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HomeMy WebLinkAbout1977 Vail Town Council MinutesMINUTES REGULAR MEETING VAIL TOWN COUNCIL 4 JANUARY 1977 The regular meeting of the Town Council of the Town of Vail, Colorado, was convened at 7:30 P.M. on Tuesday, January 4, 1977, in the Vail Municipal Building Council Chambers. Mayor John Dobson and the following councilmembers were presents John Donovan Rod Slifer Bill Wilto Others present were: Stan Bernstein, Acting Town .Manager Larr Rider Town Attorne y , y ... The meeting was convened, and Councilman Rod Slifer was officially sworn in by Town Clerk Rosalie Jeffrey to succeed Councilwoman Kathy Klug, ORDINANCE N0. 37, Series of 1976,`~~s introduced on second reading. The Mayor explained that the ordinance would establish parking regulations for the Vail Transportatid?~ Center. Councilman Wilto moved to approve the ordinance on second reading; Councilman Slifer seconded the motion; all present'~~oted in favor; and the motion carried. The Town Clerk was instr~~cted to have the ordinance published by title only. ~~~ ~ti ORDINANCE N0. 1, Series of 1977, was introducec~.an first reading by Chief of Police Gary Wall. He explained that .the Police Department had received 660 burglar alarms during 1976, that 14 of those were legitimate - an excess of false alarms. He stated that the ordinance requires a license fee ot~,$~~.00, a monitoring fee, plus a false alarm charge of $25.00,'~.as well as prohibiting certain inferior types of equipment, councilman Donovan moved to approve Ordinance No. 1 on first read-ng; Councilman Wilto seconded the motion; all present voted in favor; ~- ,~ and the motion carried. The Town Clerk was instructed to have the ordinance published i.n full, •~, ` The Mayor read a proposed resolution to rename Antholz Park... "Gerald R. Ford Park", and invited public comment prior to t~3e resolution's formal consideration at the January 18 regular ,` meeting. In regard to Poor Richards/Short Swing's request for a conditiona~- use permit to allow architects' offices and a health club, and for a parking variance for 12 spaces, Gordon Pierce, architect ~~. for the project, stated his client's plan to remove both Poor `~ Richards and Short Swing buildings, to construct a health club, 12 condominiums and architects' offices. He added that he °- planned to construct a walkway to Golden Peak over the bridge and to use solar heating for the health club. Councilman Wilto moved to approve the request for a distance between buildings variance; Councilman Donovan seconded the motion; all present voted in favor.; and the motion carried, Councilman Donovan moved to approve the request for setback variance; Cauncilrnan Slifer seconded the motion; all present voted in favor; and the motion ~ carried. Councilman Wilto moved to approve the request for a _~ parking variance for 12 spaces, to be replaced partially by valet parking; Councilman Donovan seconded the motion; Council- man Slifer voted against; all others present voted in favor; and the motion carried. Councilman Donovan moved to approve the applicant's request for a conditional use permit; Councilman Wilto seconded the motion; all present voted in favor; and the motion carried. ~' Minutes/Regular meeting ~ January 197'7 Page Two With regard to Poor Richards/Short Swing request to acquire two adjacent parcels of land, now owned by and leased from the Town of Vail, Councilman moved to table the request .../ for further study; Councilman seconded the motion; all present voted in favor; and the motion carried. Regarding the Lionshead Theatre request for lot size, shape of lot, distance between buildings, parking for theatre, and park- ing for commercial space variances, Councilman Donovan moved to table until the January 18 regular meeting; Councilman Slifer seconded the motion; all present voted in favor; and the motion carried. TOWN MANAGER REPORTS Acting Town Manager Stan Bernstein announced that beginning January 5 the Town staff would conduct a survey of local businesses to determine the amount of fiscal damage caused by the lack of . snow. With no further business, the meeting was adjourned at 8:30 P.M. ATTEST: ® /~A` ~~~L Town Clerk -~ n u ~~ • f ..` ~. .~ ~ ~. _~ ~.. MINUTES a REGULAR MEETING VATL TOWN COUNCIL 1$ JANUARY 1977 The regular meeting of the Tawn Council of the Town of Vail, Colorado, was convened at 7:30 P.M. an Tuesday, January 1$, 1977, in the Vail Municipal Building Council Chambers. Mayor Jahn Dobson and the following councilmembers were present: John Donovan Josef Staufer Rod Slifer Bill Wilto Bob Ruder Others present were: Stanley F, Bernstein, Acting Town Manager Lawrence C. Rider, Tawn Attorney RESOLUTION NO. 1, Series of 1977, naming the Antholz Property the Gerald R. Ford Park, was introduced by Mayor Dobson. Councilman Donavan moved to approve the resolution; Councilman Staufer seconded the motion; all present voted in favor; and the motion carried. Special Assistant Colleen Kline was directed to send a telegram to the President informing him of the honor. ORDINANCE N0. 1, Series of 1977, providing regulations for burglar alarms within the Town of Vail, was introduced on second reading. The Town Attorney explained that Police Chief Gary Wall had met with Dick Elias and other members of the business community and had incorporated a few minor changes to the ordinance. Mr. Elias expressed his appreciation to the staff and stated that he felt the ordinance was a good one. Councilman Donovan moved to approve the ordinance on second ' reading; Councilman Wilto seconded the motion; all present voted in favor; and the motion carried. The Tawn Clerk was instructed to have the ordinance published in full to include the amendments. ~~ ORDINANCE NO. 2, Series of 1977, rezoning Lot 16, Bighorn Second Addition, and Lots 11, 12, and 13, Block 4, and Lots 1 and 2, Block 6, Bighorn Third Addition, was introduced by Zoning Administrator Diana Toughill. She stated that the request was for a downzoning from Two Family Residential to Single Family Residential. Councilman Ruder moved to approve the ordinance; Councilman Slifer seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was instructed to have the ordinance published in full. ORDINANCE NO. 3, Series of 1977, establishing Special Development District No. 7 for The Mark, was introduced by Ms. Taughill. Architect Tom Griner presented his drawings to the Council and briefly discussed merits to the community, such as a proposed convention center. Councilman Donovan moved to approve the ordinance on first reading; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried. The Tawn Clerk was instructed to have the ordinance published in full. ~~ Regarding the appointment of two members to the Design Review - - - - .T. ~ _ ._ - _ ~ _ Board, ;Mary Peterson, _ Bill Bishop, _ Ron Todd , and_Lo_ u Parker T had made application. The Council. voted by se_cret~ballat~~o appoint Lou Parker, but reached a tie between~Bill Bishop and ^~,; I2on Todd. They agreed to defer a final vote between the two -~~~ ~~ until the February 1 regular meeting when all members of the Council would be present. ,~- ,~ -R Minutes/Regular meeting 18 January 1977 Page Two With regard to-The Mark's request for resubdivision from Lots 3 4 5 and 6 --~- n - _--' , -----'- Block__1, Vail/Lionshead Third Filing _. to Vail/Lionshead Third Filing, Ms. Diana Toughill stated that both the Planning Commission and the staff recom- mended approval unanimously. Councilman Slifer moved to grant the request; Councilman Donovan seconded the motion; all present voted in favor; and the motion carried. ~ Regarding the Lionshead Theatre request for resubdivision and • request for a parking variance for li cars, Ms. Toughill and Jeff Selby explained the changes that had been incorporated at Council's request, Councilmembers expressed concern over the need for more shops in Lionshead and for the reasonableness of mare parking variances when a parking problem existed in Vail. Ms. Toughill stated that the Planning Commission had voted 4-2 with 1 abstention to approve the parking variance and 5-1 with l abstention to approve the resubdivision. Most of the Councilmembers felt they were not ready to decide yet, that further study regarding the parking was warranted. Most wanted a further look at the site in Lionshead. Mr. Rader stated that if the subdivision were approved, a structure could be built without a parking variance according. to CCTI regulations. Dr. Tom Steinberg suggested the Council charge a fee for parking variances at a certain rate per space, to be escrowed to build a future parking structure. Councilman Staufer moved to deny the resubdivision request; Councilman Slifer seconded the motion; all present voted in favor; and the motion carried. Councilman Donovan then moved to deny the parking variance request; Council- man Slifer seconded the motion; Councilman Wilto voted against; all others present voted in favor; and the motion carried with a vote of 4-1. Councilman Staufer then moved to approve a joint parking agreement arrangement between the Theatre and Vail Associates for off-site parking; Councilman Wi1to seconded the motion; Councilmen Donovan, Slifer, and Ruder voted against; all others present voted in favor; the motion failed with a vote of 3-3. TOWN MANAGER REPORTS Acting Town Manager Stan Bernstein explained several. budget freezes incorporated by the Town staff in an effort to conserve revenues. He stated the freezes will be in effect at .east `~ until December, 1976 sales tax figures are in and mare is known about expected January snow conditions. TOWN ATTORNEY REPORTS Town Attorney Larry Rider announced that ordinances regarding nonconforming sign amortization, contractors' fees, and a real estate transfer tax would be upcoming and that copies would be available at the Town office for interested citizens. CI'T'IZEN PARTTGIPATION The Mayor announced that a X2.5 million figures had been set far a structure to cover the ice arena at Site 24 and that a March 29 date .had tentatively been set for the bond election. He stated that no design had been selected as yet. Mrs Staufer announced that Vail Cable TV would be a major topic of the February 1 regular meeting, far an update and answers to any questions regarding rates, etc. With no further business, the meeting was ATTEST: ~L /CAE-~=~" Town Clerk adjourned at 9:45 P.M. ._ ~ ,~ MINUTES REGULAR MEETING VAIL TOWN COUNCIL 1 FEBRUARY 1977 The regular meeting of the Town Council of the Town of Vail, Colorado, was convened at 7:30 P.M. on Tuesday, February 1, 1977, in the Vail Municipal Building Council.Chambers. Playor Pro Tem Josef Staufer and the following councilmembers were present: Rod Slifer Bill Heimbach Bob Ruder John Donovan Others present included: Stan Bernstein, Acting Town Manager Larry Rider, Town Attorney ORDINANCE No. 2, Series of 1977, rezoning Lot 16, Bighorn Second Addition, and Lots 71, 12, and 13, Block 4, and Lots 1 and 2, Block 6, Bighorn Third Addition, was introduced on second reading by P9r. Staufer. There was no discussion, and Councilman Donavan moved to approve the ordinance on second 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 by title only. ORDINANCE No. 3, Series of 7977, establishing Special Development District 7, was introduced on second reading. Kaiser Morcus w.as present to answer any questions regarding the Mark's Special Development District. Councilman Donovan noted that even though the dark's zoning would be SDD, it would still be subject to any future changes in the Town's Toning Ordinance. Councilman Slifer pointed out that the Town Council must approve each phase of the development separately. Councilman Donovan then moved to approve the ordinance; Councilman Slifer 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. ORDINANCE No. 9, Series of 1977, regarding the registration of contractors within the Town of Vail, was introduced on first reading by Mr. Bernstein. He explained that under the old ordinance all contractors' licenses expired . on January 1 of each year regardless of the date granted. He stated that this ordinance would provide for expiration of all licenses one year after the date of issuance. He stated that this ordinance would include electricians and plumbers who must be licensed by the State prior to registration with the Town. Councilman Heimbach moved to approve the ordinance on first reading; Councilman Donavan seconded the motion; all present voted in favor; and the motion carried, The Town Clerk was instructed to have the ordinance published in full. ORDINANCE No. 5, Series of 1977, amending the ,Sign Code regarding nonconforming signs, was introduced on first reading. Jim Lamont explained that the ordinance provided for the removal of certain nonconforming signed throughout the Town within a five year period, Mr. Rider stated that the Holiday Tnn has agreed to remove their nonconforming sign soon. Councilman Slifer moved to approve the ordinance on first 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 in full. RESOLUTION No. 2, Series of 1977, regarding the lease and agreement to purchase for Lot 10, was introduced by Mr. Bernstein. He explained that Lot 10 is now owned by Dr. Steinberg, et al, and that through this ,resolution the Town agrees to lease Lot 10 for $700.00 per month, from January through April, 1977, and to purchase the Lot for $70,000.00 vn May 1, 1977. He stated that Lot lO is now being used for the bus route through Site 24. Lot 10 is 1/2 acre. Council- man Donovan moved to approve the Resolution; Councilman Ruder seconded- the motion; all present voted in favor; and the motion carried. "' Minutes/Regular Meeting 1 February 1977 Page Two RESOl.~JTION No. 3, Series of 1977, calling a special bond election in the total amount of $2,950,000, was introduced by Mr. Bernstein. He explained that the resolution calls an election for March 29, 1977, and that there will be two questions on the ballot: 1. $450,000 for oven space, including Lot 10 and the Katsos Property.(l40 acres); 2. $2,500,000 for an ice rink/ multi-purpose arena. Bond counsel Loring Harkness asked the Mayor Pro Tem to read the entire title of the resolution into the record: "A Resolution Calling a Special Bond Election for the Purpose of Submitting to the Registered f~ualified Electors of the Town of Vail, Colorado, Two Questions of Issuing General Obligation Bonds of said Town in an Aggregate Principal Amount not Exceeding $2,950,000 for the Purposes of Acquiring Open Space and Acquiring, Constructing, Installing, and Equipping an Enclosed Ice Skating Arena and Mu1ti~Purpose Facility, said Election to be held March 29, 1977; Designating Judges and Clerks far said Election; Providing for Publication of Notice of Registration and Posting and Publication of Notice of said Election; Prescrib- ing the Form of Ballot for said Election; and Otherwise Providing for the Conduct Thereof". Councilman Slifer announced that a public hearing regarding the proposed design of the arena would be held i.n two weeks and that Town Manager Terry Minger and the project architects would be aresent. Councilman Donovan then moved to approve the resolution; Councilman Ruder seconded the motion; all present voted in favor; and the notion carried. The Town Clerk was instructed to have the resolution published in full. With regard to the appointment of a member to the Design Review Board, Mr. Staufer stated that at the last meeting the Council voted a tie between Bill Bishop and Ran Todd, The Council voted by secret ballot, and Mr. Bishop was appointed to the DRB. With regard to the Mark's Environmental Impact Report, Diana Toughill stated that the Council had reviewed the document at work session earlier in the day and that copies were available in her office for any interested parties. She stated that the Planning Commission felt that all points had been adeauately addressed. Councilman Heimbach moved to accent the Mark's Environmental Tmpact Report; Councilman Slifer seconded the motion; all present voted in favor; and the motion carried. With regard to the Manor Vail's request fora setback variance, Pis. Toughill stated that the request was far a two feet, six inch setback and that the request was part of the overall Manor Vail remodelling of its plaza area. She added that the plaza will make a handsome entrance to the Rnthalz Park. Mr. Dick Elias of the Manor Vail showed the Council his remodelling plans. Councilman Ruder moved to approve the variance request; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. TOWN MANAGER REPOf?TS Mr. Bernstein announced that the I-70 overpass would be rebid within the next two weeks, and that a wire and canvas canopy was being considered rather than the proposed glass in order to cut costs. With no further business, the meeting was adjourned at 8:20 P.M. • ATTEST: ~' ?' ~~~~.. Town"C~ erk GIB /G~~ MINUTES REGULAR MEETING VA IL TOWN COUNCIL 15 FEBRUARY 1977 The regular meeting of the Town Council of the Town of Vail, Colorado, was convened at 7:30 P.M. on Tuesday, February 15, 1977, in the Vail Municipal Building Council Chambers. Mayor John Dobson and the following caunciimembers were bresent: Josef Staufer John Donavan 8i11 Heimbach Bob Ruder Bill Wilto Rod Slifer Others present included: Stan Bernstein, Acting Town Manager . Larry Rider, Town Attorney Mr. A. J. Siccardi and Mr. E. N. Haase had not yet arrived for their special presentation, therefore, Mayor Dobson moved to item 2 on the agenda: ORDINANCE No. 4, Series of 1977, regarding the registration of contractors within the Town of Vail, was introduced on second reading. The Mayor explained that the Council and the public should be familiar with the ordinance. Councilman Donovan moved to approve the ordinance on second reading; Councilman Staufer 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. ORDINANCE No. 5, Series of 1977, amending the Sign Code regarding nonconform- ing signs, was introduced on second reading. There were no questions or comments, and Councilman Slifer moved to approve the ordinance on second reading; Councilman Heimbach 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. 6, Series of 1977, making a supplemental appropriation from the General Fund for cloud seeding, was introduced on first reading. Mr. Bernstein explained that the ordinance would authorize $5,000 to pay 1/2 of a $10,000 cloud seeding program; Vail Associates is to pay the other $x,000. He stated that the clouds were to be seeded with the next storm. Councilman Staufer objected to the third paragraph regarding increased revenues, and Councilman Slifer moved to approve the ordinance with the deletion of paragraph three; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was instructed to have the ordinance published in full. ORDINANCE No. 7, Series of 1977, ,rezoning Lot 9, Bloclc 2, Vail/Potato Patch from HDMF to MDMF, was introduced on first reading. Architect Ron Todd explained that the rezoning was a voluntary dawnzoning on the part of his client. Councilman Donovan strongly felt that the downzoning should be to Residential, and Councilmen Slifer and Heimbach agreed. Diana Toughill stated that the Planning Commission had recommended approval 5-1, and that the staff offered no recommendation., Owner Bob Lazier stated that the property _ should be developed to its maximum since it was adjacent to the overpass, and Councilman Donovan countered that the Town should get away from the "develop to max'' philosophy. After a brief discussion regarding spot zoning, Councilman '~ Heimbach moved to table a vote an the ordinance until a deed restrict ion agreement could be drawn up; Councilman Wilto seconded the motion; all present voted in favor; and the motion carried. '_ ' Minutes/Regular Meeting Vail Town Council 15 Feburary 1977 Page Two Mr. Siccardi of the Department of Transportation, Federal Highway Adminis- tration, and Mr. Haase of the Colorado Department of Highways, arrived and presented their "Best Station" avrard to the Continental Oil Company and Vail Village Conoco. They also presented an award for the Outstanding Highway Oriented Project Which Preserves the Environment to the Town of Vail and Royston, Hanamoto, Beck and Abey for the Vail Transportation Center, ORDTNANCE No. 8, Series of 1977, rezoning Vail/Potato Patch Second Filing from MDMF to Two Family Residential, was introduced on first reading. Ms. Toughi7l explained that the request was fora voluntary dawnzaning with a substantial decrease in density. Councilman Donovan moved to adapt the ordinance on first reading; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried, Councilman Slifer then moved to approve the attendant resubdivisian; Councilman Heimbach seconded the motion, all present voted in favor; and the motion carried. The Town Clerk was instructed to have the ordinance published in full. RESOLUTTON No. 4, Series of 1977, relating to the phased construction of the T-70 overpass, was introduced. Kent Rose explained that the overpass as designed was too expensive and would be rebid without the canopy. He added that the canopy would be rebid and constructed later. Councilman Wilco moved to approve the resolution; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried. The Council agreed to leave the Site 24 discussion for the last item on the agenda, and moved ahead to item #9, With regard to the J.C. Griffin request fora setback variance for Lot 11, Block 2, Gore Creek Subdivision, Ms. Toughill explained that 1/3 of the lot was located in Gore Creek and that the applicant was requesting a 15 foot setback rather than the required 20 feet in order to move the house away from the creek bank. She added that the Planning Commission had approved the request unanimously. Councilman Donovan moved to approve the requests Councilman Wilco seconded the motion; all present voted in favor; and the motion carried. With regard to the Selby/Tofel (Lionshead Theatre) request for resubdivision, Mr, Selby reviewed the location of the theatre briefly and stated that he was asking for a floating 15 foot easement (to be tied dawn when plans are more firm) for access from the Mark to the Lionshead Mall through the theatre pro- perty. Councilman Slifer felt the easement should be at least 20 feet. Councilman Heimbach moved to approve the resubdivision with the 15 foot ease- ment; Councilman Wilto seconded the motion; Councilman Slifer voted against; and the motion carried with a vote of 6-1. With regard to Site 24, Mr. Minger explained that the Council. had spent a great deal of time earlier in the day revising the design concept of the ice arena roof. He stated that they had came up with a pavillion approach, a roof without sides which would cast less and theoretically would still keep the ice cold. The Mayor explained that the March 29 bond election could still be held if the Council met in one week to amend the resolution calling for the election, There were many statements pro and con from the floor regarding the pavillion approach. There were also many questions regarding the ice melting by the dasher boards of the new rink. Pat Dodson, Recreation Director stated that he felt the melting was due to the sun's intense reflection off the dasher boards. The Mayor returned the discussion to the pavillion, and asked for a show of hands regarding that approach. The straw vote was overwhelmingly in favor of the pavillion. Architect Dale Sprankle stated that either a catenary or truss approach to the pavillion could be build for around $750,000 and that a Butler building pavillion approach could be built far less, and he asked for direction. Some members of the audience preferred the catenary approach and others preferred the simplest, cheapest approach. Figures were discussed, and many members of the audience objected to recovering the $240,000 already spent through the bond election. Mr. Bernstein stated that an election on bonding the ice arena roof could wait until-mid-summer and that the March 29 election could go ahead for $450,000 for Lot 10 and Katsos. Mr. Sprankle stated that the Town could wait until mid summer to vote on the ice arena room and still be able to construct the roof without delay. The Mayor asked for another show of hands regarding whether or not to wait until mid-summer for a bond election for the ice arena roof. By a ", i Minutes/Regular Meeting 3 15 February 1977 Page Three small margin, most wanted to wait. Dick Elias asked what the architectural fees owed to Mr. Sprankle were to date. Mr. Bernstein stated that the fees amounted to 7% of $4.1 million, as agreed upon at the time the contract was signed, Councilman Donovan proposed to vote only on Katsos and Lot 10 at the March 29 election and to put off voting on Site 24 until June, until all pertinent data had been collected. Again, the Mayor asked for a straw vote, and the crowd unanimously indicated that they preferred to wait until mid-summer. Councilman Heimbach proposed setting up another public hearing, possibly for the second meeting in March, to Took at the alternatives again, and to have Mr. Sprankle return with revised cost estimates. At the close of discussion Mr. Frank Thompson of CATV criticized the Council for its indecision and the use of straw votes to formulate policy. With no further business, the meeting was adjourned at 11:45 P,M. Ma RTTEST: / ~ ~~~ T n ~C1 erk ow .~~~ • _ r., ' .~ _. ..i MINUTES REGULAR MEETING VAIL TOWN COIINCTL 1 MARCH 1977 The regular meeting of the Town Council of the Town of Vail, Colorado, was convened at 7:30 P.M. on Tuesday, March 1, 1977, in the Vail Municipal Building Council Chambers. Mayor John Dobson and the following councilmembers were present: Bill Heimbach John Donovan Rod Slifer Bill Wilto Bob Ruder Others present were: Stanley ~'. Bernstein, Acting Town Manager Lawrence C. Rider, Town Attorney Mr. Frank Thompson of Vail Cable TV read excerpts from his company's annual report. He warned that illegal hookups will be turned over to the Vail Police Department fbr prosecution in the future. Mr. Loren Mall, attorney for Manor Vail in current litigation against the Town of Vail and Vail Cable TV, objected to Mr. Rider's interpretation of the rate schedule. Mr. Rider stated that a..decision in'Manor.~ail v. TOV was- imminent and suggested that the Council wait to decide a rate matter until after that decision was rendered. Mr. Dick Elias of the Manor Vail agreed that waiting would be reasonable. Mr. Ma11 asked that Manor Vail be kept informed of future decision making sessions regarding Cable TV, and the Council agreed. Mr. Thompson. then mentioned the annual discount rate. He felt that pro-rated accounts should not be discounted., and Mr. Elias agreed. The Town Council then unanimously agreed to enforce the advance payments discount, and Mr. Thompson pledged not to begin advance billing until January 1, 1978. ORDINANCE N0. 6, Series of 1977, making a supplemental appro- priation from the General Fund for the purpose of cloud-seeding, was introduced on second reading. The Mayor announced that it i had indeed snowed right after first reading on this ordinance. Councilman Donovan complained that the sludge pats were not being operated often enough and asked Mr. Bernstein to check an how the monies were being spent. Cauncilrnan Donovan then moved to approve the ordinance an second .reading; Councilman Wilto 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. ORDINANCE NO. 7, Series of 1977, rezoning Vail/Potato Patch Second Filing from Medium Density Multiple Family to Two Family Residential, was introduced on second reading. The Mayor explained that the downzoning was voluntarily requested. Councilman Donovan moved to approve the ordinance on second reading; Council- man Ruder 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. ORDINANCE N0. 8, Series of 1977, rezoning Lot 9, Block 2, Vail/Potato Fatch from High Density Multiple Family to Medium Density Multiple Family, was introduced on first reading. Jay Peterson, attorney for owner Bob Lazier, updated the Council on the proposed project. He stated that the density had been pared down from 90 to 60 units, but that his client still wants MDMF ' ~ ~_ Minutes/Regular meeting 1 March 1977 Page Two zoning to allow for 90 uncovered parking spaces. He added that he and Mr. Rider had discussed the deed restrictions. Mr. Rider explained that since last week when the Council was approached with the proposed project, the Supreme Court of Colorado had ruled that zoning can be contractual, so that now the Council could write restrictions into the ordinance and require the applicant to sign a contract limiting the project to 60 units with 90 uncovered parking spaces prior to second reading on the ordinance. Mr. Ran Todd, architect for the project, showed his plans and explained how the units would be situated on the site. Mr. Donovan asked why the developer wanted MDMF zoning for 6fl units, normally an LDMF density. Mr. Peterson stated that his client felt that the Town of Vail was planning to downzone in general and that LDMF could eventually turn out to be ~0 units. Councilman Donovan felt vehemently that 60 units was too much density in an essentially residential neighborhood. He berated Vail Associates for selling the property at such a high density zoning when they should, he felt, have downzoned it to Residential and then sold it. Councilman Wilto felt the developer, Lazier, had shown goad faith in voluntarily dawnzoning to MDMF. Several members of the audience, including Planning Commission member Sandy Mills - who had voted in favor of the project in Planning Commission voting ~- expressed their feelings that the neighborhood was essentially residential and that the project should not be allowed to go forward. Ms. .Pam Garton, chairman of the Planning Commission, stated that the PC had unanimously voted in favor of the downzoning and recommended that the Council do the same. Councilman Wilto then moved to approve the ordinance on first reading; Councilman Heimbach seconded the motion; Councilmen Donovan and Slifer and Mayor Dobson voted against the motion; all others present voted in favor; and the motion failed with a vote of 3-3. RESOLIITION NO. 5, Series of 1977, regarding the first amendment to the Town of Vaii/Vail Resort Association lease agreement, was introduced by the Mayor. He explained that the amendment was to allow the VRA to repay the Town for expenditures incurred to fix the VRA air system at, tYie Vail Transportation Center, -said payments to be spread out over a 10-year period. Councilman Donovan moved to approve the resolution; Councilman Ruder seconded the motion; Councilman Slifer abstained; all others present voted in favor; and the motion carried. - With regard to the Lianshead Theatre variance requests, Mr. Jeff Selby brought the Council up to date on the progress of the project and the denial of all variances requested up to now. He then presented two alternative proposals, one requesting a parki.~.ng variance and a setback variance, the other requesting just a setback variance. Diana Toughill explained that one proposal would incorporate unused parking within the adjacent Landmark building in a joint parking agreement, thereby eliminating the need for a parking variance. She explained that the setback variance was still. requested to make the ma11 more attractive in general. She added that as an alternative, the Council. could approve an escrow fund for future parking and charge the Theatre a certain sum in exchange for a-parking~variance,.rather than approving the joint agreement, She stated that the Planning Commission had recommended approval of the setback variance with the Landmark parking lease. Councilman Wilto then moved to approve the setback variance according to Planning Commission recommendations; Councilman Donovan seconded the motion; all present voted in favor; and the motion carried. Councilman Donovan then moved to table the request for a parking variance; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried. Councilman Donovan asked Mr. Selby to mark off where the building was to be located so that the Council could have a look at next Tuesday,'s work session and to check with the Landmark owners in regard to where the parking would be located. Mr. Selby agreed. .- + r •, , ~ Minutes/Regular Meeting 1 March 1977 Page Three With regard to Mickey Salloway's appeal of a Design Review Board decision concerning the Gondola Ski Shop canopy, Councilman Donavan moved to table the request until the Council can have a first-hand look at the canopy; Cauncilman Ruder seconded the motion; all present voted in favor; and the motion carried. With regard to the Cartwright/Mueller request for a resubdivision of Lot 8, Vail Village 10th Filing, Mr. Jay Peterson, now repre- senting Cartwright/Mueller, explained that the request was for financing reasons, that the site was all-conforming, and that no variances would be necessary. Councilman Slifer moved to approve the request; Councilman Donavan seconded the motion; all present voted in favor; and the motion carried. TOWN ATTORNEY REPORTS Mr. Rider stated that the Town Council could, by motion, initiate the rezoning of Mr. Lazier's Lot 9, if it so desired. Councilman Slicer then moved to request that the Planning Commission begin rezoning hearings to rezone Lot 9 from HDMF to Residential Cluster or to Residential; Councilman Donovan seconded the motion; Council men Heimbach and Wilco were opposed; all others present voted in favor; and the motion carried with a vote of 4~2. CITIZEN PARTICIPATION Mr. Peterson objected to the Council's handling of Mr. Lazier's rezoning request, stating that the Council had not acted fairly. with no further business, the meeting was adjourned at 10:40 P.M. ATTEST: ~ /~ To Clerk MINUTES REGULAR MEETING ,~ VAIL TOWN COUNCIL 15 MARCH 1977 The regular meeting of the Town Council of the Town of Vail, Colorado, was convened at 7:30 P.M. on Tuesday, March 15, 1977, in the Vail Municipal Building Council Chambers. Mayor John Dobson and the following councilmembers were present: Josef Staufer John Donovan Rod Slifer Bi11 Heimbach Bill Wi1to Bob Ruder Others present were: Stanley F. Bernstein, Acting Town Manager ORDINANCE N0. 9, Series of 1977, regarding transient dealers' licenses, was introduced on first reading. The Mayor explained that this ordinance would tighten regulations regarding transient dealers by providing far a $50.00 .license fee for fourteen days as well as a percentage sales tax deposit. Councilman Wilto moved to approve the ordinance; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was instructed to have the ordinance published in full. Mr. Dick Elias, chairman of the reported on the progress of the rec~~~u«ending a population ceili: the Gore Valley. He added that coming from the committee as it achieving a growth ceiling. Growth Management Study Committee, group and stated that they were ng of 25,000 to 30, 000 people for further reports would be farth- reach agreement on methods for With regard to the Lionshead Theatre's request for a pa~l~.ing variance, the Town Attorney had submitted a memo to the Council recommending that the variance be granted subject to the Theatre paying the Town not more than $3500 per parking space, said agreement to be binding on the applicant for two years, subject to a signed agreement between the applicant and the Town. Mr. Jim Lamont, Director of the Department of Community Development, stated that the Planning Commission unanimously endorsed the arrangement. Councilman Heimbach moved to approve the request subject to the escrow agreement outlined by the Town Attorney; Councilman Slifer seconded the motion; all present voted in favor; and the motion carried. The Town Attorney was directed to draft the necessary agreement. At this point, the Mayor explained that the Town Council had informally agreed to reconsider ORDINANCE NO. 8, Series of 1977, rezoning Lot 9, Block 2, Vail/Potato Patch, ;from HDMF to MDMF. Councilman Wilto so moved; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. The reconsideration was set for the April 5 regular meeting. With regard to Mr. Merv Lapin's request for a variance from the provisions of Section 3.505 of the Zoning Ordinance, architect Ron Todd explained that the request was to replace the existing house on the iot due to drainage problems. He added that the *~ replacement would be 1500 square feet smaller. Mr. Lamont stated that the Planning Commission had recommended approval. Council- man Heimbach moved to approve the request; Councilman Wilto seconded the motion; Councilman Donavan voted against; all others present. voted in favor; and the motion carried with a vote of 6y1. y ~. , f ~` Minutes/Regular Meeting 15 March 1977 Page Two Regarding the request of Kathryn R., Ruth E., and Howard M. ~. Benysh for GRFA and setback variances for Unit 7, Bighorn Terrace, the applicants explained that the request was in order to build a dining room and to move the outside deck - a total enlargement of 130 square feet. The stated that the changes would make the unit more livable and that the Planning Commission had recommended approval. Councilman Donovan moved to approve the requests: Councilman Ruder seconded the mation; all present voted in favor; and the motion carried. Regarding John R. and Margery J. Hemby' request for approval of the avalanche report for Lot 16, Bighorn Subdivision, Mr. Lamont stated that the Planning Commission unanimously recom- mended approval. Councilman Wi1to moved to approve the report, Councilman Donovan secanded the motion; all present voted in favor; and the motion carried. Regarding Mickey Salloway's appeal of the Design Review Board's decision requiring him to remove a canopy at the Gondola Ski Shop, Mr. Salloway nor anyone representing him was present. Mr. Lamont explained that the Council must act tonight according to the appeal procedures. Councilman Staufer updated that Council, stating that the Design Review Berard had approved one size for the canopy; Mr, Salloway had built a larger size; the Design Review Board then said to take the wrong sized canopy down; and Mr. Salloway had appealed to the Council. Councilman Ruder stated that Mr. Salloway's methods had been incorrect, but that the canopy as built improved .the safety of the area around it by blocking falling snow and ice, Councilman Slifer moved to send the matter back to the Design Review Board for 30 days further review; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried. TOWN MANAGER REPQRTS Mr. Bernstein announced that January 1977 sales tax revenues were even with those for January 1976. He also announced that March 29 had been set as a bond election date to determine whether the Town could purchase the Katsos Property and Lot 10 (adjacent to Site 24). He invited any questions. CITIZEN PARTICIPATION Councilman Slifer requested a list of all Town of Vail parking contracts from the staff with a proposal for collecting on them by the next work session. Councilman Ruder announced that Council. agendas were now being prepared on the Friday prior to the meeting and asked that all agenda items be turned in by then. With no further business, the meeting was adjourned at 8:45 P.M. ATTEST: • Town Clerk Gk or ' ... :.+: MINUTES REGULAR MEETING VAIL TOU1N COUNCIL 19 APRIL 1977 The regular meeting of the was convened at 7:30 P.M. Buildincl Council Chambers. Town Council of the Town of Vail, Colorado, on Tuesday, April 19, 1977, in the Vail Municipal Mayor John Dobson and the following councilmembers were present: John Donovan Bill Heimbach Bob Ruder Bill Wilto Others present included: Stan Bernstein, Acting Town Manager Larry Rider, Town Attorney ORDINANCE No. 8, Series of 1977, rezoning Lot 9, Block 2, Vail/Potato Patch, from HDMF to MDMF, was introduced on second reading. Councilman Wi1to moved to approve the ordinance on second reading; Councilman Ruder seconded the motion; the vote was 4-1 with Councilman Donovan voting against; and the motion carried. The Town Clerk was instructed to have the ordinance published by title only. ORDINANCE No. 9, Series of 1977, regarding transient :dealers" licenses, was introduced on second reading. Mr. Rider explained that the time period had been reduced to fourteen days and the fee reduced to $50.00 Uvith a sales tax deposit of not less than $100.00. Councilman Donovan moved to approve the ordinance as amended; Councilman k~ilto seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was instructed to have the ordinance published in full. ORDINANCE No. 11, Series of 1977, regarding the sale of $450,000 of the Town's General Obligation Bonds, was introduced on first reading. Stan Bernstein read the title into the record: "An ordinance to contract an indebtedness on behalf of the Town of Vail, Colorado, and upon the credit thereof, by issuing general obligation bonds of said Tawn in the principal amount of $450,000 far the purpose of defraying, in whole or in part, the cost of acquiring real pro- • perty to be used as open space and/or recreation and park land; prescribing the form of said bands; and providing faw the levy of taxes and for the appli- cation of sales tax revenues of the Town of Vail to pay said bonds and the interest thereon". The Mayor asked if all members present had read the ordinance, and all had. Councilman Donovan moved to approve the resolution with the addition _..__.. to the title o~--'Tmuni ci-pal service s" as -a possible use; ~unci 1man l~li 1 to seconded , the motion; all present voted in favor; and the motion carried. The Town Glerk was instructed to have the ordinance as amended published in full. RESOLUTION No. 6, Series of 1977, approving the conveyance of Parcel B, Vail Village First Filing, was introduced. The Mayor explained that action on the resolution had been continued from the previous meeting. He added that the resolution had been amended to include a twenty foot easement granted to the Town, and that statements had been received confirming that $1,500.00 was a fair price for the property. Councilman Donovan moved to approve the resolution as amended Councilman Heimbach seconded the motion; all present voted in favor4 and the motion'~carried. RESOLUTION No. 7, Series of 1977, approving the Morcus Subdivision, was intro- duced. Mr. Rider explained that there were technical errors in the first subdivision which had been approved by the Council previously and that this resubdivisian would correct those errors. He added that the change would not affect the special development district. Councilman Heimbach moved to approve the Morcus Subdivision; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried. n. -: Minutes/Regular Meeting 19 April 1977 Page Two With regard to the appointment of a member to the Board of Appeals for the Uniform Building Code, the applicants were Ronald A. Todd and Donald J. Potter. The Council voted by secret ballot to appoint Mr. Todd. TOWN MANAGER REPORTS Mr. Bernstein announced that sales tax revenues for February 1977 were dawn 5% from February 1976. CITIZEN PARTICIPATION In response to a question regarding the status of the various Town of Vail parking contracts, Mr. Rider stated that some had been located and that he had sent a memo to the Council earlier in the day. He expected a decision regarding collection of the contract payments soon. In response to a question regarding the timetable for the I-70 overpass, Mr. Bernstein stated that the overpass should be finished in time for use in the Fa11. With no further business, Councilman Donavan moved to adjourn at 8:00 P.M. ATTEST: Town CT'erk - ` ... /.~~ .....,J~ MINUTES REGULAR MEETING VAIL TOWN COUNCIL 5 APRIL 1977 The regular meeting of the was convened at 7:30 P.M. Building Council Chambers. Town Council of the Town of Vail, Colorado, on Tuesday, Rpril 5, 1977, in the Vail Municipal Mayor John Dobson and the following councilmembers werr present: Josef Staufer Rod Slifer Jahn Donovan BiTI Heimbach Bill Wilto Bob Ruder Others present included: Stan Bernstein, Acting Town Manager Larry Rider, Town Attorney 4 Reconsideration of ORDINANCE No. 8, Series of 1977, rezoning Lot 9, Block 2, Vail/Potato patch from HDMF to MDMF, was introduced on first reading. The project's attorney, Jay Peterson, and Jim Lamont stated that the ordinance had been defeated at the March 1, 1977 meeting of the Council and that the Council had approved a motion to reconsider the ordinance at its March 15, 1977 meeting. Mr. Peterson and Architect Ran Todd reviewed their drawings and reiterated the developer's good faith in voluntarily reo~uesting a downzoning of the property. Kit Abraham presented and read a petition signed by residents of the adjoining neighborhood requesting that the Town purchase Lot 9 and convert it into green space. There were many public comments both pro and con the project and with regard to various zoning suggestions. Mr. Peterson stated that the present HDMF zoning allowed a total of 215 units that could be built on the site, and that Mr. Lazier was requesting a downzoning to b0 units. Pepi Gramshammer suggested that the Town purchase the property and build a parking lot so that skiers and employees could park there and cross over the I-70 overpass to Lionshead. Councilman Staufer fervently expressed his belief in the developer's right to use his property and praised the voluntary downzoning. Councilman Wilto moved to approve the ordinance 'and the downzoning; Councilman Ruder seconded the motion; the vote was ~-2 in favor, with Councilmen Donovan and Slifer voting against; and the motion carried. The Town Clerk was instructed to have the ordinance published in full. ORDINANCE No. 9, Series of 1977, regarding transient dealers' licenses, was introduced on first reading. Councilman Donovan explained the need to clarify regulations regarding transient dealers, but requested that the duration of the license be decreased from. sixty to fourteen days. Mr. Rider stated that if the length of time the license is granted for is shorted, the fee should be decreased as well. Councilman Donavan then moved to approve the ordinance with the time period reduced to fourteen days and the fee reduced to $100.00; Councilman Staufer seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was instructed to have the ordinance published in full. ORDTNA}JCE No. 10, Series of 1977, an emergency ordinance authorizing interim financing in the amount of $450,000, was introduced. Stan Bernstein explained that the interim financing was in relation to the recent Katsos/Lot 10 band election, in anticipation of revenues from the bond sale. }ie stated that an emergency ordinance was required because the technical closing date for the Katsos purchase is Rpril 6, 1977. Councilman Donovan moved to approve the ordinance; Councilman Wilto 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. b, Series of 1977, approving the conveyance of Parcel B, Vail Village First Filing, was introduced. Jim Lamont explained that the resolution approved the sale of Parcel B by the Town to the Vail Atheltic Club for parking in exchange for an additional easement granted to the Town and $1,500.00. ~ ,~„~°w Minutes/Regular Meeting 5 April 1977 Page Two Parcel B would not count in calculations of GRFA. Councilman Slifer asked for an outside opinion regarding the price and Councilman Donovan was opposed to parking on the parcel. Councilman Heimbach moved to table action on the resolution; Councilman Donovan seconded the motion; all present voted in favor; and the motion carried. Action was deferred until the next regular meeting. With regard to the Gondola Ski Shop's appeal of the Design Review Baard's denial of its sign app1i,cation, Mr. Lamont explained that the DRB had ori.ginall,y approved a twelve foot canopy sign, and the applicant erected a 27 foot canopy; the DRB requested that the larger canopy be removed and the original sign erected in its place. Mr. Sa11oway stated that the larger canopy actually was safer because it protected from melting ice and requested that he be a1-lowed to keep it. Councilman Ruder moved to overturn the DRB decision and allow the current canopy to stand; Councilman Wilto seconded the motion; the vote was 6-1, with Councilman Staufer voting against; and the motion carried. With regard to the Pierce/Ni7sson request for a GRFA variance for units 10D and 15D, Sandstone 7a, Mr. Lamont explained that the applicants wanted to enlarge their living rooms. Ed Drager stated that the Planning Commission recommended denial of the requests, despite a letter of approval from the Sandstone Condominium Association; the Planning Commission feared the precedent. Councilman Slifer moved to approve the requests; Councilman Staufer seconded the motion; the vote was 2-3, with Councilmen Heimbach, Ruder, and t~dilto voting against, and Councilman Donavan abstaining; and the motion failed. The Council requested that the Planning Commission review haw to handle GRFA variance requests in the future and submit its recommendations soon, CITIZEN PARTICTPATION day Peterson commended the Council for its reversal in approving the downzoning requested by Bob lazier for. Lot 9 and far its openess in granting his client's request for reconsideration. Mayor Dobson announced the Council's decision to rebid the design contract for the ice arena, He stated that the pavillion approach had been abandoned since Recreation Director Pat Dodson and other consultants felt that the approach was not practical, would not keep the ice cold enough. With no further business, Councilman Donovan moved to adjourn at 9:30 P.M. ya ATTEST: 7 ~~ 1 `` Town er .. s. ,,. MINUTES REGULAR MEETING VAIL TOWN COUNCIL 3 MAY 1977 The regular meeting of the Town Council of the Town of Vail, Colorado, was convened at 7:30 P.M. on Tuesday, May 3, 1977, in the Vail Municipal Building Council Chambers. Mayor John Dobson and the following councilmembers were present: Rod Slifer Bill Heimbach Bill Wi1to Bob Ruder Others present were: Lawrence C. Rider, Town Attorney ORDINANCE N0. 11, Series of 1977, regarding the sale of $450,000 of the Town's general obligation bands, was introduced on second reading. Mr. Rider stated that the addition of "Municipal Services" to the title as approved by the Council on first reading was not necessary. Council- man Ruder moved to approve the ordinance on second reading; Councilman Wilto seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was instructed to have the ordinance published. • ORDINANCE N0. i2, Series of 1977, adopting the Vail Municipal Code, was introduced on first reading. Mr. Rider explained that this ordinance would adopt the newly edited codification of ail Town of Vail ordinances. He added that second reading would occur at the June 7 regular meeting since the ordinance required two publications instead of the customary one. Councilman Slifer moved to approve the ordinance on first reading; Counci~- man Heimbach seconded the motion; all present voted in favor; and the motion carried. The Town Clerk -~ras instructed to have the ordinance published in full. ORDINANCE N0. 13, Series of 1977, amending the Zoning Ordinance and defining hazard areas, was introduced on first reading. Ms. Diana Toughill, the Zoning Administrator, stated that the ordinance was not yet in final form for the Council's consideration and requested a postponement. Councilman Wilto moved to postpone action on the ordinance until the May 77 regular meeting; Councilman Slifer seconded the motion; all present voted in favor; and the motion carried. RESOLUTION N0. 8, Series of 1977, in support of County dog control measures, was introduced by Mayor Dobson. He read the ordinance in full and invited comments. Mr. Lou Parker complained about the lack of dog ordinance enforce- ment in the Sandstone area, and-the Council instructed the Police Department to enforce the regulations more stringently in that area. Councilman Ruder then moved to approve the resolution; Councilman Slifer seconded the motion; all present voted in favor; and the motion carried. RESOLUTION N0. 9, Series of 1977, in apposition to a State collected, locally shared sales tax, was introduced by the Mayor, He stated that the proposed tax collection arrangement could cut into the Town's sales tax revenues. Councilman Slifer moved to approve the resolution; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. With regard to Douglas Borwick's request for a resubdivision of Lot 14, 81ock 4, Bighorn Third Addition, Ms. Toughill explained that the resubdivision would divide the 3.6 acre lot into 6 residential lots near the Bighorn water treatment facility. She added that the Planning Commission and the staff had unanimously recommended approval. Mrs. Macci Carmody asked about access to the lots, and Ms. Toughill showed a map of the proposed easements. Councilman Wilto then moved to approve the resubdivision; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried. .1 Minutes/Regular meeting 3 May 1977 Page Two Regarding the Vail Athletic Club's request for a building length variance, Ms. Toughill explained that the need for this variance had been overlooked by the staff and Planning Commission earlier. She stated that the proposed building was about 2 f eet too long to comply with Zoning Ordinance regulations, and that the Planning Commission recommended approval by a vote of 4-1. Councilman Wilto moved to approve the variance request; Councilman Weimbach seconded the motion; a71 present voted in favor; and the motion carried. TOWN MANAGER REPORTS Mayor Dobson stated that Town Manager Terry Minger was scheduled to return from his sabbatical at Harvard University around May 22, 1977. CITIZEN PARTICIPATION Several residents of the Sandstone area complained about the number of dogs in their area and about the apparent lack of enforcement of the dog ordinance. The Council instructed Bob Manzanares to study the situation and report to them at the May l0 work session. Mr. Dudley Abbott inquired about a report promised from the Town Attorney to the Council in regard to the controversial parking contracts with GC1. The Mayor stated that the report had been received by the Council and had been discussed at a public meeting. Mr. Abbott also-urged the Council to abandon consideration of the McAllister site as the location of the proposed public works maintenance facility since it was so near to the Potato Patch and Sandstone residential areas. The Mayor stated that the Council was considering the McAllister site as well as the Pulls property and the Selby/Tofel property but had not reached a decision as yet, but will consider Mr. Abbott's recommendation. Mr. Abbott also urged the Council to order immediate clean-up of the McAllister site, and the Council directed the staff to submit a memo outlining what could be done by the May 70 work session. Mr. Ernie Nunn of the U.S. Forest Service passed around a fact sheet regarding the proposed sale of timber from the Piney area and the subsequent use of Sandstone Road by logging trucks. He asked the public to consider the matter and stated that he would make a formal presentation at the May 17 regular meeting. The Mayor then announced that at the May 17 regular meeting both himself and Mayor Pro Tem Josef Stauf er would be absent. He asked the Town Attorney what should be done to chair the meeting. Mr. Rider stated that the Council should appoint one of its members Acting Mayor Pro Tem until the Mayor's or the Mayor Pro Tem's return. Councilman Wilta nominated Mr. Donovan to fill the need; Councilman Slifer seconded the nomination; all present voted in favor; and Per. Donovan stood appointed Acting Mayor Pro Tem. With no further business, the meeting was adjourned at 8:30 P.M, ATTEST G~l~~-~ Town Clerk M or MINUTES REGULAR MEETING VAIL TOUJN COUNCIL 17 MAY 1977 The regular meeting of the was convened at 7:30 P.M. Building Council Chambers. Town Council of the Town of Vail, Colorado, on Tuesday, Ma.y 17, 1977, in the llail Municipal Acting Mayor Pro Tem John Donovan and the following councilmembers were present: Bili Wilto Bob Ruder Bili Heimbach Rod Slifer Others ~aresent included: Stan Bernstein, Acting Town Manager Larry Rider, Town Attorney ORDINANCE No. 13, Series of 1977, amending the Toning Ordinance; defining hazard areas, was introduced on first reading. Mr. Rider exblained that the ordinance was not yet ready for Counc~1 s consideration and suggested that it be tabled indefinitely. Councilman Weimbach moved to table the ordinance for an indefinite period; Councilman lAlilto seconded the motion; all present voted in favor; and the motion carried. With regard to the 1976 Audit Report, Jerry McMahan of McMahan, Siap and VanDeventer, Inc., briefly reviewed the unqualified audit opinion which included the Town and all special districts. Acting Mayor Pro Tem Donovan moved the meeting to the 4th item on the agenda since evervone concerned with the 3rd item had not yet arrived. 4~lith regard _____ to i;he Building_Inspector's_appeal of a Design Review Board decision regarding Timberline Properties' proposed sign, Dave Cole of Timberline stated that the sign was aui:omatically approved due to inaction by the DRB. We stated that there were actually two signs in question, one a flag of 5 square feet, and the other a regular sign of 9 square feet. We added that Timberline Properties did nvt plan to use the flag sign, but felt that the regular sign was appro- priate for a second story business such as his. Councilman Weimbach moved to confirm the approval of the DRB; Councilman 1F~ilto seconded the motion; • Councilmen Ruder, Slifer and Donovan voted against the motion; and the motion failed. Councilman Slifer then moved to reverse the approval of the DRB; Councilman Ruder seconded the motion.; and after further consideration, Council- man Slifer withdrew his motion before a vote was taken. Councilman Slifer then moved to table action on the appeal until the Council and the DRB could review the matter further by the June 7 regular meeting of the Council:. Counci l- man Weimbach seconded the motion; all present voted in favor; and the motion carried. The appeal was thus tabled until the June 7, 1977 Council meeting. Acting Mayor Pro Tem Donovan returned to item #3 and introduced Ernie Nunn of the U.S. Forest Service to explain the USFS' proposed use of Sandstone Road for logging trucks in 1979-80. Mr. Nunn stated that the Forest Service would prefer to use Sandstone Road to remove the timber sale than to construct never roads into a previously roadless area. We stated that the timber sale would be complete in 1977-78, would be harvested in 1978, that 400 truck trips would be made in 1979 and 450 in 1980. After considerable public reaction pro and con, Mr. Nunn stated that if the public reaction is totally negative the Forest Service would rethink the proposal and that he would be soliciting public input up until the time that the timber is actually sold. Mr. Donovan then moved down to item #8, appointment of new members to both the Planning Commission and the Design Review Board. Ron Todd and Barry Lambert were applicants for a position on the Planning Commission; Abe Shapiro, Gail Strauch, and Larry Edgeman were applicants for a position on the Design Review Board. The Councii voted by secret ballot to appoint Ron Todd to the PC and Abe Shapiro to the DRB. Minutes/Regular Meeting 17 May 1977 Page Two .~ Mr. Donovan returned to item #5, Selby/Tofel Livnshead Commercial distance between buildings. She 20 foot separation, but that the request a 10 foot separation in ma17. She added that Monteneros and Diana Toughi7l explained that the project was requesting a variance for stated that the requirement was far a Council had asked the developers to order to widen the Livnshead pedestrian approved of the reauest. Councilmen Slifer then moved to approve the request; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. With regard to the amended plat for resubdivision of Tract P, Vail Village 11th Filing, Ms. Toughi1l explained that the resubdivision had been previously approved by the Council and that the amendment was to change the lot confi- guration anl,y. Councilman Wilto moved to approve the amendment; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried. With regard to a request for a variance from Section 3.505 of the Zoning Ordinance far the Dr. George Mizner residence, Lot 17, Block 5, Bighorn 5th Addition, architect Duane Piper showed the Council his plans for two separate structures on a duplex lot. He explained that separation of the structures would be a good solution to a topographical problem (a large rock outcropping) and that he had designed the structures around the rocks, rather than designing a typical single structure duplex. Mr. Jerry Schusse1e, a neighbor of Dr. Mizner's, opposed the solution, citing existing covenants which prohibit such a separation. Mr. Rider stated that the Town Council has no authority regarding covenants and can only act through, its Zoning Ordinance. Mr. Schussele was concerned with the precedent that could be set by granting the Mizner variance. Mr. Rider assured him that the granting of variances was not precedent setting and suggested that he seek relief through the Courts. Councilman Ruder then moved to grant the variance request; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. CITTZEN PARTICIPATTON Mr. Bd Drager asked what was being done regarding increased dog control in the Sandstone area since a number of complaints had been raised earlier. Mr. Bernstein stated that the Town`s efforts in that area had been stepped up and that the problem should be subsiding. With no further business, the meeting was adjourned at 10:DD P.M. n U ATTEST: ,' ~~ Town C1 r /il~~,~ a~ C~-- Pi CJ MTNUTES RE~;ULAR MEETING VAIL TOWN COUNCIL 7 JUNE 7977 The regular meeting of the Town Council of the Town of Vail, Colorado, was convened at 7:30 P.M. on Tuesday, June 7, 1977, in the Vail Municipal Building Council Chambers. Mayor John Dobson and the following councilmembers were present: Josef Staufer John Donovan Rod Slifer Sill Heimbach Bob Ruder Bi11 Wilto Others present were: Terrell J. Minger, Town Manager Lawrence C. Rider, Town Attorney Mr. Dick Prascence and Mr. R. E. Heathcote, of the State Division of Highways, made a special presentation to update the public on the progress of construction on Vail Pass and Ten Mile Canyon. Mr. Proscence stated that his crews hope to have the divided four-lane completed over Vail Pass by the time they shut down far the winter season, 1977-78. He announced that there could be traffic delays of up to 40 minutes on an infrequent basis during the summer. Both gentlemen offered to be of service whenever they could and suggested that persons having questions contact Mr. Fitzpatrick in Frisco at 468-2404. ORDINANCE N0. 12, Series of 7977, adopting the Vail Municipal Code, was introduced on second reading. Mr. Rider explained that this ordinance was a formality to adopt the newly edited codification of Vail's municipal ordinances. Councilman Donovan moved to approve the ordinance on second reading; Councilman Heimbach seconded the motion; all voted in favor; and the motion carried. The Town Clerk was instructed to have the ordinance published by title only since there were no amendments from first reading. RESOLUTION N0. l0, Series of 1977, regarding the proposed annexation of the West Vail area to the Town of Vail, was introduced by the Town Attorney. Mr. Rider explained that a Petition far Annexation Election had been presented by Ms. Celia Roberts of the West Vail area to the Deputy Town Clerk earlier in the day and that the Deputy Town Clerk had in turn _ _- referred the Petition to the Town Council. He stated that~the signatures on the Petition had been verified as qualified°electors and that the Petition appeared to be in substantial compliance with the requirements of the State Statutes governing annexations, that is, they represented at least l0% of the total number of qualified electors (resident land- owners who are registered voters) within the West Vail area. He added that the Council now must adapt a resolution setting a time and place for a public hearing to determine whether or not the West Vail area meets the Statutory requirements for annexation. Resolution No. 10 would set said hearing for the regular Town Council meeting on Tuesday night, July 19, 1977, at 7:30 P.M. Mr. Frank Caroselli of the West Vail Association objected to the Council's adoption of Resolution No. 10, stating that the residents of West Vail preferred not to annex by a margin of 4 to 1. Mr. Rider stated that the Council had no choice but to proceed with the annexation process if it determined that the Petition was in substantial compliance with the Statutory requirements. Mr. Caroselli then requested and received a copy of the Petition. Councilman Heimbach then moved to --- adopt Resolution No. 10; Councilman Donavan seconded the motion; all voted in favor; and the motion carried. The Tawn Clerk was instructed to publish notice of the public hearing to be held on July 19, 1977. ` ~ , Minutes/Regular Meeting 7 June 1977 Page Two Regarding the question of parking contracts in the Core area, Mayor Dobson announced that the Council was working with the Planning Commission in joint sessions to resolve the overall parking problem within the next month. With regard to the Rucksack`s request for a parking variance, Mr. Jeff Selby requested that the Council table his request until the Planning Commission recommendations regarding parking are received and until Council members have an opportunity to discuss the situation with adjoining property owners. Accordingly, Councilman Slifer moved to table the request; Councilman Wilto seconded the motion; all voted in favor; and the motion carried. Regarding the 5pa's request for building bulk and setback variances, Brian Pendleton, representing the owner, outlined the site in west Lianshead, and Tom Briner, the architect, explained their design options. Mr. Briner stated that the owners had opted for a larger building mass in order to have more open space on the site. Diana Toughill stated that the Planning Commission had recommended approval of all four variances. With regard to the setback variance, Councilman Heimbach moved to approve the request subject to Eldon Beck's letter of May 20 and to the Planning Commission recommendation; Councilman Wilta seconded the motion; Councilman Slifer abstained; the remaining councilmembers voted in favor; and the motion carried. With regard to the building bulk control variance to allow a wall length of 300 feet as opposed to 775 feet allowed by the Zoning Ordinance, Councilman Heimbach moved to approve the request subject to__ ~~Eldon Beck's May 20th letter and the recommendation of the Planning_Commission; Councilman W~liro seconded-the-motion; Council~ian Slifer abstained; Councilmen Donovan and Ruder voted against the motion; -and the motion carried with a vote of 4-2. With regard to the wall offset variance, Councilman Heimbach moved to approve the request subject to the Beck letter and the Planning Commission recommendation; Councilman Wilto seconded the motion; Councilman Slifer abstained; Councilmen Donovan and Ruder voted against the motion; and the motion carried with a vote of 4-2. With regard to the diagonal length variance, Councilman Heimbach moved to approve the request subject to the Beck letter and the Planning Commission recommendation; Councilman Wilto seconded the motion; Councilman Slifer abstained; Councilmen Donovan and Ruder voted against the motion; and the motion carried with a vote of 4-2. Councilman Staufer then moved to reconsider the vote on the wall length variance; Councilman Ruder seconded the motion; Councilman Slifer abstained;..-. all others voted in favor; and the motion carried. Councilman Heimbach then, --. -.. moved again to approve the wall length variance per the Beck and Planning Commission recommendations; Councilman Wilto seconded the motion; Councilman Slifer abstained; the remaining councilmembers voted 3-3; and the motion failed. Regarding the Colorado Mountain College request fora conditional use permit to erect a tent for SummerVail workshop activities, Ms. Toughill explained that the tent had been approved in previous years to house the College workshop activity and that the Planning Commission had recommended approval this year. She added that the tent was 40 x 60 feet and would be in use from June 13 to August 19, 1977. Councilman Donovan moved to approve the request; Councilman Ruder seconded the motion; all voted in favor; and the motion carried. Regarding Holy Cross Electric's request for a conditional use permit to install a gas pump and tank on their premises, Ms. Toughill explained that the permit was requested in order to service Holy Cross maintenance and installation vehicles. Councilman Ruder moved to approve the request; Councilman Slifer seconded the motion; all voted in favor; and the motion carried. At this point Councilman Staufer excused himself from the meeting and took a seat in the audience. 4dith regard to the Vail Village Inn's request for Council approval of its Phase II design and for approval of its Environmental Impact Report, architect Bill Ruoff explained that as a condition of the VVI's Special Development District, each phase must be brought to the Council I' Minutes/Regular Meeting 7 June 1977 Page Three and to the Planning Commission for approval. He stated that Phase II was to replace the Outback and that the Planning Commission had recommended approval. Councilman Donovan moved to approve the Vail Village Inn Phase II; Councilman Ruder seconded the motion; all voted in favor; and the motion carried. Councilman Slifer then moved to approve the Environmental Impact Report; Councilman Donovan seconded the motion; all voted in favor; and the motion carried. Councilman Staufer abstained from voting on both motions, then resumed his seat after the motions had carried. With regard to the Town Manager's appeal of the Design Review Board's decision regarding Timberline Properties' sign application, Bill Ruoff as Chairman of the DRB explained that the DRB had finally approved the proposed sign, stating Sign Ordinance ambiguities as the reason. He added that the Design Review Board unanimously recommended amending the ordinance to be more clear in future cases. With regard to the Timberline Properties sign in particular, Councilman Slifer stated that it appeared there were addi- tional tenants on the same floor as Timberline, thereby changing the size requirements for the sign. Ms. Toughill stated that if there are other tenants involved, and if the Council approves the sign, then the sign would be non-conforming. Councilman Ruder moved to reverse the Design Review . Board's decision and deny the sign; Councilman Wilto seconded the motion; Mayor Dobson abstained; all others voted in favor; and the motion carried. The Timberline Properties sign stood denied, and the staff was instructed to get a memo to the Design Review Board regarding proposed amendments to the Sign Ordinance. TOWN MANAGER REPORTS Mayor Dobson announced that a special meeting of the Town Council would be held on June 13, 1977, as a public hearing regarding the proposed Avon STOLport with presentations to be made by Rocky Mountain Airlines. He also announced that the Council had renewed the Town Attorney's contract for another year. CITIZEN PARTICIPRTION Brian Pendleton of the Spa requested that the Council reconsider its vote on the Spa's request for a wall length variance and that said reconsideration be tabled until the next regular meeting of the Council.so that the architect could rethink the design. Councilman Staufer moved to reconsider the variance request; Councilman Donovan seconded the motion; Councilman Slifer abstained; all others voted in favor; and the motion carried. Councilman Donovan then moved to table the reconsideration until the next regular meeting; Councilman Staufer seconded the motion; Councilman Slifer abstained; all others voted in favor; and the motion carried. Mr. Lou Parker commended Mr. Staufer and architect Ruoff for a job well done in keeping the redevelopment of the Vail Village Inn within the character of the community. With no further business, Councilman Donovan moved to adjourn at 10;30 P.M. ATTEST: - ~ ~~Q Town Clerk ~~'~ - w f A MINUTES SPECIAL MEETING . VAIL TO[~N COUNCIL 13 JUNE 1977 A special meeting of the Town Council of the Town of Vail, Colorado, was duly called and convened at 7:30 P.M. on Monday, June 13, 1977, in the Vail Municipal Building Council Chambers. Mayor John Dobson and the following councilmembers were present: John Donovan Rod Slifer Bi11 Wilto Bob Ruder The Mayor explained that the special meeting had been called as a public hearing for input regarding the proposed Avon STOLport. He stated that the Town of Vail, Benchmark at Beaver Creek, Eagle-Vail, Eagle County School District RE50J, the Vail Resort Association, and Vail Associates had jointly sent a letter to the Federal Aviation Administration on May 25, 1977, requesting answers to several areas of concern to the signors - regarding operating approval, instrument procedures, safety, air space, airport use, and the environmental impact statement. He added that a reply had been received from the FAA addressing those concerns. He then introduced Mr. Gordon Autry of Rocky Mountain Airlines to make a presentation to the public regarding RMA's objectives. Mr. Autry explained that since air service to Eagle had begun in 1966 c~x~u~~uter airlines had been growing and that RMA expected to be carrying 100,000 passengers a year between Denver and Aspen and 50,000 a year between Denver and Steamboat Springs. He stated that RPdA will continue to use the DH6 Twin Otter aircraft for awhile after it begins service to the Avon STOLport, but will change to the deHavilland Dash-7 in 1978 or 1979. He added that the Dash-7 aircraft will carry 50 passengers and will replace the equivalent of 350,000 automobile trips between Denver and Vail per year. He felt the environmental impact report, when finished, would be positive, and he asked for public support. Mr, Autry then showed a promotional slide presentation for the Dash-7. He stated that as far as pollution is concerned, the Dash-7 would be 52 times cleaner per passenger than the automobile. He extolled the Dash-7 as the "quietest aircraft in the world today". He finished his presentation with a short film and stated that the Avon airport had 4300 feet of runway length with 800 feet of overrun, an increased safety factor. The Mayor then asked for other prepared statements from the floor. There were none, so Mr. Autry invited questions regarding his presentation. In response to a question from Councilman Wilto, Mr. Autry stated that the Dash-7 would be placed in use first at Aspen and second at Avon and would eventually be used as .the only aircraft at Avon. Tn response to a question from Lou Parker, Mr. Autry stated that RMA envisioned 12 flights per day between Denver and Avon, amounting to about 180,000 passengers per year. Mr. Oran Palmateer asked whether RMA anticipated any night flights to Avon, and Mr. Au try's reply was yes, with the new precision guidance system to be incorporated at Avon, but that night flights would probably stop at 10:00 P.M, He added that the instrument landing procedure had been approved by the FAA but had not been ^~ flight check as yet. Councilman Donovan asked for c~~~u~.ent regarding the economic impacts on Eagle if the STOLport is located at Avon. Mr. Autry stated that a similar situation existed at Steamboat Springs, when RMA began sending flights into Steamboat Springs, bypassing the airport at nearby Hayden. He added that Minutes/Special meeting 13 June 1977 Page Two • • both airports were now prospering. He then stated that in the ten years Rocky Mountain Airways has been serving Eagle it has consistently lost money, since most passengers Pram Denver are headed to Vail, and it is not economically practical to overfly the destination. He stated that as Adam's Rib and other Eagle County proposed ski areas are built, flights to Eagle will still be required, and that RMA does not plan to stop flights into Eagle. Tn fact, he stated, RMA plans to continue the same number of flights into Eagle since they cannot withdraw service legally without hearings. Councilman Donovan then asked for c~~~u~~ent regarding noise, safety and pollution levels to be expected. Mr. Autry responded that there would be no compromises on safety regulations and that representatives of the FAA would attend the June 15 hearing before the Eagle County Planning Cu~~u«ission specifically to address safety. P?ir. Merrill Hastings of the Eagle County Airport Authority asked if air sights had been obtained as yet. Mr. Autry explained that the landowner has noise and safety rights and is working with Benchmark to protect that development's rights, and will obtain air rights. He added that no aircraft except Rocky ri7auntain Airways and Nottingham private aircraft would use the STOLport. Mr. Hastings asked if RMA envisioned any competition. Mr. Autry stated that RMA was investing too much money into Avon to encourage competition, and that RMA has monopoly rights as a public utility, regulated under Colorado monopoly law. Tn response to a question from Councilman Slifer, Mr. Autry stated that all take-offs and landings must be to the West, that the instrumentation was not set up to allow approaches and take--offs to the East, He added that fare between Denver and Avon would be less than between Denver and Eagle since it involved a shorter distance and that transportation between Avon and Vail would be by limousine. Mr. Bob Parker of Vail Associates, then expressed VA's support of the proposed STOLport as an economic boost to the Vail business community. He stated that Rocky Mountain Airways was making an attempt to serve Vail better, eliminating a number of automobiles in the area at the same time, He urged the Town Council to support the STOLport publicly at the Eagle County Planning Commission hearing on June 15. Tn response to a question from the floor, Mr. Autry stated that freight service would be scheduled for the future at rates comparable or lower than surface transportation. Tn response to another question.;regarding the possible loss of $90,000 in federal funds to Eagle as a commuter destination, Mr. Autry stated that Eagle wi11 continue to be qualified far those funds and that a possible loss of funding was misinformation. Iie added Rocky Mountain Airways willingness to help secure those funds . There were no further comments from the floor or from Mr. Autry or from the Council. Councilman Donovan then proposed that the Council discuss the proposal at its work session on June l~ and then relay its opinion to the Eagle County Planning Commission at the June 15 hearing. Mr. Autry thanked the Council and the public, and Mayor Dobson invited any further comments to the June 14 work session, With no further business, the special hearing was adjourned at 9:30 P.M. 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F T w A t{ .-. a~~s1 rp ~ ~'' > > ~. ~ w CJ N~ ~ G 1,~ ~ O ~ N ~1 O a~ O ~ ~ 0 0 ~ K . ~ o+ w m C v w 7l I r ti ~ 3 ~ ~ <+ v T~ ~.O ..S ~ ~ ro . ~° N'S a ~ ~ O~N ' K K' f+ VF ~~~ G .J. f. N ~. ~ fY } ~ F Cf n 1 d ~ {9 N iY ~' O h O y1 } ~ yQ G O ~ . 1 ; N a p~~ tli N ~~ N , ¢ ~~.t !~ MINUTES REGULAR MEETING VAiL TOWN COUNCIL 19 JULY 1977 The regular meeting of the Town Council of the Town of Vail, Colorado, was convened at 7:30 P.M. on Tuesday, July 19, 1977, in the Vail Municipal Building Council Chambers. Mayor John Dobson and the following councilmembers were present: Josef Staufer John Donovan Rod Slifer Bill Heimbach Bob Ruder Bill Wi1to Others present were: . Terrell J. Minger, Town Manager Lawrence C. Rider, Town Attorney ORDINANCE N0. 14, Series of 1977, amending the Vail Municipal Code_to -- - - - - - --enlarge the D_esign_Review Board, was introduced on second rea ino~. Mr. -- __.-_Ri-der stated ghat an amendment authorizing the Town Manager to hire corisuTtants for any given project had been incorporated at the Council's request. Councilman Slifer moved to approve the ordinance on second reading; Councilman Heimbach seconded the motion; all voted in favor; and the motion carried. The Town Clerk was instructed to have the ordinance published in full. ORDINANCE NO. 15, Series of 1977, rezoning the Katsos Property and three parking lots in Lionshead, was introduced on first reading, Diana Toughill explained that the Katsos would be rezoned from Low Density Multiple Family to Open Space zone and that the parking lots would be rezoned from High Density Multiple Family and Commercial Core II to Parking zone. Councilman Donavan moved to approve the ordinance on first reading; Councilman Staufer seconded the motion; all voted in favor; and the motion carried. The Town Clerk was instructed to have the ordinance published in full. PUBLIC HEARING ON RESOLUTION NO. 13, Series of 1977, regarding the proposed West Vail annexation, was opened by Mayor Dobson. Mr. Rider stated that the purpose of the hearing was to determine whether or not the area proposed to be annexed is eligible for annexation - that is, that the perimeter of the Town and the perimeter of the area are at least 1/6 contiguous, that a community of interest exists between the two areas,-and that the area to be annexed is urban or capable of being urbanized; whether there are any limitations on the proposed annexation - that is, that no land held in single ownership is divided without the written consent of the owner, that no land of 20 acres or more with an assessed valuation of $200,000 or more is included without the written consent of the owner, that there are no pending annexation proceedings to another municipality, and that no property will be detached from one school district and given to another without the written consent of the first board; and whether there are any terms or conditions to be imposed on the area by the Town Council. Mr. Rider added that a Petition for Annexation Election had been presented to the Town Council on June 7, 1977, and had been found to be in substantial compliance with the State Statutes, and that the Council had duly adapted Resolution No. 10, Series of 1977, stating said findings and setting tonight as a public hearing on the proposed annexation. The floor was then opened for testimony. Mr. Stewart Srown, attorney for the West Vail Association, challenged the validity of several signatures on the Petition. Mr. Rider recommended that the Council disallow the challenge as insufficient since it had accepted a sufficient number of signatures at its June 7 meeting. The Council agreed to proceed. Kent Rose testified that the l/6 contiguity existed and that the annexation map was in compliance with the Statutory requirements. Jim Lamont read a memo from his department stating that Minutes/Regular Meeting 19 July 1977 Page Twa • research has shown a community:of interest to exist between the two areas and that the West Vail area is urbanized and that West Vail residents work in the Town of Vaii and use TOV recreational facilities. No conditions were recommended to be imposed by the Council. Mr. Lamont also stated that no school district would be involved in the annexation, no 20 acre, $200,000 parcels were involved. Mr. Rider stated that notice of the public hearing had been duly published and offered the proof of publication as evidence. Mr. Vern Tator read a statement drafted by the West Vail Association in opposition to the annexation. Mr. Frank Caroselli of the West Vaii Association asked that a member of the Association opposed to the annexation be appointed as an election commissioner for the ,election. Mr. Brawn offered to submit a list of names to the Town Attorney, and the Council agreed. There ensued much controversy over the disputed signatures. Councilman Heimbach asked whether there would still be time for West Vail residents to be annexed and run for Town Council vacancies in November if action on Resolution No. l3 were postponed until the August 2 regular meeting. Mr. Rider stated that there would still be time to file petitions for the Council election if approval of Resolution 13 were postponed that long. Councilman Staufer was opposed to delaying approval of Resolution 13. He stated that the signatures could be double checked later and that if an insufficient number • of names were found, the proceedings could be stopped at that point. Mr. Rider asked if there were any challenges to the testimony presented in regard to the purposes of tonight's public hearing. There were none. Councilman Donovan moved to approve Resolution No. 13; Councilman Staufer seconded the motion; Councilman Heimbach voted against the motion; all others voted in favor; and the motion carried. The staff was instructed to report to the Council at the August 2, 1977 regular meeting regarding the validity of ail signatures on the Petition. Several members of the audience asked to make testimony regarding the desirability of the proposed annexation, but Mayor Dobson asked them to stay until the end of the meeting and make their remarks during the Citizen Participation segment of the meeting - that testimony for the record of the public hearing on Resolution l3 must be restricted to the eligibility of the area for annexation, any limitations on the annexation and any conditions to be imposed by the Council, With regard to the Antlers' request for a gross residential floor area variance, Diana Toughill stated that the applicant had asked for a postponement until the August 2 regular meeting. Councilman Donovan moved to postpone a decision on the variance request until August 2; Councilman Staufer seconded the motion; all voted in favor; and the motion carried. . With regard to the purchase of a site for the Town of Vail public works maintenance facility, Mr. Minger stated that the staff had recommended purchase of a site north of Ford Park and across I-70, commonly referred to as the Pulls Site. The site was recommended after lengthy study of several available locations. Councilman Donovan moved to have the staff negotiate to purchase the Pulls Site; Councilman Staufer seconded the motion; all voted in favor; and the motion carried. CITIZEN PARTICIPATION Mr. Rob Buterbaugh asked the Town Council to consider a ban on smoking in public places as the State has. The Council took the suggestion under advisement. Ms. Paula Palmateer asked what the Town was planning to do regarding the LionsHead malls. Mr. Minger replied that Vail Associates had not lived up to its agreement to supply a public works maintenance site in return for the Town's taking over the malls and .so the matter was still in limbo. ~ r Minutes/Regular Meeting l9 July 1977 Page Three • Ms. Alice parsons of the West Vail area asked if the Town planned a clean-up of the industrial area at the west end of the Town incorporate limits. Ms. Toughill stated that agreements had been elicited from the occupants of those areas to clean up the area and that a difference should be apparent, soon. With no further business, Councilman Donovan moved to adjourn at 10:00 P.M. ATTEST: Town Clerk • MINUTES REGULAR MEETING VAIL TOWN COUNCIL 21 JUNE 1977 The regular meeting of the Town Council of the Town of Vail, Colorado, was convened at 7:30 P.M. on Tuesday, June 21, 1977, in the Vail Municipal Building Council Chambers. Mayor John Dobson and the following councilmembers were present: Josef Staufer John Donovan Bill Heimbach Bill Wilto Bob Ruder Others present were: • • Terrell J. Minger, Town Manager Lawrence C. Rider, Town Attorney ORDINANCE N0. 13, Series of 1977, making a supplemental appropriation from the General Fund, was introduced on first reading. Mr. Minger explained that the appropriation was to make a contribution of $2,000 to the Colorado Rivers Council. Councilman Donovan moved to approve the ordinance on first reading; Councilman Staufer seconded the motion; all present voted in favor; and the motion carried. The Tawn Clerk was instructed to have the ordinance published in full. RE5OLUTION NO. 11, Series of 1977, regarding a lease agreement between the Town of Vail and Ski Club Vail was introduced by Mr. Rider. He explained that the lease was for the Town's use of the proposed Ski Club building during the summer months. The Council asked that paragraph 10 of the resolution be replaced by a paragraph to include an extension option at a rental to be negotiated. Councilman Donovan moved to approve the resolution subject to the change in paragraph 10; Councilman Wilto seconded the motion; all present voted in favor; and the motion carried. With regard to the Manor Vail`s request for a street vacation in order to pave and landscape its parking area, Mr. Rider stated that he had met with Mr. Dick Elias of the Manor Vail since work session to work out some of the Council's questions, and introduced RESOLUTION NO. 12, Series of 1977. He stated that Mr. Elias had a deadline of June 26 for his financial closing on the planned improvements. The Council's major concern was over a 50 foot sewer easement to be granted back to the Town by Manor Vail. Mr. Kent Rose, Director of Public Works, stated that cost estimates were not yet in for the proposed sewer line to Ford Park, and the Council was reluctant to commit to having the line finished before the Manor Vail landscaping went in or to spend taxpayers' dollars to replace the landscaping if the line could not be installed until after the landscaping. After much discussion, Mr. Elias stated that he would commit to covering up to $20,000 of the cost of replacing any landscaping which might have to be torn out by installation of the sewer line. Councilman Donavan then moved to approve Resolution No. i2 subject to the addition of a paragraph incorporating Mr. Elias' offer; Councilman Staufer seconded the motion; all present voted in favor; and the motion carried. The Town Attorney was directed to amend the resolution by the addition of said paragraph. With regard to a request from Y.O. Gurts for approval of a pushcart operation, the Mayor explained that the pushcart operation would be from specific locations, not on the public streets. Mr. Rider stated that the applicant would have to obtain the appropriate business license and comply with State and local health standards: He added that the Planning Commission had unanimously recommended approval. Councilman Heimbach moved to approve the request subject to said compliance by the applicant; Councilman Donovan seconded the motion; all present voted in favor; and the motion carried. ~ R ~ ~a1 Minutes/Regular meeting 21 June 1977 Page Two With regard to Studio in the Rockies' request for approval of a joint use parking agreement, Mr. Jim Jacobson explained that the agreement would be to use Lionshead parking at night when the demand for parking there was not so great. He stated that he proposed a small concert studio with recording and video tape facilities. He added that he had received the support of the Vail Tnstitute for year-round concert programs. Councilman Heimbach asked to include a provision for a parking attendant, but the Mayor felt that it would be better to have the Police Department patrol the lot, leaving the question of an attendant to the discretion of the Chief of Police. Councilman Donovan moved to approve the request subject to the Mayor's suggestion and with the understanding that the agreement would be subject to a parking district if one is adopted in the future; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. With regard to the Puiis request for a resubdivision of a portion of Sunburst, Mr. Warren Pulls requested that the Council table said request for two weeks, pending further study of the project. Councilman Donovan moved to table the request until the July 5 regular meeting; Councilman Staufer seconded the motion; all present voted in favor; and the motion carried. Regarding Bob Voliter's request far a setback variance in order to construct a garage at his residence, Ms. Diana Taughill explained that the request was for l.ot Z, Block 2, Gore Creek Subdivision and that the Planning Commission had recommended approval. Councilman Ruder moved to approve the request; Councilman Wilto seconded the motion; all present voted in favor; and the motion carried. CITIZEN PARTICIPATION • Ms. Paula Palmateer asked if the newly adopted Vail Municipal Code was yet available for purchase. Mr. Rider stated that it was at a price of $50.00 per cagy. With no further business, the meeting was adjourned at 8:50 P.M. ATTEST: ~ ~~ Town Clerk ~ s ~.~ -_ MI~lUTES REGULAR MEETING VAIL TOWN COUNCIL 5 JULY 1977 The regular meeting of the was convened at 7:3D P.M. Building Council Chambers. Town Council of the Town of Vail, Colorado, on Tuesday, July 5, 1977, in the Vail Municipal Mayor Pro Tem Josef Staufer and the following councilmembers were present: John Donovan Bill Heimbach Bi11 Wilto Bob Ruder Others present were: Terrell J. Minger, Town Manager Lawrence C. Rider, Town Attorney ORDINANCE NO. 13, Series of 7977, making a supplemental appropriation from the General Fund, was introduced on second reading. The Mayor explained that the appropriation was $2,000 as a donation to the Colorado Rivers Council. Councilman Donovan moved to approve the ordinance on second 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 by title only. ORDINANCE N0. 14, Series of 1977, amending the Vail Municipal Cade to enlarge the Design R~:eview Soard, was introduced on first reading. Mr. Jim Lamont, Director of Community Development, explained that DRB agenda have become increasing heavy with sign review and that the ordinance will create a separate sign committee. Councilman Heimbach suggested the ordinance be amended to make authorization to hire outside consultants more explicitly the Town Manager's. Councilman Donovan moved to approve the ordinance with the amendment suggested by Mr. Heimbach; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was instructed to have the ordinance published in full with the amendment incorporated. Avalanche expert Ron Halley made a special presentation regarding the Gore Valley Water District storage. He stated that the storage tank is located within an avalanche path but that it constituted na danger as long as it remained partially filled with water. Councilman Ruder, speaking as a member of the Gore Valley District board, stated that the report was made public to reassure residents of the district. Regarding the Dick Elias residence request for a gross residential floor area variance in order to build an addition, Mr. Lamont stated that the Planning Commission had recommended denial of the request and that Mr. Elias was not contesting the recommendation. He added that the Town Council also needed to vote on the matter as a formality. Councilman Wi1to moved to deny the request; Gouncilman Donavan seconded the motion; all present voted in favor; and the motion carried. With regard to the Deane Knox/Leo Payne request for a vaction of the property line between Lots A8 and A9, Lions Ridge Subdivision, Filing No, 1, architect Hal Engstrom explained the development proposal utilizing both lots as one, and showed the Council a site plan. He stated that the proposed density would remain the same and that the Planning Commission had recommended approval. Mr, Ruder asked what would happen regarding the lawsuit which had been filed by Knox/Payee against the Town regarding zoning. Mr. Rider stated that if the Council accepted the vacation proposal, Knox/Payee would automatically drop the suit. Councilman Ruder then moved to approve the vacation; Councilman Donovan seconded the motion; all present voted in favor; and the motion carried. Minutes/Regular meeting 5 July 1977 page Two With regard to the Cornice's request for a rezoning from High Density Multiple Family to Commercial Core 1, Mr. Mike Palmer stated that with the advent of the Vail Athletic Club the Cornice should be rezoned to allow some shop space. Planning Commissioner Gerry White stated that the Planning Commission had unanimously recommended denial of the request on the basis that such a rezoning constituted "spot zoning" since most of the area was zoned Public Accommodations, and that traffic could become a problem. He felt the request was based on financial reasons, prohibited by the Zoning Ordinance as sufficient reason. Councilman Heimbach moved to deny the request; Councilman Donovan seconded the motion; all present voted in favor; and the motion carried. With regard to a request by First of Denver Mortgage Investors to rezone and resubdivide Sunburst, Mr. Lamont stated that the Council had requested addi- tional information during the work session earlier in the day. He explained that this matter would not be ready for consideration until the next regular meeting of the Council. Regarding the Pu1is request for preliminary approval of the resubdivision of a portion of Sunburst as Vail Valley Third Filing, Mr. Jay Pulls explained that his company planned to eliminate lots 16 and 17 as requested by the Council earlier and to work on a possible land trade with the Town. He stated that he plans to deed a section of the area to the Town as greenspace and that another area would belong to the homeowners as greenspace. He added that all the lots were proposed to be used for duplexes, that the pond would be cleaned up, parking and landscaping provided, but that the bike path would have to be relocated. Councilman Donovan moved to grant preliminary approval to the concept; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. Regarding the Vail Valley Medical Center's requests for variances, Mr. Chuck Tubbs of the Medical Center stated that the regional health councils and the Vail planning Commission had recommended approval. The Council asked for an -_ agreement that parking would be made~avai~ab~e in the future if the bui ing should ever be acquired by private enterprise. Mr. Tubbs agreed. Councilman Donavan moved to approve the request for building bulk variance; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried. Councilman Donavan moved to approve the request fora conditional use permit; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried. Councilman Ruder moved to approve the request for a covered parking variance subject to an agreement regarding future parking; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. Councilman Donovan moved to approve the request to vacate the property line between Lots E and F, Vail Village Second Filing; Councilman Ruder seconded • the motion; all present voted in favor; and the motion carried. All variances were approved, and the Medical Center expressed its intent to proceed with the hospital expansion. CITIZEN PARTICIPATION Mr. Jay Pulls requested the Council to hold FDMI to its landscaping plan far the golf course parking area near Sunburst and asked the Council far a letter of intent that the Town would exchange some property for Lots 16 and 17 which he had dropped from his proposed resubdivision plat. The Council was agreeable'` to such a letter of intent and directed the staff to investigate land available fora possible trade. With no further business, Councilman Donovan moved to adjourn at 9:45 P.M. ATTEST: Town C er k ~~~ ~~ ,. ; ~ ,~ MINUTES REGULAR MEETING VAIL TOWN COUNCIL 2 AUGUST 1977 The regular meeting of the Town Council of the Town of Vail, Colorado, was convened at 7:30 P.M. on Tuesday, August 2, 1977, in the Vail Municipal Building Council Chambers. Mayor John Dobson and the following councilmembers were present: Josef Staufer John Donovan Rod Slifer Bi17 Heimbach Bill Wilto Others present included: Terrell J. Minger, Town Manager Lawrence C. Rider, Town Attorney ORDINANCE N0. 15, Series of 1977, rezoning the Katsos property and three parking Tots in Lionshead, was introduced an second reading. The Mayor briefly explained that this ordinance would rezone the Katsas to Greenbelt and Natural Open Space zone and the three parking lots to the Parking zone. Councilman Donovan moved to approve the ordinance on second reading; Councilman Staufer 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. ORDINANCE NO. 16, Series of 1977, vacating the plat and streets and ways of Sunburst and approving the resubdivision of portions thereof, was introduced on first reading. Since there were several questions regarding easements unresolved at work session, Councilman Donovan moved to table the ordinance until the next regular meeting; Councilman Wi1to seconded the motion; all present voted in favor; and the motion carried. Councilman Slifer then moved to vacate the Sunburst plat and the streets, roads, public ways, and easements; Councilman Donovan seconded the motion; all present voted in favor; and the motion carried. Councilman Heimbach then moved to approve the resubdivision of Sunburst Filing No. Z; Councilman Slifer seconded the motion; all present voted in favor; and the motion carried, The Council`s . actions left only Vail Valley Third Filing to be approved at a later date. ORDINANCE NO. l7, Series of 1977, rezoning Sunburst Filing No. 2 and Vail Valley Third Filing from Special Development District No. 1 to Two Family Residential, Greenbelt and Open Space, Public Use, and Special Development District No. 8, was introduced on first reading. Ms. Diana Toughill explained that an easement needed to be resolved regarding Vail Valley Third Filing. Councilman Heimbach moved to approve the ordinance in regard to Sunburst Filing No. 2 only, involving rezoning to Greenbelt, Public Use and SDDB; Councilman Wilto seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was instructed to have the ordinance published in full with the deletion of all reference to Vail Valley Third Filing. The Council will consider an ordinance rezoning Vail Valley Third Filing at the August 16 regular meeting. RESOLUTION NO. 14, calling a special bond election regarding issuance of the Town's General Obligation Bonds in an amount not to exceed $2,350,000, was introduced by Mr. Minger. He stated that the resolution called an election for Tuesday, October 4, 1977, regarding three questions: $1,800,000 to cover the ice rink on Site 24; $350,000 to acquire land. for a public works maintenance facility; and $200,000 to acquire the King Arthur's Court property for water _~ storage purposes. Mr. Rider then read the title into the record: "A resolution calling a special municipal election for the purpose of submitting to the registered qualified electors of the Town of Vail, Colarado, three questions a ` ~-~ Minutes/Regular meeting 2 August 1977 Page Two of issuing general obligation bonds of said town in an aggregate principal amount not exceeding $2,350,000 for the purposes of acquiring, constructing, installing, and equipping an enclosed ice skating arena and multi-purpose facility, acquiring real property to be used as a site for a proposed public works maintenance facility, and acquiring real property to be used as open space and/or recreation and park land, said election to be held October 4, 1977; designating judges and clerks for said election; providing publication of notice of said election; prescribing the form of ballot for said election; and otherwise providing for the conduct thereof". Councilman Heimbach announced a special meeting of the Town Council to be held an August 30, 1977 at 7:30 P.M. for the purpose of discussing the special bond election. Councilman Staufer moved to approve the resolution; Councilman Donovan seconded the motion; all present voted in favor; and the motion carried, The Town Clerk was instructed to have the resolution published in foil. Regarding the selection of a contractor for the Site 24 ice arena, Mr. Minger stated that he and the architect had interviewed four prospective contractors with the following criteria in mind: 1} contractor's fee; 2} time frame for getting the project done; 3) willingness to guarantee a maximum fee; and 4} past performance. He announced that they had unanimo~sl~f selected Co-hen Construction from a group including Hyder, Shaw, Centric and Cohen construction companies, He recommended that the Town Council contract with Cohen to build the arena. Councilman Wilto moved to approve the selection of Cohen; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. The Town Attorney was directed to prepare the necessary contracts. Regarding the Antlers' request for a gross residential floor area variance to accommodate additions already made to an existing unit, Diana Toughill showed the Council the applicant's plans and stated that the addition had been constructed without design review and without a building .permit. The applicants themselves were not present nor represented by counsel. The Mayor suggested holding the item until the applicants arrived ar at least until the end of the meeting. With regard to the Cornice's request for rezoning from High Density Multiple Family to Commercial Core 1, Ms. Toughill explained that the vote on this request at the last regular meeting should have been a preliminary vote, that the request had to be republished prior to a formal vote. She added that the planning Commission had unanimously recommended denial of the request. Councilman Ronovan moved to deny the request again; Councilman Slifer seconded the motion; ail present voted in favor; and the motion carried . . TOWN MANAGER REPORTS Mr. Minger announced that the Town of Vail had received a federal public works grant in the amount of $20,000, based on unemployment data for the Gounty. He stated that the Town now needs to submit a formal application by August 14, 1977, begin construction within 90 days; and that the project must be a public works project. He then suggested that since the Town had not applied for the funds and since Minturn had applied and had been turned down due to insufficient unemployment data, the Town Council give half of the grant to the Town of Minturn to begin construction of a new, badly needed water project. He also suggested that the Town of Vail use its half of the grant to begin construction on the public works maintenance facility. Councilman Wilto moved to accept the report of the Town Manager and to approve h_is suggestion to give _$21.0,000 of the. grant to the Town of Minturn and to use the other $_210,000 for phase I of the proposed public works -.. _..: ii~aintenance faci:l~ty; Councilman Staufer seconded the motion; all present voted in favor; and the motion carried. The staff was directed to comply with submittal regulations for the grant. Mr. Vern Tatar asked why the Town had not chosen to give same of the grant moneys to West Vail. Mr. Minger replied that only governmental entities such as a town or a county were eligible for the funds and that Eagle County itself had received about $9a,ooa. Minutes/Regular meeting 2 August 7977 Page Three TOWN ATTORNEY REPORTS Mr. Rider stated that since the proposed rezoning of Vail Valley Third Filing had been published for tonight (as part of Ordinance No. 17), it must be formally tabled. Councilman Donovan moved to table consideration of the rezoning of Vail Valley Third Filing until the August 16 regular meeting; Councilman Slifer seconded the motion; all present voted in favor; and the motion carried. He added that there were numerous contracts still in effect regarding the Sunburst SDD1 and that the Town Council should formally void those contracts between the Town and Shamrock/Nail Ltd., the original owner of Sunburst, and direct the Town Attorney to draft new contracts between the Town and FDMI in regard to Sunburst Filing No. 2. Councilman Heimbach so moved; Councilman Wi1to seconded the motion.; all present voted in favor; and the motion carried. With regard to the disputed signatures on the West Vail Petition for Annexation Election, Mr. Rider stated that on June 7 the Town Clerk and Mr. Jim Rubin from the Department of Community Development had determined the number of persons eligible to sign the petition to be 201. The Town Council on that date determined the petition to be in substantial compliance with the Statutory requirements with 2$ of the 30 signatures being valid. At the public hearing on the petition on July 19, Mr. Stewart Brown, attorney for the West Vail Association, objected to several signatures as invalid and presented the Council with a voter list and a property owner list certified by the County. Mr. Rider on July 19 asked Mr. Rubin to update Mr. Brown's lists using Eagle County records and to bring the lists current as of June 7. Mr. Rubin did so, and Mr. Rider read an affidavit signed by Mr. Rubin stating his findings. He then read an affidavit signed by Ms. Sammye Meadows of the Town Attorney's office, verifying the number of eligible signors to be 223, using the updated lists. Mr. Rider then addressed the challenged signatures, He stated that Mrs. Susan Fritz had been challenged as not being a property owner, but that a copy of her deed was on file verifying her as a landowner. He stated that Mr. Erwin Erb had not voted in the November 1976 general election and therefore was no longer a registered voter and so could not legitimately sign the petition. He stated that Mrs. J. Engstrom had not indicated on the petition whether or not she was a resident landowner and that the Council had disallowed her signature originally. He added that she has been proven to be a resident landowner, but that the Council could still disallow her signature since it had done so to begin with. And he stated that Mrs. Patricia Dorf had not dated her signature as required and so had to be disallowed. He explained that another five signatures had been . challenged by Mr. Brown because of inaccurate legal descriptions, but he recommended that the Town Council allow those signatures since the petition had to be in "substantial" compliance, not necessarily strict compliance, and the five signatures met a17 other requirements. In summation, he stated that by disallowing three signatures, the petition still contained 27 names and only needed 23 to represent lO% of the 223 eligible signatures. He stated that Mr. Brown had asked him to announce that the West Vail Association would make no presentation tonight but would challenge the annexation in a lawsuit should it succeed in the election. Mr. Rider then recommended that the Council proceed with the annexation procedure by petitioning the District Court to appoint three election commissioners to call the election, hopefully for September 13, 7977. He added that an election on that date should still enable citizens of the West Vail area to run for Council vacancies in November. In response to a question regarding the status of the Checkpoint Charlie litigation, he stated that the Plaintiff, John Amato, had agreed not to proceed with the case if the Town initiates the Ma17 Rct by September 30, and that the Council had so agreed. At this point, the Mayor returned to the Antlers' request for a GRFA variance for one unit. The applicants still had not arrived, so Ms. Toughill stated that the Council could vote tonight or table the request until the next regular meeting. She added that the Planning Commission had recommended denial. Councilman Donovan moved to deny the request; Councilman Staufer • Minutes/Regular meeting 2 August 197'7 Page Four seconded the motion; all present voted in favor; and the motion carried. CITIZEN PARTICIPATI01~ Councilman Slifer publicly thanked Streets Superintendent Pete Burnett, Bus Supervisor Skip Gordon, and Chief of Police Gary Wall and their employees far a job well done in coordinating traffic, buses, etc. during the Jerry Ford Invitational Golf Tournament. Mayor Dobson, in turn, thanked Mr. Slifer, Mr. Donovan, John Purcell and Bob Barrett for organizing the tournament to begin with. With no further business, the meeting was adjourned at 8:50 P.M. ATTEST: Town Clerk slr,~.. ~~ R ~. t ;~ MINUTES • REGULAR MEETING VAIL TOWN COUNCIL 16 AUGUST 1977 The regular meeting; of the Town Council of the Town of Vail, Colorado, was convened at 7:30 P.A'I. on Tuesday, August 16, 1977, in the Vail Municipal Building Council Chambers. Mayor John Dobson and the following councilmembers were present Josef Staufer Jahn Donovan Rod Slifer Bill Heimbach Others present were: Terrell J. Minger, Town Manager ORDINANCE NO. 17, Series of 1977, rezoning Sunburst Filing No. 2, was introduced on second reading. Ms. Diana Toughill stated that the ordinance rezoned a portion of Sunburst at Vail from Special Development District 1 to Low Density Multiple Family restricted to a Residential Cluster density, Greenbelt and Natural Open Space District and Public Use District. Council- man Donovan moved to approve the ordinance an 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. ORDINANCE N0. 18, Series of 1977, rezoning Vail Valley Third Filing, was introduced on first reading. Pis. Toughill explained that this ordinance rezoned another portion of Sunburst at Vail from SDDI to Two Family Residential, Greenbelt and Natural Open Space District, Public Use District, and Special Development District 8. She noted that paragraph (2)(A) Two Family Residen- tial District - should read "Lots 1 through 21..." rather than "Lots I through 17..." She also requested that the motion for approval include the covenants as part of the approval of the plat. Councilman Slifer so moved; Councilman Heimbach seconded the motion; Councilman Donovan voted against; all others present voted in favor; and the motion carried with a vote of 4-1. The Town Clerk was instructed to have the ordinance published in full. ORDINANCE NO. 19, Series of 1977, vacating the plat and streets and ways of Sunburst and approving the resubdivision of portions thereof, was introduced on first reading. Ms. Toughill stated that this ordinance formally vacated the original Sunburst at Vail subdivision and resubdivided portions of it at Sunburst Filing No. 2 and as Vail Valley Third Filing. Councilman Staufer moved to approve the ordinance on first reading; Councilman Slifer 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. 15, Series of 1977, redeeming $85,000.00 of Bighorn Street Improvement District Bonds, was introduced by Mr. Bi11 Pyka. He stated that by this resolution the Town would redeem a portion of the $540,000.00 in Bighorn Street Improvement District bonds at par plus accrued interest. Councilman Donovan moved to approve the resolution; Councilman Staufer seconded the ~' motion; all present voted in favor; and the motion carried. Minutes/Regular Meeting 1& August 1977 Page 2 TOWN MANAGER REPORTS Mr. Minger announced that Town Clerk Rosalie Jeffrey had resigned in order to move to Arica. He appointed Sammye Meadows Acting Town Clerk until the position could be filled on a permanent basis. The Mayor and Council expressed their thanks to Ms:. Jeffrey and wished her luck. CITIZEN PARTICIPATION Mr. Bob Parker asked what the rnet density of Sunburst would now be after the resubdividing and rezoning approved tonight. Ms. Toughill stated that the density had been reduced from the original 585 units to a combined total of 195. With no further business, Councilman Donovan moved to adjourn at 7:50 P.M., smilingly. ay ATTEST: /~ Acting Town Clerk ! ~ t. ~ . •,~ MINUTES REGULAR MEETING VAIL TOWN COUNCIL 6 SEPTEMBER 1977 The regular meeting of the Town Council of the Tawn of Vail, Colorado, was convened at 7:30 P.M. on Tuesday, September 6, 1977, in the Vail Municipal Building Council Chambers. Mayor John Dobson and the following councilmembers were present: Josef Staufer John Donavan Bill Heimbach Rod Slifer Bill Wilto Bob Ruder Others present were: Stanley F. Bernstein, Assistant Tawn Manager Lawrence C. Rider, Town Attorney ORDINANCE NO. 1$, Series of 1977, rezoning Vail Valley Third Filing, was introduced on second reading. The Mayor explained that this ordinance rezoned a portion of the old Sunburst property. He stated that copies of the ordinance were available. Councilman Donovan moved to approve the ordinance on second reading; Councilman Staufer 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. ORDINANCE NO. 19, Series of 1977, vacating the plat and streets and ways of Sunburst and approving the resubdivison of portions thereof, was introduced on second reading. The Mayor explained that this ordinance resubdivided Sunburst into Vail Valley Third Filing and Sunburst Filing No. 2. Councilman Slifer moved to approve the ordinance on second reading; Councilman Wilta 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. 20, Series of 1977, amending Ordinance No. 3, Series of 1977, which established SDD7 for The Mark, was introduced on first reading. The Zoning Administrator Diana Toughill and Bill Ruoff, architect for the Mark, explained that the ordinance would incorporate new design plans for the Mark expansion. Councilman Donovan noted for the record that SDD7 would be subject to any future modifications in the Zoning Ordinance. Councilman Heimbach then moved to approve the ordinance an first reading; Councilman Donovan seconded the motion; all present voted in favor; and the motion carried. The Tawn Clerk was instructed to have the ordinance published in full. ORDINANCE NO. 21, Series of 1977, relating to Title 9 of the Vail Municipal Code (Public Peace, Morals and Welfare), was introduced on first reading. The Town Attorney explained that the ordinance strengthened Title 9 by making it more enforceable and more constitutionally valid. Councilman Donovan moved to approve the ordinance on first reading; Councilman Staufer seconded the motion; all present voted in favor; and the motion carried. RESOLUTION NO. 16, Series of 1977, relating to U.S. Forest Service RARE TT inventories and recommending certain areas for Wilderness study, was introduced. Ernie Nunn of the U.S.F.S. explained the RARE TI rec~~~u«endations far additional areas which could be aaaea to existing Wilderness or studied for future Z~ilderness designation. Minutes/Regular Meeting 6 September 1977 Page 2 Councilman Donovan took exception to the County Commissioners' position that no more Wilderness was needed in Eagle County. He stated that Eagle County is recreational as well as agricul- tural and that "recreation is wilderness"; he then moved to approve the resolution; Councilman Wilto seconded the motion; all present voted in favor; and the motion carried. Stan Bernstein introduced Tony Romero, CSU student who had conducted a study of fireplace pollution within the Gore Valley. Mr. Romero gave a brief slide presentation and concluded that Vai1's air quality is deteriorating; that during winter months fireplaces are a major source of pollution;. and that the problem needs to be addressed soon. The Council directed the staff to study the situation and recommend legislative controls. With regard to the Rick Heller residence request for an encroach- ment on Town of Vail property for a parking space, Diana Toughill explained that the owner was requesting the encroachment for one parking space. Councilmen Ruder and Slifer felt that four spaces were really needed and urged that the other three be built in the future. Councilman Donovan moved to approve the encroachment subject to a program to incorporate the remaining three spaces within the next two years, program to be approved by the Town staff; Councilman Slifer seconded the motion; all present voted in favor; and the motion carried. With regard to the Lionshead Plazas request for an encroachment on Town of Vail property for a covered bus stop, Jeff Selby showed the Council his plans and a model of the proposed bus' stop. He stated that the Design Review Board had recommended approval of the design. Councilman Slifer moved to approve the request subject to an agreement that the owner remove the canopy at its expense should the Town find it necessary in order to accommodate emergency vehicles, etc. and subject to an agreement that the owner repair or replace the canopy at its expense should it be damaged by any vehicle other than a Town of Vail vehicle; Councilman Ruder seconded the mation; all present voted in favor; and the motion carried. With regard to a request from the Vail Associates shop for a conditional-use permit, rRs. Toughill explained that VA now has a temporary CUP for a small building next to the Shop area and would like to make the arrangement permanent. Councilman Donovan moved to approve the request for a period of I,2 months; Councilman Heimbach seconded the motion; all present voted in favor; and the mation carried. With regard to the Tom Leroi residence request for a setback variance far Lot 21, Vail Meadows Filing #l, Pis. Toughill explained that the request was in order to site a house on the lot to avoid the avalanche zone. She stated that the request was for a 6 foot setback rather than the 10 feet required and added that the Planning C~~~~u1sS10n had recommende approval unanimously. Council- man Wilto moved to approve the request; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. With regard to Studio in the Rockies, Mr. Rider explained that a letter had been sent from the Town Council to the financing agency for Lionshead Plaza stating that if Studio in the Rockies defaults, other uses would be considered by the Council for that space. He added that it was a letter of assurance to enable the financing to go through. Councilman Staufer moved to ratify the letter; Councilman Donovan seconded the mation; all present voted in favor; and the motion carried. ,.. Minutes/Regular Meeting 6 September 1977 Fage 3 TOWN MANAGER REPORTS Mr, Bernstein, Assistant Town Manager, announced that Colleen Kline had been appointed Town Clerk by the Town Manager, effective immediately. He also announced that July 1977 sales tax revenue was up 34~ over July, 1976. He then introduced Gardon Swanson, recently hired as Fire Chief, and announced that Allen Gerstenberger had been appointed Director of Community Development to replace Jim Lamont who had resigned. TOWN ATTORNEY REPORTS Mr. Rider announced that Courchevel v. Town of Vail, regarding the Lionsridge annexation, had been resolved through a stipulated settlement. CITIZEN PARTICIPATION Regarding the proposed West Vail annexation, Dudley Abbott stated that he felt the two communities should eventually be one but that too much haste could be detrimental. He urged the Council to give heavy consideration to accepting the annexation if the West Vail voters approve it. Paula Palmateer asked the status of the Ice Arena, and the Mayor stated that a public hearing would be held at the regular meeting of the Council an September 20, 1977. Carol Richards asked the status of the Bighorn annexation, and Mr. Rider stated that the Supreme Court had sent the case back to the District Court for a decision, but that a trial date had nat yet been set. Mrs. Richards then asked why the Council was not considering purchasing the portion of King Arthur's Court on which the foundations are located, Mr. Rider stated that notice had been given to both the KAC owner and the Cedarpoint Townhouses owner to remove .the foundations forthwith. Council- man Heimbach stated that the Town was purchasing a portion of the KAC property for a park site, not to remove the foundation. Dave Gorsuch urged the Council to proceed with the proposed landscaping in front of the Clock Tower Building this fall. He stated that Gorsuch, Ltd. would pay 500 of all costs. Councilman Donavan urged that the landscaping be started this fall and then moved to adjourn. With no further business, the meeting was adjourned at 9x10 P.M. ATTEST: Town Clerk ~~ _: ., ~~ M I NUTI=S REGULAR MEETING VAiI TOWN COUNCIL 20 SEPTEMBER, 1977 The regular meeting of the Town Council of the Town of Vail-, Colorado, was convened at 7:30 P.M. on Tuesday, September 20, 1977, in the Vail Municipal Building Council Chambers. Mayor John Dobson and the following councilmembers were present: Josef Staufer John Donovan Rod Slifer Bob Ruder Bill Wilto Others present were: Terrell J. Minger, Town Manager Stan Bernstein, Assistant Town Manager Lawrence C. Rider, Town Attorney The first order of business was the matter of a public hearing regarding the scheduled October 4, 1977, Bond Election. Specifies relating to the question of the Vail Mu1ti- purpose Arena were discussed. History of the project was presented by Mayor John Dobson. Details of the three questions appearing on the ballot {specifically, purchase of the King Author's Court property for the purpose of parkland and proposed water reservoir; the purchase of the North Pulis Property for the purpose of construction of a maintainence facility; and the Multi-purpose Arena at the site of the Vail ice Rink) were presented by Terrell J. Minger, Town Manager. Pat Dodson, Town of VAi1 Recreation Director, explained the details of a year-round program for the proposed enclosed ice rink. Possible design solutions were presented by Professor Wilhem Von Moltke, from Harvard University. Art Everett, achitect, Everett & Seigel, boulder, Colorado and Eldon Bec~C, landscape architect, Royston, Hanamoto, Beck & Abey, Mill Valley, California, presented the Arena design, scope, site planning and landscaping plans. Stanley F. Bernstein, Finance Director and Assistant Town Manager, presented the Budget and Financing program for the proposed arena. Dave Hu71 from Cohen Construction presented the overall cost and timing of the project and Dan Herrington from Beottcher & Company, Denver, Colorado, presented the bonding considerations and outlined the current banding rating for the Town of Vail. Ordinance No. 20, Series of 1977, relating to Special Development District #7 for the Mark was introduced an second reading. The Mayor explained that the ordinance would incorporate new design plans for the Mark Expansion. Councilman W-i:lto moved to approve the ordinance an second reading; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried. Ordinance No. 27, Series of 1977, relating to Title 9 of the Vail Municipal Code (Public Peace, Morals and Welfare), was introduced on second reading. The Tawn Attorney explained the ordinance strengthened Title 9 by making it more enforceable and more constitutionally valid. Councilman Donovan moved to approve the ordinance on second reading and publish by title only; Councilman Stauffer seconded the motion; all present voted in favor; and the motion passed. Mayor Dobson directed Zoning Administrator, Diana Toughill to investigate zoning regulations regarding topless establishments and showing of X-rated movies in the Town of Vaii . Ordinance No. 22, Series of 1977, was introduced on firsi; reading. Mayor Dobson explained that the purpose of the ordinance was to encourage conservation of water in the Town of Vail. A discussion followed regarding adequate water flows from shower heads and water closets and what possible effect reduction of water flaws might have on visitor experiences.Consensus was that reduction of water use in water closets at the present time was practicable, but that severe reduction in water use from shower heads required further study. Councilman Donovan moved to approve the ordinance on first reading with the deletion of sub paragraph "A" regarding use of water saving devices in shower heads. Councilman Slifer seconded the ~, motion; All present voted in favor; and the motion passed. Ordinance # 23, Series of 1977 was introduced an first reading. Mayor Dobson explained that the ordinance would prohibit depositing of refuse in public and private places, specifically in dumpsters. Following a brief discussion regarding signage for the enforcement of the ordinance, Councilman Donovan moved to approve the ordinance on first reading; Councilman Stauffer secinded the motion; all present voted in favor; and the motion carried. ~~ "iinutes/Regular Meeting 20 September, 1977 Page 2 Ordinance Na. 24, Series of 1977, regarding a supplemental appropriation in the amount of $67,420 from the Recreational Amenities Fund was introduced on first reading. Councilman Slifer explained related to negotiations between the Town of Vail, The Vail Metropolitan Recreation District and the FDMI regarding the Sunburst project. He then moved to approve the ordinance on first reading; Councilman Ruder seconded the motion; All present voted in favor; and the motion carried. Ordinance No. 25, Series of 1977, regarding the annexation of the ~lorth Pulls property to the Town of Vail was introduced on first reading. Councilman Ruder explained that a petition had been submitted by the single owner with accompanying plat and zoning plan. The site is proposed for use upon possible purchase by the Town of Vail for a maintainence facility for the transportation program. Councilman Stauffer moved to approve the ordinance on first reading; Councilman Slifer seconded the motion; all .present voted in favor; and the motion passed . Resolution No. 17, Series of 1977, regarding the Town Council's intention to implement the Mall Act was read and introduced. Councilman Ruder presented a brief explanation of the Town's intention in implement the Ma71 Act for the purposes of legal pedestrianization of the Village Core area. He recommended that the resolution be changed to reflect December 20, 1977 date for a public meeting to a11Qw time for a complete search of records and notification of property owners in the area of use restrictions and the Town's intention to designate the area as a pedestrian mall. Co~anc•ilman Donovan moved to approve the Resolution and Councilman Wi7to seconded the motion; all present, voted in favor; and the motion carried. Resolution No. 18, Series of 1977, authorizing the expenditure of Federal. Anti-Recession Fiscal Assistance payments was read and introduced. Bill Pyka, Comptroller, explained the purpose of the federal revenue sharing funds and the purpose of the unemployment program stating that the funds were used to hire unemployed work force. Councilman Neimbach moved to approve the resolution; Councilman Slifer seconded the motion; all present voted in favor; and the motion passed. Diana Toughill, Zoning Administrator, presented the request fora vacation of property line and easement for the Uihlein residence located on Lots 4 & 6> Block 2, Vail Village Third Filing, and the request for variance to allow dwelling unit over a garage. Councilman Neimbach moved to approve the variance and vacation of property line; Councilman Donovan seconded the motion; all presented voted in favor; and the motion carried. Mayor Dobson stated that the Council had asked Bill Hanlon to remain on the Vail Planning Commission until a replacement could be found to fill his expired term and that Mr. Hanlon had agreed to do so. Councilman Donovan moved to temporarily re-appoint Mr. Hanlon to the Planning Commission; Councilman Slifer seconded the motion; All present voted in favor; and the motion carried. Lawrence Rider, Town Attorney, requested direction from the Council regarding the Carcheval litigation matter. Following a very brief discussion, the Council requested a one-week delay for the consideration of the matter. Direction was postponed to the worksession an Tuesday, September 27, 1977. With no further business, Councilman Donovan moved to adjourn; the motion; all present voted in favor; and the meeting was ATTEST: TOWN C ER~K Councilman Stauffer seconded adjourned at 11:00 P.M. . .k : r .. r. ~. • ~ ~ xotl» ~~ VAIL A~~ALYSIS OF EXISTIlIG BQP+QED I~dDEP.TED~•IESS Arab lor~G-R1tI'lGE sA1.FS T,tx ~o~~c~tsTS . . .• Page .~ • I, 2°6 Sales Tax Forecasts ~ ~ ~ I I . Existing Debt Service (Bondi ng ~ Requi rer~en~s 2 III. 2~ Sales Forecasts Related to £xistinq Debt Service Requirements ~ ~ IV. Tot~n of flail Frano>ed Bond Election £7ements 4 ' V. I~n~act of proposed $2.35 million Bond Issue upon ~ ' Available Sales Tax Balances ~~,~ 5 +r VI. Analysis of Estimated Operating r~Pvenues a m . Expenditures -Site 24 r9ulti-purpose Arena F . .~ • MEETING ON VAIL MULTI-PURPOSE ARENA T. History - John Dobson II. Bond Election Details - Terry Minger 1. King Arthur's Caurt Property 2. North Pulis Property 3. Multi-Purpose Arena ITT. Arena Program w Pat Dodson TV. Design Solutions - Wilhelm von Moltke V. Arena Design and Scope - Art Everett VI. Site Planning and Landscape -~ Eldon Beck ~. VII. Budget anc; Finance - Stan Bernstein . VIII. Cost and Timing - Dave Hull (Cohen Construction) IX. Bonding Considerations -- Dan Herrington Council Questions Public Questions ~~ TABLE fl Tb1rH OF VA FL ExlsTtrlc peOT SERVICE , , • ~ 9/20/E8 1974 2.69 197D ,EO 1976 6.345 1976 .30 1977 ,45 TOTAL YEAR FORD PARx CITY HAU/P05T OFFICE REFIro-plw, ISSUE I-70 CROS51tt6 KAT505 ALL ISSUES 1978 520E ,231' S SG,577 5545.OOD S 24,643 $ 42,637 SD71,D$$ 1979 249,331 53,347 525,1 DO 29,242 3ft,450 395,010 1980 244,619 54,950 545,87D 2$,518 42,112 915,999 1931 249,544 51,305 544,700 27,792 4D,983 914,409 1982 .• .244,106 52,652 57.,000 27,033 39,?63 941,714 1983 243,30fi 53,437 593,660 26.393 33,794 9fi5,53b 1984 256,600 53,907 632,40b 25,717 42,b13 991,237 1985 292,719 ~ 53,907 5Lt9,100 25,D43 41,263 997,032 1986 291,Ea4 591,404 29,367 39,9138 952,599 1967 295,063 597,200 2$,355 38,72° 959,406 1928 297,1,94 575,200= 27,342 37,628 952,364 1939 303,056 599,900 26,330 41,355. 9~E9,741 1930 ' 302,650 605,340 30,317 39,918 978,385 1941 296,33$ 614,800 23,96$ 38,455 973,561 1992 298,937 622,200 27,976 4i ,818 994,933 1993 300,088 627,5DD 31,637 40,003 999,22$ 1994 29D,154 635,700 24,950 38,158 988,958 1995 556,500 28,Sb0 41,134 626,234 1396 37,10D 38,.935 76,038 1997 46,41$ TOTALS X4,662,776 5435,162 81:1,574.500 $530,385 $$08,921 S1T,Oi1,744 _ Page 2 ' +, r .- ,__. i - . - ~ .__. ~i~ ---- -w.,.., ..-~- --• -- iiABLE I TOU7E OF YAIL - . .SALES TA% PRD3F.C310115 2X „ . 9!20177 , h HISTORICAL TRE1:0 AIIALY515 ' X 1SCR[ASE 2S ' DvER PR[YTOUS SALES TAX , YEAR YFAR YIFLO .' ' 1971 Actual +42X S 4T3,D~M ~ " 1972 Actual +24X SD9,000 1973 Actual . +ZD% 403,000 1974 Actual +29X 784,00 7975 Actual +25X 903,000 _ 1976 Actual +21X 1,T90.DD0 191T Estiaated 1977 w(goad snow +205 1,2CD,000 ~• Base for Pnnr sn 1,5CD.OOD - Base for T;orral ow conditions - P~ountatn does remain Open for entirt season snow conditions, " " . Ii. 5-YEAR SALES TAX FORECASTS - 2X Y IHCR[ASE 2Y SALES TAX Y[EL DS YEAR l11GH N7D[vaTE 1051 HIGH (NnC UnrealSstic) TiWFRATE LO41 POOR St1Ot1 ' Cautious} RPUntain is Ooenl L_..._ _ ~..____._. 1918 +18 1974 +1B +15 +10 +la .{0 51,770,000 2,0.~l,Or,O 53,725,600 i,c;7,0,^.0 51,659,000 1,A15,O1~0 57,20D,DOD k,200 0op 1980 a18 198! +18 +i3 +10 a1Z a10 2,455.000 2.9D3.06D 2,173,D%D ~ 2,490,OOD i,?n6 ,000 2,397,OD0 , 1,200,040 k 200 OnD 1902 +1G +10 +70 3,3+4,nG0 2,739,000 2,417,006 , , !,200,906 Ili. lc£Y Yh,R1A9LES THAT 1HFlUEr.EE WR SFtES 7AK RfYEnuE5 HIGH ASSUHPT1495 ~ A55U:7YT IDNS ' - ilt Annual lncrrate 1n 5>,ter Oa YS 6X BX Annual In . rvvC: fn ,trr,, Fonulat lPn RS ' 816 nl lllPn Ya Suction of Uulldlna Permits SS of ltfon _ 7X Annual infrr.lSf in hr~•a-kniSAtiPM1 5Y , f 1 Annual lncrrase in Da Sly Ltft itcY,uts NP intrcase 1511 Mnual In gease 1n 3umxr Yatl Visitors 101 - ' '~+~ ~ ' W F- ~ ~ + W ~ ~ i.) [~ o 6 o O n°~ Q a . ~N.~-. 7 ~ A. N M b N N N ~ . d WKW O N N . N H Z , , W N w • ~ o C O e 4 G O G _O ..+ o .. a "' }- ; . .~ ~ 7 V w ~ w t- o ~ E E E m . ~ ©W Q ,+ O UOD ,n M o N In M N ,p n' G Q O d' O D W V i .. ' F' d ~ T O W i!1 O d ~ C ' , 6 d L Q d ,". L. G1 a L ~ u ` L - ~O 5 ~ 6 ++ L H " Li Vf q, t ~ 4 , W ~ ~~- Z ~ . ~ • ~ ¢ W ~ a ,-, .-, _ H .: _ . r., !V' . _.~__' _..... Zf.,. ~a..._~. ., .. . .~-- ._.~..... ......~._~... .__ _..__ _. 'II8LE III ' TO'+1~! OF VA1L . OPEN SPACE/CAPITAL IMPROVLIIENT FUPlD " ~ 2"n SALES TAY, FORECASTS APIO EXISTING DEBT SER VICE . (AVAILABLE BALANCES ANALYSIS] HIGH REY£NU ES MODERATE REVENUES t0ld REVENUES POOR SN0.41 YEAR SALES TAX EX]STING AVAILABLE SALES 3AX £XISTItiG AVAILABLE SALES TAX EXISTING AVAILABLE SALES 7AX EXISTING AVAILABLE ' FEAR YIELD OEBT BALANCES YIELD DEBT eALn1;cE5 YIELD DEBT BALANCES YIELD D£BT BAL+A'.;CES ' 1978. 57,770 $B77 $ 899 51,725 5871 E B54 51,650 $B71 $ 779 $1,200 5671 $329 1979 2,OBB. 895 1,193 1,967 095 1.072 1,815 B95 920 1,200 895 305 1980 2,465 916 1.549 2,223 916 1,307 7,996 91fi 1,080 •1,200 976 ' 264 198] 2,908 915 1,993 2,490 915 1,575 2,197 915 1,282 1,200 975 .285 1982 3.344 942 2,402 2,739 942 ~ 1,797 2,417 942 1,475 1,200 942. 25B Pape 3 ., ., , ,, S ~ p ~; Q o ° M N w • N N h V- H W K 0 0 0 0 0 .. P O o ~ u0i~nu0i00 ~ 00 ~ 00 p W Or~01 Ill tON . . a 1!1 r ^. ~ 0.t . 4 N r . H ~ p m W ~ 4 v r N ~ r A ~ k ?~ ~~} L b T '-. A OL = 4 ~ 7 v r N rn W J ~: L "` p r + ~ N ~ C 01- N O N N A ~n C w GI C~ - ~ w ~ 1~., E' 5d 0. ~ L ~ ~ 7 L . U ' y j ~ .. C ~ d C d O N 'v d ,.., OC . 0. .-. fY. O N C w1 G . O ~n ro C ~-. ..J c }- '6 i ~ 4! ~ O i L '6 •v1 Qi OI r N ~O a> O i 1 D d ~ LL O Y Q IJ L N ~ O a +~ d~ + r Ir1 N Vi O N L a L a l/1 ~ d V } G G" Vi O N i•l N a a ~' h 0. d 1/1 N C G U O N ~ 1 ~ ~ y-~ o c ~hcns_ y . - L. cas.a ro a~ a i~ i~ m x o, c~ . a...d H~ rn u, .n t x an G t a ~ V VI 6J 0. Vi d ~r C E~~ a K d ~ tµi! ' ?L V~ C 41 ?. N i ~~ C. ~ d Y t Q v d ' 1/1 a- a O L Q~ d w •w J-+ N /I V VI 6] } 41 Y N T d V1 ii v, ~ .1G V ~ ~ i ° rot- M Oir©o ~~ a o~~vsv a ,ii W o p. t/, V71~~U 41~ ~' ~~ ~ ~ ~ ! . ^i W L LL ~ O w IA t" ... ~ W ~ t+-. z , ~. W 0. W ~ x ~ i J ~ YTellr Q:~:~... i~.~:Y ..e ..4t• W„w. w.rr..~r~..._..w..wn - 1• TABLE Y HIGH REV£iJUES AVAILABLE DEBT AVAILABLE YEAR BALANCES SERVICE BALANCES 1978 S 899, 5222 $ b77 1979 1,193 222 .971 i960 1,549 222 1,327 'i 1981 1,993 222 1.771 1962 2,402 ~ 222 2,180' TOlft~ OF PAIL OPEPJ SPACE/CAPITAL IP;PROVE'SENTS FUND IMPACT OF '"2.35 I1ILLIO~J BOND 'ISSUE . O;J PROJECTED AVAILABLE BALANCES MODEP.ATE REVENUES LOId REVENUES ' AVAILABLE DEBT AVAILABLE AVAILABLE DEBT Al'AILAflLE SALAf;CJ;S 5ER'lICE BALAi~GES &ALA~CES SERVICE BALAiJLES S 854 $222 S 632 $ 779 $222 5 557 1,072 .222 _850 920 222 S98 1,307 222 1,085 1,080 222 858 1,575 222 ' 1,353 1,282 222 1,060 1,797 222 1,575 1,475 222 1,253 Parse 5 a a Paoli sr,alr YEalz AVAILABLE DEBT AVAilA9LE BALA~+CES SERVICE SALAi;~£S $329 $222 $30T 305 222 83 284 222 62 285 222 63 258 222 36 MINUTES REGULAR MEETING VAIL TOWN COUNCIL 4 OCTOBER, 1977 The regular meeting of the Tawn Council of the Town of Vail, Colorado, was convened at 7:30 P.M., on Tuesday, October 4, 1977, in the Vail Municipal Building Council Chambers. Mayor John Dobson and the following Councilmembers were present: Josef Staufer Rod Slifer Bob Ruder Bi17 Wilto Others present were: Lawrence C. Rider, Town Attorney Ordinance No. 22, Series of 1977 was introduced on second reading. Ordinance No. 22 relates to installation of water saving devices in tank type water closets for all new structures and alterations of existing structures. Councilman Ruder moved to approved the ordinance on second reading; Councilman Slifer seconded the motion; all present voted in favor; and the motion carried. Ordinance No. 23, Series of 1977, prohibiting the deposit of refuse in public and private p7 aces, specifically in dumpsters, was introduced on second reading. Councilman Wilto moved to approve the ordinance; Councilman Neimbach seconded the motion; all present voted in favor; and the motion passed. Ordinance No. 24, Series of 1977, regarding the making of a supplemental appropriation in the amount of $67,420 from the Recreational Amenities Eund was introduced an second reading. Councilman Slifer moved to approve the ordinance on second reading; Councilman Wilto seconded the motion; all present. voted in favor; and the motion carried. Ordinance No. 25, Series of 1977, regarding annexation of the North Pu1is property to the Town of Vail, was introduced on second reading. Councilman Staufer moved to approve the ordinance on second reading; Councilman Wilto Seconded the motion; all present voted in favor; the motion passed. Ordinance No. 26, Series of 1977, was introduced on first reading. Lawrence Rider, Town Attorney explained that Ordinance No. 26 wou7~ amend the Municipal Code by adding private clubs as a conditional use in the residential cluster and low density multiple family zones within the Town of Vail. Councilman Staufer moved to approve the ordinance; Councilman Slifer seconded the motion; all present voted in favor; and the motion passed. Mayor Dobson, having been presented with the official returns of the Municipal Bond Election, read the results. A11 three questions of the ballot passed, question number one being the proposed multi-purpose arena, question number two being the proposed public works maintenance facility site and question number three being the open space acquisition of King Arthur's Gourt. Lawrence Rider, Town Attorney explained the proposed Vail Comprehensive Flan, Phase I, and the Council's approval of the Vail Planning Commission Resolution No. 1, approving the proposed p7 an. Mayor Dobson announced the appointment of four new members to the Town of Vail Local Liquor Licensing Authority. Jim Schorsch was appointed to fill the unexpired term, of Bill Grassie, serving on the Authority until June of 1978. Doug Walker and. Rob Butterbaugh were re-appoint ed to four year terms, expiring in June of 1981; and Jack Kurtin was appointed to the fourth position, serving until June, 1981. With no further business, the meeting was adjourned at :45 P.M. AY R ATTEST: TOWN CEERK « T' t Y MINUTES REGULAR MEETING VAIL TOWN COUNCIL 18 OCTOBER, 1977 The regular meeting of the Town Council of the Town of Vail, Colorado was convened at 7:30 P.M., on Tuesday, October 18, 1977, in the Council Chambers of the Municipal Building of the Town of Vail. Mayor John Dobson and the following Council Members were present. John Donovan Rod Slifer William Heinbach Bob Ruder William Wilto Others present were: Terrell J. Minger, Town Manager Lawrence C. Rider, Town Attorney Ordinance No. 26, Series of 1977 was introduced on second reading. Town Attorney Lawrence Rider explained that the purpose of Ordinance #26 was to amend the Municipal Code by the addition of Private Clubs as a conditional use in the residential cluster and low density multiple family zones and setting forth details in relation to the use. Councilman Wilto moved to approve the ordinance on second reading; Councilman Ruder seconded the motion; a77 present voted in favor and the Ordinance was passed on second reading. Ordinance fVo. 27, Series ofi 1977, to contract a special and limited obligation on behalf of the Town of Vail, Colorado, by issuing its short-term notes in the aggregate principal amount not exceeding $300,000.00 in anitcipation of the collection of sales tax revenues for the months of December, 1977 and January and February, 1978, said notes to mature on or before May 1, 1978, for the purpose of defraying current expenses and meeting current contractual obligations of the Town, and prescribing the form of said short-term notes; Assistant Town Manager/Finance Director, Stan Bernstein explained the purpose of the ordinance and read the title into the official record. Councilman Ruder moved to approve the ordinance on first reading; Councilman Wi1to seconded the motion; R11 present voted in flavor and the motion carried. Ordinance No. 28, Series of 1977, amending special development District 4, to provide for the area thereof, development plan and its contents, permitted uses, certain accessory uses, density, parking, recreational amenitits tax, fireplaces and trans- portation, and setting forth details re]ating thereto, was introduced nn first reading. Attorney Jay Peterson and Developer Andy Norris presented the may and explanation of the special development district regarding parcels A, B, C and D, stating that 900,000 was a realistic GRFA figure for the project. Town Attorney Lawrence Rider asks what the _~. special district means in terms of the Mansfield Corporation that owns neighborhing property. Diana Toughill explains that each subdivision can masterplan its own project and that Mansfield will need to come in with a masterplan when they are ready to develop, and that in addition, they will need to aE~~end the EIR. Andy Norris explained that the net result of their development will be approximately 3.4 units per buildable acre. Councilman Donovan moved to approve Ordinance #28 on first reading; Councilman Slifer seconded the motion; All present voted in favor and the motion carried. Ordinance No. 29, Series of 1977, amending special development district 5 and providing for a development plan and its contents, permitted conditional and accessory uses, develop- ment standards, recreation amenities tax, and other special provisions, was introduced on first reading. Developer Bois Byrd made a presentation regarding the development of an additional phase of Vail Run and introduced the architect who discussed the design elements of the project. Mr. Byrd stated that the present plan was an effort to compromise between the original development plan prior to annexation and the proposed plan after the annexation of Lionsridge and that the developers had hoped that this plan would eliminate the necessity of pursuing a pending lawsuit against the Town of Vail relative to the proposed zoning of density of the property following the annexation. Councilman Donovan stated that he questions how much of a compromise had been made and stated that he failed to see the justification of the density of the currently proposed project. He further stated that the density of the current project is unacceptable to him. He reminded the developers that the current average density of Lionsridge is 33 unites per acre and that at the time of annexation, the residents of that area stated that they wanted less density in future developments. He then stated that he sees no overall reduction in the proposed project from the original proposals for development. Councilman Ruder stated that he was surprised that no apparent density changes were made in the project r t. w MINUTES/REGULAR MEETING 78 OCTgBER, 1977 PAGE 2 and that he agrees with Councilman Donavan. He further stated that he sees the plan as unacceptable in terms of density. Councilman Slifer stated that having voted against the original development plan when he was serving on the County Planning Commission, prior to annexation of the area to the Tawn of Vail, feels that the project is too dense far the area and regrets the amount of commercial space in the project. Dudley Abbott commented that he would remind the council and the public that the area is commercially zoned so a higher density would be acceptable in that area. Ed Draper devended the action of the planning commission in approving the project and stated that it is compatible with the philosophy of the growth management plan for the town in Beeping high density projects together in the same neighborhood and further-that he felt that this was the logical place fora project of this nature. Two owners of the Breakaway West project requested that the parking question be addressed in terms of the density of the project. Bab Byrd then expressed disappointment and concern that the Council had waited until such a late date to express its negative responses to the denisty of the project. Mayor Jahn Dobson stated that apparently the basic problem was one of density only and expressed appreciation for the efforts of Mr. Byrd in the growth management program and explained the choice of the council in terms of delay of the project or voting on the project that night. Councilman Heimbach moved to continue the hearing until the regular meeting on November 1st; Councilman Donovan seconded the motion; All present voted in favor and the motion. carried. Resolution No. 19, Series of 1977, authorizing notice of bond sale for $2,350,000 General Obligation Bonds, Series Decelber 1, 1977, of the Town of Vail, Colorado was read. and introduced by Mayor John Dobson. Councilman Donavan moved to approved the Resolution ; Councilman Slifer Seconded the motion; all present voted in favor and the motion passed, The next item of business on the agenda was a discussion of an appeal of the Design Review Board's approval of the Alice Parsons duplex on Forest Road. Diana Toughill explained the history of the request for approval and the results of the approval by Design Review Board. Citizen Tom Jacobson and several other neighbors of the project expressed concern about placement of the duplex on the lot, disruption of views in the neighborhood and of the quality of the project. Design Review Board member 8i11 Ruoff defended the decision of the board and stated that all precautions have been taken to insure the quality of the project. Mayor Dobson stated that the Council can only be guided by the best judgement of the Design Review Board. Ms. Parsons stated that the duplex and the lot values exceeds those of the neighborhing homes. Mayor Dobson asked for clarification from the council as to approval of Design Review Board decision or not. Councilman Heimbach moved to uphold the decision of the board; Councilman Slifer seconded the motion; ali present voted in favor and the motion to uphold the decision to approve the duplex carried. Mayor Dobson then moved on to a discussion of the Town of Vail 1977-78 Capitol Improvements Program. Members of the audience were provided copies of the proposed program and the Mayor suggested that it be studied by all those in attendance in that it was a proposed program subject to later approval. The Mayor then explained the proposed rates for the 1977-78 Transportation Center and the increases. Stan Bernstein discussed the need for rate increases to generage additional ~ revenues to offset the debt service on the facility. He stated that the terminal will open for paid parking on November 23rd. Councilman Donovan moved to adopt the proposed rates; Councilman Wilto seconded the motion; all present voted in favor and the motion passed. The Mayor presented the names of applicants to the Vail Planning Commission as: Scott Hopman; Jim Potter; Tani Berns; Dennis Minsha1l; Will Miller and Barry Lambert; A vote was taken and Scott Hopman was elected to serve on the Vail Planning Commission. Appointment of two members to the Sign Committee of the design Review Board was discussed. Since all the candidates were not present for interview, Councilman Wilto moved to post- pone appointments for two weeks, until November 1, 1977. Councilman Slifer seconded the motion; all present voted in favor and the motion carried. With no further busi Hess . the meeti na w~c ~d in~-rnPrl ~,t 1 ~] ~ ~f] ,~ _M ATTEST: ': ,~• . ~. TOWN Cf.ERK ~Y ~' .„. .~ MINUTES REGULAR MEETING VAIL TOWN COt~NCIL 1 NOVEMBER, 1977 The regular meeting of the Town Council of the Tawn of Vail, Colorado was convened at 7:45 P,M. on Tuesday, November 1, 1977, in the Vail Municipal Building Council Chambers. Mayor John Dobson and the foilowingfcounci7members were present: ~~~- Josef Staufer Rodney Slifer Wi 11 i am iiei mbach Robert Ruder William Wilto John Donovan Others present included: Stanley F. Bernstein, Assistant Town Manager Lawrence Rider, Tawn Attorney ORDIPANCE NO. 29, Series of 1977, rezoning a portion of Vail Run from RC to SDD5 was introduced on first reading, having been continued from the October 18, 7977 meeting of the Council. Councilman Neimbach moved~to continue the first reading of the ordinance for 30 days, until the December 5, 7977 council r~eeting. Councilman Donovan seconded the motion, all present voted in favor; and the motion carried. ORDINANCE N0. 27, Series of 1977, regarding short-term tax anticipation notes, was introduced on second reading. Councilman Wiito moved to approve the ordinance on second reading; Councilman Ruder seconded the motion; all present voted in favor and the motion carried. ORDINANCE N0. 2$, Series of 1977, amending and subdividing SDD4, Glen Lyon, was in- _ troduced on second reading. There was no discussion and Councilman Donovan~oveT ~n ,s approve the ordinance on second reading; Councilman Slifer seconded the motion; all present voted in favor and the motion carried. ORDINANCE N0. 30, Series of 1977, amending Ti tie 78 of the Vail Municipal Gode and re- zoning certain parcels within the Town of Vail in accordance with Growth Management recommendations, was introduced on first reading by Mayor Dobson. The Mayor then introduced Town Attorney, Lawrence Rider who explained the legal aspects and the process of the Ordinance. Allen Gerstenberger, Director of Community Development for the Town of Vail, was then introduced. ~e outline~c. the agenda for the following presentation and explained the background which led to the development of the ordinance now under consideration. He traced the history to the formation of the Town of Vaii Goals Committees and the results of their work, then followed by the staff working tv collect data and information with the help of Briscoe, Maphis and Lamont; a consulting firm from Boulder, Colorado; along with assistance from Royston, Wanamoto, Beck & Abey; a con- sulting firm from Mill Valley, California, for a period of two years. Then, working with the Planning Commission and the subsequent formation of the Citizens Committee on Growth Management, through bi-weekly meetings for a period of 6 months, reports were submitted by subcommittees of the Citizens Committee to the Planning Gommission, forming the basis and serving as an impetus for the current p7 an. Ne then introduced Dick Elias, Chairman of the Citizens Committee on Growth Management who outlined the details of the process and results of the committee`s work and added that he felt the committee and its sub-committees represented a responsible cross-section of the valley wide interests. He further stated that the committee was not a no-growth committee and that he believed the recommendations made were "middle of the road" recommendations. Ne commended the committee and the staff for their work. A71en Gerstenberger then summarized the issues of the committee's report, stating that the committee was striving for equity for all property owners and reminded the persons present that the process is an ongoing one, designed to manage growth as apposed to ~_ controlling growth. Town Attorney Larry Rider points out, for the record, that the full ,- report has been reviewed by the couniril and that copies have been made available to the public. Zoning Administrator, Diana Toughill, then defined the technical aspects of the definitions contained in the report and gave a brief background of the process taken to determine the recommendations which were being made Ed Drager, Chairman of the Vail Planning Commission was introduced. He outlined the process of the Planning Commission and restated the approval of the Planning Commission far the Growth Management project. ~, ;:x ~• . ,Minutes/Regular Meeting 1 November, 1917 ` Page Two . He reinterated that the Planning Commission had recently passed Resolution #1 of the Vail Planning Commission which incoorporates the report of the Citizen's Committee on Growth Management. He pointed out that the vote of the Planning Commission on the Resolution was unanimous for the recommendations which were being presented here tonight. Resolution # 1 was presented to the council as the official document representing the Planning Commissions recommendations. Mayor Dobson then invited citizen comment. Mr. Bob Byrd, a member of the Citizen's Committee pointed out that the plan was based on factors now known and asks that the committee monitor the plan and review the situation on a yearly basis or he fears that the plan might fail. He recommended that a review committee be implemented as soon as possible. Mr. Bj1.1 Luke asked that the Town of Vail not approve the plan. He stated that he felt that the plan was arbr~trary, '.and cited several general objections to implementation of the plan based on inequities. Mr. Lou Parker, a member of the Citizen`s Committee, reinterates that the sub-committee on which he served has asked for a lower maximum population figure than the one which appears in the report, and points out that the existing figure was unanimously approved as a maximum recommended figure. Councilman Heimbach stated that he has been concerned with Section # 2 of the Ordninance, and asked Diana Toughill to clarify the Primary/Secondary Zoning classification. Ms.. Toughill then explained, using a valley-wide map, specifically what areas were to be zoned. Councilman Heimbach again states concern over the apparent ability to tell anyone what can be built on private land, and further states that he will vote against Section # 2 of the Ordinance. Mr. Ron Todd, a member of the Vail Planning Commission, clarifies the intent of Section #2, stating that the zoning is based on per-cent of GRFA. Mr. Dudley Abbott, a member of the Vail Planning Commission, responds in an attempt to clarify the section in question by stating that one of the goals of the section is to lower the frequency of large mirror-image duplexes. Councilman Heimbach stated that he did not wish to belabor the point but that he still is opposed to the section.' ~ Mr. Bi17 Shephard, a homeowner on Fo,~rest Road, stated that he understands the problems facing the Town of Vail, but that he was concerned over loan values, and feels that the zoning had been arbritrary in that it did not include ail areas of duplexes. He stated that he felt that owners of existing buildings were being unduly penalized and requests that a grandfather clause be incorporated into the ordinance fnr existing buildings in an area to be dawn zoned. Mayor Dobson expresses concerns also over some elements of the Ordinance. Ms. Toughill and Mr. Todd made a brief explanation in an attempt to clarify the intent of the ~- ordinance and specifically Section #2. A brief discussion between members of the council and the audience then took place concerning the question of replacement of any buildings which might be destroyed and effects of the proposed new zoning on rebuilding. Mr. Luke asked for comments in response to his earlier comments. A brief discussion took place between council members and Mr. Luke relative to possible changes in character in some neighborhoods as a result of the proposals in the ordinance and Mr. Luke stated that he has great concern over what he perceives to be a different set of rules for upcomming developments as opposed to those governing previous developments. Councilman Staufer points out that rules do change. Mr. Luke further questions the Town's right to zone use of land but not population. Councilman Slifer answers by pointing out that courts and state statutes have upheld density controls. Town Attorney Larry Rider stated that this ordinance and the process for its implementation are designed to correct deficiencies in the original zoning ordinance and that compact neighborhoods were a goal of the new regulations rather than having patchwork zoning. At this point in the meeting, Ms. Toughill began a parcel by parcel explanation of the proposed changes, beginning with The Racquet Club and continuing to the last parcel listed in the Planning Commission memorandum of report which is attached and made a part of these minutes. Members of the audience speaking on behalf of property owners who were opposed to the ~G~changes being discussed were: Attorney Dick Hart spoke nn behalf of the owners of Parcel 4, (Jackson, Gook & Zablinsky} stating that the owners felt they were not being treated fairly in the progression of zoning up the valley. f Attorney Jay Peterson spoke for the owner, of Parcel # 6, Lot 6, Block 2, Vail Potato ~.. ,Minutes/Regular Meeting ~, 1 November, 1977 Page Three Patch and Lot 34, Black 1, Vail Potato Patch; stating that the owners had suggested a compromise. Roger Tilkemeier commended the owners for volunteering a down zoning compromise and expressed a hope that Parcel C in Potato Patch could retain open space. He further stated that the covenants at this time call for Tract G to be recreation space or open space. Diana Toughill and Larry Rider state that future plans do call far that parcel to be dedicated to the Town of Vail. Regarding Parcel # 9, Lots 1, 2, 3, Block 3, Bighorn Subdivision 3rd Addition, Ms. Toughill explained the proposed rezoning. Mayor Dobson asked for any further comments from the owner, Mr. Bill Luke. Mr. Luke declined any further comment stating that he does so on the advise of counsel. Mr. Abe Shapiro spoke on behalf of his interest in the proposed zoning of Parcel # 10, Lot 26, Block 2, Vail Village lath Filing, stating that he has proposed a compromise and explained the elements of his proposal, reminding the council that the planning commission had recommended approval of the compromise. ~u~w p~H Ron Lustick sooke an behalf of the owners of Parcel # ll, Lot 7, Block B, Lionsridge Filing No. 1, stating his case for retaining the existing zoning and that the owners of the lot feel that if Lat ~# 8 can retain the LDMF zoning, then Lot # 11 should be allowed to do so also. Regarding Parcel # 12, Ms. Toughill explained the zoning and the topography of the Lat and read a letter of protest from the owners of Lots 3, ~, 5, 6, 7, 81ock i, Bighorn Subdivision 3rd Addition. Regarding Parcels # 15 through 21, Ms. Toughill explained that all parcels in this group were to be changed from two-family residential to primary/secondary residential district. She read letter of protest from Fred Lazarus {Lot 1, Block 1, Vail Village 1st Filing); and a letter of~~agreement-with proposed zoning from John Tyler, the owner of a 3rd filing lot. She read a letter of protest from Col. Edward A9. Brown, Lot 9, Blk 5, Bighorn Subdivision 5th addition, requesting additional information and objecting to the down zoning. Joanna Peterson was present to speak on behalf of the owners of Lot 2, Vail Village 7th Filing (Crawford House) objecting to the proposed dawnzoning and presented a request for possible consideration of variance since the owners had wanted to build an additional building next door. Councilman Slifer and Mayor Dobson agreed in stating that perhaps design or variances could solve the the problem. A brief discussion followed Mr. Shapiro's request for another clarification of the meaning and purpose of the Primary/Secondary Zoning District. Mr. Lou Parker requests that all of the 11th filing be placed under the primary/secondary district. Following same discussion, Councilmen Wilto and Slifer stated that the 17th filing probably could not be added to this proposal by the council. Mr. Parker disagreed. Mr. William Sheppard, owner of Lot 4, Block 1, Vail Village bth Filing spoke on his own behalf in oposition of the proposed zoning of his property. Mayor Dobson questioned how far zoning could be used to accomplish other goals. Councilman Donovan stated that these are selected parcels to be rezoned in an effort to preserve developing neighborhoods. Councilman Staufer stated that protection of a developing neighborhood can only be done by zoning. Mr. Shapiro asked for a clarification of the use of the word "density". A brief discussion followed. Councilman-Staufer stated that basically the goal of this plan was to preserve the quality experience and that it can only be preserved through restriction of zoning for densities. Lou Parker questions the ratio of primary/secondary district zoning to straight residential zoning. Ms. Toughill explained that they were the same. Town Attorney Larry Rider recommended to the co~nci7 that the public hearing portion of the meeting be closed and that the ordinance under discussion be taken section by section and any changes to be made be done by motion of the council. Councilman Heimbach moved to remove Section #2 from the ordinance. Mayor Dobson Seconded the motion; Councilman Weimbach and Mayor Dobson voted in favor and all others present ^~ voted against the motion. The motion failed. Town Attorney Larry Rider explained that some elements of section #2 had been inadvert- ently been ammitted from the copies of Ordinance #30 and he explained those additions. Councilman Wilto moved to approve and include those sections left out. Councilman Staufer seconded the motion; all present voted in favor and the motion carried. ~ k ~ ,f ,Minutes/regular meeting 1 November, 7977 page four Sections of the ordinance were explained briefly to the council by Larry Rider. Fallowing the planning commission memo, each parcel proposed for down-zoning was then considered and voted upon individually: No motion was necessary far parcel #l. -- -- - Councilman Wilto moved that parcel #2 remain LDMF. Councilman Ruder seconded the motion; all present voted in favor and the motion carried. Councilman Weimbach moved to approve the proposed changes in zoning for parcel #3. Councilman Donovan seconded the motion; all present voted in favor and the motion carried. Councilman Heimback moved to retain LDMF for parcel # 4; Councilman Staufer seconded; all present voted in favor and the motion carried. Councilman Wilto moved to approve the proposed rezoning for parcel #5; Councilman Heimback seconded the motion; all present voted in favor and the motion carried. Councilman Heimback moved to approve the compromise proposal that the owner's interest in Tract<£ be deeded to the Town. of Vail. Councilman Ruder seconded the motion; Councilman Donovan voted against the motion; all others present voted in favor; and the motion carried. Parcel # 6 was the parcel. voted upon. Councilman Ruder moved to approve the proposed rezoning of parcel #7. Councilman Wilto seconded the motion; all present voted in favor and the motion carried. Councilman Wilto moved to retain the LDMF zoning for parcel # 8. Councilman Heimback seconded the motion all present voted in favor and the motion carried. Councilman Ruder moved to rezone parcel #9 as proposed; Councilman Donovan seconded the motion; all present voted in favor and the oration carried. Councilman Heimback moved to accept the compromise proposed for parcel # I0. Councilman Wilto seconded the motion; Councilmen Staufer, Slifer, Wilto and Heimback voted in favor of the motion; Councilmen Donovan and Ruder voted against the motion; the motion carried. Councilman Wi1to moved to leave parcel # 11 as LDMF. The motion was seconded by Councilman Heimback. Councilmen Staufer, Donovan, Heimback and Wilto voted in favor of the motion; Councilman Ruder voted against the motion; The motion carried. Councilman Ruder moved to seconded the motion; all Councilman Wilto moved to the motion; all present Councilman Ruder moved to seconded the motion. All rezone parcel # 12 as recommended. Councilman Staufer present voted in favor and the motion carried. rezone parcel # 73 as recommended; Councilman Ruder seconded voted in favor and the motion carried. accpt the proposed rezoning of parcel #74. Councilman Heimback present voted in favor and the motion carried. Councilman Slifer moved to accept the proposed zoning for parcels # 15 though 21. Council- man Donovan seconded the motion. Councilman Heimback°voted against the motion. All others present voted in favor and the motion carried. Councilman Wilto moved to adopt Ordinance #30, Series of 1977, with the amendments made_ by the Council, on first reading. Councilman Donovan seconded the motion. All present 't voted in f~~vor, except Councilman Heimback who again expressed his opposition of Section #2 of the ordinance. The motion carried. ~ Resllution #20, Series of 1977 was introduced by Mayor Dobson. Councilman Wilto moved to approve Resolution #20; Councilman Donovan seconded the motion; all present voted in favor and the Resolution was approved ty the Council. Resolution #20 sets forth the upcoming week as Water Conservation Week in Vail. Mayor Dobson then turned the meeting to the presentations and other matters. Pepi Gramshammer officially requested the withdrawal of a parking variance far 9 cars for the Vail Athletic Club. It was so noted for the record. Mayor Jahn Dobson then requested a roll call vote for the appointment of two members to ~''~ ~ ~' ,Minutes/regular meeting 1 November, 1977 page five serve on the Sign Review Committee of the Design Review Board. The applicants were: Toni Berns; Fred Distelhorst; and Gail Strauch. Fred Distelhorst and Toni Berns were elected to serve on the Sign Review Committee of the Design Review Board. Mayor Dobson then read the names of those persons to be appointed clerks and judges for the upcoming Council election on November 22, 1977, A11 persons were appointed to the positions. A listing of those persons is attached, and made a part hereto, of these minutes. Councilman Donovan moved to adjourn the meeting, there being no further business for the Council to consider. Councilman Ruder seconded the motion; all present voted in favor and the meeting was adjourned at 11:15 pm. ATTEST: T~C~u Gl~+fc ~ : ~ , :~'~flV EMBER 22, 1977 °=-~ ti3 ~~, RGULAR ELECTION clerks and judges JUDGES, PRECINCT # 12 LYNN LANfMAID CINDY MOWRY TOM BERNS CLERKS PRECINCT # 12 DIANNF HAGEN CHRISTA ELIAS JUDGES, PRECINCT # 13 KATHY ROSSI i~EBBIE SCOTT NORMA I, FREY CLERKS, PRECINCT # 13 DOROTHY BACHRACH JACKI' PYKA ALTERNATES BARBARA LOKEN JOANNE TILKFMEIER GWEN 4PPENHEIM SUSAN WALL KIT ABRAHAfNS JILL BECKWITH .; • T0: TOWN COUNCIL MEMORANDUM FROM: PLANNING COMMISSION/pEPARTMENT OF COMMUNITY pEVELOPMENT DATE: NOVEMBER 1, 1977 RE: RECOMMENDATIONS ON PROPOSED ZONING AMENDMENTS AND DOWN ZONING. The following is a summary of the Planning Commission meeting of September 29, 1977 and recommendations of the Commission to the Council. Resolution No. 1 of the Vail Planning Commission was approved which adopted Phase I of the Comprehensive Plan and by reference the maps and all documents to which the maps refer, as well as recognizing the Report and Recommendations of the Growth Management subcommittee. . The Planning Commission then unanimously approved the Zoning Amendments outlined in the attached memorandum. Each parcel proposed for .down-zoning was then considered individually: 1. Racquet Club (13 acres) Proposed Rezoning: Reduction of units. Maximum units current zoning - 390 units, County approval 360 units Maximum units proposed - 247 units Planning Commission recommendation - Maintain MDMF with 247 units total maximum. Walter Kirch proposed to the Planning Commission that they consider his remaining undeveloped land and a proportional share of the land used for recreational amenities at the proposed MDMF maximum of i8 units per acre or a maximum of 247 units. This represents a 30l down-zoning for the balance of the proposed project. A11 members were in favor with the exception of Mills. 2. Vail Investment Properties (6.4 acres) Proposed Rezoning: LDMF to RC Maximum units current zoning - 76 units Maximum units amended LDMF - 57 units Maximum units proposed rezoning - 38 units Planning Commission recommendation - Rezone to RG Craig Falson was present to object to reduction in density (letter attached). The Planning Commission voted 5 for and Ron Todd opposed to the rezoning. 3.' Gore Range II (7.971 acres, approximately 6 acres buildable) • `Proposed Rezoning: LDMF with 60 units maximum to RC Maximum units current zoning - 60 unit s Maximum units amended LDMF - 54 units Maximum units proposed rezoning - 38 units 4 ~ Page 2 ,- Recommendations on proposed Zoning Amendments and Down Zoning. Planning Commission recommendation - Rezone to RC Bob Warner, representing the owners, notified me to inform the Planning Commission that he has withdrawn his employee housing proposal and that they could proceed with the down-zoning to RC. Planning Commission voted unanimously to rezone the parcel. 4. Jackson, Cook, Zabinsky_ (3.0 acres) Proposed Rezoning: LDMF to RC Maximum units current zoning - 36 units Maximum units amended LDMF - 27 units Maximum units proposed rezoning - 18 units Planning Commission recommendation - Rezone to RC Cass Zabinsky was present to protest the proposed rezonina~. Rfter a lengthy discussion, all of the Planning Commission except Ed Drager voted to reduce the density to RC. Mr, Zabinsky later requested that the Planning Commission reconsider their vote in light of their decision on the Weisen parcel; the motion was defeated unanimously. 5. Lots 2 and 3, 81ock $, Bighorn Subdivision Proposed Rezoning: LDMF to RC Maximum units current zoning - 8 units Maximum units amended LDMF - 6 units Maximum units proposed rezoning w 4 units Planning Commission recommendatin - Retain 3rd Addition (.255 and .419 acres) LDMF Erika McCall was present representing Vail East Lodging.. She pointed out that Uail East had already voluntarily down-zoned two of their parcels to agricultural and would like to retain the possibility of developing five or six units on the subject property. The Planning Commission voted to retain the LDMF zoning with Sandy Mills opposing the motion. 6. Lot 6, Block 2, Vail/Potato Patch (3.91 acres) Lot 34, Block 1, Vail/Potato Patch (.997 acres) Proposed Rezoning: MDMF to RC Maximum units current zoning - Lat 6 - 117, Lot 34 - 29 Maximum units amended MDMF - Lot b - 70, Lot 34 - 17 Maximum units proposed rezoning - Lot 6 - 23, Lot 34 - 5 Maximum units proposed compromise- 1_ot 6 - MDMF~~O unfits maximum,; Lot 34 - MDM units maximum Planning Commission recommendation - accept compromise LJ ' Page 3 ` Recommendations on proposed Zoning , Amendments and Down Zoning. • Jay Peterson was present representing the owner, John Hali. He requested the Planning Commission to retain the MDMF Zoning which permits .35 GRFA as opposed to RG at .25 GRFA and limit the unit maximum to 30 units on Lot 6 and~8 units on Lot 34 to allow large luxury units. Peterson further proposed that Hall would be willing to quit-claim to the Town of Vail his right to develop recreational amenities and a tramway on Tract C {adjacent to Sandstone Tot Lot}, White, Abbott, .Drager and Todd voted in favor of the compromise with Hanlon and Mills voting against. 7. Belinda Ward Weisen [1 .5 acres) Proposed Rezoning: LDMF ~o RC Maximum units current zoning - 18 units Maximum units amended LDMF - 13 units Maximum units proposed rezoning - 9 units Rlanning Commission recommendation - Retain LDMF Ms. Weisen was represented by Jay Peterson who requested the property remain at LDMF since it is located between.. the Racquet Club and Timberfalls. Mills made a motion for rezoning to RC which was seconded by Hanlon; Tadd, Drager, and Abbott voted against; motion for rezoning failed. 8. Lot 7, Block A, Lionsridge Filing Ro. 1 (1.234 acres) Proposed rezoning: LDMF tv RC Maximum units current zoning - 14 units Maximum units amended LDMF ~ 11 units Maximum units proposed rezoning - 7 units Planning Commission recommendation - Retain LDMF Gary Flanders, representing the new owners, was .present to protest the proposed reduction in density and to request the property remain LDMF because of its location directly adjacent to Homestake. Planning Commission voted unanimously to retain the LDMF zoning. 9. Lots 1, 2, 3, Block 3, Bighorn Subdivision 3rd Addition (Lot 1 - .800 acres, Lot 2 - .937 acres, Lot 3 - .732 acres) Proposed Rezoning: LDMF to RC Maximum units current zoning - Lot 1 - 9 units, Lot 2 - 11 units, Lot 3 - 8 Maximum units amended LpM~ - Lat 1 - 7 Units, Lot 2 - 8 units, Lot 3 - 6 Maximum units proposed rezoning - Lot 1 - 4 units, Lot 2 - 5 units,-Lot 3 - Planning Commission recommendation - Rezone to RC Lot 1 is owned by Jakob who has submitted no written protest. Mr. Bill Luke who owns Lots 2 and 3 called in a protest at 6.00 P.M. the day of the meeting. Our staff has since met with his attorney. Planning, Commission voted unanimously to down-zone all the lots to RC. units units 4 uni .7 r ' , Page 4 ' Recommendations on proposed Zoning ~ Amendments and Down zoning l0. Lot Z6, Block 2, Vaii Village 13th Filing. (2.891 acres, 2.43 acres buildable) Proposed Rezoning: LDMF to RC Maximum units current zoning ~ 34 less hazard = 29 units Maximum units amended LDMF - 26 less hazard = 21 units Maximum units proposed rezoning - 17 less hazard ~ l4 units Maximum units proposed compromise - LDMF/16 unit maximum Planning Commission recommendation - accept compromise Abe Shapiro, the owner of Lot 26, appeared before the Planning Commission to present his proposed compromise, which is a 55~ down-zoning. The Planning Commission voted unanimously to recommend the compromise of retaining LDMF with a 16 unit maximum. 11. Lot 7, Block B,Lionsridge Filing No. 1 (1.541 acres) Proposed Rezoning: i.DMF to RC Maximum units current zoning - l8 units Maximum units amended LDMF - l3 units Maximum units proposed rezoning - 9 units Planning Commission recommendation - Rezone to RC LRB submitted a site plan showing 18 units prior to the hearing which ~ was disapproved due to lack of required drawings for zoning approval. On October 2b, another set of drawings was submitted for zoning approval. These contained sufficient detail for preliminary zoning approval; however, these were disapproved because GRFA was in excess of allowable and insufficient separation between buildings was provided. Planning Commission voted unanimously to rezone from LDMF tv RC. l2. Lots 3, 4, 5, 6, 7, Block 1, Bighorn Subdivision 3rd Addition {Lot 3 - .442 acres, Lot 4 - .442 acres, Lot 5 - .497 acres, Lot 6 - .702 acres, Lot 7 - .822 acres} Proposed Rezoning: LDMF to RC Maximum units current zoning - Lot 3 - 5 units, Lot 4 = 5 units, Lot 5 - 5 units .Lot 6 - 8 units, Lot 7 - 9 units Maximum units amended LDMF - Lot 3 - 3 units, Lot 4 - 3 units, Lot 5 - 4 units Lot 6 - 6 units, Lat 7 - 7 units Maximum units proposed rezoning - Lot 3 - 2 units, Lot 4 - 2 units, Lot 5 - 2 units, Lot 6 - 4 units, Lot 7 - 4 units Planning Commission recommendation - Rezone to RC Lots 3, 4 and 5 are owned by Everting from whom no protest was received. Dr. Sruni, the owner of Lots 6 and 7 phoned in a protest after the Planning Commission . hearing and has. now submitted a written protest to the Council (copy attached), Planning Commission voted unanimously. on. all lots to rezone to RC. b ' ~ Page 5 Recommendations on proposed Zoning r Amendments and Down Zoning 2 lack Bi horn Subdivision 3rd Addition Lot 1 - .526 acres 13. Lots 1, 3, B 7, g { , Lat 2 - .430 acres, Lot 3 - .430 acres} Proposed Rezoning: LDMF to RC Maximum units current zoning - Lot 1 - 6 units, Lat 2 - 5 units, Lot 3 - 5 units, Maximum units amended LDMF - Lot 1 - 4 units, Lat 2 - 3 units, Lot 3 - 3 units Maximum units proposed rezoning - Lot l - 3 units, Lot 2 - Z units, Lot 3 - 2 units Planning Commission recommendation -Rezone to RC Lots 1 and 2 are owned by Kidder and Lot 3 by Simpson neither of whom protested the down-zoning. Planning Commission voted unanimously to rezone the Lots from LDMF to RC. 14. World Savings and Loan {6.733) Proposed Rezoning: MDMF/with 97 unit maximum to LDMF Maximum units current zoning - 97 units Maximum units amended MDMF - 97 units Maximum units proposed rezoning - 60 units . Planning Commission recommendation - To LDMF Walter Kirch, who has exercised an option on the sub,~ect property, ~nd~cated . that the proposed rezoning appears to work with his plans for the parcel. The' Planning Commission voted unanimously to rezone the land from LDMF to RC. Lots currently zoned for l~wo-Family Residential (duplex) are proposed for rezoning to the new Zone District Primary/Secondary Residential. These are listed below by neighborhood: 15. New Pulls Subdivision - Lots 7-21,.Vail Valley 3rd Filing. These lots already have a covenant identical to the proposed rezoning. lb. Mill Creek Circle - Lots 1-19, clock 1, Vail Village 1st Filing. A written protest was filed by Fred Lazarus III, who owns Lot 1. 17. Beaver Dam, Forest and Rockledge Road - Lots 1-41, Block 7, Vail Village 1st Filing. Lots 1-6, Block 1; Lots 1-10, Block 2; Lots iw6, Block 3; Lots 1-5, Block 4; Vail Village 3rd Filing. There were no protests from property owners in this neighborhood. l8. Lower Forest Road - Lots 1-15, Block 1; Lots 1-8, Block 2; Vail Village . bth Filing. A written protest was filed by William P. Sheppard, the owner of Lot 4, Block 1 on which is constructed a presently non-conforming duplex. 19. Golf Course Area - Lots 1-4, Block 4; Lots 1-6, Block 5; Lots 1-14, Block 6; Lots 1-3, Block 7; Lots 1-4, Block 8; Vail Village 7th Filing• Lots 1-10, Block 1, Vail Village 8th Filing- No protests were received from this area. y. 1 - Page 6 Recommendations on proposed Zoning r Amendments and Down Zoning ~~ 20. Potato Patch - Lots 1-33, Block 1; Lots 2-5, Black 2; Lots 10-72, a Resubdivision of Lot 7, Block 2; Vail/Potato Patch. Lots 1-7, Vail/Potato Patch Second Ealing, a Resubdivision of Lots 1 and 2, . Vail/Potato Patch. Property owners did not object to proposed rezoning. 21. Bighorn - Lots 1-16, Bighorn Subdivision Second Addition. Lots 1-5, Borwick Subdivision, a Resubdivision of Lot 14, Block 4, Bighorn Subdivision 3rd Addition. Lots l-8, Block 4; Lots 1-19, 81ock 5; Lots 1-4, Block 6; Lots 1-20, Block 7; Bighorn Subdivision 5th Addition. ~a protests were received from owners in Bighorn Second Addition, The Borwick Subdivision was approved with covenants similar to the proposed new Zone. One written protest was received from Colonel Browne who owns Lot 9, Block 5, in the 5th Addition. • Planning Commission voted unanimously to approve the rezoning of each lot enumerated in Items 15-21 from TwowFamily Residential to Primary/Secondary Residential. Total density reduction as outlined in Growth Management Subcommittee report - 447 units Total density reduction as recommended by the Planning Commission - 440 units There is no "scientific" way of calculating the population reduction for the Primary/Secondary rezoning, but we are confident that it wi11 have a positive effect due to the smaller size of the second allowable unit. .~ -~ ., a r ..~ -~ i . :,, 1' .•„~ . . ,; 3 O ~' ,,'?I -a ,.` .1 .,~i s • _ ` . ~ :: .~ ~~ r . `} .. ~. ~i 4 ~ r ~ RESOIJI3TIQIT N0. ~. , • 1977 OF TIIE TOWN OF VAIL PLANNING COAIhfISSION s A RESOLUTION ADOPTING CERTAIN t~~APS AND REPORTS AS PHASE 1 OF THE TOIYN OF VAIL CJf1lPREHENSIVE PLAN -. WHEREAS, the Planning Commission,has the duty and ~. authority to adopt a Comprehensive Flan for the Town of Vail; and, WHEREAS, the Planning Commission has made a careful study of the present conditions and future growth of the Tawn, with due regard for its relation to the rest of the Gore Valley and Eagle Gcunty; and,~~ PIHEREAS, a Public Hearing was held bEfore the Planning Commission on September 29, 1977 after Public Notice thereof; aQid, WHEitEAS, the Planning Commission is of the oginion that Phased of the Comprehensive Plan should be adopted and would so recommend tv the Town Council: - • NOW, THEREFORE, fly IT RESOLVED EY THE PLANNING COMMISSION OF THE TOIi'N OF VAIL, COLORADO, THAT:' Section 1. Purpose. The~Comprehensive Plan has been prepa^ed with the general puxpose to guide and direct a cobrdi:nated, adjuFted and harmonious development of the Town of Vail in. accordance with its present and•~uture needs; to promote the health, safety, morals, order ,, ,convenience, property, and general welfare of the residents, including,.among other things, adequate provision for air ands water quality and safety from hazards such as fire, flood, avalanche and landslide; to provide adequate water, recreational opportunities, light and air; to promote healthful and convenient distribution of papulatipn; to promote good civic design and arrangement,_wise and efficient expenditures of public funds, and the adequate provision of public utilities, service and other ' public requirements. Section 2. Approval of Reprirt~~ The Planning Commission •hereby receives and;:approves o:f the following studies and reports relating to Phase l 01 the Tnwn of Vail Comprehensive Plan: 1 r] fie... A. Flood Plain ~! 1. Gore Creek Flood Plain Information; Hydra-Traid, Ltd, ; ~7une, 1975. 2. Gore Creek 5Q0 Year, Recurrance Interval Flood Plain; Hydro--Traid, Ltd.; fYovember, 1976. B. Avalanche • 1, K.A.C.-Avaianche Study; Ronald L. Halley, Hydro- .' Triad, Ltd,; September, 1975. .• 2. Vail Meadows Avalanche Dynamics Study; 1~1cDowell, Scott & Cox, Inc.; June 10, 1976. ~' 3. Vail 6leadows Avalanche; Ronald L. Halley, Hydro-- . ~ Triad, Ltd, ; April , 1977. ~ • 4, Vail Racquet Club Avalanche Defense; Arthur Mears, ' McDowell, Scott & Cox, Inc.; September I7, 1976. 5. Clubhouse Gulch Avalanche; Ronald L. Halley, Hydro- , Triad, Ltd.; April, 1977. 6. Avalanche Impact Parameters, Silver State Unit, ' KAC Development; Ronald L. Halley, Hydro-Traid, - Ltd.; April, 1976. 7, Evaluation of the Snow :valance Hazard~in the Valley of Gore Creek, Eagle County; Colorado; Institute of Arctic and Alpine Research; 1973. - 8. Snow Avalanche Hazards of the Vail Area, Eagle County, Colorado; The Colorado Geological Survey; November 19, 1975. - 9. Snow Avalanche Hazard Study, Shapiro Prvpe~ty, Bighorn • ~ Subdivision, Vail, Colorado; Mc;]owell, Smith & ' Associates; July 22, 1975. '~:` 10. Avalanche Dynamics and Defenses on tiie Shapiro Property, ~ Vail, Colorado; Axthu~r Mears and hfeDowell, Smith .;j & Associates; January, 1976. - 11, did Muddy and Path 5 Avalanche Study; Arthur Aieaxs; - May, 1976. 12, Timbexfalls Avalanche, Vail, Colorado;,~Yhitney A3. Borland: July 27, 1973. - . ~' ~ 13. An Avalanche Defense SYork Study fox the Timber Falls ~'~ • Corporation; Hans Fxutigex.; September 20, 1973. ~ I4. Avalanche and 1iudflocv Hazards on `Fenth Filing and I Katsos Ranch Froperties, Gore Creek Valley, Colorado; ~.;..~.' MSC. Inc.; September, 1974. ~ ' • 15, Avalanche and hludf"c~v Defense Tenth Filing and Katsos ~± Ranch; McDowell, Smith & Associates and Arthur blears; February lQ, 1975. - ' ' 16. Avalanche Dynamics of the Bighorn Path, Vail, Colorado, a Study to Determine the Av&lanche Hazard • .' to Lot 16, Bighorn Subdivision; Arthur Mears; 3anuary, ?' ; 1977. - - ---- _. • . , l . • V~ - - G. Geo logic- _ Rapid Mass Nasting - ----. _ -- ' ;~ 1. .Rapid Mass i4'asting Processes, VazJ.,. Colorado; Arthur . .,., hleaxs; April, 1977, - -- ~', 2. Appendix to Bedrock Geologic 3iap; Colorado Geologic . Survey; October 23, 1975.- -- . D. Hil lsides and Slope = - - - - ~ l, Performance Controls for Sensitive Lands; American :. ~ Society of Planning Officials. - " ,`;;~ .Sectio n 3. Phase 1, Comrirehensi-ve ;~tar~s. Tkie Paann~.ng ::t Commission hereby adopts the fallowing maps and other descriptive ' : material-as Phase l.af 'the Tawn o'f Vail Comprehensive Plan: ~ ., i . .-. - - .. - ^ .~ ' A. Comprehensive maps (East, Middle and 9~est Seatians) ,- I. Avalanche (East and Middle Sections only) . ~ 2. , ~ Geologic - Rapid ?yiass Wasting 3. Flood - IOD year 4: Slope Anaylsis 5. Vegetation/Wildlife ' 6. Environmental Constraints • ' .. 7. Existing Land Ltse ~ ~ • 8. Open Space/Recreation 9. Transportation I0. Utilities ~ lI. Zoning (Previously adopted by Ordinance No. 8, ~ , -, Series of ].973) ~; ~ 'k $. Growth Management Study s 1. Report and Recommendations of Grawth Management { • ~ Sub-Committee on Control Techniques; May 23, 1977. ; 2, Growth :~anagement for the Gore Valley; January 3l, I977. INTROAUCED, READ AND ADOPTED $Y THE PLANNING COMLISSION pF THE TOkYN OF VAIL ON THE 29th DA'Y OF $EPTE".i$ER, 1977. fI i c TOWN OF VAYL~PLANNING COMMISSION 1 ;I ~ .~ I r ~ , . _ BX: } ~' Edmund H. Drager, .Tr., Chairperson A r 4 t i .t • ~EMo TO: Terrell. J. hiinger/Town Council FROb4: Department of Community Development DATE: 30 August 1977 ~. RE: Summary of Zoning Amendments to Implement Growth hanagement The recommendations of the Cit~zens Growth Management Committee have been translated into (I) amendments to she Zoning Ordinance, and {2) downzoning of specific parcels. This Memo summarizes the proposed amendments and downzoning for your .preliminary review. The Planning Commission has reviewed these recommend- ations. A Public Hearing has been advertised for Thursday, September 15. .~ A. GROSYTH ASAVAGEh~E'NT -ZONING A'~iEND~iENTS 1. Add to the definition of "Accommodation .units" ....the phrase, "Each accommodation unit shall be counted as one-half { z } o,f a d~¢elli.ng un~.t for purposes of calculating allowable units per acre". (Art. 1.E00} 2. Create a "Two-family Primary/Secondary Residential" Zone. {A copy of the proposed Zone is attached} .~ The. •major points will be .~ a. One unit is a larger primary residence and the second is a smaller "caretaker • apartment" . ~~b. Minimum lot or site area wi11 be 16,000 ~ square feet. c. If the structure is a duplex, one of the units shall not exceed one-third (1/3} of the a.llow~,ble gross residential. . f leer area (CxRI'A) . 3. Two-f~.mily resideriti~,l.: Propose increasing minimum - ~ 1ot area tram 15,00Q squ~.re feel to 1.7,500 square . ~ feet . ( Ax•t . 3 , 501) . i~ ' Page 2 ,~ - Summary of Zoning Amendment to Implement ; Growth~~Management August 30, 19?7 4. Low-density 47ultiple Family: Propose reducing density from present 12 dwelling units per acre to 9 dwelling units per acre. (Art. 4.100}, 5. Il~ediuin density Multiple Family: Propose reducing density from present range of 15-30 dwelling units per acre to maximum of 18 dwelling units per acre. (Art. 5.100}, 6. High density t~iultiple Fam~.lv~° -Propose reduca~ng - density from present range of 25-50 dwelling ., units per acre to maximum of 25 dwelling units - per acre. (Art. 6.100}. ?. Public Accommodations: Add a maximum density of 25 dwe].Iing units per acre. P.A. Zone_.now has no maximum density except GRFA. (Art. 7.100}. ' ~ S- ~ Commorc_ial Core 1_Planning Commissions sub- -_ . . . . -- committee has deadline of September 25th for -•~ =making- recommendations to Council : - •~~ - - ' 9. Commercial Core 2: Add-"Hoxizantal Zoning" - ~ and sets a maximum density of 25 dwelling units per acre.-(Art. 9.100 and 9.300}. 10. Commercial Service Center: Sets the maximum --. . CSC per acre. density .at 18• dwelling un~.ts Zone now has no maximum density. (Art. 10.605). . 11. Special. Development Districts : -.: ~ ~,..•3 a. igharn Juntion (SDD3}:.The current ,~,~- aTlQ~vable density 1S-r~J.28 dwelling ~ • ~; t~ ~ ~ units per acre ma:~imum «~l~ich falls : ~ ; ~ [~•' ., .- ~ { into" th~,'1~D~iF range. Proposal is to °~~ `~ ~ ~ t; . ~ F reduce tt~iZ~ensity to the current ~ `~. ~-'~ ~ ~' ~ ~ ' LD~fF--staY~ctn..rd~c~.f 12 dwelling units - ~ ` '~- ~~- ~` per acre; ail ot~ r compara}~le:.: - ~"~ / ' ~ ~ ' ~ " .. properties are also. eing downzoned -- ~ Y/,~ ! . ~app~axintately ttie sam ercentage ~ .•~ ' .. v- ` s{. -- .~ l .:. Page 3 Summ~.ry of Zoning Amendment.ta Implement Growth Management ~ August 30, 1977 ~' The folloeving chart indicates a~.lowable and proposed nc~w densities within SDD3: EfNf;1t~L DL~S 17Y pLA~ ~~ AavvEeprrnt prrianP~TMet 0~+cl+~t~••~o}• ~ Snl ire, a ar.., a Trra ~' ,..._IS!L • Pa.rlop,eEa llrra 7.0 acrac 5 aer~~ / ~•~ .°r.. 7.59 +era ' ~ kaa lnu+ annD+f `'1~'~I ao A.vLlln~ ~ ~e 236 ~~ ' eta M ~x Oal[e per acra y 7a IS- 13.71 ~,:. lrapn•e0 +etnan . awa..r,.t . +elrtnr +nlt• ax 71 !7 fl ~~ /~Pr9rc.aea ue les - / Aer acre 14 ll 14 17.0 tea: Our general xeco~~merdat ion has been ~o--not xeduce GRFA; however, we beJ-ieve this SDD warrants anathe~'~l,ook as the allowable GRFA in development area B is .50 which~~is~very c1os~%to HD:~iF. The GRFA for areas A & C is .35 which doesy.not pose a particular pxoblem, // ~... b. Vail Village In (SDD6) -The allowable density 'is in~~tvith proposed. reductions. J ~7 c. The Mark (SDD7) - The allowable density~.~' . ~ -.is approxim~ ely h units per acre. -~xr~excess .of the propos~ reduction. At~~ time the ~.~" _. Mark was being co sidered,~t~l~e proposed ~-~ ~~ ratio for calculating ri•sity was 2z ~,/~~ accommod~.tiori units.--~q``reach dwelling unit, ~~ ,~ this has now be~xr~x~edu~ed to 2 which creates ~~ the excess..-T~iis is an~ project which must be e~onsi eFed separately ~~is it worth . a11ow• g appxoximately 21 excess un~.ts to et a much need Town Convention facility private expense? B. ~ PROPOSED DO~Y~IZONTNG OF SPECIFIC PARCELS - A number .of parcels have been selected to be downzoned. The folloEVing chart and map locate the parcels and give information about each: ... ., •W t3 n F-•+ . . . . . . . . . r ... ;~ c't W U! fD iV 9E ' ~1 m or•cn m b~C ~~" wr w ••ar ~d ~ ~s. h7 -~ LV4 ~ ~ ~~ N }Y q'! rF U} w• O ~ d ~ Q ri ~ O A~ P~ • ~i ~' r• ~ F~ O 3 ~ ~ W cR 'C O uq • s+ ' c+ r+ p. rF fl ~i O N• ' s e~ ~' ~ c7 r• x ~i o cD a C o ~ ~ o o x Ui ~ m cn t~ u~ t~ u~ ~ ~ c~ c . N t1. ~ K ~~ ~-n M• o N• w• ~-- ~ ~ ~ m ~ cn . -~ . C~ fA Ul r-i lV QR N 4q F' ~' W fI1, ~i M -^J U} O 'ad ~ ~ .'~ W ~i ~ C H'• W O N O N N rA N• G A~ 'C ~ !~ ~' !-•t .. r• o o ~ ~s .~ w . ~ ~ ~ ~ ~ .. ~ m ~r ~ ~ ~• ~ r• C~ ~ (~ ~i {Iq -i kb• • ~ W rt W Cft W U1 U] W O fD p a' M ~ ~ ~' w w M• ~ ~ ~ x x c~ ~ ~ ~• ~ -~ ~ ~ ~ va ~ m to ~+ r r+ x x o s~ ~+- rn o ~~ dcn ~ a ~so~~ ~ N `Cf Ut '~ Q • .. ~ ~ N• ~ F~ ~ ~ W ~A CO ~ O Cri ~P i •~ O Lfl K ~] ~ (D r• ~ cD ~ ~ ~1 0o rn o ~ ~7 lD W ~G ~ ~ f~ ri (ll W ~ .~. ' ~ ~ roc w ~ o ~ o~ ~ r r r r ~ r r ~ r ~ C+ ~ ty ~~ ~ d n Na n ~ z~ e d d d d a d M ~1 CD w ~ ~ r`~- ~~. .~~' w C3 .tea r• .~-~. F.,. ,~-+ 0~ rs co ~ x a~ n ~ ~ hi ~ ~ -~ ~ ~ ~ .. ~ ~ ~ ~ z r. O O O U1 U! ~ sJ ~ a N . ~ ._ ~ H Gs' p. o r •~• r n • , g ~ , ca a ,~ ~s t+ ~ ~ az ~ t~ M r• ~ K ~ ~ 0 3C ~ - _ O _ b . _. _.-.. - -- - - w o ~ ~ ~ A~ U] O F-+ N W P~ O OD ~••-~ ~ ~ 'C3 G7 C~ CO *~. . ~N, cfi U) ~ Oo 61 00 N ~S O W Co 6) _ O 47 ~ - •3 -•~ ~ ~ '~ ~ ~ - H ~ ~r +i~ N _ _~ _ U~ ~( D~ o ~ a. . o' ~~ a ~ w~ - - .~SUCDO _ _ _ b co ~ ~ ~. ~ n • ~ n ~ ~ -~ n ~ n ~ ~ ~ o o o ~ t~ d • - ~~~~ R.. ~. ~ ~ ~~ _ cr r• ~ - - - ~ ~ r+ -p w sa a ~ o w oo ~ ° ~ ~ ' crr•~ • o ~ cn W _ ... _- . . a~ O ~ b ~ - - ~ - - ct~ ~• ~O~ ~ - ~ - x c D ~ *i ti ~ z~ ~ ~~ o ro o ~--~ o' a N o w cs) rn --f a H ~1 O C~ ~t W d ~ (D C '~ 'x' ~ O Ps ~ Q~ ~' C1 ~ a~ ~ • ~R.~m aq r, ~+. . o~ ~• w ~ " • cU r• K ~ ~ , ~~ O F-' ~ Cj +-S r• ~ N U! r• ~ p, tnwc:r• ~o~ • ~m b .'] r. b 0 O W d o - b7 N t~ id iF N N N. N N N N 1•~ W, ~, .. ~ '•!(• - CJl +' ~ W [V F'•+ O Cfl 00 'J 6i' ~ U1 ,P W ~ ~ Q ... ' ~ an c c c c c ~ r,~ c ~y r ror ror ~ r +~r ~~ . N w w ~ Iv m ~ ~ ~ ~ tv m ~' ~ o O a o a >~• O w• a ~ t~ * w Qn o'4 w• w• . r• w• w• o - o w• $ m A y^ rr ~ rt ~+ ~• ~+ ¢. ~+ ~ ~ n ~ ~ ~ ~ ~ w ~ n o ~ " r a o o~ x x era -••~ ~ 9~ ~ w ~ az m ~ ~~ o ~s ~ b c c c ^ ' c -•3 • Q ~ o~ o~ I I ~ L7 G O w• w• N• w• •~ N A7 w• N ~ ~ -~ ~.-J ~~ F••r ~••, --~ w ~ ~ ~ ~ ai ~,~ ~ ~ ~ ~+ w a ~ - ~ ~ O Q~ A~ Cd A~ - r r ~ ~ = - ~ ~-•~ ~ x s~ r a. .~ o ~ ~ ua ~a a o ~c ~; r-~• a. ~• n ~' n . w• w• ~ co c~ o o ~+ ~• ~. ~ ~ ~' • ~ ~ a o o' 1 b v, to W ~ 0~3 ro N ~ p C's ~ rz ~ ~ N ~ W ~ ~ ~ m ~ f11 M --+ ct ci• c-h ct ~ }••~ ~+ 4~. O 1~ ~ I 1 ro rn. a o ~' ~ ~ a i i .oo w _ 0 o m I w• w w• >J• ~ .. r~ ~ ~ r+• t--~ ~ ~ ~ N• W W N U! ~A Cft w• N• M• w• c c -,~ ~ ~ :~ ~ I ~ ~ ~ ~ ~ F~ P~ 79 cD ~ ~ C9 Cfl N C3'+ ;ia ~ , I 17 dQ Uzl ~ tlq ~ N ~' CO F-' W ip 'U I ~ I ~ A ~ N N N ~ i ~ C37 I •~ I--~ CJd N W ~ 0 a . m w ~ ~ ~ -J w ~ ~ •~ o ~ G d O lD O x' O a rna D'R r+ ~ -n r• cn c~ n cl- b b C 1 d ~ ~ I ~ I ~ I ~ ~ ~ ~ ~ ~ =J ' ~] trS ~ , _ Z ~ N O O I O y c D w • I ~ cA ; ~ 'd ~ J /~ ~ ~ ~ ( ~ J ~ 1 t ~ O O H ~i ~ w• N ~° _ (n ~ ~ m G p. ~ rn N ~ ~--~ C w o cn I o ~ m cs' cn o -A oo H ~ U~ O G W ~ Q.. w• . ~ ' >a• un o r-' o ~ ~ to ~ ~~ ~ • W }i ~ (!~ f6 fD O Fl7 n x ~ o I -•s I ~ ~s ~ ~ a o ~ ~ s~ sa. m • }i U! . rIt }.,. - N p, • (D W G ` , G ~ W ~ W ~~~ . c•k rt ~ I•~• ~ y ;~ W ~ ~ n G . ro ~ ~ ~~ . • ~ o o w v' H ~ y~ rt U) d p ~t- • •x- ~ Cs" . (~ . ~- M H C!1 . ^r' C~ tli Tr~y/~ Vl ro O b 0 d N O t3j ~. t~ d ~~ ~ _. MEMaRANDUM . Ta: Town coahiclL FROM: PLA~2hrIidG COM~•3TSSIONIDEPARTh1ENT OF COMMUNITY DEVELOPMENT DATE: NOVE;•1DER 1, 1977 RE: RECO~r1i~1ENDATIOhrS ON PROPOSED ZONTI~G AMENDMENTS AIVD DOwN ZOrVTNG. The fallowing is a summary of the Planning Commission meeting of September 29, 1977 and recommendations of the Commission to the Council. . ' fiesolutian No, 1 of the Vaii Planning Commission was approved which adopted Phase .I of the Comprehensive Plan and by reference the maps and all documents to which the maps refer, as well~as recognizing the Report and Recommendations of the Growth Management subcommittee. ~~ ~ The Planning Commission then unanimously approved the Zoning Amendments .. outlined in the attached memorandum. Each parcel proposed for down-zoning was~then considered individually: 1. Racquet Club (l3 acres} Proposed Rezoning: Reduction o.f units. Maximum units current zoning - 39fl units, :aunty approval 36.0 units Maximum units proposed - 247 units Planning Commission recommendation - Maintain h7DNiF with 247 units total' maximum. Walter Kirch proposed to the Planning. Commission that they consider his remaining undeveloped land and a proportional share of the land used for recreational amenities at the 'pro posed MDh1F maximum-of 18 units per acre or a maximum of 247 units. This represents a 30% dawn-zoning for 'the balance of the proposed project. All members were in favor with the ,exception of Mills.. 2. Vail Investment Properties (6.4 acres) Proposed Rezoning: LDMF to RC Maximum units current zoning -- 76 units Maximum units amended LD~1F - 57 units Maximum units proposed rezoning - 38 units Planning Cv,mmissian recommendation - Rezone to RC Craig Folson was present to abject to reduction in density (letter attached}. The Planning Commission voted 5 for and Ron Tadd opposed to the rezoning. . 3. Gore Range.II .(-7.971 acres, approximately 5 acres buildable) Proposed Rezoning: LDh1F with 50'units maximum to RC MdxinEUln units current zoning - 60 units Maximunti units amended LDMF -•54 units Maxintuin units proposed rezoning - 38 units . .. .,_. Page 2 Recommendations on proposed Zoning .~ Amendments and Down Zoning. ~ ' Planning Commission recommendation - Rezone to RC Bob Warner, representing the owners, notified me to inform the Planning Commission that he has ~rrithdrawn his.employee housing proposal and that they could proceed with the dawn-zoning to RC. Planning Commission voted unanimously to rezone the parcel. 4. Jackson, Cook, Zabinsky X3.0 acres) Proposed Rezoning: LDMF to RC Maximum units current zoning w 36 units Maximum units amended LDMF -• 27 units Maximum units proposed rezoning - 18 :~nif.s Planning Commission recommerdation - Rezone to RC Cass Zabinsky was present to protest the proposed rezoning. After a lerigthy ~~ discussion, all of the Planning Commission except Ed Draper voted to reduce the density to RC. Mr, Zabinsky later requested that the Planning Commission reconsider their vote in light of their decision on the Weisen parcel.; the motion was defeated unanimously. 5. Lots 2 and 3, Block 8, Bighorn Subdivision 3rd Addition• (.255 and .419 acres} Proposed Rezoning:. LDr11F to RC • 'Maximum units current zoning - 8 units . Maximum units amended LDMF - b units Maximum units proposed rezoning - 4 units _ Planning Commission recommendatin - Retain LDMF Erika McCall was present representing Vail East.Lodging.~ She pointed out that~Vail East had already vt~luntarily down--zoned two of their parcels to. agricultural and ti~rould like to retain the possibility of developing five or six units on the subject property. The Planning Commission voted to retain the LDMF zoning with Sandy Mills opposing the motion. b, Lot 6, Block 2, Vail%Potato Patch. (3.91 acres) Lot 34, Block 1, Vail/Potato Patch x.997 acres} Proposed Rezoning: hIDf~IF to RC ' Maximum units current zoning - Lot 6. -.1i7, Lot 34 .. 29 Maximurn~ units amended f~iDMF - Lot 6 - 70, Lod 34 - 17 ' Maximum units proposed rezoning - Lot 6 - 23, Lot 34 - 5 Maximum units proposed compromise- 1_ot 6 - MDr~iF 0 units maximum.; ~ ~ ~ Lot 34 - r~10r1F~3 u n ~ t s .max i rnum Planning Commission recommendation -accept compromise Page 3 Recommendations on proposed Zoning Amendments and Down Zoning. ' i I ..,• , . Jay Peterson was present representing.the owner; John Kali, Ne requested the Planning Comr~ission to retain the MDMF' Zoning which permits .35 GRFA as apposed to RC at .25 GRFA and limit the unit maximum to 30 units on Lot 6 and 8 , units on Lot 34 to allow large luxury units. Peterson further proposed that Hall would be s4riiling to quit-claiEr~ to the Town of Vail his right to develop recreational amenities and a tram~~:ay on Tract C (adjacent to Sandstone Tot Lot). White, Abbott, Drager and Todd voted in favor of the compromise with Hanlon and Mills voting . against. 7. Belinda la'ard Weisen (1.5 acres) Proposed Kezoni ng: LD~`iF to RC Maximum units current zoning - 1$ units Maximum :nits amended LD~~1F - l3 units Maximum units proposed rezoning - 9 units Planning Commission recommendation - Retain LDMF Ms. Weisen was .represented by Jay Peterson who requested the property remain at LDMF since it is located between the Racquet Club and Timberfalls. Mills made a motion for rezoning to RC which was seconded by.Hanlon; 1"add, Clrager, and Abbott voted against; motion for rezoning failed. S. Lot 7, Block A, Lionsridae Filinq~No. l (1.234 acres} Proposed rezoning: LDti9F. to RC Maximum units current zoning - 14 units Maximum units amended LDMF -~11 units Maximum units proposed rezoning - 7 units' .Planning Commission recommendation - Retain LDMF Gary F1'an.ders, representing the new owners,•was present to protest the proposed reduction in density and to request the property remain LDh9F because of its location directly adjacent to HamestaEce. Planning Commission voted unanimously to retain the LDMF' zoning. 4. Lots 1, 2, 3, Block 3, Bighorn Subdivision 3rd Addition Lot 1 - .800 acres, Lot 1 - .937 acres, Lot 3 - .732 acres) Proposed Rezoning: LDMF to RC Maximum units current zoning _ Lot 1 - 9 units, Lot 2 - ll units, Lot 3 -~8 units Maximum units amended LD~rlt= - Lot 1 - 7 units, Lot Z - 8 units, Lot 3 - 6 units Maximum units proposed rezoning - Lot 7 - 4 units, Lot 2 - 5 units,,Lat 3 - 4 unit: Planning Commission recommendation -Rezone to. RC ' -__ ~~, Lat 1 is owned by Jakob who has submitted no written protest.- Mr, Bill .Luke . who owns Lots Z and 3 called in a protest at 5:00 P.M. the day of the meeting. Our staff has since met With his attorney. Planning Commission voted unanimously to dotivn-zone all the lots to RC. ' .. •. .. .. .. ... .. _:. .... ~~ 1 • Page 4 ~ .. 'Recommendations on proposed Zoning ..; Amendments and flown Zoning 10. Lat Z6, Slock 2, Yail pillage 13th F'ilinq (2.891 acres, 2.43 acres buildable) Proposed Rezoning: LD,'~F to RC Maximum units current zoning - 34 less hazard 29 units Maximum units amended LDMF w 26 less hazard = 21 units Maximum units proposed rezoning - l7 less hazard = l4 units Maximum units proposed compromise - LDi~iF/16 unit maximum . Piannina Commission recommendation -.accept compromise ~ ~ , Abe Shapiro, the owner of Lot 26, appeared before-the Planning Commission to present his proposed compromise, which is a 55% down-zoning. The Planning Commission voted unanimously to recommend the compromise of~retaining LDMF' with a l5 unit maximum. il. Lot 7, Block B,Lionsridge Filing No. 1 (1..541 acres) Proposed Rezoning : LDi~~1F to RC . Maximum units current zoning - 1$ units Maximum units amended LDMF - 73 units Maximum units proposed rezoning - 9 units planning Commission recommendation - Rezone to RC ~.RB submitted a site plan showing 18 units prior to the hearing which • was disapproved due to lack of required drawings for zoning approval. On October 25, another set of drawings Uras submitted for zoning approval. These contained sufficient detail for preliminary zoning approval; however, these were disapproved because ORFA was in excess of allowable and insufficient separation between buildings • was provided. Planning Commission voted unanimously to rezone from LDMF' to RC, 12. Lots 3, 4, 5, 6, 7, Block 1, Bighorn Subdivision 3rd Addition (Lot 3 - :442 . acres, Lot 4 ~ .442 acres, Lot 5 - .497 acres, Lot ,S - .702 acres, Lot 7 - .822 acres) •~ Proposed Rezoning: LDMF to RC Maximum units current zoning - Lot~3 - 5 units, Lot 4 - 5 units, Lot 5 - 5 units, Lot 6 - $ units, Lat 7 - 9 .units=`.':;~':~• Maximum units amended LDMF -' Lot 3 - 3 units, Lot 4 --..3 units; Lo~t•~ 5 - 4 units . .~Lat 6 - 6 units, Lot 7 - 7 units Maximum units proposed rezoning - Lot 3 - 2 units, Lot 4 - 2 units, Lot 5 -~ Z units, Lot 6 - 4 units, . Lat 7 - 4 units ' Planning Commission recom~endatian - Rezone to RC Lots~3, 4 and 5 are awned by Everting from whom no protest was received. Dr. Brunt. the owner of Lots 6 and 7 phoned in a protest after the Planning Commission hig and has. now submitted a written protest to the Council (copy attached). Planning Commission voted unanimously on,a71 Tats to rezone to RC. ,~ Page 5 ~" Recommendations an proposed Zoning .` Amendments and Down Zoning ~ ' • 13. Lots 1, 2, 3, Block 7, bighorn Subdivision 3rd Addition {Lot 1 - .526 acres, Lat 2 - .430 acres, Lot 3 - .430 acres) Proposed Rezoning: LDMF to RC Maximum units current zoning - Lot 1 - 6 units, Lot 2 - 5 units, Lot 3 -~ 5. units, Maximum units amended LD~~iF - Lot 1 - 4 units, Lot 2 - 3 units,-Lot 3.- 3 units Maximum units proposed rezoning - l,ot 1 - 3 units, Lot 2 - L units, Lat 3 -- 2 units Planning Commission recommendation - Rezone to RC Lots 1 and 2 are awned by Kidder and Lot 3 by Simpson neither of whoa protested the doUrn-zoning. Planning Commission voted unanimously to rezone the Lots from LDMF to RG. . 14, World Savings ar,d LoUn {6.73~3).~ Proposed Rezoning: f~iDf9F/with 97 unit. maximum to LDMF Maximum units current zoning - g7 units Maximum units amended MDMF - 97 units _ Maximum units proposed rezoning - 60 units - Planning Commission recommendation - To LQMF Walter Kirch, who has exercised an option on.the subject property, indicated that the proposed rezoning appears to work with his plans far the parcel. The Planning.t;ommissian voted unanimously to rezone the land from LDMF to kC. . Lots currently zoned fnr Two-Family Residential (duplex} are proposed for rezoning to the new zone District Primary/Secondary Residential. These are listed betow by neighborhood: ~ ~ ~~ 15. New Pulis Subdivision -- Lots 1-21,~.Vail Valley 3rd Filing. These lots already have a covenant identical to the proposed rezoning. 16. Mill Creek Circle - Lots 1-1.9, black 1, Vail Village 1st Filing. A written protest was filed•by Fred Lazarus III, who o~~rns Lot 1. ~7. Beaver Dam, Forest and Rockledge Road - Lots 1-47, Block 1, Vail Village 1st Filing. . Lots 1-6, Block 1; Lots 1-~0, Black 2; Lots 1-6, Block 3; Lots 1-5, Block 4; Vaii Village 3rd filing. 'There yvere na pro.test5 from property owners in this neighborhood. 1$.' Lower Forest Road - Lots 1-15, 81ock 1; Lots 1-8, Block 2;-Vail Village bth Filing. .~ R written protest was filed by William P. Sheppard, tl~e owner of Lot 4, Block 1 on which is constructed a presently non-conforming duplex.. 19~. Golf Course Area - Lots 1-4, Block 4; Lots 1-6, Block 5; Lots 1--.14~, 81ock 6; Lots 1-3, E3lock 7; Lots 1-4, Block 8; Vail ~V~il~age 7th Filing• Lots 1-10,,81ock 1, Vail Village 8th Filing No protests were received from this area. '• page 'S ~~ .. . Recommendations on proposed Zoning Amendments and Qown Zoning . 20. Potato Patch -tots I-33, Block 1; tats 2--5, Block 2; Lots 10-12, a IZesut~division of tat 7, Black 2; Vail/Potato Patch. Lots T-7, Vail/Potato Patch Second Piling, a Resubdivision of Lots 1 anal 2, -. Vail/Po.tato Patch. '• Property owners did not object to proposed rezoning. 21. Bighorn - tots 1-16, Bighorn Si~bdivisian Second Addition. Lots 1-b, Qorwick Subdivision, a Resubdivisian of Lot l4, Black 4, Bighorn Subdivision 3rd Addition. Lots 1-S, Block 4; Lots 1-19, Block 5; tots l-g, Black b; tats 1-20, BTack 7; Bighorn Subdivision 5th Addition. No protests were received from atvners in Bighorn Second Addition. 1'he Borwick Subdivision was approved with covenants sir~ilar to the proposed new Zane. One written protest avas received from Colonel Browne who owns Lot 9, Block 5, in the 5th Addition. Planning Commission voted unanimously to approve the rezoning of each lot enumerated in Items T5-21 from Two-Family Residential to primary~JSecandary .~. Residential. Total density reduction as outlined in tarowth Management Subcommittee report -- 447 units '• 'total density reduction as recommended ~. by the Planning Commission - 440 units There is no "scientific" way of calculating the population reduction for the Primary/Secondary rezoning, but we are confident that it will have a positive effect due to the smaller size of the second allowable unit. ~. Y .,+ C. CRAlG FOLSON ATTOFIN[Y AT LAW su~rE 2ea~ 2001 BRYAN TpWER pALLQB. TEXAS 752[71 ' . September. 28, 1977 Planning; Commission Town of Vail Vail, Colorado 81657 TELEPHpN~ (21~t1 742-197.'3 Re; Vail investment Properties 6.4 acres - Bighorn Toned LDI~IIF • Dear Planning Commission: I partially own and legally represent all the owners of 6.4 acres in the Bighorn area of Vail which is referred to as Vail Investment Properties. I strongly object to a reduction in densities concernizig this property from LDNiF to RC for the following reasons: l} Economic Hardship This property was purchased a.n December, 1973, far a purchase prase of $20,x,000. When prior annual 'payments and obligations are added to the principal. balance owing on the property, the new cost in the property becomes $295,347. With 77 units presently permitted on this property, the per una,t land cost is presently $3,837 for the investment to break evezi. If the densities, are reduced to RC (6.units per acre} a total. of 38 units would be permitted. This means we must sell the property for $7,772 per unit to break even and not realize any profit. My studies show the current market price per unit for comparable land to be $5,000 per unit. IF we sold at $5,000 per unit, we would suffer a $99,792. loss. I woua.d hope the Planning Commission would consider this undue economic hardship azzd leave present densities in effect. 2) Paving and Road Special Assessmt~nt The owners of the 6.4 acres are currently obligated to pay the Town of Vail $19,847 n.s a spec i.n.i assess- ment for paving and road improvements made in the Bighorn area in 1976. This assessment was based on ~~ zoning far 77 units and the Town of Vail should honor the present ?7 units just as we intend to honor the $19,847 obligation. To do atherwise is neither equit- able nor fair. . 3) Intent of 't'own Counca~l As a condition to annexation of the Bighorn area.; the Vail Town Council promised "not to cause economic hardship an a property owner or developer, provided that the public health, safety or welfare are not jeopardized.'" To reduce the density an this property is to clearly cause undue economic hardship as has' been shown previously. 4) Failure to "Down-Zone" Equitably Twa (2} parcels in the Bighorn zoned MDMF and per- mitting 264 units have not been included in the re- quested down-zoning. Our 6.4 acres is less than 100 yards from one of these developments. The failure to do~vn-zone all parcels goes against the intent to be fair and equitable as the Town Council promised. I submitted a proposed development plan to the Tawn of Vail. in January, 1974 and I agreed to reduce the proposed 190 units .to 144 units. In l~ovember, 1974, I again agreed to reduce the 144 units to the present 111 units. In conclusion, I strongly resent any subsequent reduction in the densities for this parcel of property. To da otherwise is. to cause obvious ecanomic hardship and to go against the intent of the Vail Town Council to be fair and equitable. _:.. Respectfully submitted, C. Craig Folson FREDERICK S.OTtO JAY K. PEtERSON JOHN M. BLISH QTTO, ~ETEHSON CgC $L-ISII ATTOENHYS A!T LAW POST OFFICE BOX 9149 VAIL, COLORAbO 81687 September 29, 1977 Diana Toughill Zoning Administrator Town of Vail P.O. Box 100 Vail, Colorado Dear Diana: } yAEL f+ROFES510NAL 8li1LDING [303 476-0092 WARNER PROF k'5SIONAL BUILDING {3C 3) 849-5380 Pursuant to our conversation this week, I am formally notify- ing the Town of Vail that Belinda Wiesen is contesting the rezoning of her .l ~ acre parcel. of land adjacent tc. the Racquet Club in Bighorn, Eagle. County, Colorado, The reasons we're contesting the down zoning are as follows: l.) The property is located in an area where the unit density per acre is much greater than your proposed rezoning of this property, 2) The owner 'of the property has relied on the present zoning and will suffer monetary damages due to this rezoning. 3} The property was zoned approximately two years ago and circumstances, have not changed in.such a manner as to justify the down--zoning.. We are not only contesting the down-zoning to residential cluster, but also the reduction of a~.lowable units in the Low Density Multiple Family Zone. ' If you have any questions regarding our position, please contact me at my office. Sincerely yours, OTTO, PETERSON & BLISH JKP:pf cc: Brent Manning By: Jay K. Peterson t Dr. & Mrs. Aldo R. Bruni 550 Meadow Lane Barrington, Illinois 60010 0 ctober 23, 19'77 Town of Vail Department of Community Development Eo x 100 ' Vail, Colorado ~1b57 Dear ti?rs. Tou;hhill, *F T am wri~*ing this latter, because ~" will not be able to attend the nub7.ic he~,rin~ ~iovember 1, and 15, 1977 r°arding the. proposed down-zoning of Pigharn Subdivision property. The purpose for this letter is to protest strongly against this pro paced deval~xatton of this property, because T firmly believe this is very unfair and unjust. . 1 bought this property appr. lO years ago through a legal contract which assured me this was a commercial tract of land. 1 spent a considerable amount •of mone.y and time Frith the sole purpose of developing this property. About nine years ago 1 invested ` X8,000.-- with Mr. Krabacher, an architect, in a set of construc- tion plans for a 75 room lodge plus ?restaurant, This unfortunately did not materialize due to~unexpected diffuculties. .At a later date I contemplated a multiply unit complex of the Tyralian style, but because the structures were A~frc:me the pro~ect•and the permit was denied by the Eagle County Development Cox4 The structures, a.ecording to them, did not fit the Vail architecture. This was again a discouraging factor and I decided then to sell it, and it was placed in the hands of local Realtors. The property however ' did not se11 because at that time it ~•ras undecided where T 70 was going to be. The problem of the highway finely was sa]~ved: It dire not gp through my property. ?~iow lucky was 1......... , . The property then went back in the hands of the re al tors w~.th a reduced price tag to incourage buyers. ~Io~ver the trenching of the sewer line and • the mess ].eft by the interstate together with the first downzahing by Vail discouraged the possible one or two prospective buyers. The property now has been in the hands of Realtors for over six years and recently I even lowered further the price asking now, for aver two acres of land zoned for. ln' Condom~.nium Units, a rediculous =`~~,000.00. Even at that prime l had no .reply so far. Now if this property should be dawnzoned again, 1 will not be able to get half the amount. Posed an these,facts 1 strongly protest against this new proposed down zoning. You understnad it is not necessary the property l am tryi~^ ~ to pro to ot, because fundamenta~.ly it will e no t effect my finatec9.a1 status, but it is the principle behind it I am defending. 1 feel, a.s.:a property owner, that my rights are considerably vial.ate,d~, :;especially ifj as Amexioan Citizens, we believe :in the gory titut;~.on of the USA. ~ . 1 ~ 1 ~ • ~ Ar. & Mrs Aldo R. Bruns 550 Meadow Lane Barrington, Illfnois 60010 J ..* paced on this dust principal e, let me ask you one question; "How would any ~rroperty awrer in Vail .proper feel. , if Dome-- ane ~roul.d i~ po se them to rent aut only half of their ~o tel- or Gondom~.n; am rooms in order t~ keep the population of VAiI Village ~ as l.ow as po ss.ible i'" I. as sure the answer would be justly desastreous and rebellious. I can assure you my feel~.ngs are the same regarding your new down.-zoning proposition. I have been dealing with Vail since the very early birth of the Vil~.aQe , infact t~rhen Vail was only an emb °io in :the field of s'~iing I invested substantially trusting in the success of the organization, and I am. sure, Peter Seibert can verify to this fact. , I am not here to askar to tell. how to run the Village "of Va3.1; but if' Vail is 3,nte.rested now in controlling the population ex~olosion, why didn't the civic leadersof Vail, think of this before by stopping construction of sky s~~raper-type buildings, ono shadowing that' other as it happened in Vail. proper and in Lionshead; . ~ow~.~hs'~eadt they think of devaluating small . parcels of land which have not even startett to rise Pram the ground in order to control the pa~ulatian growth. I think what I am saying has a lat of sen se. However if Veil has intentions of :controAing this preocupp~irig population growth, let it happen on the village expenses only and not at the expense of the outside ,property owners. In this case I am willing to se11 my lots '~ Vail at a fair market price-and then the Village can do all the controlling she desires with my blessing, wishing her a prosperous ~"uture as r#;e has had a g1nr~~ous past. But xf Vail should decline my offer to purchase the property, then please don't under- tone it. I sincerely and deeply appreciate your understand~.ng and cooperation, since I firmly believe it is a fair request from my side. . Sincerely ours,l .__..._. `~ ~ Al do R. .Bruns M. ~. _ :,-: - - Hileie and C. `Bruns " . ' . MRS. LENNART RINGQUIST 177 cove RoAa QYS~ER BAY, NEW Yo~tK '~ 1771 Ms. Diana S. Toughil7_ Zoning Administrator Town of Vaii Post Office Box l00 Vail, Colorado 81.657 Dear Ms. Toughill, Szptember 15th, 1977 Thank you for your .letter of Sep1~ember 7th, containing the proposed zoning changes that apply to my residence at 31:5 Mill Creek Circle. I concur with the Committee's goal of re- stricting the ultimate population and think that the proposed regulations are fair. In attempting to translate the development standards of Section 3.500 to my present house and site dimensions, I find ~,~ that Z do not have a copy of the regulations which set forth the gross residence floor area (GRFA). Could you please send me a copy of this rebulation? Z have, at various times, tried to work out a reriodeling of our house and have been stymied by the changes in the zoning laws since the house was built in 7.962. Our house was built before the road was 1.acated in its present farm. Do you have a map of Mill~Creek Circle showing 'the roads in their final location in relation to the houses or, specifically, my house which is Lot 2, Block 1, First Filing? I would appreciate any help you could give me and will pay the cast of reproduction of the appropriate materials. As you can see from the enclosed plot plan, the house was intend- ed to be set well-back from the road. I think it now sits with the front porch actuary in the right of way. One last question, who's answer Z assume is obvious; most of the houses in the proposed rezoned area of Lats 1 through 19, Block 1, Vail•Village, First Filing are already in existence. Will the new regulations, -therefore, apply only to any changed use of these house sites rather than force a conformation on the pre-existing structures? Thank you far your help. Sincerely, ~` ~., ~` ' ~ ~ Helen Tweedy-Ringquist HTR/rss Encls. bax 3 00 va+I, cofaraclo $1657 (303) 476-5613 Mrs . }•1e1 en Tweedy Ri ngqui st 177 Cove Road Oyster Bay, I~le~rr York 11771 i ..~ office of the, town manager September 19,,1977 Re: Lot 2, Block 1, Vail Village 1st Filing Dear ~1rs. Ringquist: The maximum gross residential floor area {GRFA) proposed for the new Zone is the same as that currently allowed. Rather than Send you an unreadable ordinance, the allowable GRFR is .25 x the lot area or 3,021 square feet of habitable area. The o1~ly new restriction is~~that if two units are built, one unit may be no larger than one-third of the maximum GRFR permitted on the site. All other regulations, spch as setbacks, . are as stated in the packet you received. I am enclosing a Xerox copy of the Mill Creek area which is a fairly accurate representation of actual road location. Preexisting structures that do•not conform to the new regulations will not be forced into conformance, but changes in usa or structure must conform. If you have further questions, please feel free to contact me. . Sincerely, ' DEPARTtr~E~lT OF COMMU Y UEVE!_OPh1Ef~T ~ f. r Diana S. Toughill . Zoning Administrator ..ax { 1 1 fi £L. 3 DST/di . Enclosure ~.c~ 2G •rall ,Fzr Lhc~ 13 ~TL~^~~ , ~~ ~z~ 5 ,')hen I purchased this property it was zoned LiJi~;:~', having a lane. area of 2,~?0 ~~cres of 125,9,5$. srY. ft. under LDItiF` zaninL 125,958 sq. :~t. divi~~ed by the 3,50QC sq. ft. criteltia allows 35•}~=~~ uniL-s. Under ~_Ju:i' zoning based on G,~x~~ there would be 43.{35 units a11o~.FF`,7.e. 'ire existing; zoninz; therefore allav~s3S.93:~ units. vpproxi!raa~eLy :.:arch of 1977 vre were advised by Diana loughila. i and dim :~a;e~ant th~~.t the totivn was in the process of developing a i new zoni.nt- or^ina_nc,° vrhich amoung other things would eliminate fram {, the usable c ;1_culable land area, any land aver 4t3 grade. ~de immediately i started discussions with th~:we rseople representing the Town and 'had mar~~~: • ~' detailed meetings which concluded in Diana ordering Vail Associates tc produce a ~„ap which vrould show the area left on this lot which was affected by the 40~~ grade. During ail of these dzscus~ions there was not any indication whatsoever that this lot would have anything but the existing I,D:~•' zoning. t,fter i~iana received the map front Vail Associates tive had further meetings which determined that the usable area exclusive of the 4~4~~ area was equal to 1Cj,488 sq. ft. which according to LD;:~ zoning; would allow 29.16 units of 1095 sq, f~t. GRFA each. As Diana T ou~;hill and ;; irr~ Lamount knows , we agreed t o start our conceptual 4vork and planning on the basis of 2p units, not 29 units to be developed on Trot 25, each having; a ~RFA of approximately.1S50 sq. ft. , with a plan for lfl units to 73e started in tfre Spring; of 1973 and the remair.in~; 1D in Sprint; of 7.979• ~~e kept ir. constant. touch with i`he 'L'o~vn of Vail as to the status of this new ordinance practicall;;' on a weekly basis, se that there was no question that we would be permitted to build the 2Q units an this lot. 'this already represented a downzoning; of 44.4~,~. Cn :~ept. 2, iy77, after our usual contact. with Diana on the . zanir.E; ordinance status we yore told for the very first Limo that the Council ~•vas considering; chan~;isrg this lot franc I,Drr,E' to RC zoning. Cn the basis of RC rather than LD.;s~ the would ht~ve less £YR~'fl ability r'~~ ~'; e 2 ~ Oi2~ . LOi 25 Vi~IL 'ISI=LAC~, 13 r ilinaY, VArI, i ~. ,, (L1~.~:P' permitting .30 as compared to HC permitting .25 CRr'A} , and in addition oar zonin ~vould nou° tie reduced to 1~.j8~ units .From 20. units. .`:e think thi. is unfair and unr4asonable .from a GRr~ reduction point of vie4•; a~.d f`co^: t'r.e nu,r:ber of units point of view. .ie belie:ve that uYi.:er some circuristarces the down is on the right trac~ in down 4oning certain heavy uensity parcels and we can understand it whez'e parcels have exceptionally high unit nu~~bers and~~r the :iDc.~x` and ;::il:,.F zoning. sae don't thini~ its fair or reasonable to zone LDr.,r and ~ C zoning .to Uomethir.& less than the existing zoning, because its so low already. Lased on the wore that we have done and in ardex to ms,ke the site we have economically viable to enable us to build a prestigious type of development that would be a. compliment to Vail, vae must continue our LDi,:E` zoning as it naw exists. However, in order to try and cooperate with the 2~oals of the ~o~rn we would agree to limit the, number of units under LD:'~.r` to a maximum of Z.6, instead off' 29 units or 20 units, which is 12 units more than would have existed under the ~2C zoning. -~. ~~. , '~,Je therefore request that they Manning ::nd ~oning board xecam~aend to the .~%:ayor and Council that Lot 26, Vail Village, 13th x'il.ing remain zoned 1:Di+;F but with a maximum density of 16 units permitted. Phis will represent a SS.S~%~ reduction in the number of units frorrs the present zoning. ~~re,,~~beli.eve at thzs rate this site is makkng more than it:~ contribution the do~r~~nzoning cau::~ ._ ~.~~.--~. .,. ..x»:.1._4._•., .. 'A,e_ ~ , , _.. .-.---.- .i........s..dw:..a.ri~v...•.~c.._:..._.wi~fw.n L'.,::.~t' :'~.t-.w _..ia.,•rw•.. i:.d .......~~...•...aw.., ...~«... ~ ~ ~ ~ . t ~..~» CERTTFTED LETTER • ~ .: • ~ ~ FRED LAZARUS ITI • ~. September 14, 1977 1 ~ . F ~~ ~ Ms. Diana ,S. Toughill Zoning Adaninistxatar - _ ': Town of Vail Box l00 f Vail, Colorado 81657 ~ Dear 1Vls. Toughill: i } In response to •~raur letter concerning the rezoning of many of ~~~-~- the land 'parcels i.n Vai1 Village, T would like to hereby state my objections to such an action. Tam the owner of Lot 1, Block 1, Vail Village first filing. The • address of xny house is 325 Mill Creek Circle. . ~ T don't think any of the owners in Block 1, because of the size of ~ their lots, can currently enlarge their dweli.ings appreciably, 'E However, the existing zoning might make the lots £or the houses ~' they are on mare salable at a later date than the .new restricted zoning, T don't believe the change izi the residential zoning, as it would apply to Black 1, can have any appreciable affect on the services provided by Vail Village, the ecology ar the environment. Therefore, Tam against the proposed rezoning in this area; namely my own specific lot: Lot 1, Black 1, and the rest of Black 1. Sincerely, i .•I 1 i I f i i t ,jl ~7~c2 rQ „, ~~ 1 ~; . .. t 7 ~ ~ ~~ `~ ' y~lA ~~ ~e+r+~ n7 w:~~~ AY~.. hox 1 QO vait, coEorado $1G57 cso~E a7G-5613 Fred Lazarus III 44~ Torrence Cincinnati, Ohio ~F2O2 office of the town manager September 19, 19J7 Re: Proposed rezoning of to': 1, Block 1, .Vail Village 1st Filing . pear Mr. Lazarus: - . Your 'otter i s correct i n assuming that most ref-the i ots on tai l i - . Creek Circle are currently built to the maximum allowable size. The :reason this area is proposed for the rezoning is that .the "Primary/Secondary.`: ~~ district reflects the current condition on most lots. ~?e are, in effect, protecting thE? property o>f~ners from redevelopment with "mirror image" . duplexes. Given land values on f9i11 Greek Court, it would not be out of the question for an existing residence to be tarn do~~rn or moved and a duplex buiit.in its p1 ace.. I personally fees that the new zoning could enhance property values. -~ Ii: you have further questions or comments, please give Eno a tali or attend~the~pubiic hearings before Planning Commission and Town Council. • Sincerely, ~- DFPfiRTh1~'NT OF COh1h#UNii'Y C~UELOPt~tLN7,,..•;~~~ -. ~` • ~_ • ~ .: ~* .~ piano S. Toughili ,~'~ . Zoning Administrator :~ gST~di ~ . ,.. • • .. ,... 'a.OxCN X.. T~'1.ER 982 SavTx ~AIRF~S LAlV'L Lxrrt.~,~ort. Cor.arcnna B©121 Oc~Gotaer 25, 1977 Oear :~semhers of the ,rail Town Coancil, _~, ~~ ,fie Piave received the letter to property owners from the Zoi~i.n~; r'~dma.nistx•ator concerning proposed amexzdmen~s to the Zoning Ordinance, etc. ~~Je.are particularly .interested in the pr.oposa.ls to downzone specific parcols of land. tJe are especially in favor of dawn.z.anin•~ the ;~3eaver 3~am Rd. and Forest ~~r~; area ~r~aere private homes have Qenerally boon one--farnzly residences. sde feel it ~,s ir~iportant to control the population .af the area because the streets are narrow and parking is lir:~3ted. ~le° certainly do not want to ;viden the streets so we rs~ust consider controlling the number. of cars which need to use those streets. ,. The homes aro usually occupied lay the owners and t3zeir families. j~e would l~.ke to i~eep that at:r~osph.ere. If residences can be Dept sma11 by zanin,g, perhaps we will be able to maintain th~.s reality. iJ.nfortunately some oversized. structures are heinU bui~.t na~,r. I~ wou3.d be nice to prevent that happening in the .future. We highly recommend that :the- Totrn Counc~.l take affirmative action on these downzoning pro;aosals. Thani~ you, r ErtA{ , .~~~ °~ u~ . 900 S, St. Paui Blvd. , ~ Midwest City, Oklahoma 73130 ~ , 1-a05-732-229. `^~ • ~~ ~. ~ • •~ September Z2, 1977 ''` . '~ ~~ lle~,,:. t.= ;-~r~u~:zty I3evt~lopment ~. F.O. .i;L~.. ~ ~'~ ~1ai 1, C;.}~. - ~ Y~t5S7 -, • To Whom 3:t ~s,= ~;~xz: I, William P, Shy;:, ~ '~'^ish to pxotest the down grading o£' I,at 4 t3K 1 af. 6th filir.` oa `;:.,. ,~*r590-£Oil_a ore5t }:d. Vail, Colarsdo} as this property h<^.s a3,read,~ _ ~,~~x an it, and .any down ;~•adic~n o~ zon3.n~ ;aou3.r1 only cause cc?r~:~~= *''•n the title, and could destroy the Loan value of th3.s prop.ert;=. I do not di5a~r~.e Gl~.~:i1 v~~c_ ., y,~perty being datan grr~c~ed ~~T~~ere this down Grading does not create _<. ~,lst~ip upolz its owner. ~~ ~. 4i ` il3:it~m P. Sheppard 50, 5t. ~'au3. • ~. ?sC City, o'~~.a. 733.30 .:<,~ F 4 ~+ .. P1 TM.'S. ~ii~~'?a S. "'OU6z'hil~. Zoni.nx E+~miristrator Office of tl:e town P~anager Vail., Colorado Dear ASs . ~'oughi 11; Sept. 13, 17l! ~~ This is in response to your letter of September ~, i9?7, ar~visinR that my pro~aPr.tV, lot g block $, bighorn Subdivision jth~addition, has been designated by your committee fnr "dawn- zonir_~r" from dut~le~r to a ±~ew primary/sPcon~iary residential. zoning; and that a hearing will be before the Vail Planning Commission on September 2g, lg~~. As a ?ember of the armed farces stationed out of state, l feel disadvantaared in that ynur September 7 letter (received September i2) is the first inkling we have: had that a re~zaning . study was in progress. Alsa because of my military duty, the short notice of an im~renent hearing denies me the opportunity to be present at the September 2g hearing to object to the takin{z from us of a very valuable property asset. Accordingly I atn asking for the fallowing: 1, A list containing the names and addresses of the - mEmbers of the town council, the town planning coam~issio±~, and the cotr:mittee ~ne~:bers who conducted °~' the zoning study. 2.. A copy of the "in depth study" presented: by the committee. 3. Was any analysis made of property ownership by any and all of the persons of the cauncl.ls/oarcmissians/ - ca~rmittees (listed in 1 abov4) to deterz~~.ne if the proposed rezari~.ngs result in property .zoning advantasr,~;s thereto? ~. Since the committee met many times aver the past eight months, iti*as any coordination made between the tax. assessor/collector's office to plan apportionment be- tween assessments for road. paving comr*ensurate with the proposed. rezoning plank I recently pair aver .,~~,OOO far a p~tv~inrx assessment against my lot based an full. c~uplear zoning.. To assess on a basis oz" one zoning .~ /,.. i" ~J , ~.-,' when i t ~: tcd~y's In clos'~n~?, = our properly ar.d hF~.rin;~ is . tc~ be is fully planned to change it soon is~ in ~ar.uon~ a rip-off! ire v~rish to pxotest. tYte proposed rezoning' of need tote above information to adequately rstanePs under which the September 29. 1977 conducted. Sincerely. :~ ~ ~• ~~~ ~s ~. Col. Ldward °~Y~;:~Bro~~tne "~ 145b~ Lake Trails C~,. Chesterfield, ro. b?C17 - < r, ,~ 4 ' ~~~ •~~ ~ box ton vail, Colorado 81657 (so3~ ass-sG1s Col. Edward P~. Srawne 1664 k.ake Trails Ct. Chesterfi e] d, ~~90 63017 olfice~ of tt~e touvn manager September 19, 7977 Re: Proposed down-zoning of l.a~ 9, Block 5, Bighorn Subdivision, 5th Addition Dear Col. Browne: :'• ~~: - In answer to your letter of September 13, the informatia•ri you ~'' . requested in items i and 2 of your letter are enclosed. An analysis of properties held by Council, Planning Commission or committee members indicted that five Torn Council rner~:bers own property proposed for down- zoning and four members ofi t;1e committee were also affected. f~a one an any Commission, Cornrnittee or any other person, benefited from the proposal. The Toti<rn Council has agreed to ~re-evaiua~e. the street assessments . in light of the proposed down-zoning, which should be done as soon as all public hearings have been held. I strongly differ with yaur opinion that we planned the rezoning v,hen we 4vere assessing for the street paving-- this is not a fact! The Town has no intention of "ripping-off" anyone. There wi ] l be farther hearings het d before the Tgtvn~ Caunci 7~~:.on ... November.l and 75 at 7:30 P.~~i. Since you indicate you can't be present for the hearings I Lvill forarard your letter to Planning Corismission. If you have any further questions please ca7~ me at the above number. Sincerely, . U£PA~tTr1~NT ~4F COI~1~~SU~'.i1'Y DEVELOPh1E~IT • ,.. . .~ 'v'v r '- r l . .' iana S. Toughi~i ~ ~ ~ ~~ l • Zoning Administrator ~?Sl'/di • Fnnl nr uY•ne -- ..* ..,... ... -. .. .~ - -r,.~ 6 R - i Y COUNCIL PUBLIC HEARING ZONING Ai~ENDMENTS AND REZONING: PRESENTATION AGENDA Introduction - 1. Overview (Agenda} Allen 2. Legal aspects ~ Rider Planning Process 1. Goals, Growth P~fana.gement ~ Citizens Allen 2. Citizens Committee Recommendations Elias Recommendations - ~~ 1. Amendments to Zoning Ordinance • ~ a. Staff Presentation Da.ana b. Planning Commission Report Drager c. Citizen Response 'd. Council Discussion ~~ 2. Rezoning of 5peci~ic Parcels a. Staff Presentation ~ Diana . b. 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[.+. ~} c1• 0'7 Vl M F-' t~ Y N t S 4 r N ' 6] f4 H Cis 67 W ~] w cn o0 oa oo cn ~ r-~ t4 O O ~ ~1 N C ~1 O O v O v O v ~ C w v v W ~ ~ u G ~ t" d C' f+. N• ~ ~ ~ ~ i .. ~ ~ _ - ~' " s • ., ._. a k • ~ • • ", `mo't MIN~TEs REGULAR MEETING VAIL TOWN COUNCIL 15 NOVEMBER, 1977 The regular meeting of the Town Council of the Town of Vail was convened at 7:30 PM on Tuesday, November 75, 1977, in the Vail Municipal Building Council Chambers. • Mayor John Dobson and the following Councilmembers were present: Josef 5taufer Rodney Slifer William Weimbach Robert Ruder William Wilto Jahn Donovan Others present included: Town Manager, Terrell J. Minger and Town Attorney .Lawrence Rider. Mayor John Dobson opened the meeting with some personal remarks regarding this being his last Council meeting as Mayor and acknowledges those who have contributed throughout the years during his service as Trustee and as Mayor. He briefly addressed the future of VdiI and expressed feelings that the Town should continue its committment to excellence stating that "the Town of Vail cannot have excellence that it cannot afford, but it cannot afford to have less than that". Ele thanked those faithful who have come consistently to Council meetings and stated that he believes the Town of Vail has a rewarding participation in Citizen`s Committees and Commissions. He thanked them all and acknowledged a debt to them. The Mayor then introduced Town Attorney Rider who stated far the record the title and purpose of Ordinance #30 which was presented on second reading. He asked for questions and discussion from the audience and the Council. There was none. Councilman Stauffer then moved to approve Ordinance #30 on second reading. Councilman Neimbach seconded the motion. All present voted in favor and the motion carried. Ordinance #3O, Series of. 1977_, amends._Title #18 of ti~,Vail Municipal Code, re- zonine certain parcels of land within the Town of Uail'~in accordance with the Growth Management recommendations. Mayor Dobson then introduced Resolution #21 stating support from the Town Council for the proposed purchase of Meadow Mountain Properties by the United States Forest Service from Vail Associates, Inc. He then asked Town Attorney Larry Rider to summarize the purpose and intent of the Resolution far the public. Attorney Rider explained that the Resolution related to the sale by Vail Associates, Inc., to the U.S. Forest Service of the Meadow Mountain Ski Area and that this Resolution stated the Council's support of the sale. Roger Tilkemeier, Vail Associates, then introduced Mr. Bob Poole of the United States Forest Service who thanked the Council for its support and explained briefly the purpose of the sale, being to guarantee preservation of the area for public use. Councilman Donovan added emphasis regarding the importance of the project in terms of the wild- life preservation in this area. He then moved to approve the Resolution. Councilman Ruder seconded the motion. All present voted in favor and the motion passed. The next item for discussion before the Council was an appeal of the Zoning Administrators decision regarding the Creekside Building. Zoning Administrator Diana Toughill explained for the Council and the public the decision of the staff regarding the proposal and the reasons far the refusal of the variance request. Jay Peterson, Attorney for the applicant, explained that the original request was to remove parking spaces currently existing behind the Creekside building and that he believes that the removal of the parking will be an advantage to the Town of Vail when the Mall Act is approved. Councilman Ruder inquired about the 1/11 interest the other building occupants may have in the existing loading dock.- Attorney Peterson stated that the owners would like to keep the dock but would probably agree to give it up if that was a condition to granting the current proposal for conversation of existing parking. A general discussion among members of the Council followed. Diana Toughill explained that the appeal was made to the decision of the Zoning Administrator's decision and a particular intr.epretation of the Ordinance. Larry Rider explained the Council's alternatives regarding~a decision and there was a general discussion regarding those alternatives. Councilman Donovan suggested a postponement. Councilman Stauffer suggested .MINOTES REGURALR MEETING 15 NOVEMBER, 1977 PAGE TWO - - - --- - .. _- - ---- - - - g A joint work session with the Council and the Plannin Commission to discuss the ~~ long range implications of this kind of decision. Councilman Donovan then moved to table the appeal to the next regular meeting of the Town Council, Councilman Ruder seconded the motion. A11 present voted in favor and the motion carried. The next item on the agenda was Town Manager reports, Terry Minger then made some comments regarding the ending of an ear and the beginning of another er•.a., in that the two memeber of the Council would be missed, adding that the previous years had been good ones for the Town. He expressed hope that Mayor Dobson and Councilman Stauffer would remain active in Tawn affairs since they have a continuing contribution to make and and further, that he was personally happy to have been a part of this council and associated with this group of people. Mr. Minger then asked Councilmen Stauffer and Donovan to address the items which were left off the agenda for this meeting. Councilman Stauffer then expresses his personal feelings about leaving the Council and said "Goodbye". He expressed hope that he had served well and that he felt the positions he had taken reflected the majority of those he prepresnted. He then thanked alT those persons for the opportunity of holding office and stated that he had never served with more sincere and honest people. We then thanked Mayor Dobson and read Resolution #22 regarding official Town of Vail appreciation for the Mayor's ]ong years of service, and moved to approved the Resolution. Councilman Donavan seconded the motion. All present voted in favor and the motion carried. Following that, Councilman Stauffer proceeded to read Resolution #23, specifically nameing the Vail Ice Arena "John A. Dobson Arena", and moved to approve the Resolution. Councilman Donovan seconded the motion. A11 present voted in favor and the motion carried. Councilman Donovan then read Resolution #24, expression official Town of Vail appreciation for the long years of service of Councilman/Mayor Pro-Tem Stauffer. He then moved to approve, Mayor._Dobsan seconded the motion. AT1 present voted in favor, and the motion passed. Councilman Bill Wilto expressed his personal appreciation for the chance to serve with this council. Councilman Donovan moved to adjourn the the Council. Councilman Ruder seconded the meeting adjourned at 8:40 PM. meeting, there being no further business for the motion. Ail present voted in favor and ~( ATTEST: TOWN GAR ~~~~ ~~.oa ~-~ MINUTEs SPECIAL. MEETING VAIL TOWN COUNCIL 29 NOVEMBER, ]977 The Vail Town Council convened fora Special Budget Hearing Meeting at 7:30 PM in the Council Chambers of the Town of Vail Municipal Building on Tuesday, November 29, 1977. • Mayor John Dobson and the following Councilmembers were present: John Donavan Rodney Slifer William Heimbach Robert Ruder William Wilto and newly elected Councilmembers, Tam Steinberg and Paula Palmateer. Also present were Town Manager Terrell J. Minger and Town Attorney Larry Rider. Mayor Dobson called the meeting to order and explained that the first matter of business was the taking of oaths of the new Councilmembers and those Councilmembers who had been re-elected. The oath of office was administered by Town Attorney, Larry Rider to the following: ~~ John Donovan Rodney Slifer Robert Ruder Tom Steinberg Paula Palmateer. He then stated, for the record that Robert Ruder and Tom Steinberg would serve on the council for two years and that John Donovan, Rodney Slifer and Paula Palmateer would serve for Four years. Councilmen Heimbach and Wilto will serve out the remaining two years of their original four year terms. Following that, the Mayor stated that the next order of business was the election of Mayor and Mayor-Pro-tem for the Council. A vote was taken by secret ballot from the Council and Rodney Slifer was elected Mayor. A vote was then taken by secret ballot from the Council and John Donovan was elected Mayor Pro-Tem of the Council. Mayor Dobson then turned the meeting over to Mayor Rod Slifer for completion of the meeting business. Mayor Slifer introduced Town Manager Terrell J. Minger who stated an overview of the philosophy of the proposed Budget for the Town of Vail for 1978. He then introduced Finance Director/Assistant Town Manager Stan Bernstein who explained the basis on which budgeting was planned and outlined specific categories of the budget. He then asked for questions and opened the meeting to discussion of the budget, stating that . since many public members of the audience had just seen the document,~_.that..perhaps_.:~ there would be questions at a later date. He reinterated that there would be two more public meetings, at which the budget would be discussed, if there were questions after public examination of the document. There being na further business for the Council at this meeting, Councilman Donovan moved to adjourn. Councilman Wilto seconded. All present voted in favor and the motion carried. The meeting was adjourned at 8:50 PM. ~~ ATTEST: .~ f,.. TOWN CLERK ' ~..~ f MiNUTEs REGULAR MEETING UAiL TOWN COUNCIL 6 DECEMBER, 1977 The Vail Town Council convened for its regular meeting at 7:30 PM, on Tuesday, December ~6, 1977, in the Vaii Municipal Building Council Chambers. '~+iayor Rodney Slifer and the following council members were present: Paula Palmateer~ John Donavan Thomas Steinberg Robert Ruder William Wilto William Fieimbach Also present were Town Manager Terrell J. Minger, Deputy Town Manager/Finance Director, .Stanley Bernstein, and Town Attorney, Lawrence Rider. Mayor Slifer called the meeting to order and introduced the first matter for the Council's attention which was the approval of minutes of the November 15th regular meeting of the s~ Town Council and the November 29th special meeting of the Town Council. Council member. ~onovan moved to approve the minutes of both meetings; Councilmember Heimbach seconded ation; a17 present voted in favor and the motion carried. The next order of business was a special presentation and for that Mayor Slifer introduced Ernie Nunn representing the United States Forest Service who presented a National Forest Service award to former Mayor John A Dobson in recognition and appreciation for Mr. Dobson's many years of service and leadership in the areas of major land use decisions and the preservation of natural environments. The next order of business was the introduction of Ordinance #29, Series of 1977, first reading, rezoning a portion of Vail Run from RC to SDD5. Councilmember Wilto moved to table the matter and postpone reading of the ordinance until the regular meeting of the council on December 20, 1977. Councilmember Palmateer-s.econded the ,motion; all present voted in favor; and the motion carried. Mayor Slifer then introduced Ordinance No. 31, Series of 1977, on first reading, regarding $2,350,000 of the Town's General Obligation Bonds. Stan Bernstein explained the purpose of the ordinance being to contract an indebetedness on behalf of the Town of Vail by issuing General Obligation bands in the amount of $2,350,000. There was no discussion forthcoming from either the Councilmembers or the public and Councilperson Steinberg moved to approve the ordinance on first reading; Councilmember Wilto Seconded the motion; all present '~ted in favor and the motion carried. Ordinance No. 32, Series of 7977, was introduced by Mayor Slifer, on first reading. The Mayor then introduced Zoning Administrator, Diana Toughill who explained the purpose of ~he ordinance being to rezone the North Pulls Property from Eagle County zoning "Resource" district to the Town of Vail's zoning "Public Use" district, which would allow the construction of the Town of Vail Maintainence Building on that site. There were no questions from the public or the Council. Councilmember Palmateer moved to approve the ordinance on first reading; Councilmember Steinberg seconded the motion; ail present voted in favor and the motion passed. Ordinance No. 33, Series of 1977 was introduced by Mayor Slifer on first reading. Stan Bernstein, Deputy Town Manager explained the purpose of the ordinance being to make avail- able the federal funds granted to the Town of Vail under the Rural Transportation Denon- stration Program. Coordinator of the program, Jon Eberle then explained the start-up date and the four primary elements of the program and the services to be provided. There being no discussion or questions from the public or the Council, Councilmember Wilto moved to approve the ordinance on first reading; Councilmember Steinberg seconded the motion. A17 present voted in favor and the motion passed. Mayor Slifer then introduced on first reading, Ordinance No. 34, Series of 7977, amending Section 18.52.170 of the Vail Municipal Code to allow for leasing of private parking spaces. Diana Toughill then explained that a survey of local parking had been made which t formed the background for the staff recommendation to Council that private parking spaces be made available for lease to those who might desire to use them. Mayor Slifer asked far comments from the floor. Phil Ordway from Vail Associates stated that he had spent a great `~ deal of time studying the long range parking problems and that Uaii Associates supported this ,, ~ MINUTES REGULAR MEETTNG 6 DECEMBER, 1977 PAGE TWO Ordinance. He further stated that Vaii Associates was interested in intering into leases with private owners to relieve their own parking problems and to provide supplementary ~arking for Vail Associates. He expressed the feeling that this ordinance was an important first step to solving the parking problem. Councilmember Steinberg asked how the Town of Vail would monitor the ordinance in the future to provide for review; Diana Toughill. explained that a process for regular review had been estab fished by the Staff. Councilmember Donovan then moved to approve the ordinance on first reading; Councilmember Heimbach ~econded the motion; all present voted in favor-and the motion passed. Ordinance No. 35, Series of 1977 was introduced on first reading, and explained by Town Manager Terrell Minger as being the annual appropriation ordinance for ,the 1978 Budget and Financial Plan far the Tawn of Vaii. He then explained the budget process and the motivation regarding the philosophy of budgeting and stated that this was a conservative document assuming a normal snow winter and normal summer and that the budgeting review process would be an ongoing one. He then introduced Stan Bernstein who explained briefly the recap of the budget expenditures, outlined key funds, balances, surpluses and revenues to be generated, and the expenditures of special accounts like the transportation center and the ice rink. Mayor Slifer thanked them both for their presentations, and asked for council comments. and public comments. Charles Crowley asked the Council to consider a vendor's . fee far the Town of Vai7. He went on to explained that a vender's fee would allow for a rebate of a percentage of the sales tax collected by businesses to be refunded to the business which collected the tax, Ne stated that. he expected a good season this year and would like the council to seriously consider enacting the vendor's fee. Phil Ordway asked for clarification of the article in the newspaper regarding two additional police officers ~eing requested in the 1978 budget. Police Chief Wall explained that due to the un- certainities of 1977 season, one police office, which was approved in the 1971 budget was Hat hired, and that the 1978 budget requests 1 additional officer only which will bring the fatal number of officers to 15, Ordway stated that he was in favor of the additional officers and that his question was for clarification only. Other comments forthcoming from the Council were, made by Councilmember Steinberg regarding the proposed Town of VAiI staff salaries. He stated that he felt that compared to other communities, the size of budget and size of staff comparison showed that the Town of Vail was getting a good dollar value and used Pete Burnett's crew as an example. There being no further discussion Councilmember Heimbach then moved to approve Ordinance #35 on first reading; Councilman Steinberg seconded the motion; all present voted in favor and the motion carried. Councilman Wilta then commented that the members of the Council would be available to answer any questions from the public that might come up during the next few weeks regarding the budget and that the public should feel free to contact any councilmember regarding any questions. Resolution No. 25, Series of 1977 was introduced by .Mayor Slifer. Stan Bernstein explained that the purpose of the Resolution was to designate the award of the $2,350,000 in Town of Vail General Obligation Bonds to Kirchner & More Company of Denver, Colorado who submitted the best bid for sale of the bonds. Councilmember Ruder moved to approve the ;resolution; Councilmember Steinberg seconded the motion; all present voted in favor and the motion carried. The next item of business was a presentation from the Liansridge Neighborhood Organization ~egarding open space acquisition. Mayor Slifer introduced Toni Berns representing the raup who read a letter from the committee addressed to the Public and the Council requesting Town of Vail support and assistance in the preservation of open space in the Lionsridge neighborhood. Mayor Slifer thanked the committee and Ms. Berns for their involvement and expressed a welcome to any group or individual who wishes to attend meetings and express local concerns. The next item for Council attention involved an appeal of the Zoning Administrator's decision regarding the Creekside Building.- Diana Toughill explained the staff recommendation and the unusual circumstances of the request and the subsequent denial. Jay Peterson, representing the Creekside Building explained the reasons far the request and pointed out that there seemed to be no objections to the request from the neighbors of the Creekside Building and that granting of the request would be an advantage to the Town of Vail in eliminating some of the traffic now allowed through the Fountain area. Mayor Slifer asked for Council and public comment. John Dobson commented that he thinks the request is a goad idea and asked for clarification on how this matter concerns the parking contracts now in effect for other core buildings. Diana Toughill explained that this is Hat a request for variance, but simply a request to remove parking which was not required in the first place. (attached to these minutes and made a part thereof is a staff memo regarding the request and refusal to grant same) Mr. Peterson stated that the problem represented here relates to all the buildings in the core and that everyone involved there should share in the solution. He further stated that he doubted what would be the outcome of current parking contracts signed previously. John Dobson clarified his concern over the long range results of this decision and stated that this should not absolve others from participating MINUTES REGULAR MEETING 6 DECEMBER, 1977 PAGE THREE in solving the problem in the future. Town Attorney Larry Rider clarified that this ~equest, or the granting of the request, would not exempt the Creekside Building from partic~pat~ng 7n the future solution of the greater problem. Mayor Slifer explained the alternatives for voting to the Council which were to uphold the decision of the Zoning Administrator denying the request or to reverse the decision made ~y the staff and grand the appeal. Councilmember Donovan asked if landscaping re- uirements could be tacked on to the approval if granted. Jay Peterson stated that he felt that was alright and his client would have no objection. There was a brief discussion between Mr. Peterson and Mr. Dobson regarding the deeding of -the 1/11 percent of the existing space to the Town of VAiI. Larry Rider Clarified that the tenants in common could 6e deeded. Josef Staufer addressed his concerns about the practical application of no parking for the commercia] buildings in the core. FIe stated that he feels that in theory this might be aright, but practically speaking, cars will be parking in the plaza and sees this as an impossible situation and-asks the council to weigh this in making any decisions. Mr. Peterson stated further that most vehicles coming to the bud ding would be delivery trucks which would back down into the loading area and that the request does remove employee parking from behind the bailding. Mayor Slifer then called fora motion from the Council. Councilman Wilto moved to reverse the decision of the Zoning Administrator and grant the request from Creekside Building to remove the parking spaces, and ,that the`i~nter..est in the 1 parking .space be conveyed or ranted to the Town of Vail at a future date. Councilman Steinberg amends the motion to ~ncluding landscaping requirements. Councilman Heimbach seconded the motion as amended; The following Councilmembers voted in favor: Palmateer; Steinberg; Wilto; Ruder; Heimbach. Councilman Donovan voted against. The motion carried. The next order business was the consideration of a request for resubdivision of Tract D, Vail Village 11th filing. Dan Corcoran was introduced who explained the request for his client, Thomas J. Cacchione. Fle stated that the resubdivision would allow two residential lots on the property he. now owns. Diana Toughill explained that the Planning Commission had approved the resubdivision and that the Staff recommended approval. She further stated that there had been only one objection to the proposal and that from Lou Parker, who is a neighbor to the proposed resubdivision. Mayor slifer asked for comments from the public and council. Since none were forthcoming, Councilmember Palmateer moved to approve the request; Councilmember Ruder seconded the motion; all present voted in favor and the motion carried. Next on the agenda was the consideration of a variance to allow for a gravel driveway for the Hellberg Residence in Vail Village 3rd Filing. Diana Toughill explained that the request was being made to provide for better surface runoff, traction and that all others in the area were gravel. She added that the Planning commission voted 5 to 2 in favor of granting the request. Ed Drager added that the Planning commission had approved the request ~,yrith the condition that lp feet of blacktop be provided on the drive where it connects to the road. There was a general discussion regarding the quality of the gravel to be used, and_ _ Councilman :Donovan-moved to grant the variance request according ~o the manning Coi~~i~~. re- quirements and added the requirement that they comply with any future changes in the zoning rdinance. Councilmember Ruder seconded the motion. Councilman Steinberg suggested that ~he Staff review the existing zoning ordinance with a view toward revisions. All present voted in favor and the motion carried. The next item of business for council consideration was a request for conditional use permit to allow temporary swimming pool cover at Breakaway West. Diana Toughill:explained the request being to cover the existing pool through the winter months, December 7 thru June 7. The planning commission voted to approve. The length of time was discussed by the Council. Councilmember Palmateer moved to approve the cover; Councilmember Ruder seconded the motion; ail present voted in favor and the motion carried. Following that, the Council addressed the request for encroachment of parking on Forest Road from the Alice Parsons Residence. Diana Toughill. explained the history and prviceedure bringing about the request from the Parsons Residence. There was a brief and. general discussion of how many cars were currently parking on the road and what the implications of granting more encroachment rights might be. Councilmembers Wi1to and Palmateer stated that they would rather there be on on-street parking along Forest Road. Mayor slifer restated the request and asked for a motion. Councilmember Steinberg moved to approve the request; Councilmember Palmateer seconded the motion; all present voted in favor and the motion carried. MINUTES REGULAR MEETING 6 DECEMBER 1977 PRGE FOUR There were no reports from the Town Manager. The Town Attorney reported that the minutes f the Town Council meetings from February., 1976 through November, 1977 had been prepared Nand were ready for approval. Councilmember Donovan moved to approve the minutes as presented; Councilmember Palmateer seconded the motion; all present voted in favor and the motion carried. he Mayor asked for citizen participation. lie then complimented the Public Works Department ~f the Town of Vail for an outstanding job done on the snow removal and control during the last weekend. Councilman-Donovan requested a public meeting with a presentation from the Water and Sanitation District of Vail regarding the new water treatment plant. Terrell Minger stated that he would set up a:~.date and advise the council and public. Mayor Slifer stated for the public information that the Council would hold work sessions only on the days when there was a regularly scheduled public meeting of the council at night, and that the work sessions would begin at noon. He further stated that the council would try this new schedule to see if it worked, and if there seemed to be difficulties, the schedule would be reexamined. There being no • Councilmember t ATTEST: further business for the Council, Councilmember Donovan moved to adjourn; Steinberg seconded the motion; The Council meeting was adjourned at 9:50 pm. TOWN CLERK i ~, .:: MINUTES REGULAR MEETING VAIL TOWN COUNCIL 20 DECEMBER, 1977 he Regular meeting of the Vail Town Council was convened in joint session with the Vail Water and Sanitation District Board of Directors at 7:30 pm, Tuesday, December 20, 7977. ~yor Rodney Slifer and Paula Palmateer John Donavan Thomas Steinberg Robert Ruder William Wilto William Heimbach the following council members were present: Also present were Town Manager, Terrell J. Minger; Town Attorney, Larry Rider; Town Director of Public Works, Kent Rose and members of the board of the Vail Water and Sanitation District. ~he joint session was called to order by Mayor Slifer who introduced Kent Rose to present the background and status of the proposed new waste water treatment plant. Following general discussion, the joint session was closed. ~e public hearing regarding the Mall Act was then opened for discussion. Since there were To presenters at this meeting, the public hearing-was closed, and the next public hearing for discussion of the Mall Act was set for February 14, 1978. Councilmember Wilto moved to postpone the public hearing to that date; Cauncilmember Steinberg seconded the motion; ail present voted in favor and the motion carried.. Next on the agenda for council consideration was- Ordinance No. 29, Series of 1977, which had been continued from the December 6, 1977 regular meeting of the council. Ordinance No. 29 was introduced on first reading, concerning the rezoning of a portion of Vail Run from RC to SDD5. Councilmember Ruder suggested a change in wording to clarify section 8 paragraph B. Diana Toughill, Zoning Administrator explained that the change would be made and covered what arrangements had been made regarding density and parking since the first presentation of the proposed ordinance. There being no further discussion, Councilmember Heimbach moved to approve Ordinance No. 29 on first reading; Councilmember Palmateer seconded the motion; voting in favor were councilmembers Palmateer; Steinberg; Ruder; Wilto and Heimbach. Voting no was Councilman Donovan. The motion passed. Ordinance No. 31, Series of 1977 was introduced on. second reading. Mayor Slifer explained that the ordinance was regarding the $2,350,000 general obligation bonds of the Town of Vail, nd authorizes the sale of same. There being no discussion, Councilmember Heimbach moved o approve Ordinance No. 31 on second reading and to publish the ordinance by title only. uncilmember Wilto seconded the motion; a17 present voted in favor and the motion passed. Ordinance No. 32, Series was introduced on second reading, regarding the rezoning of the rth Pulls property from Eagle County "Resource" District to the Town of Vail "Public .Use" strict zoning. There being no discussion, Councilmember Steinberg moved to approve the ordinance; Councilmember Ruder seconded the motion; all present.~voted in favor and the motion passed. Ordinance No. 33, Series of 1977, was introduced on second reading, making a supplemental appropriation in the amount of $17,000 from the Rural Transportation Demonstration Program Fund. Mayor Slifer asked for questions and comments from Council and the public. There was no discussion. Councilmember Ruder moved to approve the ordinance on second reading; Council member Wi1to seconded the motion; all present voted in favor and the motion passed. Ordinance No. 34, Series of 1977 was introduced on second reading, amending Section 18.52.170 of the Vail Municipal Code to allow for the leasing of private parking spaces. Mayor Slifer asked for questions and comments from the Council and Public. Diana Toughi1l stated that a change had been made and that the ordinance would be amended to add "Provides sufficient Employee Parking" under section B-7 Cauncilmember Palmateer moved to approve the ordinance as amended, and that it be published in full; Councilmember Steinberg seconded the motion; ~ti present voted in favor and the motion passed. ries of 1977 was introduced on second reading, being the Annual Ordinance No. 35, Se , Appropriation Ordinance for the 1978 Budget and Financial Plan of the Town of Vail. Mayor Slifer asked far questions and comments from the Council and the Public. Stan Bernstein . Stated that the Capital Improvements schedule which has.been reviewed by the Council had been revised and that copies of that schedule were available to public, and that Council MzNUrEs PAGE TWO REGULAR MEETING had also seen the revised Steinberg moved to approve seconded the motion; all DECEMBER 20, 1977 schedule. There being no further discussion, Councilmember the ordinance on second reading; Councilmember Heimbach present voted in favor and the motion passed. Next item on the agenda for Council consideration was a presentation by the Lionsridge- Sandstone Neighborhood Organization regarding their request for funding for open space acquisition. Mayor Slifer read a letter from the organization, and there was general comment from several members of the neighborhood who were present. The ;Neighborhood Organization is requesting assistance from the Town of Vail for the purchase of parcels B-4 and B-5 in the Llonsridge area so they might be preserved as open space for the entire Lionsridge neighborhood. Mayor Slifer, speaking for the Council, stated that the Council would take the matter under consideration and that more discussions would be taking place regarding the request, and that interested parties were welcome to attend work sessions to discuss. ]Next on the agenda was a discussion regarding sooking in public meetings. Councilmember Palmateer suggested that the Council impose a somking ban during Public meetings and work sessions of the Vail Town Council, with a break during the meeting for those who wish to smoke. A brief, but general discussion followed. Councilmember Palmateer then moved to enact the no-smoking ban; Councilmember Wilto seconded the motion; Those voting yes were: Palmateer, ~fiito, Steinberg, Ruder and Slifer: Councilmember Donovan voted no and Council member Heimbach abstained. The motion carried. There will be no smoking in the public meetings of the Vail Town Council or. in the work session meetings. There will be a break during meetings for those who wish to smoke to step outside and do so. The next item for discussion was the proposed Vendor's Fee. At the previous meeting of the Council; Charles Crowley a.viilage businessman,. had requested that the council consider.inacting a vendor's fee far the Town of Vail. Stan Bernstein had, since that time, prepared a memo far the Council outlining the implications of enacting such a fee. fie explained the details to the Councilmembers. There was general discussion among the Council and consensus was that the Council was unanimously opposed to such a fee, following a verbal poll of the Council by Mayor Slifer. The matter was closed for this time. Fallowing that, Mayor Slifer introduced Diana Toughill who explained the request from Vail Athletic Club for an amendment to the parking variance previously granted to the Club which would allow for Employee housing. Three parking spaces are involved. The Planning Commission voted 5 to 1 in favor of granting the request. Ms Toughill explained that there would be a contract signed between the Town of Vail and the Vail Club restricting the use of the space and requiring that parking be provided on the Mcalister property. There being no further diSCUSSian; Councilmember Steinberg moved to approve the amendment to the variance; Councilmember Heimbach seconded the motion; all present voted in favor and the motion passed. Mayor Slifer then introduced Jeff Selby from the Landmark development who explained that they were asking for a setback and parking variance to allow for the addition of 7,Q00 plus feet, of.commercial feet to the lower floor of the Landmark building. There was general discussion and some feeling that there were yet many unanswered questions. Councilmember Donovan moved to table the request for a maximum of 21 days. The motion was seconded by Councilmember Heimbach; all present voted in favor and the motion passed. Since no Regular meeting of the Town Council will take place after the January 3rd meeting, in time for the request to be heard within the 2] day period, the request will be heard again at the January 3,1978 meeting. Town Manager Terrell Minger reported that he will be meeting with Mr. Don Walker, regarding the Lionsridge questions and that Mr. Walker would be meeting with the Town Council on January 3, 1978 regarding the purchase of.~other.apenspace lands at the regular work session and that all interested parties are invited to attend. There being no further matters for the Council '~ adjourn. Councilmember Steinberg seconded the meeting adjourned at 11:00 PM. ATTEST: /~~ Town Clerk attention; Councilmember Donovan moved to motion. All esent:~voted in favor and the Mayor _ `