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HomeMy WebLinkAbout1976 Vail Town Council MinutesMINUTES REGULAR MEETING TOWN COUNCIL 6 JANUARY 197b The regular meeting of the Tawn Council of the Town of Vail, Colorado, was convened at 7:30 P.M. on Tuesday, January 6, 1976, in the Vail Municipal Building Council Chambers. Mayor John Dobson and the following councilmembers were present: John F. Donovan Kathleen Klug Rob Ruder William Wilto Josef Staufer Others present included: Terrell J. Minger, Town Manager Gene A. Smith, Special Town Attorney With regard to the consideration of a rate increase for Cable Television, the Mayor explained that according to the .franchise agreement the increase was to go into effect on November I, 1975, but was delayed because Bighorn hookups were not complete. Mr. Dobson stated that he would check with the company within the week to determine whether the second half of Bighorn had received service. If so, negotiations would proceed regarding the increase of rates. With regard to a revised business license fee to be charged to all • persons doing business within the Town of Vail limits, it was agreed that the fee would not be increased greatly at this time, for the purpose of funding summer advertising. An increase would be made to pay for the cost of administration. Councilman Staufer suggested that $25.00 would be a reasonable fee, and that the excess would go into the General Fund of the Town of Vail. The question of the fee far a business license should be reviewed again next year. The Mayor commented that alternate sources of revenue would continue to be studied. Councilman Staufer rr~ ved to change the fee to $25.DD, then withdrew his motion, and stated that there should be an ordinance at the next meeting of the Town Council. The Town Council then agreed to instruct the staff to prepare an ordinance concerning the matter. With regard to the construction of a crossing on the interstate between Lionshead and Sandstone 7D, the Town Council decided to solicit a design team to prepare both an underpass and an overpass study. Local architects, or architects within the State o.f Colorado, would be encouraged to submit applications for the project. The Town of Vail will also be using the consulting services of Briscoe, Murray, Maphis and Lamont. Selection is desired to take place within two weeks, so that construction might begin during the summer of 1976. The entire project may take two summers. With regard to an appropriation request to study the need fox a con- vention centex in the community, the Town Council agreed to check out various study firms. Minutes Regular Meeting ~7anuary 6 , 1976 Page 2 With regard to a request for a smoking section designation for the Council Chambers during public meetings, the Mayor commented that after study of the matter ane side of the Chambers would be for smokers, the other side for non-smokers. With regard to problems in the village core concerning the parking and ticketing of service vehicles, the Mayor commented on his concern about the abuse of the privilege given service vehicles to park in the core while working on a project ar delivering goods. He noted that the staff would consult with the police department to solve the problem. Councilman Donovan commented that a few weeks ago he had suggested a core rover. The town manager stated that this had been done, and commented that perhaps parking permits should be instituted. Councilwoman Klug remarked that perhaps a note on the windshield should be Left by a serviceman stating the job he was working on. Council- man Donovan further commented that there is a need far someone, not an officer, to patrol the area on foot, eight hours per day. Officer Dave Bustos commented that Councilman Donovan `s idea was a goad one and that parking policy in the core must be con- sistent. Councilman Ruder suggested using a time-stamped sticker to be handed out at Checkpoint Charley. Councilman Donovan said that each vehicle requesting to enter the core should be stopped. With regard to a street encroachment by Caxomba, Diana Toughill explained that the residents have requested permission to build a fence on an existing retaining wall as a safety measure. Part of the property in question is on Town of Vail property. Council- man Wilto moved to approve the request; Councilman Donovan seconded the motion; all present voted in favor with Councilman Ruder ab- staining; and the motion carried. With regard to the consideration of Voucher Lists for the month of November, 1975, Councilman Ruder voted to approve them; Councilman Wilta seconded the motion; aII present voted in favor; and the motion carried. TOWN MANAGER REPORTS The town manager commented on the usage of the Vail Transportation Center, noting that 32,000 vehicles used the parking structure .in December, I975. Parking revenues are up 26i over last winter; Bighorn and Sandstone bus usage is up 6i; municipal shuttlebus is up I7~. He reported that there had been 16,500 on the biggest day yet this year and commended Bob Manzanares and Skip Gordon for their good work. CITIZEN PARTICIPATION Ms. Carol Richards commented that the cars are travelling too fast on the road to Timber Falls. The town manager commented that he would check with the Director of_ Public Works about the matter and have him contact Ms. Richards. As there was no further business, the meeting was a journed at 9:00 PM. ATTEST' Town Clerk !T Mayor MINUTES REGULAR MEETING VAIL TOWN COUNCIL 20 JANUARY 1976 The regular meeting of the Town Council of the Town of Vail, Colorado, was convened at 7:30 P.M. on Tuesday, January 20, 1976, in the Vail Municipal Building Council Chambers. Mayor John Dobson and the following councilmembers were present: John F. Donovan Kathleen Klug Bob Ruder Bill Heimbach Bill Wilto Others present included: Terrell J. Minger, Town Manager Stanley F. Bernstein, Finance Director Gene A. Smith, Special Town Attorney Larry Rider, Special Counsel ORDINANCE No. 1-76, regarding an annual business license fee, was introduced on first reading. The Mayor noted that the fee would be $25.00; Councilman Heimbach commented that enforcement is important. After some discussion, Councilman Ruder moved to approve the ordinance on first reading; Councilman t~filto seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was then instructed to have the ordi- nance published on first reading. ORDINANCE No. 2-76, amending the zoning ordinance by establishing a parking zone district, was introduced on first reading. Ms. Diana Toughill, of the Community Development Department, explained that the new zone is designed to allow conditionally for recreational uses. Tt applies primarily to parcels of land near Golden Peak which have been requested to be used for parking only. Parking would be the only permitted use. Councilwoman Klug moved to "` approve the ordinance on first reading; Councilman Donovan seconded • the motion; all present voted in favor; and the motion carried. The Town Clerk was then instructed to have the ordinance published an first reading. ORDINANCE No. 3-76, imposing an excise tax on ski lifts, was presented as an informational document only at this time. Larry Rider noted that the ordinance would change the voluntary tax to a mandatory tax. After some discussion, the town manager commented that the ordinance makes a gentleman's agreement a legal, binding document. The ordinance will be presented on first reading at the next regular meetin~;of the Town Council on February 3, 1976. A member of the audience commented that the purpose of the ordi- nance should be stated more clearly in light of future changes in ski lift charges. Minutes/Regular Meeting January 20, 1976 Page Two RESOLUTION No. 1-7b, requesting membership for the Vail Public Library in the Three Rivers Library System, was introduced and then explained by Ms. Charlyn Costello, Librarian. She commented that by belonging to the System, the Vail Library would have a vote in determining how monies are spent in this area. Councilman Donovan moved to approve the resolution; Councilman Wilto seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was then instructed to have the resolution published once in the local newspaper. With regard to a Motion to ratify the lease between the Tawn of Vail and Avis Rent-a-Car, Inc. in the Vail Transportation Center, the town manager outlined the salient points of the lease. The lease provides Avis with 100 square feet of space at $100 per month, for 50 parking spaces, and an additional charge of 10% of gross. Councilman Donovan moved to ratify the aforementioned lease; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried. With regard to a Motion concerning a request for a rate increase by CATV, Mr. Erwin Bachrach, manager of the local office, commented on the request. He stated that the questionnaire required by the collateral agreement would go out to the subscribers with the next month's billing. Loren Mall, attorney for Manor Vail, was present and commented regarding a list of outstanding items in the collateral agreement. He stated that there should be no rate increase until all of the items are completed. Several citizens were present and voiced opposition to any rate increase at this time. The town attorney stated that the town council must deter- mine whether the tv cable company is in substantial compliance with the terms of the franchise and collateral agreement. Councilmen Ruder and Heimbach opposed a rate increase. Mayor Dobson and Councilman Donovan were in favor of a provisional increase. Councilman Donovan moved to approve an increase effective March 1, 1976, if terms of the collateral agreement are met by that date; Councilman Wilto seconded the motion. In a poll of the council, Councilmen Donovan, Wilto and Dobson approved the motion; Councilwoman Klug voted against; Councilmen Heimbach and Ruder voted against; the motion was defeated on a tie vote. Councilman Heimbach then moved to deny the GATV request due to lack of com- pliance; Councilman Ruder seconded the motion; Councilman Donavan voted against the motion; Councilmembers K1ug, Wilto, Ruder and Heimbach voted in favor of the motion; Mayor Dobson voted against the motion; the motion to deny the rate increase was thus approved. The town staff was then directed to send a letter to CATV asking them to respond to the points in question, and to send out the required survey. With regard to an avalanche report concerning the Abe Shapiro property in East Vail, Art Meers of the Colorado Geological Survey, was present to report on the results of the study. Mr. Shapiro commented that the report has been submitted to the Planning Commission and Town Council ~ the Town Council had not received their copies of the report, however - copies were supplied during the meeting. The study concerns five lots in the Bighorn Sub- division for which building permits have been sought. Mr. Meers reported that the land is in a Moderate Hazard area, and that certain design criteria should be required far building on the property. Lots 1 through 5, Block 5 and Lat 9, Bighorn Subdivision are the parcels in question. The study showed that Lots 4 and 5 have low probability of avalanche and should be disregarded for design purposes. Lots 1,2,3, and 9 need special design criteria. ~-A~ Both the town staff and the Planning Commission have recommended acceptance of the avalanche study. The Town Council deferred a decision until they could study the report thoroughly. Minutes/Regular Meeting January 20, 1976 Page Three With regard to an avalanche report for the King Arthur`s Court property, Ron Halley, avalanche consultant, was present to explain the findings of his study to the council. Jay Peterson, representing the Silver State Bank portion of the property in question, noted for the record that his client had worked out a solution to the problem; that additional information is to be submitted in written form to the Town for further consideration. Mr. Halley gave a general presentation of the avalanche hazard concerning King Arthur's Court; no action was taken by the Town Council at the meeting. The client requested that they submit additional engineering data and defense strategies before the Town Council takes action in the matter. TOWN MANAGER REPORTS With regard to the arc hitectura1 competition concerning the I-70 pedestrian/bicycle crossing, the town manager noted that seven architectural firms had formally indicated an interest in the project. Selection would be made by the Town Council within the next ten days. As there was no further business, the meeting was adjourned at 11:25 PM. ATTEST: Town Clerk s r+ ••• ,r MINUTES REGULAR MEETING ~- VAIL T0~lN COUNCIL 3 FEBRUARY 1976 7:30 P.M. The regular meeting of the Town Council of the Town of Vail, Colorado, was convened at 7:30 P.M. on Tuesday, February 3, 1976, in the Vail Municipal Building Council Chambers. Mayor Jahn Dobson and the fallowing council members were present: Bi 11 I~eimbach Kathleen Kiug Bob Ruder Joseph Staufer Bill Wilto Others present included: • Terrell J. Minger, Town Manager Cene A. Smith, Special Town Attorney With regard to the Avalanches Report for the Ave Shapiro property in East Vail Diana Toughill of the Community Development Depart- ment, briefly recited the items of significance in the report. (Tape inaudible). Councilman Wilto moved to approve the report as submitted as approval is recommended by the Planning Commission and the town staff; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. With regard to a request by CATV fora rate increase, Jim Lamont of the Community Development Department presented the state of the current negotiations on the two points not previously agreed upon. He read into the record: l.A representative of CTI and the Town of Vail will conduct inven- tory during the month of May, 1976, of improperly installed lines and necessary repairs and revegetation as provided for in the franchise. 2. A map will be prepared identifying all work which needs to be accomplished during 1976. • 3. A work schedule will be drafted which will generally guide the time which the work will be completed with a final date to be no later than November 15, 1976. 4~. Bimonthly meetings will be held to discuss progress being made by CTI during the construction season. 5. The Town shall, by August 1, 1976, or as soon thereafter is appropriate, determine that work which is not proceeding satisfac- torily may elect to {help? word inaudible.) installations of the lines itselves as well as make any other work it deemes necessary, accor- ding to the Town's franchise and collateral agreemement. The Town would then bill CTI for work that it would complete for CTI and that CTI would reimburse the Town for the work completed by the close of the calendar year. 6. Two weeks prior to the Town of Vail commencing any such work as deemed necessary it must give notice to CTI and CTI has the option to complete the work itself. This would be drawn up into a contractual agreement which would be entered into by the Town of Vail and CTI. Jim Lamont stated that with the agreements spelled out above that the cable television company had substantially complied with the franchise and collateral agreement and recommended support of the rate of increase request. rf MINUTES/REGULAR MEETING FEBRUARY 3, 1976 . Page Z Councilman Wilto moved that the rate increase, effective March 1, 1976, subject to the signing by the representatives of the cable television company and the Town of Vail prior to that time be approved; Councilwoman Klug seconded the motion; all present voted in favor; and the motion carried. ORDTNANCE No. 1-76, regarding an annual busi.nes.s license fee, was introduced on a second reading. Councilman Ruder moved to approve ORDINANCE No. 1-76 on second reading; Councilman Wilto seconded the motion; all present voted in favor; and the motion.car.ried.. ORDINANCE No. 2-76, regarding amending the zoning ordinance con- cerning a parking zone district, was introduced on a second reading. Councilman Staufer moved to approve ORDINANCE No, 2-76 on second reading; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried. ORDINANCE No. 3--76, regarding adopting a personnel merit system and ,, salary schedule for Town of Vail employees, was introduced on a first reading. Terry Minger, Town Manager, explained the rational behind adopting a formal ordinance regarding the personnel system. Funding has been provided by primarily by an Intergovernmental Personnel Act assisted with personnel from the University of Colorado. Councilman Heimbach moved to approve on the first reading the adoption of a personnel merit system and salary schedule; Councilman Wilto seconded the motion; all present voted in favor; and the motion carried. RESOLUTION No. 2-76, expressing appreciation for quality of construc- tion and environmental concern of the I-70 corridor aver Vail Pass, was removed from the agenda by Mayor Dobson because at least two council people hadn`t had time to study and respond to it. TOWN MANAGER REPORTS With regard to the I-7O highway crossing study, Terry Minger reported that the architectural firm-of Pierce, Briner, & Fitzhugh Scott had been chosen for the design and that Claire Cooper-Marcus was scheduled to arrive in town this week to study the sociological impact of the bridge. With a regard of a growth management plan, Terry Minger presented a philosophical document as to the rational of adopting such a plan. Specific goals of a plan were described. Mayor Dobson voiced support from the council of such a project. CITIZEN PARTICIPATION Tn regard to a question asked from the audience as to the status of the paving of East Vail streets, Mayor Dobson responded by saying that a report was given at the previous Town Council meeting. Terry Minger proposed a tentative administrative hearing an the paving district to be on the 17th of February, and to get Sam Mafis at the meeting. Councilwoman Klug brought attention to a specific number of very dangerous potholes in the local roads, wondering if any temporary fill could be attempted. .Mayor Dobson responded by saying he was aware of the problem. Kent Rose, Director of Public Works, said that he has requested a fill service from the Highway Department. ., µ MINUTES/REGULAR MEETING FEBRUARY 3, 1976 Page 3 Councilman Ruder requested that special hearing should be advertised more than in a 1ega1 notice in the local papers. He suggested that special attempts be made to notify property owners who don't reside in the community if their property would be affected by any Tegisla- ti on . As there was no further businees, ATTEST: Town Clerk • the meeting was adjourned. ti MINUTES . SPECIAL MEETING VAIL TOWN COUNCIL FEBRUARY i0, 7976 The special meeting of the Town Caunci1 of the Town of Vail convened at 7:30 P.M. on Tuesday, February 10, 7976, in the Council Chambers of the Vail Municipal Building. Mayor John Dobson and the fol1awing council members were present: Jahn Donavan Bill Heimbach Kathleen K1ug Bob Ruder Joseph Staufer Bi11 Wilto Also present were: • Gene Smith, Special Town Attorney Larry Rider, Special Counsel Mayor Dobson called the meeting to order and then explained that the purpose of the special meeting, vrhich had been adver- tised in the 1oca1 paper, The Vail Tra~1 as shown in the attached document, was to adopt an ordinance to impose zoning districts on the Lionsridge area annexed to the Town and to amend the Offi- cial Zoning Map and to adapt ordinances creating three Special Development Districts. Mayor Dobson outlined the procedure for discussion; staff will present a report, public statements will be invited, and then the council will comment and take action. Jim Lamont, head of the Community Development Department for the Town of Vail, stated that the provisions for public hearings are provided for in the Town of Vail Zoning Ordinance Sections 27400 and 21500: that according to those provisions a preliminary hear- ing had been held prior to the annexation election on December 4, 1975. On January 22, 1976, the Planning Commission made recommen- . dations to the council on these ordinances. Tonight's meeting is to introduce and have the reading of three special ordinances and an ammendment of zoning map, A second hearing is scheduled to be held on March 2, 1976. Mr. Lamont then read the Zoning Ordinance section 1.100, points 1 through 11. The Town Council and the Planning Commissions attitude on imposing zoning on newly annexed territory was explained: Vail Village and Vail Lionshead are high density commercial and residential centers with outlying areas being of ]ow density residential and agriculture. Two points of concern were stated in regard to future development; impact of development on existing environment and urban services. Diana Taughil1 of the Community Development Department for the Town of Vail showed maps and described the location, size, and the Plan- ning Commission's recommended zoning far the property, noting that different densities and uses were color coded. Jim Lamont stated that his procedure would be to go through each of the three special development districts and explain the original zoning and then the Planning Commission's recommended zoning and explain the "why". MI MITES . SPECIAL MEETING VAIL TOWN COIINCII, FEBR~JARY 10, 1976 PAGE 2 ORDINANCE NO. 5-76, pertaining to the establishment of a Special Development District 4 and amending the zoning ordinance and the official zoning map, was introduced on first reading. Paul Sc~~lauch (last name not distinct on tapes}, attorney, was present as re- presenting Gore Creek Associates, and stated that he was prepared to abide by the judgement of the Planning Commission as he felt the recommended zoning revisions were as his client understood that they would be. He anticipated that his client would return as they pre- pared specific development plans to request variances to allow their project to develop reasonably, Mr.Schlauchpresented a legal document to Larry Rider, Special Council to the Town of Vail, and described to the public in layman's terms, its contents. Mayor Dobson asked Mr. Rider to be prepared to again explain to the council when it came time to vote, what the document was saying. . There was a request from the audience to the Mayor that the minutes from the Planning Commission Hearing of November 26, 1975, and. the minutes from the Council Meeting of December 4, 1975, be made part of this record as it would make staff presentations from those meet- ings part of the official record. Bi11 Lamont, private consultant to the Town of Vail, expressed the opinion that all steps, drafts, phasing, of proposals have gone through preliminary work that couldn't always be included with each presentation. Councilman Donovan spoke at some length on his philosophy and the one he hoped the Council would adopt towards density transfers. To make his point clear he asked Jim Lamont to explain density transfer using specific property and numbers. Councilman Staufer expressed concern over the Tawn solicitying support for annexation and then immediately using that same property to imple- ment a new policy on density transfers. DiscUSSion ensued regarding the philosophy of how to deal fairly and equally with different devel- opers. Mr. Rider went over the proposed amendment, referring to specific pages . of the document which the council had, explaining the different points that had been discussed, moved Councilman Donovan/that Ordinance No, 5-76, as amended, as outlined by Mr. Rider, be approved upon first reading; Councilman Wilto seconded the motion; all present voted aye with the exception of one; and the motion carried. ORDINANCE 6-76, an ordinanceestabiishing Special Development District 5 and amending the zoning ordinance and the official zoning map, was introduced on a first reading. This involves property owned by Lions- ridge Limited. Jim Lamont defined the location, size, and presented a legal document which summarized the Planning Commission's review and recommendation of proposed ordinance. Some of the proposed zoning was used to describe the generally philosophy towards the development of the district. Mr. Rider questioned the council as to whether or not they had received the ordinance prior to the meeting, hoping to reduce the time needed to go over it point by point. i ~4: t/ REST OF TAPE BECOMES VERY INAUDIBLE DUE TO THE SOUND FROM THE REVERSE SIDE COMING THROUGH: TWO SOUND TRACKS AT ONCE AND THE BACKWARDS TRACK IN PREDOMINANT. MINUTES SPECIAL MEETING VAIL TOWN COUNCIL FEBRU::ARY 1O, 1976 PAGE 3 An attorney far the property owners presented their development plans for the property which they had developed in compliance with the ori- ginal zoing, pointing at specifics which don't comply with the proposed ordinance. He concluded by saying that he was not able then to accept the proposed ordinance, pointing out that his client had assumed that the town staff's zoning recommendations,when asking for support for the Lionsridge annexation, had been the model far the final zoning process. He suggested alternative zoning which would arrive at the same planning goals but would also allow his client to develop their property as they had planned. LONG SECTION WITH NOTHING AUDIBLE. The council responded to the lawyers presentation.- The council was • divided on their position. Mayor Dobson stopped the debate. Mr. Rider said that the council must amend or revise the special district ordinance before they could proceed to the traditional zoning, A motion was made and seconded, (actual motion not audible) and a roil call vote was taken but not audible as to replies: outcome inaudible. ORDINANCE 7-76, an ordinance establishing Special Developr~ent_.gis..t~'ict 6 and amending the zoning ordinance and the official zoning map, was presented on first reading. Vince Turner, an attorney representing the property owner and developer, stated that he didn't feel authorized to agree to the proposed ordinance in whole, that development area A was acceptable but development area B was not. Mr. Rider and Mr. Turner discussed the legal course of action in such a situation. It was moved (inaudible by whom) that Lots 6,7,$,9, and a portion of 10, Block C, ......(reaaing part of motion inaudible); Councilman Donovan seconded the motion; a vote was taken but specifics were . ~ inaudible; and Mayor Dobson stated that the motion stands apposed. Inaudible portion; Mayor Dabsan entertained a motion to approve unheard recommendation; Councilman Wilto made the motion as stated; Councilman Donovan seconded it; all present voted in favor of the motion; and the motion passed, Steve Mullen, President of Mountain Properties, which is the main developer of A-3 accepted area and the area above it, spoke as to the developer's plans and presented an architect with their preliminary sketches. The council raised the question of the policy of discussing zoning for proposed development when the developer doesn't presently own all the property involved. The council stated that they felt they were obligated to zone each parcel based on the facts they presently had but encouraged any developer to return with a specific proposal after he owned the property. Specifically, then the council would consider making a special development district out of parcels A-1 and A-2. It was moved to zone A-3 in the Lionsridge annexation as agricultural as recommended by the Planning Commission, (inaudible as to by whom); Councilman Donovan seconded the motion; a vote was taken but ayes and nayes were inaudible; and the motion passed. Several councilpersons wanted to again encourage the developer to re- turn with his specific proposal at which time discussion could open. MINUTES SPECIAL MEETING VATL TOWN COUNCIL FEBRUARY Z0, 1976 PAGE 4 A motion was made and seconded to zone A-1 and A-2 residential cluster, (specific motion and by whom inaudible); all present voted in favor; and the motion passed. Councilman Donovan moved to zone, specifics inaudible, the 9 acres agricultural; the motion was seconded by (inaudible}; all present voted in favor; and the motion passed. Mr, Lamont presented A-8 and A-9, describing the amount of acreage in each parcel, the owner's request for zoning, and the Planning Commission's recommendation for zoning. Councilman Donovan moved that A-8 and A-9 be zoned residential cluster, (much of motion inaudible); Councilman Ruder seconded the motion; all present voted in favor; and the motion passed. Councilman Ruder moved to zone A-7 low density multi family; Councilwoman Klug seconded the motion; a17 present voted in favor; and the motion passed. Mr. Lamont presented the property owned by Nottingham, described its present development status, and gave the Planning Commission's zoning recommendation. Discussion inaudible. Councilman Donavan moved that parcel {inaudible) be zoned agri- cultural; the motion was seconded by (inaudible); all present voted in favor; and the motion passed. Mr. Lamont presented B-1 and B-2, Snow Lion, describing the amount of acreage in each parcel, the present development status, and the Planning Commission's zoning recommendation. Council comments inaudible.. Councilman Donovan moved to zone it as recommended by the Planning Commission; Councilman Staufer seconded the motion; all present • voted in favor; and the motion .passed, Mr. Lamont presented Sandstone 70, owned by Dudley Abbot, described the size of the parcel, site development status, the owner's zoning request, and the Planning Commission's zoning recommendation. Discussion followed. A presentation either by the owner or counsel representing the owner (inaudible) included the proposed development of the site. Discussion followed regarding the owner's request and the Planning Commission's recommendation; the problem of such a radi- cal difference of zoning densities provoking much comment. A motion was made, (by whom and specific motion inaudible}, to zone parcel in question low density multi. family; Councilman Donovan seconded the motion; voting was interrupted to again discuss the ethics of leading an owner to believe one thing as to the future zoning of a parcel and then reducing the density in the final pro- posal; a roll call vote was taken (inaudible); and the outcome of the vote in inaudible. Mr, Rider proposed a motion for summary: Ordinance No. 7-76, as amended by the following: 1. Changing all references therein from Lots C-6 though C-71 consisting of 8.$~ acres to Lots 11 and the S.E. portion of Lot C-10, consisting of 2.54 acres 2. Changing all references in Ordinance No. 7-76 to development area A to S.D. 6 3. Striking all references in Ordinance 7=76 to development area B MINUTES SPECIAL MEETING VAIL TOWN COUNCIL FEBRUARY l0, 1976 PAGE 5 4. Striking all references in Ordinance No. 7-76 as to requirements of an approved development plan 5. Amending Ordinance No. 7-7b as to the establishment of businesses (inaudible)...property of develop- ment is presently existing and there wi11 no further development thereon. Mr. Rider's outline was moved for approval {inaudible as to by whom); seconded by Councilman Heimbach; all present voted in favor; and the motion passed. Councilman Heimbach moved for the adoption of Ordinance No. 7-76 as amended; Councilman Donovan seconded the motion; ail present voted in favor; and the motion passed. Mr. Lamont presented {inaudible) which. he did in block, describing the acreage of the sites, present development status, and the Planning Commission's zoning recommendation. Councilman Donovan moved to adopt {inaudible) as outlined by Jim Lamont tonight and as recommended by the Planning Commission; Councilman Staufer seconded the motion; all present voted in favor; and the motion passed. Mr. Lamont present the McAllister parcel, (specifics inaud7ble). Councilman Wilton moved to accept the recommendation of the Planning Commission; Councilman Donavan seconded the motion; all voted in favor with the exception of Councilman Ruder who abstained; and the motion passed. Councilman Heimbach moved to approve the zoning district maps with the amendments as to Lots C-1 through Lots C-5 from Special Develop- ment District No. 5 to res. clusterC-5 through C-92 from Special Development District No. (rest inaudible}: Councilman Donavan seconded the motion: a roll call vote was taken; Councilman Staufer, yes; Councilman Donovan, approve; Councilman Heimbach, approve; Councilwoman Kiug, approved with the exception of extension of C-E through (inaudible); Councilman Wilto, (inaudible response}, with the {inaudible} piece of property be7inging to (inaudible); and the motion passed ~,rith the exception noted. Mr. Rider then read the Ordinance No. 4, series of 197fi, (inaudible); Councilman Heimbach moved acceptance; Councilman Staufer seconded the motion; all present voted in favor; and :the motion passed. As there was no further business, the meeting was adjourned at 2:30 a.m. -~ ATTEST: PLC Town Cerk PUBLIC NOTICE In accordance with the provisions of the Home Rule Charter for the given that a vacancy will Commission for the Town o be submitted in a written any interested parties on March, 1976. Town of Vail, notice is hereby be filled on the Planning f Vail. Applications should form to the Town Clerk by or before the 1st day of Dated this 11th day of February, 1976. TOjYN OF VAIL By i Town Clerk "~ Published in the Vail Trail neswpaper on February 13, 1976. ~.. SPECIAL MEETING NOTICE TS HERESY GIVEN that there wi71 be a Special Meeting of the Town Council of the Town of Vail, Colorado, on Tuesday, February 10, 7976, at 7:30 P.M „ in the Council Chambers of the Vail Municipal Building. The purpose of the Special Meeting is to adopt an ordinance to impose zoning districts on the Lionsridge area annexed to the Town and to amend the Official Zoning Map and to adopt ordinances creating three Special Development Districts. Any interested parties are encouraged to attend this Special Meeting. ~~ ' Mayor ATTEST: Town C1 e4~c U Q • v ~` ~~~~~ ~ ~~ o. !~ ~ s ~ ~ ;, ~ V ,~ o a ro l " ' ~' W T my:5 j ~ m ~ L ~'' ~ ~` ~ m ~~pp ~. m ffi'a 4 _~~Om.Y ~~~ r- v 3 fill ..N N. ' ~ . ~ ~. _~ O b .1 D $ d ~ N ~ ` ~ ~-. ~ O Q ' ~ ' ~ F U N D 'R w Q - y V O' Z ~D y.,-p CRS' ~' W N U a r O 6)~ ~~ O ~~ "C y ~ a O ~ n ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~~ mac... ~ ~.~ ~ ~ ~., ~. o ~ .. - , ~ ~' A o m G~i H ~ ~ +' C ~ _ w N ~ I a> a.+~. R. t-. w Q O +a H ~ .C ..C ~ U {' d awi ~ y s~ Qr O ~ ~ .~ ~ ~ ~ - ~~ O ~b.W ~ O ~~ .yam. ~ M c~tl ,C .«. ~ •~ 'C ~ ~ ya as :~a .a 4-i w " F Q,~a~ac~~~~o ~ ~ ~ ~ o A ~ ~~. ~~~~'~~~~ ~ '~ ~ ~ I ~ m CJ ... y ••• O ~ d w -u 61 ~ w ~ W E" ~ ~ ~ ~ ~ ~ ttl ~ w v O ~ 'O 7! O Cyd ,p -'f _ ~ ~ (3 w Q W O ~ ~ a ~ ~ O ~ ~ ~ ~ ate'. ~ ih ~ 0~i ~ ~ ~ ~ rEr~ U ~..~ ~ a.c~ o. ~ ~ ~ ~ ~ ~ ~ w c°s a Q, ~ to a ~ r MINUTES VAIL TOWN COUNCIL REGULAR MEETING . FEBRUARY 17, 1976 The regular meeting of the Town Council of the Town of Vail, Colorado, was convened at 7:30 P.M. on Tuesday, February 17, 1976, in the Vail Municipal Building Council Chambers. Mayor John Dobson and the following council members were present: John Donovan Bi17 Heimbach Kathleen Klug Bob Ruder Joseph Staufer Bill Wilto Also present were: Larry Rider, Special Town Counsel Terrell Minger, Town Manager • Sam Maphis, civil engineer from Briscoe, Maphis, Murray & Lamont ORDINANCE NO. 3-76, adopting a personnel merit system and salary schedule for Town of Vail employees, was introduced on second reading. The Mayor commented that the ordinance has been studied in depth by the Town Council and the town staff and was approved on first reading. Councilman Wilto moved to approve the ordinance on second reading; Councilman Donovan seconded the motion; all present voted in favor; and the motion carried. Mayor Dobson moved that pursuant to Section 12S of ORDINANCE N0. 1~-74, the service charges designated therein as "Effective as of November 1, 1975 {subject to satisfaction of applicable provisions of collateral agreements)" wiT1 become effective on March 1, 1376, inasmuch as the franchisee has substantially fulfilled the requi- site obligations pertaining to said charges, provided that the fran- chise delivers to the Town of Vail, Colorado, before March 1, 1976, its written waiver as to an increase in said charges for the period November 1, 1975, through February 29, 1976, and its acceptance of said charges commencing on March 1, 7976. Councilman Donovan moved acceptance of the February 5, 1976, Letter Agreement between meat the November 1, 1976 rate schedule as Gilman Heimbach seconded the motion; all and the motion carried. motion as stated in the TOV and CTI to imple- of March 1, 1976; Coun- present voted in favor; In regard to the lease agreements for the Vail Transportation Cen- ter with the Vail Resort Association, Vail Cab Company, and Otto Stork for the Deli Depot, Terrell Minger, Town Manager, explained the that he was requeseting lease agreements which the council had authorized him to negotiate: the lease with the Vail Cab Company is not yet ready. Mr. Minger defined the specific terms of each lease; the financial agreement and any special conditions. Councilman Ruder moved to ratify the Vail Resort Association and the Otto Stork-Deli Depot leases; Councilwoman Klug seconded the motion; all present voted in favor; and the motion carried. PRESENTATTONS Mayor Dobson added a presentation in regard to a conditional use permit requested from Mountain Music for additional space above the area where they are now. Duna Toughill of the Community Development Department of the Town of Vail outlined the situation, the staff recommendation, and the zoning and Planning Commissions recommendations as the council hadn't gone over this request in council work session. Mayor Dobson reiter- ated that there was unanimous approval from the zoning and Planning MINUTES VAIL TOU~N COUNCIL REGULAR MEETING FEBRUARY 17, 1976 PAGE 2 Commissions. Councilman tiJilto moved that the conditions as outlined for Mountain Music be granted; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried. Tn regard to the presentation concerning certain details of a proposed Special Paving District for Bighorn, Mr. Minger explained that the purpose was to explain what they think the approach to the paving project should be plus an opportunity for the council to listen to the public's attitude toward or opinions on the project before draft- ing the final process. Mr. Minger presented the Town of Vail's paving history, establishing that the precedent for special paving districts had been set very early in the Town's history. He reported on the subcommittee's find- ings; that they felt that over the next two or three years the five bridges in B;i~ghorn would have to be replaced, two being presently un- safe and the other three in the hundred year flood plain. So part of this project would be to bring up the macadam surface plus install culverts plus drainage as well as the replacement of five-bridges. They recommend to the council, though, that the cast of the bridges which they estimate to be at the most $125,000, be paid for by the Town of Vail which could come from the open space capital improvement fund. {~1r. Minger said that the subcommittee had been using a group of con- sultants, Briscoe, Maphis, Murray & Lamont to help put together a paving district, and that Sam Maphis, a civil engineer with much ex- perience in paving districts, was present to go through with the public the methodology used in creating a paving district and then the explanation of the proposed assessment project that they recom- mended for our particular case. Mr. Maphis used a color coded map to show the roadways under discus- sion and to point out the location of the five bridges. He described the details of laying base, putting in surface, and the possible . affects on the side of the roads plus .the plans for grades of approaches to bridges and highways and the width of the roadways; explaining the whys of all the steps, He detailed the various ways of assessing property owners and the pros and cons of each. He then made a recommen- dation based on Bighorn's situation: the best would be to equate all of the land uses in the area, there are five of them, and divide them equally.. He supported this choice with an explanation and citing useage studies that have been conducted. The process was explained in mare detail: each property would be diT vided by the maximum number of units allowable by zoning which gives a certain number of appraisal units. The proposed paving costs were then divided by the-total number of appraisal units which produced an equivalent unit paying $650.00. To finance the entire project a bond should be set up with a payout over an acceptable period and then the individual property owners could elect to pay the entire sum at one time orpay in increments which would be an interest plus principle figure. The project requires at least 51% of the equivalent units to vote in _ favor of the project: if affirmative, then a preliminary hearing • would be set, (further explanation inaudible). We are now in a preliminary role where the council approves the dis- trict and sets it up and says who owes what. Specific details of a step by step getting it actually paved was gone over. Discussion followed. After many questions, the Mayor summarized that the goal of this meeting was to get a feeling as to whether we're on MINUTES VAIL TOWN COUNCIL REGULAR MEETING • FEBRUARY 17, 196 PAGE 3 the right track essentially and then face more specific questions and problems at a later meeting. In questioning whether that sense of approval was there there were no major objections. Mr. Maphis then outlined that there should be a meeting with a few representatives from the proposed district to set up a more specific schedule and then hold a public hearing, Mayor Dobson suggested that Kent Rose, Director of Public Works for the Town of Vail, could work out the different sections of the district and see who could repre- sent them and then set up meeting. Mayor Dobson said as there didn't seem to be any objections, they would pursue as discussed. In regard to a proposed Vail Associates and U.S. Forest Service land trade, Roger Tilkemeier from Vail Associates, explained that the trade • ~. :~. involved approximately 240 acres owned by Vail Associates and 140-some owned by the Forest Service. Vail Associates land is two 80 acre parcel. in the homestead parcels in the Cross Creek area and 80 acres on North Antholz property near Spraddle Creek. The Forest Service property is adjacent to the Vail Associates Potato Patch development and a l0 acre parcel on which the Vail- Metropoli- tan Recreation District':s golf course maintenance building is situated, which is now there on a special use permit. Mr. Tilkemeier said they would be glad to add any other land parcels into the requested trade if there was something that the Town of Vail would be interested in. Mr. Minger read a letter he had drafted which stated support of the trade in the public interest and specific annexing and zoning actions the Town would take for each traded parcel. The letter would be sent only with the approval of the council and the Planning Commission. Councilman containing parcels. Councilman outlined; voted in f Donovan suggested striking the second part of the letter the specific legal details of annexing and zoning the Wilto moved to endorse the letter which Mr. Minger had Councilman Heimbach seconded the motion; all present avor; and the motion passed. In regard to the feasibility of acquiring the Katsos property for the dvelopment of a golf course, Mayor Dobson said that the matter has been discussed informally for some time among the council and with Vail Associates. The Katsos property is situated between the east end of the golf course and the west end of Bighorn. He said that Ben Krueger had made preliminary studies for the Recreation District and that it seemed that a nine hole executive size golf course could be accommodated there. The Mayor said that the council had unanimously agreed to proceed with the studies for such a use of that land, but that many questions remained unanswered as to the feasibility. Vail Associates has given the Town until July 1, 197, to study this project. Regarding the consideration of Highway Crossing Goals and Objectives and construction deadlines, Mr. Minger gave a progress report. A meeting with the design team had produced a list of fourteen objec- tives which he then read to solicit any public opinion, pro or can, They are involved with preparing designs far crossing at different points; they are going to prepare a slide show which would solicit • feelings of space perception which they would show to adults and children both; and that the highway department had said that even though the grant has been approved, $350,000 in conjunction with 80% matching funds, progress must proceed in a "timely fashion" or thane funds could be allocated to another project. Kent Rose outlined a tentative schedule which would get the project going. • f MINUTES VAIL TOWN COUNCIL • REGUALR MEETING FEBRUARY 77, 1976 PAGE 4 In regard to a discussion of the Vail Ski Museum status and financing, Mayor Dobson reported that the council had not yet worked out the details so it would be brought up at the next meeting. In regard to discussion with Larry Livingston., a planner and attorney who worked on the original Vail Plan, he is back fora two day staff session regarding zoning and the proposed Growth Management plan for the Gore Valley. CITIZEN PARTICIPATION In regard to George Kurronen's concern about dogs on the golf course, Mr. Minger represented his feelings by saying his concern was about the dogs on the cross-country path. As there was no further business, ATTEST: G~ own Clerk the meeting was ad,~ourned. • MINUTES VAIL TOWN CQUNCZL REGULAR MEETING MARCH 2, 1976 The regular meeting of the Town Council of the Town of Vaii, Colorado, was convened at 7:3Q P.M. on Tuesday, March 2, 7976, in the Vail l~uni~ci'pa1 Building Council Chambers. Mayor John Dobson and the following council members were present: John Donovan Bill Heimbach Kathleen K1 ug Bob Ruder Joseph Staufer Bill Wi1to Also present were: Gene Smith, Specil Town Cauncii Larry Rider, Town Attorney Terrell J. Minger, Town Manager Sam Maphis, Briscoe, Murray, Maphis, and Lamont E1 don Beck, Royston, Hanamoto, Beck & Abbey Gordon Pierce, Pierce Briner & Fitzhugh Scott Rrchitects & Planners {The tape began after the official opening of the meeting) Jim Lamont, of the Community Development Department of the Town of Vail, introduced the meeting as the second Public Hearing on the Lions Ridge Annexation, there being two special development dis- tricts to consider. Special Development District No. 4 discussion was begun by Paul Schlauch, the attorney representing Koebei and the Gare Creek Associates, the partnership that owns the property in the proposed district. He offered two very technical amendments to the ordinance, He also questioned the council for clarification of a few specific points in the Special Development District: he read the paints and gave his awn interpretaion and wanted confirmation as to whether the intent was as his client interpreted, His concerns involved paragraphs K, L, and M, pages 9 and 1Q, Mayor Dvbson spoke into the record in response to the specific inquiries; 1. Regarding the semantics of "limited partnership", "there's no problem". 2. Regarding paragraph K, subparagraph 2; "the developer shall improve in the building construction energy and water cvnser- vatian controls as general technology exists at the time of construction":•Mr. Schlauch wanted clarification of general technology. Mr. Rider, Town Attorney, spoke far the council saying that their concern was to get as good of construction for water and energy as possible. 3. Regarding paragraph L, subparagraph 1-A; "the developer is required to provide a bike and pedestrian path": Mr. Schlauch interpreted this to mean that the developer dedicate or pro- vide an easement or a right-of-way, or in the alternative, provide the full amenity but in return, receive an amenities tax credit for that. Playor Dobson confirmed, saying "if the developer made the improvement, the credit would be applicable. - Tf he chose not to, the easement will be provided and the Town would make the improvement". MIN~TEs VAIL TOWN COUNCIL REGULAR MEETING MARCH 2, 197 PAGE 2 4. Regarding paragraph M, subparagraph 1; "the developer shall provide adequate transportation services to users and guests of the development as to transfer them from the development to the village core area, etc.": Gene Smith agreed that the word- ing was not clear enough so Diana Toughill, of the Community " Development Department, and Paul Schlauch met and Mr. Rider approved and the wording was changed to read; ""developers shall provide adequate private transportation service, etc", the insertion of the word "private" being the only change. Councilman Heimbach moved to approve Ordinance 5-76 on second reading; Councilman Wilto seconded the motion; all present voted in favor; and the motion carried, ORDINANCE -76, an ordinance amending the official zoning map of the Town of Vail and imposing zoning districts on the Lions Ridge area annexed to the Town, was presented on second reading. Councilman Wilto moved to approve the ordinance; Councilman Heimbach seconded the motion; a71 present voted in favor with the exception of Councilwoman Klug who abstained; and the motion carried. Mr. Rider suggested that since there have been no changes since the first publication of the ordinance that it might be published by title only. A member of the audience challenged that it was published in full the first time, Mr. Lamont supported that challenge; and Mr. Rider withdrew his suggestion since the ordinance has to at least once be printed in full. The formal motion made to accept Mr. Rider's suggestion was withdrawn. ORDINANCE No. 4-76, an ordinance amending the official zoning map of the Town of Vail and imposing zoning districts on the Lions Ridge area annexed to the Town, was presented by Mr. Lamont on second reading. Stu Brown, attorney, spoke representing the fallowing owners of land in the area which is subject to this zoning ordinance: Courchevel, Lot B-1 and B-2, Willis Nottingham, Lot A-~7, Lot A-8 for Leo Payne, and Lot A-9 far Dean ~-- Knox. Mr. Brown recited,. client by client,:thei.r position, (As much of the proceeding is inaudible or only partially so, an accurate record is very difficult). He summarized all the presentations by saying that the underlying principle to which he refers, is the principle that pertains in all zoning: that unreasonable diminishment in an owner's property with- out justifiable exercise of the police power fvr the general public good is unreasonable and confiscatory, "This issue will be raised and brought to a non profit forum." He concluded that this was more a notice of intent rather than of any constructive attempt to bring to compromise in any one of these cases at this late date. Joseph Sylvester, representing the Snow Lion condominium owners, twenty-six in a71, stated far the record that he does not agree with the comments presented by the previous speaker (Mr, Brown}, that he feels the zoning is proper and should proceed as it is proposed. Mr. Rider spoke for the council for the record; he thinks we've dis- cussed a number of times in the Public Hearings the reasons why the council and the planning Commission have done what they`ve done and thinksthe retard should speak for itself. Ra]ph 51oan of Colorado Investment Services went..on record.ta agree with Mr. Brown; "in the acquisition of the zoning Ordinance in the balance of the Vail Run property Twill continue to fight to nullify the annexation to the Town of Vail, and if unsuccessful in that method, I will continue any legal matters necessary to get legal compensation and just compensation for the downzoning of the balance of the Block C development." MINUTES VAIL TOWN COUNCIL REGULAR MEETING MARCH 2, 197b PACE 3 Steve Mullens, President of Mountain Properties, representing Lot A-3, presented a letter from the owners of Lots A-1 and A-2 which gave a right-of-way access through their lots to Lot A-3. Mr. Mullen was requesting equal zoning for the three lots and the architect was supposed to have been present so that the architectural drawings of the proposed development could have been considered. Councilman 5taufer spoke in favor of Mr..h1ullens` request, remind- ing the council that they had postponed the same request at a pre- vious hearing until a letter of acceptance from the owners of A-7 and A-2 was received; Mr. Mullen's now has it; and the council should be obligated to stand behind their promise. The council discussed changing the zoning on A-3 from agricultural to residential cluster; there was debate as to whether the council would be binding the developer to no future request for density trans- fer or not. Councilman Wilto moved to amend Ordinance 4-76 to provide that Lot A-3 be zoned RC {residential cluster) rather than agricultural; Councilwoman Klug seconded the motion; all present voted in favor with the exception of one nay, Sill Heimbach; and the motion carried. Mayor Dobson entertained the motion that Ordinance 4-76, an ordi- nance amending the official zoning map of the Town of Vail and imposing zoning districts on the L-ions Ridge area annexed to the Town, be approved on second reading as amended: Councilman Donovan seconded the motion: a roll call vote was taken (the voting record is mostly inaudible: the best that can be determined is): Council- man Staufer, inaudible; Councilman Klug, approve with the exception of the abstention of the Block C, Lots 6,7,8,9,10, and 11, Lions Ridge filing No. 1; Councilman Heimbach, approve with the exception of the amendment on Lot A-3; Councilman Wilto, approve; Councilman Donovan, . inaudible; and Councilman Ruder, approve with an abstention on the McAllister, Fleming Lumber, and Willis Nottingham parcels: and the motion carried. ORDINANCE 7-76, an ordinance establishing Special Development District 6 and amending the zoning ordinance and the official zoning map was introduced on first reading. Mr. Lamont presented the history of the development of the project, described the location, and stated the owner's zoning request. Bi17 Ruoff, the architect for the project, reviewed the architectural drawings, described the existing zoning for the land and the potential development allowable with the present zoning, then presented the alternative project possibilities available with the creation of a Special Development District supported with the proposed building drawings. Eldon Beck of Royston, Hanamoto, Beck, and. Abbey, went through the thought process which produced the .request for a Special Development District. He recommended approval for the SDD which he clarified as being the permission to proceed in a creative way within the con- straints assigned by this plan, not an endorsement of this specific plan. Mayor Dobson stated that the Planning and Zoning Committee and the council and the Design Review Board are all very familiar with the project after many formal and informal meetings on the plan; that the Planning Commission approved; and the staff recommends approval. Questions from the floor addressed the general zoning philosophy of the Town of Vail. . . MINUTES VAIL TOUlN COUNCIL REGULAR MEETING MARCH 2, 1976 PAGE 4 Councilman Wilto moved to approve Ordinance 7-76 on first reading; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. ORDINANCE 8-76, an ordinance authorizing the Town of Vail to make a special endorsement on a $30,000 promissory note fa the Vail Centen- nial Ski Museum, Inc., to accommodate it in obtaining a loan from the Sank of Vail for the Colorado Ski Museum, was presented on first reading. Mayor Dobson added that this is a note that would be signed faintly by the Town of Vail and Vail Associates and will not incur any outlay of cash. Councilman Donovan moved to approve Ordinance 8-76 on first reading; Councilman Wilto seconded the motion; all present voted in favor; and the motion carried. PRESENTATIONS In regard to the Vail Associates./U.S. Forest Service land exchange proposal, Roger Tilkemeir made a statement on behalf of Vail Associates. He read a letter which had been sent to Terrell Minger and one sent to Mr. Nunn of the U.S.F.S.: VA was asking the Forest Service to hold. the documents to provide additional time for VA to further consider the merits of the proposed VA/USES land exchange. The Mayor said that in view of VA's request and the council's feelings, the TOV is sending the following letter to Ernie Nunn of the Forest Service, the letter meant tFiat the situation is open for considerably more discussion and no action will be taken by the council without a Public Hearing in connection w~~th it. Discussion included a statement from Mr. Nunn who said that the Forest Service will not act on a land exchange until they have support from the Town of Vail and Eagle County Commissioners. In regard to the I-70 crossing, Mayor Dobson introduced the presentation by saying that a team of professionals have been brought in to help guide the project. Mr. Minger went over the history of the highway crossing development, described plan options on how to proceed with the planning and the consequesnces of difference choices, and gave the names of the professional consultants comprising the design team used by the TOV on the project thus far. Iri order to meet the deadline ,of May 15, 1976, to received the highway. funding, the decision by the council orx an over or under pass must be made by March 16, 1976. The funding is being provided, 80% by the federal government, up to a total of $350,000, a $250,000 general obligation bond issue voted on by the people of Vail, plus Vail. Associates have promised to share any costs over $250,x00 on a 50-50 basis. Mr. Minger then read the list of goals and objectives as the design team had drawn them up: 1. That we permit pedestrians and bicycles across I-70 between Lionshead and Sandstone 70 and Vail West. 2. That we place emphasis on serving the area resident whoever works, plays, lives in that general area, i.e. elementary school children at the K-~ school, the general public, tourists, etc. 3. That we discourage the use of private automobiles. 4. That we maximize the use of the valley bus system. 5. That we create a significant symbolic psychological sociological tie as well as physical tie between the MINUTEs UAIL TOWN COUNCIL REGULAR MEETING MARCH 2, 1976 PAGE 5 various neighborhoods bisected by I-74. 6. That we create the minimal environmental impact. 7. That we enhance, when possible, the interstate highway corridor. 8. That we physically separate pedestrians and motv~ized vehicles. 9. That we create an movement systems 10. That the crossage bicycle trails. 71. That we maintain budget. d extend the pedestrian and bicycle and linkage with the rest of the town. and linkage -tie into the rest of the the fiscal integrity of the proposed 12. That we achieve the best of the citizens of Vail. social and consistent desires 13. That we create a highway crossing that's compatible with the Gore Valley and the unique quality of Vail. 14. That we assure that the safety and well being of the people using the facility receives highest priority and attention. 15. That we create a positive pleasurable experience in cross- ing that is consistent with the unique qualities in the character of Vail. Councilman Donovan moved that the Goals and Objectives as outlined here, 7-15, be adopted as the criterion for arriving at the best possible solution for the I-70 highway crossing; Councilwoman K1ug seconded the motion; all present voted in favor; and the motion passed. Mr~. Sam Maphis presented the highway department requirements and same engineering requirements; Gordon Pierce addressed some pre- liminary ideas and sketches and cost comparision in relation with architectural designs, giving a progress report, not a final de- sign; Eldan Beck discussed landscaping development philosophy in conjunction with aesthetic considerations; and Kent Rose out- lined the history of the development of the citizen`s advisory group and defined their purpose. Discussion followed (much of the discussion is inaudible due to two sound tracks}. Mayor Dob- son wrapped up the public discussion, encouraging mare of the same kind of interaction in the next two weeks. As there was no further business, the meeting was adjourned. ~~ • ATTEST: Town Clerk l~l ~Gec;C ~a m TNUTEs VAIL TOWN COUNCIL REGULAR MEETING MARCH 16, 1976 The regular meeting of the Town Council of the Town of Vai1,~,Golorado, was convened at 7:30 P.M. on Tuesday, March 16, 1976, in the Vail Municipal Building Council Chambers. Mayor John Dobson and the following council members were present: John Donovan Bill Heimbach Kathleen Klug Bob Ruder Joseph Staufer Bill Wilto Also present were: E1 don Beck, of Royston, Hanamoto, Beck & Abbey Terrell J. Minger, Town Manager Ordinance No. 7-76, an ordinance establishing Special Development District 6 and amending the zoning ordinance and the official zoning map, was presented on second reading, Eldon Beck pre- sented an amendment proposalto the report submitted at the March 2, 1976, Town Council meeting: 1. That the average height of the buildings will not exceed 45 feet and the roof height above (the rest inaudible). 2. The intent is that the building complex be as low as possible and that at this level of detail it is not realistic to tie down precise maximum elevations. The final decisions regarding the elevations will depend upon further details provided by the architect by the projection of building mass onto the photos of the actual site positions. 3. At this point the (questionable wording, inaudible).... final heights will be established....(inaudible). Mr. Beck went into the various building elevations of the proposed development, applying the proposed zoning amendment. Councilman Wilto moved adoption of Ordinance 7-76 as amended ac- cording to the recommendations of Eldon Beck; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried. ORDINANCE 8-76, an ordinance authorizing the Town of Vail to make a special endorsement on a $30,000 promissory note of the Vail Centennial Museum, Inc., to accommodate it in obtaining a loan from the Bank of Vail for the Colorado Ski Museum, was presented an second reading. All debate and motions indaudible and the motion carried(as best as can be heard). ORDINANCE NO. 10-76, an ordinance providing for negotiation of municiapl contracts, was introduced on first reading. Any further dicussion and the voting record is inaudible. ORDINANCE 9-76, an ordinance concerning special improvement districts within the Town was totally inaudible; if i~i;'was dis- cussed or voted on was not discernable. PRESENTATIONS In regard tv the T-7O Crossing, Terrell Mi:nger introduced the consultants who would be~addressing the meeing, gave a brief his- J . P1I-NUT LS UAIL TOWN COUNCIL REGULAR MEETING MARCH 16, 7976 PAGE Z Cory of the conceptual development of the highway crossing, and emphasized that the main concern at this meeting ~Fras to determine whether an aver or underpass be built. Eldon Beck presented a slide series depicting different highway crossings, over and under, pointing out various types of land- scaping and their impacts. George Bergen represented Claire Cooper-Marcus and presented the sociological and psycholigical impressions on over versus under pass. Representatives from the highway department spoke. Discussion teas extensive; much inaudible. • Councilman Staufer moved that they start the design team working on the overpass approach, (rest of motion inaudible}; Councilwoman ~Clug seconded the motion; a roll call vote was taken (renonses inaudible}; and the motion carried. As there was no further business, the meeting was adjourned. ATTEST: ~~~~~ Town Clerk t { • MINUTES REGULAR MEETING VAIL TOWN COUNCIL. 6 APRIL 7976 The regular meeting of the Town Council of the Town of Vail, Colorado, was convened at 7:30 P.M. on Tuesday, April 6, 1976, in the Vail Municipal Building Council Chambers. Mayor John Dobson and the following councilmembers were present: Josef Staufer John F. Donovan Kathleen Klug Bob Ruder Bill Heimbach Bill UJi7to Others present included: Terrell J. Minger, Town Manager Larry Rider, Town Attorney Mayor John Dobson opened the meeting by introducing Mr. William Foster, Mayor of the City of Palm Springs. ORDINANCE No. 8, Series of 1976, providing for the negotiation of municipal contracts, was introduced on second reading. The Mayor and Mr. Rider briefly reviewed the ordinance authorizing the Town Manager . to sign contracts on approval of the Town Council. Councilman Donovan moved to approve the ordinance on second reading; Councilman Staufer seconded the motion; all present voted in favor, and the motion carried. ~'he Town Clerk was instructed to have the ordinance published. ORDINANCE No. 9, Series of 1976, relating to local improvement districts, was introduced on first reading. The Town Attorney explained that the ordinance outlined procedures for the Council to initiate local improvement projects to be implemented by the Town Manager, bonding procedures, and assessment procedures to pay for the projects. Council- man Ruder moved to approve the ordinance on first reading; Councilman Wilto seconded the motion; a17 present voted in favor; and the motion carried. The Town Clerk was instructed to have the ordinance published in full on first reading. The Mayor then went back to the first part of the Agenda, a report from the American Institute of Planners regarding energy conservation planning for Vail. Per. Minger stated that the AIP was currently meeting at the Mark, and he introduced Jerry Mylroi, the Director for Professional Development for the American Institute of Planners. Mr. Mylroi then made a few brief remarks and introduced the members of the task force who would be speaking to the Council: Sandy Pearson, national staff ,df the AIP; Dr. George 5zego, President of Intertechnology, Corp.; Michael Sizemore, architect, the Energy Group; Dr. William Oswald, professor, Department of Sanitary Engineering and Public Health, University of California at Berkeley; Dr. Larry McKuen, analyst with the Resource Recovery Division of the EPA; and Dr. T. Owen Carroll, research scientist with the Energy Policy Analysis Division, Brookhaven National Labs. Dr. Carroll was the first speaker, of Vail estimate future growth and get a total demand picture for the a land use analysis for the whole lating a total demand picture. and he recommended that the Town energy to be consumed by that growth entire Gore Valley. He recommended valley as a first step toward formu- • 4 Minutes/Regular Meeting 6 April 1976 Page Two Dr. Oswald then commented on the need to monitor the water quality of Gore Creek. He favorably noted the Nature House experiment. Dr. McKuen recommended a recycling program to create energy from solid wastes. He also recommended that Vail recycle beverage containers and newspapers. Dr. Szego, who is conducting a study for the Town of Vail regarding alternate energy sources, discussed such alternatives as solar heating, a district heating system - whereby several buildings are heated from the same central system, diesel heat pumps, thermal power, water power, and wind power. He noted that Vail is not a good place to use wind power. His report should be ready for the Town's review in a couple of weeks. Mr. Sizemore noted that Vail is vulnerable to energy use fluctuations and that the citizenry should be educated to conserve. He suggested trying out techniques at the Nature Center, then writing what works into the building code for enforcement. The Mayor thanked the AIP for their comments and announced a short break. The meeting was reconvened, and the Council moved on to Ordinance 10. ORDINANCE No. 70, Series of 1976, adopting by reference the 1974 Model Traffic Code, was introduced on first reading. Chief of Police Gary WaTI explained that this ordinance was basically a housekeeping matter to update the traffic code being used by the Vail Police Department. The Department is currently using the 1971 Model Traffic Code. Counci l- man Donovan 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 on first reading. RESOLUTION No. 2, Series of 1976, instituting a special improvement project far the streets, roads, and public ways in the Bighorn area, was introduced and explained by the Town Attorney. He noted that the resolution was an official action to initiate the .special improvement project as provided by ordinance. Councilwoman Klug moved to approve the resolution; Councilman Donovan seconded the motion; all present . voted in favor; and the motion carried. The Mayor announced that the Council needed to appoint a new member to the Planning Commission to replace Jen Wright who had recently resigned. The two people seeking appointment were Oran Pa1mateer and Dan Corcoran. The Council voted by written ballot and elected to appoint Mr. Corcoran to the Planning Commission. Regarding various special use permits, Jim Lamont explained that Dr. Peter Wells had requested a permit to change a dwelling unit to a dentist's lab. He added that the Planning Commission had' recommended deferring the matter for two weeks to obtain further information regarding other. passible changes to the Pension Isabel. Councilman Staufer moved to table the matter for two weeks pending further information; Councilman Wilto seconded the motion; all present voted in favor; and the motion carried. Regarding the Ke11y residence, Mr. Lamont explained that a change in the setback requirements was requested to erect a garage and apartment on a house situated on the Gaff Course. He added that Ben Krueger, Golf Course Superintendent, had stated that the proposed change would not create a problem for the Golf Course. Councilman Heimback moved to approve the variance request; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried. ,~ Minutes/Regular Meeting 6 April 1976 Page Three Regarding the Larkin residence, Mr. Lamont explained that the applicant requested a variance to expand a balcony on the ground floor of the Mountain Haus. He noted that the Planning Commission recommended approval. Councilwoman Klug moved to approve the request; Councilman Donovan seconded the motion; all present voted in favor; and the motion carried. Regarding the Morgan duplex, Mr. Lamont explained that the applicant wanted a front setback of 10 feet to accommodate a driveway in order to avoid traffic problems. Councilman Ruder moved to approve the request; Councilman Wilto seconded the motion; all present voted in favor; and the motion carried. Regarding the Racquet.Glub requests for a height variance, an offset variance, and a covered parking variance, Mr. Lamont explained that the Planning Commission had recommended approval far the building to be built this summer only. Councilman Ruder moved to approve the requests; Councilman Wilto seconded the motion; all present voted in favor; and the motion carried. With regard to the ice arena development, the Town Manager reported that a private donor had given the Town $350,000.00 to have the refrigerated portion of the arena (just the ice) in use by December 1976. He stated that perhaps a temporary cover would be used this winter, but that eventually the ice would be covered by a building, all to be located on Site 2A~. He briefly explained the preliminary design plans drawn up by Kump and Associates. He stated that the bus road would have to be rerouted through the area, that the teen center would have to be moved slightly, that possibly a new library could be located nearby, that a small theatre may be part of the project, that the bike path goes through the area, and that there is plenty of parking nearby in Lionshead. He added that the $350,000.00 would cover the costs of all construction this summer. With no further business, the meeting was adjourned at 10:35 P.M. ATTEST: !mil ~~'~ Clerk . MINUTES REGULAR MEETING VAIL TOWN COUNCIL 20 APRIL 1976 The regular meeting of the Town Council of the Town of Vail Colorado, was convened at 7:30 P.M. on Tuesday, April 20, 1976, in the Uail Municipal Building Council Chambers. Mayor John Dobson and the following councilmembers were present; Bob Ruder Bill Wilta Bill Heimbach John Donovan Josef Staufer Others present included: Terrell J. Minger, Town Manager Lawrence C. Rider, Town Attorney ORDINANCE No. 9, Series of 1976, relating to local improvement districts, was introduced on second reading. Larry Rider explained his memorandum to the Council outlining amendments to the ordinance requested by bond counsel. The amendments would affect the title, Section 1.4, and Section 7.6. Councilman Donovan moved to approve the ordinance, as amended, on second reading. Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was then instructed to have the ordinance published in full as amended. ORDINANCE No. 70, Series of 1976, adopting the 1974 Model Traffic Code, was introduced on second reading. Mr. Rider stated there were no changes to the ordinance since its adoption on first reading. The Mayor explained that the ordinance was a routine measure to update the Town's traffic code. Councilman Donovan moved to adopt the ordinance on second reading and to publish it by title only; 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 on second reading. ORDINANCE No. 11, Series of 197fi, regarding supplemental appropriations for buses, Site 24, the Growth Management Study, and the Ski Museum, was introduced on first reading. The Town Manager explained that funds were now available far the purchase of two Twin Coaches from Keystone, planning and site development for Site 24 in preparation for the ice arena, funding of the Growth Management Study now in progress, and improvements to the Ski Museum. Councilman Wilto moved to approve the ordinance an first reading; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was instructed to have the ordinance published in full on first reading. RESOLUTION No. 3, Series of 197b, regarding the Growth Management Study, was introduced and explained by Mr. Minger. He stated that the resolution was a request for cooperation on the part of the County Commissioners in Vail's Growth Management Study. Councilman Fleimbach moved to approve the resolution; Councilman Donovan seconded the motion; all present voted in favor; and the motion carried. C Minutes/Regular Meeting April 20, 197G Page Two RESOLUTION No. ~, Series of 1976, accepting an anonymous gift for the construction of an ice arena, was introduced and explained by the Mayor. He stated that the resolution was necessary to have the funds transferred to the Town of Vail. Councilman Donovan moved to approve the resolution; Councilman Staufer seconded the motion; all present voted in favor; and the motion carried. RESOLUTION No. 6, Series of 7976, accepting a dedication of property from Vail Associates, Inc, for use as a fountain, was introduced and explained by Mr. Minger. He stated that the dedication documents had been misplaced for some time, and that the resolution was a formality to accept the land now being used as a fountain. Councilman Heimbach moved to approve the resolution; Councilman Donovan seconded the motion; all present voted in favor; and the motion carried. RESOLUTION No. 6, Series of 1976, accepting a dedication of ,property from Vail Associates, inc. for road and bridge purposes, was introduced and explained by the Mayor. He stated that this resolution involved the bridge located near the Town Shop, and that, as with Resolution No. 5, the dedication documents had been misplaced. Councilman Ruder moved to approve the resolution; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. With regard to several variance requests, ,1im Lamont explained the request by Dr. Peter Wells to convert 260 square feet of accommodation unit to a dental lab. He stated that the Planning Commission had recommended approval and suggested that the Council incorporate the recommendations and findings outlined in the Planning Commission's March 18 memorandum in the motion as part of the Council's approval, Councilman Staufer wanted to know how this variance would relate to other requests for variances in the Pension Isabel building. The Mayor and Councilman Heimbach assures him that there was no relation to the others. No repr^esentative from Dr..Wells' office was present. Councilman Wilto moved to approve the request, subject to the recom- mendations and findings outlined in the Planning Commission's March 18 memorandum; Councilman Heimbach seconded the motion. Councilmen Wilto, Ruder and Heimbach and Mayor Dobson voted in favor. Councilmen Donovan and Staufer voted against, and the motion carried by a vote of 4to2. • With regard to two variance requests by the Garcia residence, Mr. Lamont explained that the applicant requested a 0 setback variance in order to erect a balcony on the east side of his residence. He stated that both the Planning Commission and the staff recommended denial. Regard- ing the second request, he stated that the applicant wanted a 10 foot rear setback in order to add a living room to the residence. He added that both the Planning Commission and the staff recommended approval of that variance, subject to notification of the adjacent property owner. Regarding the first variance request, Councilman Donavan moved to deny the request; Councilman Ruder seconded the motion; all present voted in favor, and the motion carried. Regarding the second request, Councilman Staufer moved to approve the request, subject to the Planning Commission's recommendations with the exception of notification to the adjacent property owner since efforts to locate an owner of record had failed; Councilman Wilto seconded the motion; a71 present voted in favor; and the motion carried. • Minutes/Regular Meeting April 2d, 1976 Page Three . With regard to a request by the Cornice fora 5 foot setback to a accommodate a solar collector, Mr. Lamont stated that the Planning Commission had recommended approval. Councilman Donovan moved to approve the request; Councilman Staufer seconded the motion; all present voted in favor; and the motion carried. With regard to a parking variance request by Vail Associates, Tnc. for the Lions View Apartments, located on Lot 9, Potato Patch Subdivision, Mr. Lamont explained that the applicant wishes to locate all parking outside the building with 50% covered, rather than locating 75~ of the parking within the building as provided by the HDMF zoning of the property. He stated that the Planning Commission had reviewed the request and had voted 2-~2. He added that the applicant has proposed tv reduce the GRFA by 30q and to Tower the height of the building by l0 feet. He also stated that the applicant has based its request partially on economic reasons in that the reduced cost of placing the parking outside the building would be passed on to renters. Mr. Lamont, then asked for discussion from Council and from the floor. Councilman Staufer addressed the Council as an interested resident of the affected neighborhood and stated that he felt since the site had originally been offered to the school district, it should be zoned residential. The Mayor directed the discussion back to the matter of a parking variance and acknowledged a letter submitted tv the Council by Mrs. Sandy Mi11s in protest of the variance. Mrs. Mi11s added her agreement to Mr. 5taufer's comments. Various members of the audience wanted to address the matter of economics in relation to the project, and many expressed a wish to hide as many cars there as possible. Councilman Donovan stated that the Council should not base variance decisions on economics. Councilman Heimbach stated that many employees within the Town felt the project would be too expensive for their rental, and that the only persons apparently in favor of it were its developers. Andy Norris, spokesman for Vail Associates, Tnc., stated that the developer was proposing medium density far a parcel zoned for high density in support of their request. The Mayor, in an attempt to bring the discussion back to the matter of a parking variance, suggested tabling the issue until the second ---- _ regular meeting of the Tawn Council in May ._ Mr. Norris requested_ ___ that it be considered at the first meeting in May in order to meet construction deadlines if approved. Councilman Donovan moved to table the issue until the first regular meeting in May, 1976; Councilman Wilto seconded the motion; Councilmen Ruder, Wilto, Heimbach and Donovan voted in favor; Councilman Staufer voted against; and the motion carried. With regard to the Town`s financial reports for the three month period ending March 31, 1976, Stan Bernstein, Finance Director, explained that in terms of sales tax, that period in 1976 was about 35% higher than the same period in 1975. With regard to the audit reports for 1975, Mr. Bernstein introduced Bill Pyka, Controller, and Wa1Ty Moritz, Auditor, to explain. Mr. Moritz stated that the audit is required by state statute, and that the independent auditing firm of Wall, McNfahon, Smith & Associates had been hired by the Town to perform the audit. He added that the auditors had come up with a clean audit opinion for the Town. Mr. Pyka reviewed the figures. CITIZEN: PARTICIPA'TTON Mr. Mossman, as a spokesman fora group of property owners adjacent to Site 24, expressed their objections to the location of the ice arena on that site, stating the possible noise, traffic, etc. as basis for their objections. He then asked the Council what had happened to the Antholz as the proposed site for the ice arena/ convention center. The Mayor explained the potential benefits to r Minutes/Regular Meeting ' April 20, 1976 Page Four . Lionshead, the accessibility to the site from both Lionshead and the Village core, etc. as reasons far locating the arena there. He added that the Council had previously decided to preserve Antholz primarily as open space. With no further discussion, the meeting was adjourned at 10:00 P.M. A~'TEST ^~ ~o~ ~,l own Clerk K • ., ~ • MINUTES REGULAR MEETING VAIL TOWN COUNCIL 4 MAY T 976 The regular meeting of the Town Council of the Town of Vail, Colorado, was convened at 7:30 P.M. on Tuesday, May 4, 1976, in the Vail Municipal Building Council Chambers. Mayor John Dobson and the following councilmembers were present: John Donovan Bill Heimbach Bob Ruder Bill Wilto Others present included: • Terrell J. Minger, Town Manager Lawrence C. Rider, Town Attorney ORDINANCE No. 11, Series of 1976, regarding supplemental appropriations for buses, Site 24, the Growth Management Study, and the Ski Museum, was introduced on second reading and briefly explained by Mr. Minger. With minimum discussion, Councilman Wi7to moved to approve the ordinance an second reading and to publish it by ti°.t1e only; Councilman Donovan seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was instructed to have the ordinance published [iy title only on second reading. ORDINANCE No. 12, Series of 1976, rezoning certain property to a parking Zone District, was introduced on first reading. The Town Manager explained that the ordinance was to rezone Lots P-1, P~2, Block 3, the easterly 160 feet of Tract F-1, and a portion of Hanson Ranch Road to the newly created parking Zone classification. Council- man Donovan moved to approve the ordinance an first reading; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was then instructed to have the ordinance published in fu71 on first reading. • RESOLUTION No. 7, Series of 7976, accepting a conveyance of property from Vail Associates, inc., was introduced and explained by Mr. Minger. He stated that the conveyance was part of a deal consummated over a year previously as part of the Town's taking over the public bus operation from Vail Associates. The conveyance had been delayed due to lack of adequate legal descriptions for the properties to be conveyed. He added that the properties being conveyed were Lots 9, 10, and 17, Vail Village 10th Filing, approximately 25 acres surrounding the Mountain Bell site, and the golf course park site at the West end of the Katsos property. Councilman Donavan moved to approve the resolution; Council- man Wi1to seconded the motion; all present voted in favor; and the motion carried. With regard to Vail Associates' request fora parking variance far the proposed Lions View Apartments, located on Site 9, same confusion existed, and Mr. Rider explained the situation. He stated that Vail Associates had indicated that they would withdraw the request, however, a letter delivered to the Town Manager earlier in the day from Vail Associates did not specifically withdraw. Mr. Rider stated that it was his reading of the Zoning Ordinance that the matter could be set over until the May 18, 1975, regular meeting_of the Council for disposition. Minutes/Regular Meeting Vail Town Council May 4, 1976 Page Two Ma or Dobson read aloud the letter from_Vail Associates, signed by y Andy Norris, and then asked for comments by the Town Attorney. Mr. Rider stated that since the letter did not withdraw the variance request, the matter could be set over. Members of the Council disagreed with Mr. Rider's opinion, expressing fear that the 20 day limit for disposing of the matter would have expired prior to the next Council meeting. Councilman Wilto then moved to deny the variance request on the basis that no physical hardships existed; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. With regard to a request for a parking variance for the Schober Building, Diana Toughil1 explained that Bi71 Ruoff, the architect, had phoned earlier to request postponement of the request until the May 18, 7976, Council meeting. Councilman Donovan moved to reschedule consideration of the request until the next regular meeting; Council- man Ruder seconded the motion; all present voted in favor; and the motion carried. CITIZEN PARTICIPATION Jack Mi11s asked whether the subject of Site 9 could be further discussed at the next regular meeting. The Town Manager stated that Vail Associates would probably request downzoning for the property, but that such a request could not reach the Council by May 18, since it would have to go through several Planning Commission meetings, etc. Sandy Mills then asked for a progress report regarding the I-70 crossing. Mr. Minger stated that the overpass was progressing as scheduled, with construction due to begin by June 15. He promised more complete report on May 18. • Mayor Dobson then advised the public that there would also be an opportunity for citizen input regarding the proposed East Meadow Drive Ma11 at the next meeting. With no further discussion, the meeting was adjourned at 9:00 P.M. ATTEST: ~~ ~o~ vK ` Town Manager < ~. i MINUTES REGULAR MEETING VA I1, TOWN COUNG IL 18 MAY 1976 The regular meeting of the Town Council of the Town of Vail, Colorado, was convened at 7:30 P.M. on Tuesday, May 18, 1976, in the Vail Municipal Building Council Chambers. Mayor Pro Tem Josef Staufer and the following councilmembers were .present: Bi11 Heimbach Kathleen Klug John Donavan Bi11 Wilto Bob Ruder Others present included: Terrell ~. Minger, Town Manager Lawrence C. Rider, Town Attorney ORDINANCE No. 12, Series of 1976, rezoning certain parcels of land to a Parking zone District, was introduced on second reading. The Mayor Pro Tem and Diana Toughill briefly explained that the property was being rezoned at the owners' request. Councilman Donovan moved to approve the ordinance on second reading and to publish it by title only; Councilwoman Klug 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. 13, Series of 1976, regarding Sign Code amendments to the Zoning Ordinance, was introduced on first reading. Sign Admin- istrator Jo Kramer explained the necessity to amend the Sign Code with regard to providing new definitions far mural or supergraphic, Design Review Board, and sign; providing regulations in relation to political signs; amending the provisions as to the size of wall signs: single business use; individual businesses within a multi-tenant • building and projecting and hanging signs; single business use; amending the provisions as to the number of wall signs, free standing signs, projecting and hanging signs: joint directory signs for a multi-tenant building; acid residential name plate signs. Councilman Wilto moved to approve the ordinance on first reading; Councilman Heimbach seconded the motion; ail present voted in favor; and the motion carried. The Town Clerk was instructed to have the ordinance published in full on first reading. ORDINANCE No. 1~, Series of 1976, regarding. swimming pool regulations, was introduced on first reading. Mr. Minger explained that he and the Town Attorney had discussed the ordinance and both felt that it was not complete in its present form, and suggested that the Council table the ordinance until a later date. Mr. Minger felt that the ordinance could be reworked and considered at the next regular meeting. Councilwoman Klug asked to go on record as being for an ordinance of this type, but felt that this form of it should be tab~7ed. Mr. Staufer explained that the proposed ordinance would require a17 swimming pools to be fenced in some way. Mr. Minger explained that the present form of the ordinance was unclear in regard to what constituted a fence, how to administer the ordinance, etc. Dick Elias expressed his opposition to requiring such fencing at a17. Councilmembers Klug and Donavan defended the need for such requirements, and the Mayor Pro Tem expressed his opposition. Councilman Donovan then moved to table the ordinance until the next regular meeting; Councilman Heimbach seconded the motion; a17 present voted in favor; the motion carried. Minutes/Regular Meeting May 18, 1976 Page Two • RESOLUTION No. 8, Series of 1976, regarding Library funding, was introduced and explained by the Town Manager. He stated that the resolution would authorize the execution of an agreement between the Vail Public Library and the County Library whereby about 22~ of the moneys collected through a mill levy for library purposes would be refunded to the Town's library by the County. Councilman Heimbach moved to approve the resolution; Councilwoman Klug.seconded the motion; all present voted in favor; and the motion carried. With regard to various variance requests, Jim Lamont explained the request by the Plaza Building for parking and offset variances to increase the dwelling unit size. He stated that the Planning Commission and the staff had recommended approval. Councilman Heimbach moved to approve the request subject to the signing of a parking contract; Councilman Wilto seconded the motion; all present voted in favor; and the motion carried. With regard to the Schober Building's request for a parking variance, Diana Toughill explained that the Planning Commission had recommended approval subject to the signing of a parking contract. Merv Lapin and Lou Parker both expressed their wishes that the Council deny the request. • Councilman Donovan also opposed granting the variance, although Councilman Heimbach and Community Development Director Jim Lamont favored granting the request. Councilman Ruder moved to approve the request subject to the signing of a parking contract; Councilman Heimbach seconded the motion; Councilmembers Heimbach, Klug, Wilta, and Ruder voted in favor; Councilman Donovan voted against; and the motion carried. With regard to the Kaleidoscope request for a sign variance, Jo Kramer explained that the Design Review Board and the staff had recommended denial since they felt that the request was based on economic reasons, which are not provided for by ordinance. Lee Caroselli, the sign maker, expressed her wishes that the Council would approve the request. Lou Parker reiterated the. Design Review Board's disapproval. Mr. Staufer asked the Town Attorney far his opinion regarding the economic basis, and Mr. Rider replied that the ordinance states that a variance cannot be granted due to economic hardship to the applicant. Councilman Wilto then moved to deny the request; Councilman Donovan, in a reversal of his original opinion, seconded the motion; Councilmen Heimbach, Donovan, Wilto, and Ruder voted in favor; Councilwoman Klug voted against; and the motion carried. • With regard to the Crossroads request for a sign variance, Jo Kramer explained that the applicant wishes to add the words "Shopping Center" to the existing "Crossroads at Vail" sign.. She stated that both the Design Review Board and the staff recommended denial. Merv Lapin expressed the hope that the Council would approve the request, and Hemmie Westbye suggested eliminating the word "Crossroads" and adding the words "Shopping Center". There was some discussion regarding how to word the sign in order to comply with the size limitations. Based on the request as it was submitted, Councilman Heimbach moved to deny it; Councilman Ruder seconded the motion; Councilmen Weimbach, Donovan, Wilto, and Ruder voted in favor; Councilwoman Klug voted against; and the motion carried. With regard to the public administrative hearing on the proposed East Meadow Drive pedestrianization, the Town Manager explained that no decisions would be made tonight, but that this was a chance for the public to make its feelings known. Mr. Minger referred to the original Master Plan for Vail which addressed itself to a pedestrian village. He also referred to the Checkpoint Charlie gate, the Lionshead pedes- trianization, the Transportation Center, and the current Vail Plan as factors in the pedestrian village concept. He added that there have never been any plans to restrict delivery truck access or vehicular access to the Crossroads. The Town Attorney then briefly explained Minutes/Regular Meeting May T8, 7976 Rage Three Colorado's Mall Act and its implementation. He stated that the Town Council could decide to class the streets, and that abutting property owners had the right to file claims for damages resulting from such closures. He added that if the Council chase to deny those claims, said property owners could appeal that decision to the Courts for determination of damages. He likened the proceeding to an eminent domain or condemnation proceeding. He stated that alternative access of some type must be provided when closing the streets. Mr. Rider _ further explained that Vail Associates had originally granted an easement in the streets to each owner o1= property in the village,. since at that time there was no public entity to maintain the streets. Subsequently, the Tawn of Vail was incorporated, but the easements still appear an record. He stated that in order to determine the current nature of those easements, the Town has filed a quiet title action in the District Court, through which the Court will determine whether the Tawn or the original easement holders has a superior interest in the streets. Upon that determination the Town will proceed to implement the Mall Act. He estimated a decision by the Court an the quiet title action by August, and stated his feeling that the Court would probably rule that the easements were merged in the dedication of the streets to the Town by Vail Associates. Mr. Minger expressed his regret that John Amato, champion of the opposing view, could not be present tonight. Merv Lapin asked what consideration has been given to providing alternative access to affected properties. Mr. Rider assured him that alternative access would be provided, although in what manner had not yet been determined. Jim Lamont, using maps to show the Council and staff recommendations, then explained that the affected parties held opposing views, the merchants in the area being opposed to the closing, and the residents being in favor. He read the various letters and petitions for the record and then explained the staff recommendation to close both East Meadow Drive up to the Crossroads from the West and Willow Bridge Road in its entirety except for access to the Talisman and the Village Center. He then explained the Town Council's recommendation to close East Meadow Drive as indicated and to make Willow Bridge Road one-way going North with one side of the road designated for pedestrian traffiic. The Council then heard a great deal of heated discussion from members of the public regarding phasing the pedestrianization, providing sidewalks rather than pedestrianizing, providing more closure rather than less, the difficulty of snow removal for sidewalks, and various other comments pro and con. In response to the question of why the closure of both roads could not be accomplished immediately, as recommended~~by the Town staff, the Town Attorney replied that he had recommended waiting for i the quiet title determination before closing Willow Bridge Road, but that he felt the portion of East Meadow Drive could be closed by vacating that section and having it rededicated to the Town by the easement holders. Bi17 Bower, owner of the Kiandra-Talisman, asked that the fact that he has not been contacted regarding the vacation method of closing the street be put on the record. He added, however, that he had no objection to that method, but that he would like to be a party to the decision. Mr. Staufer added his agreement as a property owner similarly affected. After some comments of his own, 'the Mayor Pro Tem concluded the discussion and asked far reports from the Town Manager. TOWN MANAGER REPORTS With regard to the I-70 overpass, Mr. Minger stated that he and Kent Rose had met with representatives of the Highway Department, and that Vail was scheduled to receive $280,000.00 of Federal money for the crossing construction. He stated that 3 weeks of advertising for bids would begin June 5; hopefully, construction would begin by July 7; and the usable portion could be finished by October. Minutes/Regular Meeting May 18, 1976 Page Four • With regard to the Ice Arena, Mr. Minger stated that an agreement had been signed with the anonymous donor for a gift of $355,000.00. He added that a contract has been signed with Holmsten Ice Rinks, Inc. to build the ice. He predicted the Tawn would have a patch of ice by the end of the year. With regard to the Bighorn Street Improvement District, Mr. Minger stated that at 7:30 P.M, on May 25, 1976, the Council would conduct a public hearing to listen to comments, protests, etc. from affected property owners within that proposed paving district. He stated that if the Council receives protests from 50% or more of the affected property owners, the proposed district would be defeated. Mr. Rider added that 50% would be determined on the basis of one property owner/ one vote. TOWN ATTORNEY REPORTS With regard to the current recodification of the Town Code, Mr. Rider stated that estimates from Book Publishing Company indicate that the Council should have a preliminary draft to review by June. • Councilman Heimbach then announced that the Council now has its own conference room which would be manned by various members of the Council every Wednesday from 11:00 A,M. to 5:00 P.M., beginning June 76, so that members of the public could stop by to discuss whatever matters they might have. CITIZEN PARTICIPATION LJ Lou Parker asked if the Council could pressure the Post Office to change its newly restrictive hours of operation. Mr. Minger suggested that the Council adapt a resolution indicating that the current hours are not appropriate to serve the public, Councilman Donovan suggested that the Council direct Mr. Minger to take up the matter with the Postmaster, and that if action does not result, then the Council would adopt such a resolution. With no further business, the meeting was adjourned at 10:30 P.M. ATTEST a r Pro Tem /~ ~ Town Clerk PIINUTES REGULAR MEETING VAIL TOWN COUNCIL 1 JUNE 1976 7:30 P.M. The regular meeting of the Town Council of the Town of Vaii, Colorado, was convened at 7:30 P.M. on Tuesday, June 1, 1976, in the Vail Municipal Building Council Chambers. Mayor John Dobson and the following councilmembers were present: Bill Heimbach Kathleen Klug John Donovan Bab Ruder Josef Staufer Others present included: Stan Bernstein, Assistant Town Manager Larry Rider, Town Attorney ORDINANC£ No. 13, Series of 1976, regarding Sign Cade amendments to the Zoning Ordinance, was introduced on second reading. Mayor Dobson briefly reviewed the proposed amendments. Councilman Staufer moved to approve the ordinance on second reading and to publish it by title only; Councilwoman Klug 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. 14, Series of 1976, regarding the Bighorn Street Improve- ment District, was introduced on first reading: The Town Attorney explained that the ordinance contained a provision that the assessments would not be raised as well as a description of haw the assessments were arrived at. A discussion regarding the maximum cost of the paving ensued, and it was established that if the paving cost more than estimated, the Town would cover that excess rather than raising the assessments. The Assistant Town Manager added that he had contacted the County Assessor who assured him that the paving would not automatically increase the property assessments in the Bighorn area. Councilman Donovan 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 . The public hearing regarding pedestrianization of East Meadow Drive had been continued from the previous regular meeting. Councilman Staufer briefly explained the staff proposal for closing the street and making Willow Bridge Road one way going North. A gopd deal of discussion followed regarding the problems of merchants in the Crossroads area should East Meadow Drive be closed. Various members of the Council agreed that other than the pedestrianization planned, East Meadow Drive would not be totally closed at any time. Councilman Heimbach moved to effect the proposed street closures during the summer on a trial basis; Councilman Ruder seconded the motion; Councilman Staufer abstained; all others present voted in favor; and the motion carried. With regard to the Village Centre's appeal of the Design Review Board's decision regarding signs to identify each of the Village Centre buildings, Jim Lamont explained that the Design Review Board had voted to deny the use of the signs as presented, He stated that the applicants and the Council had met earlier in the day to discuss the matter and that he felt the signs could be approved with some modifications. Mr. Lamont ~ Minutes/Regular Meeting 1 June 1976 Page Two suggested that the Council request the applicants to reapply to the Design Review Board with modified signs; then if the DRB denies that application, the Council can hear the appeal. That solution was not agreeable to the applicants because of the time required, and they requested that the Council decide on the appeal. The attorney for the applicants reminded the Council that it could agree with the DRB decision, overturn it, or modify it. Councilman Heimbach moved to approve the signs subject to modifications in the letter size (reducing the letters by approximately 7/2 inch) as outlined by Mr. Lamont. Councilman Staufer asked the Town Attorney if the Design Review Board may deny a sign application on the basis of aesthetics if the sign meets all other requirements as outlined by the Sign Code. Mr. Rider stated that the Board could deny an application on the basis of aesthetics. He added that if only the requirements in the Sign Code were to be considered, there would be no need fora Board. The Mayor brought the discussion back to the motion on the floor, and polled the Council. Councilman Staufer voted against the motion; Councilman Donovan voted in favor; Councilwoman Klug voted in favor; Councilman Ruder voted in favor; Councilman Heimbach voted in favor; the Mayor did not vote but was not in favor of the motion. The motion carried with a vote of 4-1. With regard to a request fora setback variance for the McLaughlin residence, Doug McLaughlin explained that at the time the house was built, the proposed addition would have fit with the existing zoning. However, since then the zoning has been changed, and a variance is now necessary to build the addition. Councilman Staufer moved to approve the variance request; Councilman Donovan seconded the motion; the Mayor abstained; all others present voted in favor; and the motion carried. TOWN ATTORNEY REPORTS Mr. Rider announced that an ordinance requiring the enclosing of trash containers was under consideration and encouraged the public to attend the hearings to be held in that regard, He stated that notice of the hearings would appear in the local newspapers pith no further business, the meeting was adjourned at 9:15 P.M. • ATTEST: Town Clerk ~~- ~u~r MINUTES SPECIAL MEETING VAIL TOWN COUNCIL z5 MAY 1976 7:30 P.M. A special meeting of the Vail Town Council was held for the purpose of conducting a public hearing regarding the Bighorn Local Improvement District. The meeting was held on Tuesday May 25, 1976, at 7:30 P.M. in the Council Chambers of the Vail Municipal Building. Mayor John A. Dobson and the following councilmembers were present: Josef Staufer John F. Donovan Bab Ruder Bill Heimbach Bill Wilta The meeting c~~~u«enced with reports from the Town Administration. Town manager, Terrell J. Minger, explained the method by which paving has been done historically in the Town of Vail. He outlined details of financing and assessment methods, noting that the paving would be paid for by Special Assessment Bonds to be paid by the individual over a ten-year period at approximately 8% interest. He then referred to Resolution No. 2, Series of 1976, and Ordinance No. 9, Series of 1976, which set up the provisions of the District. He noted that there had been hearings on the matter on February 17 and March 23, 1976. The required notice had been published and mailed to property owners as outlined in the statutes. Public Works Director, Kent R. Rose, read corrections to the notice mailed to property owners. Further corrections were made by members of the public in attendance. He asked that the map of the boundaries be entered into the record as a 'pictorial description' of the District. Mr. Rose stated that all roads in the Bighorn community would be brought up to standard which would be the 'minimum standard' for the Town of Vail. The paving district would free tax dollars . which have been used in heavy maintenance with the roads in the present inferior condition. The paving is also important far safety reasons. He explained that the Town of Vail would construct and pay for both the Timberfalls and the Main Gore Drive bridges. A third bridge, on Bridge Road, would be paved if costs were not to exceed the budget. The town attorney then questioned Mr. Rose regarding need for the district, standards, advantages, and maintenance costs for the record. Mr. Rose then read a letter from Walter Kirsch, owner of the Racquet Club Condominiums, protesting the method for charging property owners and the resulting cost to him. Mr. Rose then submitted another letter from Richard Bailey, real estate appraiser, which stated that the equivalent unit basis method represent the highest permissible use at an interest which could be conveyed to another party at some later date. He commented that the proposed method is fair and equitable. Discussion followed regarding maximum costs to the property owner. The town attorney, Larry Rider, commented that the public notice would be binding on the Town, wherein it was stated that the property owner would not be liable for costs aver the estimate in said notice. • .. ~ Special Meeting Vail Town Council May 25, 1976 Page 2 Councilman Staufer then commented that it had been the intent of the Council to give the public an idea of the maximum costs far paving. Sam Maphis, engineering consultant to the Town of Vail, outlined the assessment procedure and the unit method of charging for the paving. He noted that the Town would help with the financing through bonds wherein the property owner would pay over a ten-year period. The town attorney then questioned him for the record with regard to the assessment. In answer to a question from an elderly member of the audience concerning costs for senior citizens, Mr. Maphis commented that there could be a provision written into the ordinance whereby a lien could be placed on the property against the sale. The town manager then commented an the environmental impacts of fugitive dust and erasion, noting that paving would eliminate these problems. Allan MacRossie, real estate consultant, then discussed the special benefits to the property once paving was completed. He noted that the assessment does not exceed the special benefit. Sill Pyka, controller for the Town of Vail, explained the financing and collection of payments from the property owner. The town attorney then noted for the record that the assessment method is equitable and provides equal protection and due process. Councilman Donovan then asked whether the tax assessment would be increased and to what extent if paving would be carried out. The town manager stated .that he would have an answer from the county on that question for the next meeting. Mr. Robert Voliter, representing the East Vail Property Owners' Association, commented that general Town of Vail usage had not been considered and that adminis- trative costs of the district should be paid by the Town of Vail. After further discussion, Councilman Donovan moved to table Ordinance..No. l~ until the June lst regular meeting of the Town Council; Councilman Ruder seconded the motion; all present voted in favor; and the ordinance was tabled to June 1. As there was not further business, the meetin was adjourned at 11:05 P.M. ATTEST: ~'rG ~~~'~+G Town Clerk • ~~ ;~ MINUTES REGULAR MEETING VAIL TOWN COUNCIL 15 JUNE 1976 7:30 P.M. The regular meeting of the Town Council of the Town of Vail, Colorado, was convened at 7:30 P.M. on Tuesday, June 15, 1976, in the Vail Municipal Building Gouncil Chambers. Mayor John Dobson and the following councilmembers were present: Josef Staufer Kathleen Klug Sill Heimbach Bob Ruder Bi17 Wilto Others present included: Terry Minger, Town Manager Larry Rider, Town Attorney Because Gordon Pierce, architect for the I~7d crossing, had to leave the meeting early, the first topic on the agenda was a presentation regarding the crossing. Mr. Pierce explained a model of the project which he had displayed for the Council's review. He stated that the bridge would be 370 feet long and about 13 feet wide and that the covering would be made of tempered glass. The surface of the bridge will be made of brick pavers. Fle felt the bridge could be completed in 3 to 32 months. Eldon Seck explained the landscaping to be done on either side of the crossing. Mr. Pierce also stated that the project was proceeding on or under budget, including landscaping costs. He added that there would be na separate pathway for bicycles. ORDINANCE No. 15, Series of 1976, adopting the 1975 National Electric Code, was introduced on first reading, Diana Toughill explained that this ordinance- was to replace the 1977 National Electric Code now in effect. She added that the ordinance included a few minor amend- ments to the 1975 Cade. Lou Parker and Councilman Ruder questioned ~~ why the new fees were sa high. The Town Attorney stated that the fees could be reviewed and changed if desired by second reading. Councilman Ruder moved to approve the ordinance on first reading, subject to changing the fee structure and to adding a repeal section; 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. l6, Series of 1976, amending the Zoning Ordinance to permit the grazing of horses in Residential Cluster and Low Density Multiple Family zones, was introduced on first reading. The Mayor and the Tawn Attorney explained that since notice of the hearing on this ordinance had been published, the ordinance had to appear on the agenda far tonight. They added that since the Council had not had time to review the ordinance, they may want to table it until the next regular meeting. Diana Toughill explained that the Community Development Department had had several requests from property owners in the Bighorn area to permit grazing in their area. She added that she had researched the matter and had found that other municipalities and counties permitted horses without problem, She also had contacted a local veterinarian and the State Humane Society for recommendations. Ron Riley, a property owner in the area, added his comments that the neighborhood appeared to have na objections. Gouncilman Wilto questioned whether 15 days after notification to adjacent property owners was enough Minutes/Regular Meeting 15 June 1976 Page Two time to allow them to respond, noting that lack of response constituted approval according to the ordinance. He also felt a more precise definition of "property owner" was necessary, perhaps including condominium associations as representatives of their member property owners. The Mayor suggested tabling the ordinance until the next regular meeting, making the appropriate changes, then hearing the ordinance on first reading. The Town Manager voiced his objections to allowing horses within the Town limits again, stating that there was not enough land in the Bighorn area to allow riding without using the public streets. He stated, however, that he was willing to try the arrangement for the summer if the Council wanted to do it. Councilman Heimbach moved to approve the ordinance on first reading; Councilwoman Klug 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 Na. 17, Series of 1976, amending the Zoning Ordinance to permit private clubs in the Medium Density Multiple Family zone as a conditional use, was introduced on first reading. Diana Toughill also explained that this amendment was requested by various property owners, namely the Vail Racquet Club, to allow a bar within their complex. Councilman . Staufer moved to approve the ordinance on first reading; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was instructed to have the ordinance published in full. RESOLUTION No. 9, Series of 1976, providing for participation in the Federally subsidized flood insurance program, was introduced and explained by Dennis Murphy, Environmental Health Officer. He stated that Eagle County has adopted the Federally subsidized flood insurance program and has included the Town of Vail.- He added that Resolution Nos. 9 and lO were necessary for the Town to handle the administrative aspects of the program. He explained that RESOLUTION No, 10 provides that all new buildings in flood plain areas must be built to applicable zoning regulations and that the owners must purchase the flood insurance in order to qualify for Federal financing. Councilman Ruder asked who determines where the flood plain lies. Jim Lamont stated that a state study has determined the area. Councilman Staufer moved to approve both Resolution No. 9 and Resolution No. 10; Councilman Heimbach seconded the motion; Councilmen Staufer and Heimbach, Councilwoman Klug, and the Mayor voted in favor; Councilman Ruder voted against; and Councilman Wi1to abstained; and the motion carried by a vote of 4-7. With regard to the Town of Vail's request for a conditional use permit to allow an ice arena and public facility in a Medium Density Multiple Family zone and a High Density Multiple Family zone, Merv Lapin asked what would happen to West Meadow Drive which crosses Site 24. Mr. Minger stated that it would be relocated slightly, but that it still would be just a bus and pedestrian route. Mrs. Rosenthal, a condominium owner in the Vail International building, asked how far the proposed structure would be located from the Vail International property line. Mr. Minger replied that the distance would be about 80 feet. Eldon Beck then explained that the structure was scheduled to be built about 14 feet below current grade and that the design approach was to be very careful to respect the concerns of the area's residents. Council- man Heimbach stated that a public presentation by the project's architects was scheduled for the July 20 regular meeting. Lou Parker stated that if a condominium building were to be built on Site 24, the building mass would be much greater than the proposed ice structure; that there would be much less than 8O feet to the Vail International property line in that event. Dr. Tom Steinberg reminded the Council that according to a farmer agreement with Vail Associates, formulated at the time the Town acquired Site 24, there are certain height restrictions and a provision that the Town respect the views of neighboring buildings when erecting a structure on the site. Jim Lamont stated that the Planning Commission had recommended approval of the Town's request for a conditional use Minutes/Regular Meeting 15 June 7976 Page Three • permit. Councilman Wilto then moved to approve the Town's request; Councilman Staufer seconded the motion; all present voted in favor; and the motion carried. With regard to the Interfaith Chapel's request for a conditional use permit to allow an addition to the Chapel in an Agricultural zone, Mrs. Toughill explained the Chapel's request and showed its plans to the Council. There were no questions, and Councilman Ruder moved to approve the request; Councilwoman Klug seconded the motion; all present voted in favor; and the motion carried. With regard to Phase T of the Vail Village Inn Special Development District, Eldon Beck explained that the project was well scaled to the rest of the village and in keeping with the original architecture. Diana Toughill stated that the special development district ordinance provides for the submittal of a complete Environmental Tmpact Statement before construction is begun. She added-that an ETS had been submitted, but that more complete information is needed; however Phase I could begin since the needed data does not affect that portion of the project. She stated that the additional data is needed by July 31, however. . Architect Bill Ruoff stated that a fence would be erected between the construction and East Meadow Drive for safety purposes. Council- man Wilto moved to approve Phase I, subject to the submittal of an acceptable EIS by July 31; Councilman Ruder seconded the motion; Councilman Staufer abstained; a71 others present voted in favor; and the motion carried. TOWN MANAGER REPORTS Mr. Minger reported that two positive cases of plague in Richardson's ground squirrels have been reported in the Vail area by the State Department of Wealth. We stated that the disease is transmitted by the bite of certain fleas .carried by the ground squirrels and is not usually common to humans .or dogs. He outlined several preventive measures and stated that the Town is spraying the ground squirrel colonies to kill the fleas. He asked citizens to call the Town offices for information and noted that the local veterinarians and the Vail Clinic are equipped to deal with the disease. He urged public coopera- tion in controlling pets until the plague is controlled. TOWN ATTORNEY REPORTS . Mr. Rider stated that in addition to the p1ague,.the Town is now being sued by Ma Sell. We explained that because of the Supreme Court decision in Foster Lumber v. Minturn, which overturned a Minturn occupation tax as being an unconstitutional "income tax" because it was based on a percentage of gross receipts, Mountain Be71 has sued a number of municipalities in the State to have similar taxes on the telephone utility clarified. He stated that the telephone company, however, seems to be willing to negotiate contracts for the same fees. CITIZEN PARTICIPRTION Rob Buterbaugh asked how the enactment of Ordinance No. 17, pertaining to private clubs, would affect the Liquor Code. Mr. Rider was not certain but promised to find out prior to the next regular meeting. Jim Slevin expressed his objections to the high property assessments just received from the County Assessor's office. He asked the Council to consider hiring a tax attorney to protest. Councilman Heimbach felt that it was not politically a good time to undertake such a protest, considering the proposed County sales tax, etc, The Town Attorney . stated that the County is not being arbitrary,'but that by law all County Assessors had to bring assessments up to the statutory level this year. He added that each aggrieved taxpayer should protest to f ~ y+ ' Minutes/Regular Meeting 15 June 1976 Page Four the County and petition for a hearing W which has to be held by June 30, Merv Lapin added that the Town can lower its mill levy to make up for the higher assessments. Ne urged everyone who is discontented to protest to the County, adding that he had found some math errors as well. He further stated that the Board of Equalization has set the assessments at 22 z% but that the County had assessed at 30%, so a reduction was due. St~~n Bernstein, Finance Director, stated that the Town staff is currently looking at a mill levy change. l~Jith no further business, the meeting was adjourned at 10:25 P.M. ATTEST: ~~ ~D.~~C Town Clerk ~/y/~/ice"" / v .. j. MINUTES REGULAR MEETING VRIL TOWN COUNCIL 6 JULY 1976 The regular meeting of the Town Council of the Town of Vail, Colorado, was convened at 7:30 P.M. on Tuesday, July 6, 1976, in the Vail Municipal Building Council Chambers. Mayor John Dobson and the following councilmembers were present: Josef Staufer John Donovan Kathleen Klug Bill Heimbach Sob Ruder Bill Wilto Others present included: • Terrell J. Minger, Town Manager Lawrence C. Rider, Town Attorney ORDINANCE No. 14, Series of 197fi, forming a Local Improvement District for the streets and ways in the Bighorn area, was introduced on second reading. The Town Attorney explained again far the record that the assessments stated in the notice to property owners are maximum and cannot be increased later on during the project. Councilman ~ieimbach moved to approve the ordinance on second reading; Councilwoman K7ug seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was instructed; to have the ordinance published. ORDINANCE No. 15, Series of 1976, was placed at the end of the list of ordinances to be considered after the Building Official arrived. ORDINANCE No. 16, Series of 1976, amending the Zoning Ordinance to provide for the grazing of horses in certain zones, was introduced on second reading. Diana Toughill explained that the changes requested by Council on first reading had been incorporated. Macci Carmon;,~ • asked whether or not any existing covenants in the affected zonE~s would apply. Ms. Toughill stated that she knew of no conflicting covenants. Councilman Wi1to moved to approve the ordinance on second reading; Councilman Donovan 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. 17, Series of 1976, amending the Zoning Ordinance to allow private clubs as a conditional use in certain zones, was Introduced on second reading. Ms. Toughill explained that this ordinance would allow private clubs as a conditional use in MDMF zones. Councilwoman Klug 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. 18, Series of 1976, amending the Zoning Ordinance, Article 14, regarding offstree_t parking__and loading, to allow 7imii:ed changes of use,, was introduced on first reading. _Ms. Toughill explained that _ the Council had not had sufficient time to study th_e proposed ordinance and recommended -that the hearing be continued until the next regular meeting. Councilman Wilto moved to continue the hearing until the !- Minutes/Regular Meeting 6 July 1976 Page Two i next regular meeting on August 3, 1976; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried. ORDINANCE No. i5, Series of 1976, adopting the 1976 National Electric Code, was introduced on second reading. The Building Official had not yet arrived, but the staff offered to answer any questions. Council- man Ruder still had questions regarding the permit fee. Ms. Toughill stated that she and the Building Official had earlier discussed lowering the fee to 9.0 percent for buildings requiring conduit and 5.0 percent for buildings not requiring conduit. Councilman Ruder was satisfied with that structure and suggested that the Council adopt the ordinance on second reading with that change. He then moved to approve the ordinance on second reading with a change in the permit fee to "9.0 per cent of the total structure valuation if the building requires conduit by the Code, or 5.0 per cent if the building does not require conduit by the Code, or the electrical contract price as substantiated by a copy of the contract if said contract is lower"; Councilman Donovan 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 regard to a request by the Sunbird Lodge for a setback variance in order to provide pedestrian access to its deck, Ms. Toughill explained that Vail Associates had granted approval for such access to encroach upon their property. She added that both the Planning Commission and the staff recommended approval of the request. She then explained the location of the requested change. Jay Peterson, attorney for Sunbird, stated that the project would serve to help clean up the back area between Sunbird and the Vail Associates building. Councilman Heimbach moved to approve the request; Councilman Wilto seconded the motion; all present voted in favor; and the motion carried. With regard to a request by Horst Abraham for a setback variance to add an entry wa.y to his residence, Ms. Toughill explained that both the Planning Commission and the staff had recommended approval. Councilman Donovan moved to approve the rea,uest; Councilman Staufer seconded the motion; a71 present voted in favor; and the motion carried. With regard to a request by Hugh Hyder far a setback variance fora home to be constructed on Lot 1, Block 1, Vail Village 8th Filing, Ms. Toughill stated that both the Planning Commission and the staff had recommended approval. Jim Lamont suggested that approval be subject to the granting of an easement to provide for a golf cart path. Councilman Donovan moved to approve the request subject to the easement; Councilman Wi1to seconded the motion; all present voted in favor; and the motion carried. -- - _ _. With regard to a_request_~the Valhalla for a conditional use Hermit, architect Gordon Pierce stated that the new owners, Mr. & Mrs. Hill, intend to make a private club out of the hotel, with a private dwelling on the top floor. He added that the remodeling would improve the building structurally, particularly in the area of fire safety. He stated that the new owners would eventually be applying for a club liquor license, Ms. Toughill added that the Planning Commission recommended limiting the dining room to 80 seats. Councilman Donovan moved to approve the request; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried. Regarding the appointment of a new member to the Local Liquor Licensing Authority, the Council agreed to table the matter until the next regular meeting so that each applicant could be interviewed during a work session. The Town Attorney reported that the Cable TV suit against the Town was now at trial and that he would have a report to the Council as soon as the case was resolved. Minutes/Regular Meeting 6 July 1976 Page Three Bill Bower complained to the Council about the noise at Clyde's restaurant. He stated that he notifies the Police Department every night, that the Police come and warn the owners, that the noise then quiets down, but that it starts up again within a short time. Police Chief Gary Wall stated that the Town's nuisance ordinance prohibits noise from open doors, windows, and loudspeakers - but not from within buildings. Ms. Toughill stated that the Community Development Department is considering a new Zoning Ordinance amendment to prohibit a high decibel level, and Mr. Lamont added that a new State health statute limits noise to 75 decibels. Chief Wall stated that he would work with Community Development and the Town Attorney to work out a solution. The Council received some complaints regarding the location of the new Lionshead volleyball courts, and Mr. Minger stated that the location was decided by Vail Associates - that they had given that piece of land to the Town for volleyball purposes. Mr. Minger stated that a public session regarding Site 24 would be held at the regular Council meeting on July 20, 1976. M Mrs. Klug reminded the public of the "Council~in-residence" schedule and urged citizens to stop by the Municipal Building during those times. With no further business, the meeting was adjourned at 9:00 P.M. ATTEST: ~~ Town Clerk • • ~~~ ~~ ,;, f 3 MINUTES REGULAR MEETING VAIL TOWN COUNCIL 20 JULY 1976 The regular meeting of the Toµrn Council of the Tawn of Vail, Colorado, was convened before a full-house crowd in excess of 200, at 7:30 P.M., on Tuesday, July 20, 1976, in the Vail Municipal Building Council Chambers. Mayor Jahn Dobson and the following councilmembers were present: Josef Staufer John Donovan Kathy K1ug Bi71 Heimbach Bill Wilto Bab Ruder Others present included: Terry Minger, Town Manager Larry Rider, Town Attorney Stan Bernstein, Finance Director ORDINANCE No. 18',. Series of. 1,97b, amending the Toning Ordinance, Article 14, regarding offstreet parking and loading, to allow limited changes of use, and ORDINANCE No. 19, Series of 1976, comprehensively amending the Zoning Ordinance, were introduced on first reading. Mayor Dobson declared the public hearing on both ordinances oven and then requested a motion to aostpone action on them until the next regular meeting in order to spend more time discussing Site 24. Councilman Heimbach moved to table both ordinances until the first meeting in August; Councilman Donovan seconded the motion; all present voted in favor; and the motion carried. RESOLUTION No. 11, Series of 1976, approving the Town of Vail/State Highway Department contract regarding the I-7O Overpass, was introduced by Terry Minger. He explained that this resolution had to be dealt with tonight and that it authorized him to sign the contract whereby the Town would accept X2$3,220 in Federal funds as approximately 80% of the cost of the overpass. Councilman Donovan moved to approve the resolution; Councilman Staufer seconded the motion; all present voted in favor; and the motion carried. • U1ith regard to Vail Associates' request for resubdivision of Tract E, Vail Village 11th Filing, Diana Toughill explained that the resubdivision would be for residential lots and that the Planning Commission had unanimously recommended approval. Councilman Wi1to moved to approve the resubdivision: Councilman Donovan seconded the motion; all present voted in favor; and the motion carried. TIDE VATL CENTER PROJECT Mayor Dobson introduced the presentation regarding the Vail Center Project on Site 24. He briefly outlined the design process involving staff, Council, and consultants, and hoped that the Vail Center would bring the community together spiritually. Mr. Minger stated that he hoped through the presentation to answer several rumors regarding height, cost, how to pay for the structure, etc. He mentioned that the Vail Center was a continuation of the Vail Plan and briefly reviewed the design criteria for the ice arena/conference center/mufti-purpose facility. He stated .that .three- alternai;ives would be_addressed during thq_~resentation: -- -- - _ the catenary desgn_{one building); a tr_aditanal approach; and the catenarv ti~rith _~_ _~ an adjacent Smaller bu~ldina, to house a convention center. He then introduced Jim Lamont who discussed the concept as it relates to the Vail Plan. Mr. Lamont discussed the projected future growth of Vail and the need for the multi-purpose facility as well as other neighborhood recreational facilities. He stated that the Vail Center would serve as a link between the original Vail and newer Lionshead areas Minutes/Regular Meeting 20 July 1976 Page Two . The Mayor then introduced Eldon Beck, Royston, Hanamoto, Beck & Abey, who addressed the landscape concept of the project. He explained the Vail Plan concept of Town-wide landscaping and Town-wide recreational facilities. He stated that he wanted to see the same effect on Site 24 as at the Transportation Center. He added that he had na detailed landscaping plan for Site 24 as ,yet and would not develop one until the architectural plan was established. The Mayor introduced Dale Sprankle, Ernest J. Kump Associates, who discussed the architectural concept. Mr. Sprankle began by going over the site plan. He stated that site restrictions and covenants left only the area near the Vail International building for locating a structure. He addressed the cost increases required to make the facility multi-ourpose in order to house con- ventions, etc. Ne stated that the bus route had been re-routed through the center of the site, then explained the catenary model. He stated that the catenary structure would be a permanent building, not a tent-type structure, and explained the building scale in relation to neighboring buildings. He stated that the highest spire would be 65 feet high; the next highest would be 55 feet high, and the saddle between the spires would be 30 feet high, but that an ice arena is a large space and would need a large building to house it. He added that a rectangular structure would be far bulkier. He stated that the building would be cut into the site as much as feasible and that the ice • would be 16 feet below grade. He pointed out that there would be no entrance on the Vail International side of the building and that the area between the two buildings would be landscaped. Mr. Sprankle then reviewed the charts he had posted regarding. the estimated cost of each of_the three alternative _ _ approaches. Plan T would cost about $4,170,000 less the $350,000 anonymous_._ __ ~ -_- ~~ gift; Plan II would cast about $3,418,000 less the $350,,000; and p1_ar~_ITI wi~h_ two structures rather i;han one, would cost about $4,274,000 less the $350,000. The Mayor then introduced Randy Brandmeyer of the Vail Resort Association who discussed the results of a poll the VRA had conducted of its member businesses. Mr. Brandmeyer stated that of 111 businesses palled, the majority of them preferred the multi-purpose concept of two buildings, one the arena and the other a conference center to be located on Site 24, and the added that the VRA strongly endorsed Khan III. The Mayor next introduced Stan Bernstein, Finance Director, to discuss the financing plan for the project. Mr. Bernstein had orepared a financial analysis and explained it page-by-page with the audience. He stated that the Town of Vail could definitely afford an additional $3-4 million bonded indebtedness~__ and that with the ~aotentia1 banquet revenues of Plan ITi, theTToti~rn would be • assuming little financial risk on the project, The Mayor next introduced Daniel Herrington, Boettcher & Company, to discuss the bond issue. Mr. Herrington explained that he would address two o,uestions: 1. Haw much additional debt could the Town of Vail afford:.. and 2. Could that debt be successfully marketed? He stated that in answer to the first question, the Town could easily afford $6-7 million additional debt. In answer to the second question, he stated that it would be possible for Vail successfully to market $4 million right now and that he felt the gondola accident would not hamper Vail`s ability to generate skier dollars. The time was 9:55 P.M., and the Mayor announced a twenty-minute recess. The meeting was reconvened at 10:15 P.M., and Mr. Minger explained Plan TII in mare detail, stating that it included a smaller, 20,000 square foot facility to complement the ice arena. He added that the smaller building would be used to cater and house conventions, and far the performing and participating arts, The P9ayor then opened the floor for questions and comments. There were many questions regarding revenue sources and cost of operation and several statements of support for the multi-purpose, two buildings concept of Plan ITT. Bob Kendall asked if the December 31 deadline set by the anonymous donor for having the ice ready could be met, and Mr. Minger stated that it could. Pat Carmony felt that by building a convention center the Town would be competing with the lodges and existing convention facilities, and he felt that would be wrong, There was a question whether there could be two questions on the bond election Minutes/Regular Meeting 20 July 1976 Page Three ballot - one for the ice arena portion and the other for the convention center. Mr. Minger stated that there could be two questions.. Jim Bartlett of Vail Associates felt that Mr. Bernstein's projections were reasonable but suggested creating a surplus fund in case of a bad year. Ted Kindel suggested finishing the ice first then re-evaluating the bond election when a few unknoams were resolved, like the proposed County sales tax. There were several questions regarding the catenary structure itself. Mr. P9artin Shore, speaking on behalf of several Vail International owners suggested mov7ng the facility to the southern end of Site 24 so as not to interfere with Vail International's views. He also stated that according to an existing Town of Vai1/Vai1 Associates agreement regarding site restrictions, the height of any building would be limited to 35 feet, and he asked the Council not to exceed that limit. Mr. Sprankle stated that the height of the spires could not be lowered if the . catenary design was to be retained and that the northerly location on the site was preferable. FEe added that alternative 'Forms for'~the building, such as a rectangular farm, would be mare restrictive of Vail Tnternationa7's view corridors than the catenary. F!e stated that the 35 feet would be measured as an average height from the highest point to the lowest. David Gorsuch asked if such~a structure had ever been built in snow country and what contractor was capable of building it. Mr. Sprankle answered that he had complete confidence in the engineering .and that it was not a complicated building construction--wise even though few contractors have dealt with it. George Knox, Jr, stated that he did not want to see a convention. center on Site 24 and asked the Council just to build an ice arena, and several others agreed. The Mayor stated that the three plans under consideration seemed to answer most of the community"'s needs, but added that the Council will continue to look for solutions. In response to a question from Roger Ti1kemeier regarding the projects zoning, Mr. Minger stated that a special development district would have to be established and that the parking would be handled by the existing Lionshead lots. In response to a question from Lou Meskeman, Mr. Sprankle stated that $1,200,000 would be required just to cover the ice, without the additional amenities. Many present urged the Council to hold a special referendum to determine just what the Town's citizens really want prior to a bond election. Mr. Rider stated that a referen- dum would be possible. The Mayor then asked far comments from the members of the Council; Councilman Wi1to felt the community and the Council needed to continue to work together; Councilman Ruder felt that the Council was sensitive to the public's feelings; Councilman Staufer favored a referendum; Councilman Donovan felt a year round facility was necessary to help the summer economy; Councilwoman Klug supported Plan III incorporating the convention center; Councilman Heimbach recommended two separate questions on the ballot. Mayor Dobson wrapped up the evening by commending the design team for its hard work and made a plea for community cooperation and compromise. With no further business, Councilman Donovan moved to adjourn at 12:30 A.M. ATTEST: r Town C:erk ~~ ~ ~°~ PiINUTES REGULAR MEETING VAIL TOWN COUNCIL 3 AUGUST 1975 The regular meeting of the Town Council of the Town of Vail, Colorado, was convened at 7:30 P.M. on Tuesday, August 3, 1975, in the Vail Municipal Building Council Chambers. Mayor John Dobson and the following councilmembers were present: Josef Staufer John Donovan Kathleen Klug Bill Heimbach Bob Ruder Sill Wilto Others present included: Terrell J. Minger, Town Manager Lawrence C. Rider, Town Attorney ORDINANCE NO. 18, Series of 1976, making supplemental appropriations in the total amount of $246,100.00, was introduced on first reading. Stan Bernstein, Finance Director, explained that the funds would be used for increased library salaries, the Colorado Rivers Council, the Buddy Werner League, the AIP energy conference sponsored by the Town, fees relating to Serendipity Singers' litigation, Xerox services, telephone services, improvements to the Nature Centre, Comprehensive Planning and Mapping, acoustical baffles for the Vail Institute and erection of their tent, East Meadow Drive pedestrianization, overflow parking facilities, Site 24 matters, Antholz Park improvements, completion of the Tract A athletic field, the Lionshead volleyball courts, and basketball standards. 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. ORDINANCE NO. 19, Series of 1975, amending the Town's Zoning Ordinance, was introduced on first reading. Diana Toughill, Zoning Administrator, explained that the ordinance would correct certain technical errors and make a few administrative changes as well as create a Public Use District for public property areas. Design Review Board member, Lou Parker, cited several errors in wording and definitions. Ms. Toughill was instructed to review and correct, if necessary, those provisions prior to second reading. Councilman Donovan noted that the ordinance represented some major changes and urged all interested to read it thoroughly prior to second reading. Councilman Donovan then moved to adopt the ordinance on first reading; Councilman Wi1to seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was instructed to have the ordinance published. With regard to the Vail Today and Tomorrow Goals Committees report, the Town Manager gave a brief history of the Goals process. He stated that the Goals document was a condensation of the combined reports of the six Goals Committees. FIe added that the Town of Vail would like to adopt the Goals document at the same level it adopts and implements growth plans. Allen Gerstenberger, staff liaison for the Goals Committees, asked far _participa_tion and suaaestions. Jim Slevin asked when the process would be complete and requested a "point of departure" date. Mr. Gerstenberger stated that the process could be completed as early as_the_next meeting of the Council. _ ~ __ __._ Minutes/Regular Meeting 3 August 1976 Page Two • With regard to 1976-77 winter ski operations, Jim Bartlett of Vail Associates, Inc. outlined summer plans prior to the Gondola II accident. He stated that changes resulting from the accident involved replacing the cable on Gondola Ii, which should be complete by December 21, 1976, and replacing Gondola I altogether with two double chair7ifts, to be ready by the opening of the i976~77 season. Vail Villager reporter Peter Eichstaedt asked the Forest Service's opinion regarding the changes, and Mr. Bartlett stated that the Forest Service had some reservations regarding the increase in the uphill capacity. Regarding the appointment of a member to the Liquor Licensing Authority, _____by secret bal.1ot,__the Council chose Pocky Walker to fill the post. Regarding the appointment of a member to the Planning Commission, also b~+ secret ballot, the_Council chose Sandy Mills to fill the vacancy. With regard to an appeal of the Zoning Administrator's decision regarding the Joseph A. Riggs residence, Diana Toughill stated that Mr. Riggs had requested that the appeal be deferred to a later date. The Council agreed. Regarding a request by the Landmark for a setback variance to build a roof over its walkway, Mrs. Toughill showed the Council a set of plans far the proposed roof. She stated that both the Planning Commission and the Community Development staff unanimously recommended approval, Councilman Donovan moved to approve the request; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried. Regarding a request by Ski Club Vail for a conditional use permit to locate its proposed club building at Golden Peak in an Agricultural zone, Mrs. Toughill showed the Council those plans. She stated that the building would be 3,000 square feet. Councilman Staufer asked where the parking was proposed to go, and Ski Club representatives stated that they did not need nor want parking. Councilman Wilto then moved to approve the request; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried. With regard to a request by Bill Fisher to rezone Lot ~, Block 1, Bighorn i Third Addition from Low Density Multiple Family to Residential Cluster. Mrs. Toughill explained that the Planning. Commission had recommended approval. Councilman Donovan moved to approve the rezoning; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. With regard to a request by Vail Associates, Inc, for rezoning and resub- division of Lot 27, Block 2, Vail Village 13th Filing, Mrs. Toughill explained that the proposal would be a downzoning from Low Density Multiple Family to Residential. She added that the Planning Commission had recommended approval. Council- man Heimbach moved to approve the requests; Councilwoman Klug seconded the motion; all present voted in favor; and the motion carried. TOWN MANAGER REPORTS Mr. Minger announced that the Bighorn paving was set to begin. CITIZEN PARTICIPATION Councilman Staufer urged the Council to ask the School Board to open the new K-4 school this coming school year rather than in 1977 as proposed. s Minutes/Regular Meeting 3 August 1976 Page Three School Board member, Roger Tilkemeier, stated that the Meadow Mountain school was not now overcrowded and that to open the new school mid-year would be too disruptive for the children. With no further business, the meeting was adjourned at 10:00 P.M. ATTEST: ~ ~~~~ Town Clerk ~ _. ~~ t ~- MINUTES SPECIAL MEETING VAIL TOWN COUNCIL 24 AUGUST 1976 A special meeting of the Town Council of the TbUr~ of Vail, Colorado, was convened at 7:30 P.M. on Tuesday, August 24, 1976, in the Vail Municipal Building Council Chambers. Mayor Pro Tem Josef Staufer and the following counci1members were present: John Donovan Bill Heimbach Kathy K1ug Bill Wi7to Others present included: • Terrell J. Minger, Town Manager Larry Rider, Town Attorney ORDINANCE No. 18, Series of 1976, making supplemental appropriations from the General Fund, the Open Space/Capital Improvements Fund and the Recreation Amenities Fund, was introduced on second reading. The Town Manager stated that this ordinance was to cover a large number of projects not yet appropriated for. Councilman Donovan moved to approve the ordinance on second reading; Councilwoman K1ug seconded the motion; a71 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 1976, amending the zoning Ordinance, was introduced on second reading. The Town Attorney explained that the typographical errors Hated by Lou Parker Uas been corrected for second reading on this ordinance creating a Public Use District and making certain administrative changes. Councilman Wilto moved to approve the ordinance on second reading; Councilman Donovan 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. 20, Series of 1976, regarding the Town Cade, was introduced as an emergency ordinance. Mr. Rider explained that this ordinance was the first step in publishing the codification of all Town of Vail ordinances. He stated that the ordinance would authorize the printer to begin printing the Code around October 1, 1976, and he added that the early date necessitated passing this ordinance as an emergency. Councilman Donavan moved to approve the ordinance as an emergency; 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. ORDINANCE No. 21, Series of 1976, expressly repealing certain ordinances with regard to the Town Code, was introduced on first reading, Mr. Rider explained that this ordinance was a specific repealer of outdated or superseded ordinances of the Town, discovered during codification of the Town's ordinances. Councilman Donovan moved to approve the ordinance on first reading; Councilwoman Klug seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was instructed to have the ordinance published in full. • Minutes/Special Meeting 24 August 1976 Page Two ORDINANCE No. 22, Series of 1976, making a supplemental appropriation from the General Fund, was introduced on first reading. Stan Bernstein explained that the $2,200 appropriation was to extend the Vail Cantempra Brass Consort's summer contract far two more weeks. He added that in the future the Council intends to make supplemental appropriations in small sums every month or so rather than lumping several appropriations together into a large sum a few times a year. Councilman Wilta moved to approve the ordinance on first reading; Councilman Heimbach seconded the motion; a17 present voted in favor; and the motion carried. The Town Clerk was instructed to have the ordinance published in full. RESOLUTION No. 12, Series of 1976, awarding the bid to Kirchner and Moore regarding the competitive sale of I-7O overpass bonds in the amount of $300,000, was introduced. Loring Harkness of Demuth and Eiberger explained that a public sale of the bonds had been held; four bids had been submitted, and Kirchner and Moore had submitted the lowest bid at 6.53% interest. Councilman Donovan moved to approve the resolution; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. i RE5OLUTION No. 13, Series of 1976, regarding the public sale of Special Assessment District bonds and authorizing notice thereof, was introduced. Mr. Bernstein explained that this resolution was in regard to the Bighorn paving prod ect and announced a public sale of the bonds to be held on September 17, 1976. Councilman Wilto moved to approve the resolution; Councilman Donovan seconded the motion; all present voted in favor; and the motion carried. RESOLUTION No. 14, Series of 1976, regarding the design of the structure of the ice arena portion of Site 24, was introduced. Mr. Minger stated that the resolution spells out the Council's instructions to the Kump firm, directing the architectural design of the structure to move ahead. Councilman Donovan moved to approve the resolution; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. Mayor Pro Tem Staufer then suggested that the discussion move to item 10 on the agenda, leaving the Site 24 design discussion for the last item. With regard to the Vail Racquet Glub's request for a conditional use permit, Diana Toughill explained that the request was for a private club • as a conditional use under the new Zoning Ordinance amendment. She added that the Planning Commission had unanimously recommended approval, Councilwoman Klug moved to approve the request; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried, With regard to the Cornice's request for a conditional use permit, Mrs. Toughill requested a postponement from the Council. Councilman Donovan moved to table the request; Councilwoman Klug seconded the motion; all present voted in favor; and the motion carried. With regard to the appointment of a Town Prosecutor, Mr. Rider stated that he had interviewed all seven applicants: George Rosenberg, Kathy Schindelar, Cyrus Allen, Jim ~acabson, Sohn Willard, and Larry Eskwith, and recommended that the Council appoint Larry Eskwith for a six-month term. Mr. Rider stated that the new Prosecutor's role would include prosecuting Municipal Court cases and appeals and advising the Municipal Court. Councilman Donovan moved to appoint Mr. Eskwith Town Prosecutor; Councilman Wilto seconded the motion; all present voted in favor; and the motion carried. TOWN MANAGER REPORTS • Mr. Minger asked how a public statement regarding the Goals results and recommendations might best be handled, and Mr. Rider suggested that it be done by resolution, Minutes/Special Meeting 24 August 197b Page Three TOWN ATTORNEY REPORTS Mr. Rider announced that the District Judge had ruled not to stop the August 31 County Sales Tax election. Mayor Pro Tem Staufer stated that the Town Council will take a position in opposition to the proposed sales tax and will urge the public to vote "no". He added that the questions involved were a 1% sales tax to go entirely to the County or a 2% sales tax, 1% of which would be returned to the towns. The discussion returned to Site 24, and Mr. Staufer introduced Dale Sprankle of Kiamp Associates, San Francisco. Mr. Sprankle explained that the proposed catenary structure had been reduced in size; that the spires had been lowered by 6 to S feet; and that the structure as proposed now meets the 35 foot average height restriction for Site 24. He stated that catenary engineer Frei Otto had met with the Council during the Symposium to determine if the design could be reduced in size, He also explained a more traditional design and displayed models of each for the public's convenience. He stated that he felt the cable net blends best with the landscape. We finished his discussion with a slide presentation showing all aspects of Existing cable net structures. With no further business, the meeting was adjourned at 9:00 P.M. ATTEST: ~~~~ Town Clerk d~,~-~~c ,~ 1 MINUTES ~o-- REGiJl.AR MEETING VAIL TOWN COUNCIL 7. SEPTEMBER 1976 The regular meeting of the Town Council of the Town of Vail, Colorado, was convened at 7:30 p.M.on Tuesday, September 7, 1976, in the Vail Municipal Building Council Chambers. Mayor John Dobson and the following cauncilmembers were present: Josef Staufer John Donovan Bi17 Heimbach Bob Ruder Others present included: Terrell J. Minger, Town Manager Larry Rider, Town Attorney ORDINANCE No. 27, Series of 1976, expressly repealing certain ordinances with regard to the Town Code, was introduced on second reading. Mr. Rider explained that this ordinance repeals certain ordinances superseded or in conflict with the Town Code. Councilman Donovan moved to ap~arove the ordinance on second reading; Councilman Staufer-seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was -~ i~nstruc~ed i:o have the ordinance published by title only. ORDINANCE No. 22, Series of 1976, making a supplemental appropriation from the General Fund, was introduced on second reading. The Mayor explained that the appropriation was to extend the Vail Contempra Brass Consort's _-summer contract. Councilman Ruder moved to approve the ordinance on second reading; Councilman Donovan seconded the motion; all present voted in favor; and the motion carried. The Town Cleric was instructed to have the ordinance published by title only. ORDINANCE No. 23, Series of 1976. regarding short term borrowing, was introduced on first reading. Mr. Bob Bacchus, bond attorney, read the title of this enablish legislation into the record: "An ordinance 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 $500,000.00 in anticipation of the collection of sales tax revenues far the months of November and December, 1976, said notes to mature on or before May 31, 1977, for the purpose of defraying current expenses and meeting current contractual obligations of the Town; prescribing the form of said short-term notes; and providing for the collection and application of sales tax revenues of the Town of Vail to pay said short- term notes and the interest thereon; providing an agreement by the Town to continue the levy of its sales tax for the months of November and December, 1976 to provide revenues to pay said short-term notes, including but not limited to covenants and agreements in connection therewith, and repealing all ordinances in conflict herewith." 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 Town Clerk was instructed to have the ordinance published in full. ORDINANCE No. 24, Series of 1976, regarding Interstate-7D overpass bonds, was introduced on first reading. Mr. Bacchus again read the title into the record: "An ordinance to contract an indebtedness an behalf of the Town of Vail, Colorado, and upon the credit thereof, by issuing General --- Obligation Bonds of said Town in the principal amount of $300,000 for the purpose of paying, in whole or in part, the cost of acquiring, constructing and equipping a pedestrian overpass and site therefor, together with all necessary incidentals; prescribing the form of said bonds; and providing w' Minutes/Regular Meeting 7 September 1976 Page Two ~'. for the levy of taxes and for the Town of Vail to pay said man Heimbach moved to approve -- Donovan seconded the motion; carried. The Town Clerk was in full. the application of sales tax revenues of bonds and the interest thereon." Council- the ordinance on first reading; Councilman all present voted in favor; and the motion instructed to have the ordinance published ORDINANCE No. 25, Series of 1976, regarding a supplemental appropriation from the General Fund and the Open Space/Capital Improvements Fund, was introduced on first reading. The Town Manager explained that these appropriations had been previously approved by the Council and were $4,000 for publication of the Town's Zoning Ordinance, $75,000 for air conditioning for the VRA space in the Transportation Center ($5,000 to be paid by the Town and $10,000 to be reimbursed by the VRR), and $54,000 to replaces two bridges in Bighorn. Councilman Ruder 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. 26, Series of 1976, regarding advanced refunding of General Obligation Bonds, was introduced on first reading. Stan Bernstein. explained that the ordinance provides for a debt restructuring~~ of the Town's parking structure bonds and land acquisition bonds. He added that the Town would be realizing a $284,000 present value savings. Mr. Bacchus read the title of the ordinance into the record: "An ordinance authorizing the sale and issuance of general obli ation refunding bonds, dated November 1, 1976, in the principal amount of 6,345,000, of the Town of Vail, Colorado, for the purpose of refunding general obligation bonds, series March 1, 1974, outstanding in the amount of $5,485,000 and general obligation bonds, series December 7, 1975, outstanding in the amount of $860,000; providing for the establishment of an escrow account for the payment and redemption of the outstanding bonds to be refunded; prescribing the form of said bonds; providing for the levy of taxes and for the application of certain sales tax revenues to pay said refunding bonds and the interest thereon; and prescribing other details in connection therewith". Councilman Donovan 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 N0. 15, Series of 1976, regarding the Bighorn street assessment bands, was introduced by Mr. Bacchus who read the title into the record: "Concerning the public sale of Special Assessment bonds of the Town of Vail, for Town of Vail, Colorado, Street Improvement District No. 1, and authorizing notice thereof". He explained that the resolution concerned $570,000 in bonds. Councilman Donovan stated in answer to some accusations that he has no financial interest in this contract. Councilman Ruder moved to approve the resolution; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was instructed to have the resolution published in full. RESOLUTION No, 16, Series of 1976, regarding sale of the Gable TV sustem and assignment of the franchise, was introduced. Jim Lamont explained that the resolution regarded the sale of the franchise to Frank Thompson from CTI:, that Mr. Thompson had been investigated and found to be of good character and experience and with a sound financial background. He added that the Planning Commission had recommended approval of the sale. Councilman FEeimbach moved to approve the resolution; Councilman Ruder seconded the motion: a17 present voted in favor; and the motion carried. RESOLUTION No. 17, Series of 1976, regarding use of the K-4 elementary school, was introduced. Mr. Minger explained that the resolution authorizes the Town Manager to sign an agreement between the Town and the School District for the Town to use the gymnasium and the stage during non-school hours in return for the Town's donating the land for the school site. He added that the agreement included use of one meeting room and a weight room. Councilman Donovan moved f -' Minutes/Regular Meeting 7 September 1976 Page Three to approve the resolution; Councilman Staufer seconded the motion; a71 present . voted in favor: and the motion carried. RESOLUTION No. 18, Series of 1976, regarding the Town's "Goals and Objectives", was introduced. Mr. Minger explained that the resolution would adopt the Goals Statement and so direct future policy. The Mayor commended the numerous people who had spent many hours on the document. Councilman Heimbach maned to approve the resolution; Councilman Donovan seconded the motion; all present voted in favor; and the motion carried. With regard to A & D Enterprises` request for a conditional use permit, Diana Toughill explained that the applicant had asked that the matter be deferred to the Planning Commission far further study prior to being presented to the Council. With regard to the Cornice's request for a conditional use permit, Ms. Toughill explained that the applicant also had asked that the matter be deferred to the Planning Commission for further study. With regard to AAA Acme Haircutting Ca.'s request fora conditional use permit, Ms. Toughill explained that the request was to convert farmer office space in the Mill Creek Court Building into a hairdressing shop. She added that both the Planning Commission and the staff recommended approval. Councilman Staufer moved to approve the request; Councilman Donovan seconded the motion; all present voted in favor; and the motion carried. Ulith regard to the Lodge at Lionshead's request for a building hulk variance and fora parking variance for six cars, Ms, Toughill stated that the Planning Com~ mission and the staff both recommended approval. Councilman Donovan moved to approve the request on the condition that if the parking spaces were needed in the fui;ure, the would be installed at the ov~ner's expense; Councilman Staufer seconded the motion; all present voted in favor; and the motion carried. With regard to Ms. Jvnine M. Hixon`s request for a three foot setback variance to build a deck onto her residence, Ms, Toughill stated that both Planning Com- mission and staff recommended approval. Councilman Ruder moved to approve the request; Councilman Donovan seconded the motion; all present voted in favor; and the motion carried. With regard to East Ifai1 Lodging's request for rezoning, Ms. Taughil7 stated that the request was to dawnzone Lot 3, Block 9 and the South l/2 of Lot 1, Block 3, Bighorn Third Addition from MDMF to Agricultural, and added that both Planning Commission and staff recommended approval.. Councilman Staufer moved to approve the request; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. Councilman Donavan requested that in the future a representative of any applicant be present when the request is heard before the Council. With regard to Fitzhugh Scott's request far an encroachment onto Town of Vail property for the proposed. Vail Athletic Club, Ms. Toughill stated that the applicant requested that the matter be heard at a later date. With regard to the applicant's appeal of the Zoning Administrator's decision regarding the Riggs house, Ms. Toughill stated that the appellant requested the matter to be deferred until the next meeting. With regard to Crossroads Cinema's request far a joint parking agreement, Mr. Lamont explained that the joint agreement would allow seven additional seats far the proposed twin cinema. The Cinema submitted a letter stating that the cinema and the shopping area would utilize the same parking spaces but at different times of the day. Councilman Heimbach moved to approve the joint agreement; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried. ;- With regard to the appointment of a Planning Commission member to the Design Revievr Board, the Planning Commission requested that member Gerry White be appointed as the revolving member of the Design Review Board. Councilman Donovan moved to appoint Mr, White; Councilman Staufer seconded the motion; all present voted in favor; and the motion carried. T' ~ Minutes/Regular Meeting 7 September 1976 J Page Four TOWN MANAGER REPORTS ~ Councilman Staufer asked what the status of the County Sales Tax election results was. Bob Manzanares stated that he sat in on the counting as a Watcher and that it .seems the vote was inconclusive, and the results could not be determined. He added that the Canvas Board's decision was that there could be no decision. A heated discussion ensued, and the Mayor stated that the results indicated confusion and felt that the Town should request that the results be made public. County Attorney George Rosenberg outlined the problems in counting the votes, citing a confusing ballot as the major problem. With na conclusions established regarding the voting and no further business, Councilman Donovan moved to adjourn at 9:15 P.M. ATTEST: ~~ ~, r w ~_ ~~~ Town er C~~. • ~... i MINUTES REGULAR MEETING VAIL TOWN COUNCIL 21 SEPTEMBER 1976 The regular meeting of the Town Council of the Town of Vail, Colorado, was convened at 7:30 P.M. on Tuesday, September 21, 1976, in the Vail Municipal Building Council Chambers. Mayor John Dobson and the following councilmembers were present: Josef Staufer John Donovan Kathy Klug Bi11 Heimbach Bob Ruder Bill Wi1to Others present included: 7erre1l J. Minger, Tawn Manager Larry Rider, Town Attorney ORDINANCE No. 23, Series of 1976, regarding short-term borrowing, was introduced on second reading. Mr. Stan Bernstein explained that the ordinance had been amended from first reading by bond-attorney Loring Harkness Loring Harkness to.!pledge saes tax revenues from January and February 1977 toward the short-term notes. He stated that the Bank of Vail had asked for additional security. Councilman Donovan moved to approve the ordinance as amended 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 in full because of the amendment. ORDINANCE No, 24, Series of 1976, regarding I-70 overpass bonds, was introduced on second reading. Mr. Bernstein explained that this ordinance awarded the sale of bands to Kirchner and Moore at 6.53% interest. He added that the bands were being sold now because the Town was about $60,000 into the project. Mr. Minger and Mr. Kent Rose stated that the present design may go over budget, but that additional Federal funds may be a possibility. The ordinance was then read by the entire title: "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 Town in the principal amount of $300,000 for the purpose of paying, in whale or in part, the cost of acquiring, constructing and equipping a pedestrian overpass and site therefor, together with all necessary incidentals; prescribing the form of said bonds; and providing for the levy of taxes and for the application of sales tax revenues of the Town of Vail to pay said bonds and the interest thereon." Councilman Ruder moved to approve the ordinance on second reading; Councilman Donovan 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. 25, Series of 1976, making supplemental appropriations from the General Fund and the Open Space/Capital Improvements Fund, was introduced on second reading. Mr. Bernstein explained that the appro- priations were for publication of the Zoning Ordinance, air conditioning for the VRA space in the Vail Transportation Center, and to rebuild two bridges in Bighorn. Councilwoman Klug moved to approve the ordinance on second reading; Councilman Heimbach seconded the motion; all present voted in favor: and the motion carried, The Town Clerk was instructed to have the ordinance published by title only. ~~ Minutes/Regular meeting 21 September 1976 Page Two ORDINANCE No. 26, Series of 1976, "An Ordinance authorizing the sale and issuance of general obligation refdnding bonds, dated November 1, 1976, in the principal amount of $6,345,000, of the Town of Vail, Colorado, for the purpose of refunding eneral obligation bands, series March 1, 1974, outstanding in the amount of 5,485,000 and general obligation bonds, series December 1, 1975, outstanding in the amount of $860,000; providing for the establishment of an escrow account for the payment and redemption of the outstanding bonds to be refunded; prescribing the form of said bonds; providing for the levy of taxes and for the application of certain sales tax revenues to pay said refunding bands and the interest thereon; and prescri_bin~ _other details_in connection therewith", was introduced on second reading, and the t~t1e wasTread into the record. Mr. Bernstein explained several routine amendments to clarify the ordinance, He added that the refunding will save the Town $600,000 in debt service over the next five years. He also announced that Bosworth-Sullivan was the lowest bidder for the bonds. Councilwoman Kluq moved to approve the ordinance on second reading; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was instructed to have the ordinance published in full. ORDINANCE No. 27, Series of 1976, authorizing the issuance of Special Assessment District bonds, was introduced on first reading. Mr. Minger read the title into the record: "An ordinance authorizing the issuance of Special Rssessment bonds of the Town of Vail, Colorado, in the principal amount of $540,000, for Town of Vail, Colorado, Street Improvement District No, 1; prescribing the farm of said bonds; providing for payment of the principal thereof and the. interest thereon; and making pro vision for other matters relating. thereto". He explained the expenses relating to the Special Improvement District to date and stated that the Town of Vail would save $280,000 over the life of the bonds. Councilman Heimbach moved to approve the ordinance on first reading; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried, The Town Clerk was instructed to have the ordinance published in full. ORDINANCE No. 28, Series of 1976, amending Ordinance No. 9, Series of 1975, increasing application fees far liquor and fermented malt beverage licenses, was introduced on first reading. ~4r. Rider stated that the license fees had been changed by the 1976 General Assembly and that this ordinance ~rou1d bring the Town up to date with the Statutes. Councilman Donovan moved to approve the ordinance an first reading; Councilman ~li1to seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was instructed to have the ordinance published in full. RESOLOTION Na, 79, Series of 1976, awarding purchase contract for Special Assessment District bonds, was introduced and explained by hir. Bernstein. He stated that the resolution G~~ould award the contract to Boettcher & Co., who Wd5 the lowest bidder at 8.5%. He also read the title of the resolution into the record: "A resolution awarding the purchase contract far Special Assessment bonds of the Town of Vail in the total principal amount of $540,000, for Town of Vail, Colorado, Street Improvement District; No. 1 to the best bidder therefor", Councilman Donovan moved to approve the resolution; Councilwoman Klug seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was instructed to have the resolution published in fu1T. With regard to A & D Enterprises request for a conditional use permit, dim Lamont explained that A & D wished to use residence space above the Liquor Store for office space, stating that the residential space, fronting on the corner of Bridge Street and Gore Creek Drive, was too noisy far residential use anyway. He stated that the Planning Commission had recommended approval. Councilman Staufer feared that an unwise precedent would be set, but Mr. Rider stated that a precedent would not be binding. Councilman Donovan moved to deny the request; Councilman Staufer seconded the motion; the vote was 4-3 against the motion; and the motion failed. Councilman Heimbach then moved to grant the request; Councilman Wilto seconded the motion; the vote was 4-3 in favor of the motion with Councilmen Donavan, Staufer and Ruder voting against; and the motion carried. With regard to the Cornice's request for a conditional use permit, Diana Toughill explained that the reauest was to use one of the apartments for a real estate and on-site management office. She added that the Planning Commis- sion and the staff had both recommended denial of the request. Councilman ~ Minutes/Regular Meeting 21 September 1975 ` Page Three Donovan moved to approve the request fora conditional use permit without parking, subject to approval of a.1andscape plan; Councilman Staufer seconded the motion; the vote was 4-2, with Councilmen Heimbach and .Ruder voting against, and the motion carried. With regard to Vail Associates' request fora conditional use permit, Ms. Toughill stated that the request was to locate Chair l5. Mr. Rider stated that there was a lawsuit pending, Kindelco v. Vail Associates, regarding the location for the chairlift, but that the suit did not involve the Town of Vail. Councilman Donovan then moved to approve the request; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried. With regard to the Medsker residence request for a setback variance, Ms. Toughill explained that the Planning Commission had recommended approval. Councilman Donovan moved to approve the request; Councilman Heimbach seconded the motion; a71 present voted in favor; and the motion carried. With regard to the Riggs` residence appeal of a Zoning Administrator`s decision to deny his application to build a garage in an avalanche zone., Mr, Rider stated that the Tawn of Vail could be held liable if it granted a building permit for the garage, and it was subsequently destroyed by an avalanche. He added that the Town could sign an agreement with the Riggs that the Town would not be held liable if any damage occurred. He did not feel that liability was a major problem. Councilman Heimbach moved to overturn the Zoning Administrator's decision on the condition that: 1. a letter be kept on file absolving the Town of Vail from any liability from avalanche related damage; and 2 the addition be limited to a garage and an enlarged living room; Councilman Wilto seconded the motion; the vote was 4--2 in favor, with Councilmen Donovan and Staufer voting against; and the motion . carri ed. With regard to the U.S. Forest Service report regarding Vail Mountain capacity, Ernie Nunn stated that Vail Associates has requested increased mountain capacity in conjunction with replacing Gondola I, and he asked if the Town of Vail really wanted such an expansion in light of the Growth Management Study. He added that the Forest Service would not approve the request i'f the Tawn was not in favor of it, and he felt that the parking situation for additional skiers would have to be addressed. With regard to Site 24, E1 don Beck. of Royston,. Hanamoto, Deck and Abey, reviewed the landscaping plan for the multi-purpose arena site. With regard to a possible cross country skiing trail, Jill Vig stated that there was much interest throughout the Valley for such a trail and requested that the Council authorize a study to determine who would maintain, pay far, etc. such a trail. Jim Gregg of the Forest Service stated that in some cases there v~rould be problems with nearby residents over people skiing past their yards. The Council proposed that Mr. Gregg, Vail Associates and the Town Council sit down together to discuss the possibilities. Mr. Minger agreed to appoint a staff member to work with the committee to come up with suggestions. With regard to the annual report, Mr. Bernstein stated that copies were avail- able in his office for all interested parties. CITIZEN PARTICIPATION T!n answer to a question regarding excessive speeding in Sigharn, Chief of Police Gary Wall stated that the Department had recently stepped enforcement in that area and had implemented a new signage program. There was no further business, and the meeting was adjourned at 10,50 P.M. ~~ A~'TES~.;_ ~ ti _. ~,•~~ Town erk /~C.~ ~/o,~ ~~ MINUTES REGULAR MEETING VAiL TOWN COUNCIL 5 OCTOBER 1976 The regular meeting of the Tawn Council of the Town of Vail, Colorado, was convened at 7:30 P.M. on Tuesday, October 5, 1976, in the Vail Municipal Building Council Chambers. Mayor John Dobson and the following councilmembers were present: Bob Ruder Bi11 Heimbach Bill Wilto Kathleen Klug arrived at 8:45 P.M. Others present included: Terrell J. Minger, Town Manager Larry Rider, Town Rttarney SPECIAL PRESENTATION The Town Manager introduced Mr. George Szego, President of InterTechnolagy Corp, who discussed his organization's Feasibility Studies of Energy Alternatives for Vail ~- the result of last year`s A.I.P. conference held in Vail. He discussed the impending shortages of fossil fuel and uranium, and stated that his studies indicate that the most practical energy direction for Vail is solar. He recommended that the Town of Vail seek ERDA grant money to study and pursue the development of solar energy as a viable alternative. Mr, Minger stated that the Town would need to appropriate $5,000 to initiate the ERDA request and that a grant application would be made to ERDA soon. The Mayor stated that a few copies of the report were available for interested citizens to borrow. Councilman Wilto moved to appropriate the necessary $5,000; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried. ORDINANCE No. 27, Series of 1976, authorizing the issuance of Special Assessment District Bonds, was introduced on second reading. Mr. Minger explained that the bonds are for the Bighorn paving project which should be completed by the end of the week. Councilman Heimbach 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. ORDINANCE No. 28, Series of 1976, increasing application fees for liquor and fermented malt beverage licenses, was introduced on second reading. The Mayor stated that there had been no changes in this ordinance which would bring the Town's fees up to date with State statutes. Councilman Wilto 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. 29, Series of 1976, making supplemental appropriations from the Open Space/Capital Improvements Fund, was introduced on first reading. Mr. Minger and Kent Rose, Public Works Director, explained that there had been some overruns on Site 24 due to relocating the utilities, saving some trees, not relocating the Teen Center, for new conduit and a transformer, and for engineering fees to Frei Otto previously approved by the Council. The appropriation also includes funds for the completion of the Colorado Ski Museum. Councilman Heimbach moved to approve the ordinance on first -_ reading; Councilman Wi1to seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was instructed to have the ordinance published in full. Minutes/Regular Meeting 5 October 1976 page Two ORDINANCE No. 30, Series of 1976, amending the Cable TV Franchise Ordinance, was introduced as an emergency ordinance. The Town Attorney explained that a severance clause had inadvertantly been left out of the original ordinance and that the oversight had been discovered during consummation of the sale of the franchise to new owner Frank Thompson. Ne felt the oversight should be corrected as an emergency measure because of the Manor Vail challenge to the ordinance which is still in litigation. Councilman Neimbach moved to approve the ordinance as an emergency; 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. 20, Series of 1976, accepting a dedication of properties from Frederick W. Distelhorst and Ines W. Distelhorst, was introduced. Mr. Rider explained that the resolution involved acceptance of the dedica- tion but not of the plat which had not-yet been approved by the Planning Commission. Diana Toughill showed the Council a map of the 7/3 acre parcel. Conditions of dedication stipulated that no bike paths or picnic areas be established thereon. Mr. Rider questioned whether the Council might be making the house nonconforming setback-wise through acceptance of the • dedication. Councilman Wilto moved to send the matter back to the'~Planning Commission for further study and recommendations; Councilman Neimbach seconded the motion; all present voted in favor; and the motion carried. RESOLUTION No. 21, Series of 1975, regarding Fire Prevention Week, was introduced. The Mayor read the proposed resolution which would establish the theme of Fire Prevention Week as "Learn Not to Burn". He added that Fire Chief Carlisle would show a short film on fire prevention immediately following the meeting. Councilman Neimbach moved to approve the resolution; Councilwoman Klug seconded the motion; all present voted in favor; and the motion carried. With regard to the Cornice's request for a setback variance, Diana Toughill explained that the request was to extend the building's balconies, She stated that the Community Development staff and the Planning Commission had recommended approval an the south side of a 5 feet extension and on the north side of a l2 feet extension. The existing balcony is 3 feet. She added that the proposed extensions would not encroach on the road. Mrs. Klug asked whether approval could be granted with the stipulation that no furniture would be stored on the balconies. Mr. Rider answered that no stipulations could be inserted. Mrs. Klug then moved to approve the 1z feet extension on the north side only. There was no second. She then moved to approve the request with the Planning Commission and staff recommendations; Councilman Wilto seconded the motion; Councilmen Ruder and Neimbach voted against the motion; all others present voted in favor; and the motion carried with a vote of 3-2. With regard to the Racquet Club's height variance request, Mrs. Toughill explained that this request was exactly the same as one granted to the Racquet Club by the Council in April, and that this request also included a parking variance. She added that both staff and the Planning Commission had recommended approval of both requests. Walter Kirsh of the Racquet Club stated that his original plans had been drawn prior to annexation and that he intended to carry them out. Councilwoman Klug questioned the need for a parking variance and asked that approval be granted only with the stipulation that all future buildings comply with the Zoning Ordinance. Councilman Ruder then moved to approve the requests for height, covered parking and building bulk variances for two buildings with the stipulation as stated by Mrs. Klug; Councilman Wi1to seconded the motion; all present voted in favor; and the motion carried. Regarding the Pulis request for a new subdivision for Vail Valley Filing Two, Mrs. Toughill showed the Council the proposed plat, and stated that the Planning Commission had recommended approval. Councilman Wilto moved to approve the request; Councilman Ruder seconded the motion; a17 present voted in favor; and the motion carried. Minutes/Regular Meeting 5 October 1976 Page Three With regard to Gordon Miles' requests fora setback variance, a GRFA variance, separation between buildings variance and a parking variance, Mrs. Toughil7 explained that Mr. Miles proposed to build an 7800 square foot house on a 1/3 acre parcel of land, thereby requiring the above variances. She stated that both Community Development staff and the Planning Commission have recommended moving the location of the house so that parking can be accommodated on his own property. Ms. Jonine Wixson, a neighbor of Mr. Miles, objected to the proposal, stating that the house would be located too close to her own. Jay Peterson, attorney for Mr. Miles, stated that the proposal still had to go to the Design Review Board after Council approval, and that the location could be altered at that time. Following considerable discussion, Councilman Wilto moved to table the requests for two weeks; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. With regard to the Town Manager's appeal of the Design Review Board's approval of the SunVail project, Mrs. Toughill explained that the approval had occurred because the time a7loted for consideration of the project had expired. The Town Manager had appealed the approval, and the applicant had submitted a second design. Councilman Wilto moved to deny the first design, previously approved by the Design Review Board; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. Councilwoman Klug then moved to send the second design back to the Design Review Board to be considered at its next meeting; Councilman Wilto seconded the motion; all present voted in favor; and the motion carried, TOWN ATTORNEY REPORTS Mr. Rider announced that a new lawsuit ~ Von Allman v. Wall, involving false arrest charges, had just been filed against the Town of Vail. CITIZEN PARTICIPATION Lou Parker asked about the status of the proposed "Heidi at Vail" presen- tation. Mayor Dobson stated that the Council had heard the proposal but had not acted on it, had not cammited any Town funds. Mr. Parker also complained about the hales in the road in front of the Transportation Center. Mr. Minger and Mr. Rose explained that the road was the responsibility of the State Highway Department, but that the Town of Vail had done some patching. They agreed to talk with the Highway Department again about repairs, Mrs. Klug suggested that "Children at Play" signs be installed around Lions Ridge Loop to lessen danger to children playing there. Mr, Rase agreed to erect the signs. With no further business, the meeting was adjounred at 10:15 P.M., and Fire Chief Carlisle showed a brief film regarding Fire Prevention Week. ^,~ ATTEST: ~~~ Tawn Clerk MINUTES REGULRR MEETING • VAIL TOS~N COUNCIL 19 OCTOBER 1976 The regular meeting of the Town Council of the Town of Vail, Colorado, was convened at 7:30 P.M. on Tuesday, October 19, 1976, in the Vail Municipal Building Council Chambers. Mayor Jahn Dobson and the following counci7members were present: Josef Staufer John F. Donovan Kathleen Krug Bob Ruder Bill Heimbach Bi11 Wilto Others present included: Terrell J. Minger, Town h4anager Larry Rider, Town Attorney ORDINANCE No. 29, Series of 1976, making supplemental appropriations for Site 24 and for the Colorado Ski Museum, was introduced on second reading. The Town Manager explained that the ordinance had been fully discussed at the previous meeting and that there had been no changes in the interim. Councilman Staufer 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 by title only. ORDINANCE No. 31, Series of 1976, imposing an occupation tax on all telephone utilities operating within the Town of Vail, was introduced on first reading. The Town Attorney explained that the former gross receipts tax on telephone utilities was now invalid because of a Colorado Supreme Court decision overruling such a tax involving Foster Lumber Co. within the Town of Minturn. He stated that this ordinance establishes an occupation tax based upon the number of telephone accounts within the Town of Vail. Councilman Donovan moved to approve the ordinance on first reading; Councilwoman Klug 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. 32, Series of 1976, rezoning certain properties to Public Use District, was introduced on first reading. Mr. Minger stated that this ordinance would rezone certain public properties - the Municipal Building-Post Office complex, the Vail Transportation Center, the Antholz Park, the K-4 school site, and Site 24 - to Public Use District. Counci l man Donovan asked that the Tract A soccer field also be included and then moved to approve the ordinance on first reading with the addition of Tract A; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was instructed to have the amended ordinance published in full. ORDINANCE No. 33, Series of 1975, making a supplemental appropriation for the Town's purchase of the Katsos property, was introduced on first reading. Mr. Minger explained that the Town had contracted to purchase the 140-acre Katsos Property, located just east of the Golf Course, from Vail Associates, and that the $20,000 supplemental appropriation from the Open Space/ Capital Improvements Fund would serve as earnest money for that purchase. Councilman Heimbach moved to approve the ordinance on first reading; Councilwoman Klug seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was instructed to have the ordinance published in full. Minutes/Regular Meeting 19 October 1976 Page Two • RESOLUTION No. 22, Series of 1975, in support of Proposition No. 8 on the November ballot, was introduced and explained by the Town Manager. He stated that the proposition would require a deposit on beverage containers and their return and reuse. Councilman Donovan stated that the Town of Vail is environmentally oriented and should support such proposed measures. He then moved to approve the resolution; Councilwoman Klug seconded the motion; all present voted in favor; and the motion carried. RESOLUTION No. 23, Series of 1976, in opposition to Proposition No. 10 on the November ballot, was introduced. Mayor Dobson explained that the proposition was sti71 tied up in the Supreme Court regarding whether it had been property placed on the ballot, but that the Town should act in case it is allowed to remain on the ballot. He stated that the __proposition_would require all new taxes to go to a public vote and to pass by at least 51% of all registered voters in an area. Councilman Wilto moved to approve the resolution;.Councilman Ruder seconded the motion; all present voted in favor; and the motion carried. RESOLUTION No. 24, Series of 1976, urging President Ford to sign into law H.R. 9719, was introduced. Mayor Dobson explained that this measure would provide payments in lieu of taxes to counties by the Federal governW meet far Federally-owned land within those counties. He added that such payments would be of great benefit to Eagle County. Councilman Staufer moved to approve the resolution; Councilwoman Klug seconded the motion; all present voted in favor; and the motion carried. RESOLUTION No. 25, Series of 1976, in support of Proposition No. 5 on the November ballot, was introduced and explained by Mayor Dobson. He stated that the proposition would provide for county commissioners to set the salaries of all county elected officials. Councilman Wi7to moved to approve the resolution; Councilman Donovan seconded the motion; all present voted in favor; and the motion carried. Mayor Dobson then read a resolution passed by the Vail Resort Association in support of a community civic auditorium and meeting facility on Site 24. The Mayor acknowledged receipt of the resolution and stated that the Council will consider it in its discussions of Site 24. There were no questions or further discussion. • Regarding implementation what kind of timetable it the public hearings. He the Council agreed. of the Mall Rct, Mr. Rider asked the Council would like to set; when it would like to start suggested the process begin in March, 1977, and Regarding the Lionshead Theatre variance requests for lot size, shape of lot, distance between buildings, parking for theatre and parking for commercial space, Mrs.. Klug moved to table the requests for two weeks for further study; Mr. Donovan seconded the motion; all present voted in favor; and the motion carried. Regarding the Radio Vail request for a conditional use permit, Jim Lamont explained that the request was in order to relocate the station's transmitter and antenna. He stated that both the Planning Commission and the Community Development staff recommended approval. Councilman Donovan moved to approve the request; Councilman Heimbach seconded the motion; Mayor Dobson abstained from the vote; all others voted in favor; and the motion carried. Regarding the Gordon Miles variance requests for GRFA, separation between buildings and parking, Mr. Lamont explained that at the last Council meeting the requests had been sent back to the Planning Commission for • further review. He stated that the Planning Commission now recommended approval of the site location and variances to allow-860 square feet of building. Jay Peterson, attorney for Mr. Miles, showed the Council his client's new plans and withdrew the parking variance request. Ms. Jonine i Minutes/Regular Meeting i9 October 1976 Page Three Hixson, a neighbor of Mr. Miles, stated that she was satisfied with the changes and that the proposed pause was no longer offensive to her. Sandy Mills of the Planning Commission stated that Commission's fear of inverse condemnation if the applicant were not allowed to build some type of structure on his property. Councilman Ruder felt that 7 feet between buildings was afire hazard, and the Council in general felt the site was too small. Mr. Peterson objected to the Council's denying his client a privilege others had enjoyed prior to the annexation of Bighorn. Mr. Lamont restated the Planning Commission's recommendation for approval based on its fear of inverse condemnation. Councilman Ruder moved to deny the requests; Councilman Wilto seconded the motion; Mrs. Klug voted against the motion; all others present voted in favor; and the motion carried. The requests were denied. Regarding the Poor Richards/Short Swing request for temporary parking on Town of Vail property, Mr. Lamont stated that the request was for the 1976-77 ski season only. He added that both the Planning Commission and the Community Development staff recommended approval. Councilman Donovan moved to approve the request for six months beginning on November 1, 1976; Councilman Staufer seconded the motion; all present voted in -Favor; and the motion carried. Regarding the Manor Vail request far encroachment an Town of Vail property far trash enclosures, Mr, Lamont showed the Council drawings of the proposed enclosures and stated that Dick Elias of the Manor Vail was present for questions. He added that the Design Review Board had recommended approval. Mr. Rider suggested that the Council send a letter to the Manor Vail stating that approval of the request was a license granted at the Town's discretion and could be revocable in the future if any problems arose. He stated that such a letter would be consistent with past policy. Councilman Staufer moved to approve the request and to send a letter as outlined by Mr. Rider; Councilman Donovan seconded the motion; a71 present voted in favor; and the motion carried. Mike Palmer, owner of the Cornice, was not present, therefore discussion of the Cornice`s parking situation was dropped. CITIZEN PARTICIPATION Mr. Lamont announced that the Planning Commission had earlier voted Pam Garton as its Chairman and Dan Corcoran as its Vice-Chairman, The Council offered its congratulations. With regard to the Vail Trails East and West parking situation, Councilman Staufer recommended granting them temporary parking permits similar to the one just granted to Poor Richards/Short Swing in order to ease their problems. Kent Rose, Public Works Director, stated that the two condominium complexes had just purchased the adjacent P-1 parking lot from Vail Associates and would be coming before the Council soon with landscaping plans, etc, Mr. Peterson stated for general information purposes that the SunVail project was back with the Design Review Board and with Eldon Beck and should be coming before the Council again soon. With no further business, the meeting was adjourned at 10.05 P.M. n LJ ATTEST: /~~.yC Town Clerk i. ., MINURES REGULAR MEETING VAIL TOWN COUNCIL 2 NOVEMBER 1976 The regular meeting of the Town Council of the Town of Vail, Colorado, was convened at 7:30 P.M. on Tuesday, November 2, 1976, in the Vail Municipal Building Council Chambers. Mayor John Dobson and the fallowing councilmembers were present: Josef Staufer John Donovan Kathleen K1 ug Bill Heimbach Bob Ruder Bill Wilto Others present included: Terrell J. Minger, Town Manager Larry Rider, Town Attorney ORDINANCE No. 31, Series of 7976, imposing an occupation tax on all telephone utilities operating within the Town of Vail, was introduced on second reading. Mayor Dobson explained that the new occupation tax would replace the invalid grass receipts tax. There were no questions, and Councilman Donovan moved to approve the ordinance on second reading; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was instructed to have the ordinance published by title only. ORDINANCE No. 32, Series of 7976, rezoning certain properties to Public Use District, was introduced on second reading. Mayor Dobson explained that the ordinance had been amended since first reading to include Tract A among the properties rezoned. Councilman Staufer moved to approve the ordinance on second reading; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried. The Town Attorney instructed the Town Clerk to have the ordinance published by title only since the amendment had been incorporated when adopted on first reading. • ORDINANCE No. 33, Series of 1976, making a supplemental appropriation for the Town's purchase of the Katsos Property, was introduced on second reading. Councilman Donovan explained that the $20,000 appropriation was to serve as a down payment for the property, then 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. RESOLUTION No. 26, Series of 1976, regarding land trades within the Gare Valley, was introduced. The Mayor explained that the intent was to restrict land trades for the purpose of.more development. Councilman Donovan read a Vail Associates press release in support of the resolution. Councilwoman K1ug emphasized that the resolution was not intended to stop land trades in the public interest, such as for open space. Councilman Donovan then moved to approve the resolution; Councilman Heimbach secondec the motion; all present voted in favor; and the motion carried. RESOLUTION No. 27, Series of 1976, authorizing the Town Manager to execute a lease between the Town of Vail and the Hertz Corporation, was introduced. The Mayor explained that the lease was for space in the Vail Transportation Center. Councilman Wilto moved to approve the resolution; Councilwoman K1ug seconded the motion; all present voted in favor; and the motion carried. Minutes/Regular Meeting 2 November 1976 Page Two With regard to the Brandt residence request for a setback variance, Diana Toughill explained that the variance request was for the construction of a porch. She stated that the residence was located on Rock Ledge Road adjacent to Forest Service property and that the Forest Service approved of the request. She added that the Planning Commission also recommended approval. Councilman Wilto moved to approve the request; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried. With regard to the Lionshead Theatre requests for lot size, shape of lot, distance between buildings, parking for theatre and parking for commercial space variances, the Town Manager stated that the principals had held a meeting following the Council's work session that afternoon in an effort to come up with a workable solution. Since Jeff Selby, part owner of the proposed theatre was not yet present, Mr. Minger suggested tabling the project. Mr. Selby then arrived and formally requested that the variance requests be tabled for further study. Councilman Donovan moved to table the matter; Councilman Staufer seconded the motion; all present voted in favor; and the motion carried. S Regarding a parking lease between the Town of Vail and Justine Smith, Diana Toughill showed the proposed parking plan to the Council. Mr. Rider had drawn up the lease to cover items the Council had requested - to be leased at the rate of $1.00 per year and to be restricted to licensed vehicles only. Ms. Smith then reviewed and approved the lease. Councilman Heimbach then moved to approve the off-site parking lease along with the Design Review Board's review of the landscaping plan; Councilman Donovan seconded the motion; all present voted in favor; and the motion carried. CITIZEN PARTICIPATION Councilman Heimbach announced the departure of the Vail Villager's Peter Eichstaedt to Santa Fe to work for the Santa Fe iVew Mexican. Mr. Eichstaedt made a few comments of farewell and in praise of the Town of Vail staff. Mr. Minger then introduced Pat Dodson, the new Town of Vail Recreation Director and administrator of the new ice arena. With no further business the meeting was adjourned at 8:00 P.M. • ATTEST: ~~ Gk ~~ Town C erk • 1 . MINUTES REGULAR MEETING VATL TOWN COUNCIL 16 NOVEMBER 1976 The regular meeting of the Town Council of the Town of Vail, Colorado, was convened at 7:30 P.M. on Tuesday, November 16, 197fi, in the Vail Municipal Building Council Chambers. Mayor John Dobson and the following councilmembers were present: Josef Staufer John Donovan Kathleen Klug Bill Heimbach Bab Ruder Bi71 Wilto Others present included: Terrell J. Minger, Town Manager Larry Rider, Town Attorney RESOLUTION No. 2$, Series of 1976, naming or renaming certain streets and public ways within the Town of Vail, was introduced. Kent Rose explained that over the years there has been some confusion, duplication, and, in some cases, lack, regarding the names of certain streets within the Town, and he listed the proposed names of certain streets as outlined in the resolution. Councilman Donovan moved to approve the resolution; Councilman Wi7to seconded the motion; all present voted in favor; and the motion carried. With regard to the 208 Study report, Jim Lamont introduced Terrell Knight of the Eagle County Planning Commission, Mr. Knight explained that the purpose of the 208 Study is to work out a waste water treatment plan for the County and to reach certain standards by 1995. He stated that the Study allows long-range planning far counties, and he added that Vail had grown 60% between 1960 and 1970 and 95% between 1970 and 1975. He stated that the 208 assumptions suggest limiting growth in the area to 122% and using water availability and treatment facilities as growth control vehicles. . The Council took afive-minute break in order to set up audio-visual equipment needed for the ensuing growth management presentation. After the equipment was set up, Jim Lamont then introduced Bill Lamont, of Briscoe, Maphis, Murray and Lamont of Boulder, consultants to the Town`s Growth Management Study. Mr. Lamont explained the purpose of the Growth Management Study - to assess where the Town is now, how it got that way, what the valley's limits are, and what to do about growth if anything. He stated that the process involves analyzing existing data, mapping the valley's existing growth, studying growth management tools, evaluating external impacts, and establishing a comprehensive plan. He stated that the Study so far is indicating that the Valley does have limits to the population it can support. With regard to the Open Space/Capital Improvements budget statement, the Town Manager explained the Charter requirement that two weeks prior to the Budget hearing the Town Manager must submit to the Council a statement regarding the Town's proposed long-range physical expansion. Section 9.4 of the Charter of the Town of Vail. Mr. Minger then read the statement, and Bill Pyka listed the proposed figures. Councilman Wilto moved to accept the Town Manager's statement; Councilwoman Klug seconded the motion; all present voted in favor; and the motion carried. Minutes/Regular Meeting 76 November 1976 Page Two Regarding appointment of a new member to the Planning Commission, the Council voted by secret ballot to appoint Mr. Ed Draeger. Applicants included With no further .business, the meeting was adjourned at 9;75 P.M. ATTEST: /~[ /~--C-~-C Town Clerk ~ ~ , ~o. • MINUTES SPECIAL MEETING/BUDGET HEARING VAIL TOWN COUNCIL 30 NOVEMBER 1976 A special meeting of the Town Council of the Town of Vail, Colorado, was convened at 7:30 P.M. on Tuesday, November 30, 7976, in the Vail Municipal Building Council Chambers, as a public hearing on the proposed 1977 Budget and Financial Plan. Mayor John Dobson and the following councilmembers were present: Jahn Donavan Bill Heimbach Bob Ruder Bill Wilto Kathy Klug Others present included: Terrell J. Minger, Town Manager Larry Rider, Town Attorney Stan Bernstein, Finance Director Bob Manzanares, Personnel Director ~J The Town Manager briefly explained that the budget is basically a "comprehensive plan" for the Town of Uail expressed in financial terms. He announced that a'!second hearing on the. proposed 1977 Budget would be held at the next regular meeting of the Council on December 7, 1976, at which time the ordinance adopting the 1977 Budget would be considered on First reading. He encouraged the public to attend that meeting. Mr. Manzanares then discussed the proposed salary scale for Town of Vail employees. He stated that the process of determining salaries involved computing a state--wide average for the various- positions, then adding a 15% cost of living differential to the Vail salaries. He added that a 6% cost of living increase was awarded across the board to all employees this year. He then explained the merit system of personnel evaluation adopted last year by the Council and announced that 42 of 740 employees had received merit increases amounting to another 5%. He stated that the study and his figures were available to anyone who wished to see them. Mr. Minger then commended Stan Bernstein on a job well done in drafting the proposed budget. He explained that the process involved individual sessions between each department head, Mr. Bernstein and himself, after which each department head met in special work session with the Council to iron out the final proposed document. Mr. Bernstein then went through the proposed budget fund by fund. He stated that $2.15 million was projected for the 1977 .General Fund, and that all funds show a 7% increase over 1976. He added that the mill levy had been decreased from to to compensate for the increased assessments required by the State Board of Equalization. He also stated that the proposed budget reflected a cutback in projected revenues to accommodate the loss of Thanksgiving sales tax. There were no questions from the floor. Mayor Dobson announced Councilwoman Kathy K1ug's resignation to be effective within a few weeks so that she may accompany her husband to his new job in Bend, Oregon. The Council offered its best wishes. With no further business, the meetii ATTEST : „ ,./~~ ~~ Tov~fr~ C 1 e ric c' ~ , MINUTES REGULAR MEETING VAIL T04~N COUNCIL 7 DECEMBER 1976 The regular meeting of the Town Council of the Town of Vail, Colorado, was convened at 7:30 P.M. on Tuesday, December 7, 1976, in the Vail Municipal Building Council Chambers. Mayor John Dobson and the following councilmembers were present: Josef Staufer John Donovan Kathleen K1ug Bill Heimbach Bob Ruder Bi11 Wilto Others present included: • Terrell J. Minger, Town Manager Larry Rider, Town Attorney Stan Bernstein, Finance Director ORDINANCE No. 34, Series of 1976, making supplemental appropriations from the General Fund, the Vail Transportation Center Special Revenue Fund, the Federal Revenue Sharing Fund, the Youth Services Project Fund, and the Ice Rink Construction Fund, totalling $74,000, was introduced on first reading. Mr. Bernstein briefly outlined each appropriation. 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 Town Clerk was instructed to have the ordinance published in full. ORDINANCE No. 35, Series of 7976, adopting the 1977 Budget and Financial Plan, was introduced on first reading. Mr. Bernstein stated that the budget hearing had been held on November 30, 1976, and stated in answer to questions that adjustments had been made and cushions incorporated to make up for the loss of November sales tax; that the merit wage increases would take effect January 1; and that the mill levy had been lowered in consideration of higher assessments. Mr. Minger then stated that the Budget incorporated an across-the-board 6% cost of living increase for employees, a 5% merit increase for 42 of 140 employees, and an 78% decrease in the mill levy. F!e added that all department heads were present to answer any further questions. Councilman Staufer voiced his objections to the merit increases, stating his fear that the merit system would allow for the doubling of wages every seven years. He added that he would vote yes for the budget as a whole, however. Mr. Minger replied that the merit system was not ever-escalating; that each grade contained only five steps then reached a ceiling. In the last motion of her Council career, Mrs. Klug moved to approve the ordinance on first reading; Councilman Donovan 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, 36, Series of 1976, regarding the Bighorn Street improvements, was introduced on first reading. The Town Attorney explained that this ordinance was the final step in the assessment process for the Bighorn paving and in fact levied the assessments approved earlier by the Council. The Mayor stated that there were some errors in the listing which would be changed prior to second reading. Councilman Ruder suggested that everyone read and check through the listing and give any changes or problems to the Town Clerk in writing prior to second reading. With no further questions, Mr. Ruder then moved to approve the ordinance on first reading; Councilwoman K1ug seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was instructed to have the ordinance published in full, Minutes/Regular Meeting 7 December 1976 Page Two RESOLUTION No. 29, Series of 1976, regarding Bighorn street improvements, was introduced. Mr. Rider explained that the resolution ratified the assessment mailings and public notice with regard to the Big-horn paving. Councilman Wilto moved to approve the resolution; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried. RESOLUTION No. 30, Series of 1976, in support of Rocky Mountain Airways application for exemption from certain portions of the Federal Aviation Act of 1958, was introduced. Mr. Rider explained that the application was for an exemption in order to use the deMavilland DHC-7 aircraft in and out of Eagle County. The Mayor stated that the request had no bearing on where the aircraft was to land. Councilman Heimbach moved to approve the resolution; Councilman Staufer seconded the motion; all present voted in favor; and the motion carried. RESOLUTION No. 31, Series of 1976, expressing concern over the lack of public transportation between Denver and the Gore Valley, was introduced. Mr. Rider e_x_plained that transportation between Denver and the Gore Valley was limited ~o a restricted~ontinenta~ Traiiways~schedule; chartere~~, limousine service and rental cars. He added that the Council wants to encourage less use of private cars into the Valley. Dick Elias asked that the section regarding Continental Trailways be deleted since he felt that the bus company provided excellent service. Councilman Wilto then moved to approve the resolution without the Continental Trailways paragraph; Councilwoman Klug seconded the motion; all present voted in favor; and the motion carried. RESOLUTION No. 32, Series of 1976, in support of the proposed extension of the White River National Forest boundary, was introduced. The Town Manager outlined the expanded boundary and the request for legislative approval. Councilman Donovan stated that Ernie Nunn of the Forest Service was 100% in favor of the expansion. Roger Tilkemeier of Vail Associates added his company's approval. Councilman Staufer moved to approve the resolution; Councilman Donovan seconded the motion; all present voted in favor; and the motion carried. TOWN ATTORNEY REPORTS Mr. Rider announced that the Town of Vail was seeking an alternate municipal judge to serve only occasionally. He stated that a law degree was not necessary and that any interested persons should contact either Mr. Minger or himself. CITIZEN PARTICIPATION The Mayor reminded everyone that Mrs. Klug's resignation would be effective December 15, 7976, and that the Council was discussing her replacement. He stated that the Council planned to announce the replacement at the December 2T, 1976 regular meeting and invited citizen input and suggestions. The Mayor then announced that a new committee will be formed, made up primarily of old Goals Committee members, to study Growth Management. Again, he invited citizen input. Mayor Dobson then turned to the subject of snow, or the Tack of, and asked Jim Bartlett of Vail Associates what the lift company's plans were for getting the mountain open. Mr. Bartlett stated that Vail Associates hoped to have the lifts running by Friday or Saturday, but that the snow which had fallen was too dry to pack. Councilman Donovan asked Pat Dodson when the ice rink might be opened since there was no skiing. Mr. Dodson stated that he had a bet with Vail Associates regarding which operation would get opened first. He M w Minutes/Regular Meeting 7 December 1976 Page Three added that the electricity would be hooked up on Wednesday and that the used 7amboni was due to arrive on December 15. He hoped to be making ice through the weekend for an opening on Monday. Celine Krueger joined the meeting to announce the defeat of the school budget in an election held today. Mr. Ti1kemeier, speaking as a member of the school board, stated that the quality of education need not be cut; that the board would just have to budget more carefully. With no further business, the meeting was adjourned at 8:30 P.M. ATTEST: ~~ Town Clerk r~ U .. r t '' MINl1TES ~~ REGEJLAR MEETING VAIL TOWN COl1NCIL 21 DECEMBER 1976 The regular meeting of the Town Council of the Town of Vail, Colorado, was convened at 7:30 P.M. on Tuesday, December 21, 1976, in the Vail Municipal Building Council Chambers. Mayor John Dobson and the following councilmembers were present: Josef Staufer John Donovan Bi11 Heimbach Sob Ruder Bill Wi1to Others present included: Terrell J. Minger, Town Manager ~~ Larry Rider, Town Attorney ORDINANCE No. 34, Series of 1976, making supplemental appropriations from the General Fund, the Vail Transportation Center Special Revenue Fund, the Federal Revenue Sharing Fund, the Youth Services Project Fund, and the Ice Rink Construction Fund, was introduced on second reading. Mayor Dobson explained that the appropriations would total $74,000. Councilman Wilto moved to approve the ordinance on second reading; Councilman Donovan 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. 35, Series of 1976, adopting the 1977 Budget and ,Financial P1 an, was introduced on second reading. Mayor Dobson stated that this ordinance was the annual appropriation ordinance adopting a budget for the Town of Vail. Macci Carmody asked whether the budget had been cut in lieu of the loss of sales tax to date and if it had been structured so that the Town would not have to borrow short-term in 1977. Controller Bill Pyka stated that the answer to bath questions was yes. Councilman ---~ - ---Donovan ~11en 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. 36, Series of 1976, regarding the Bighorn street improve- ments, was introduced on second reading. The Town Manager explained that the Bighorn Street Improvement District had been formed to pave the streets and ways in the Bighorn area of the Town and that in order to pay for the paving, residents of the area had been assessed in accordance with their zoning. He stated that 19 objections to the assessments had been received by the Council prior to tonight's hearing, and that the Council now must decide how to dispose of the objections. Mr. Kent Rose _ then read all 19 objections into the record along with the staff recommen- dations. He added that the requirements of Ordinance 14, Series of 1976, establishing the District had been complied with and that the improvements were now completed. Mr. Sam Maphis of Briscoe, Maphis, Murray and Lamont. explained the equivalent unit basis for arriving at the assessments, based upon existing zoning. The Town Attorney stated that Allan MacRossie, a local rea1tor, had reviewed the project and had found it to hold certain benefits regarding property values to the property owners of the Bighorn area. Since Mr. MacRossie was unable to attend the meeting, he submitted ~; a letter outlining his findings, which Mr. Rider read to the Council. Mr. Rider then stated that, as outlined in his memo to the Council, the equivalent unit method of assessment was unusual, but that in his opinion i Minutes/Regular Meeting 27 December 7976 page Two it was equitable and fair and that the assessments did not exceed the benefit to property owners. Mr. Bill Pyka, Controller, stated that the assessments were due on December 24 and must be paid in full by January 23, 1977. He added that if the assessments were not paid by those dates, they would automatically be placed on an installment plan of 20 install- ments over a 10 year period, decreasing in amount each year, and at an interest rate of 9.3%. Mr. Rider then invited any protestants to make their presentations. The Mayor read down the list of protests, and the first protestant to address the Council was Dave Elmore. Mr. Elmore stated that his property was in a Residential Cluster zone, but was a Law Density nonconforming use, therefore, he requested that his assessment be lowered to the LD equivalent unit. Mr. Rose replied that no consider- ation had been given to nonconforming uses. Councilman Staufer also questioned Mr. Elmore's assessment as being too high. Councilman Donovan asked whether other property owners in similar situations could ask for rectification if the Council lowered Mr. E7more's assessment because of the nonconforming use. Mr. Rider replied that the time had expired tv raise objections, that all protestants had to appear before the Council tonight, therefore, no one else could ask for the change. Councilman Heimbach then asked if the Council could change the assessments of other nonconforming uses. Mr. Rider again replied no; that the purpose of the hearing was to hear protests, not to make changes in general. Mr. Maphis suggested that if the Council lowers Mr. Elmore's assessment, they should then add on the cost of his driveway paving, which had been left off in. the beginning since his assessment had been at the maximum for his zone. Councilman Donovan then moved to assess Mr. E7more's property at the .5 (LD) equivalent unit rather than at the .75 (RC) equivalent unit and to add the driveway cost to the'~resulting figure; Councilman Wilto seconded the motion; all present voted in favor; and the motion carried. Ms. Bonnie O'Leary's assessment was protested by Macci Carmody, who stated that one of Ms. O'Leary's lots houses the Bighorn Water District's water pump, and that Ms. O'Leary felt the water district should be assessed far that lot. The staff stated that it had found no proof anywhere that anyone but Ms. O'Leary owns both lots, with no record of any interest by the Bighorn Water District. Mr. Rose added that the Tots were assessed at the Single Family zoning to which they had just been rezoned. Councilman Donovan moved to deny the protest; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried, With no further protests, Councilman Donovan moved to accept the staff recommendations on all the protests except for Elmore and O'Leary, which had been disposed of separately; Councilman Ruder seconded the motion; all present voted in favor; and the ~ motion carried. Councilman Ruder then 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 by title only. ORDINANCE No. 37, Series of 1976, regarding parking regulations for the Vail Transportation Center, was introduced on first reading. Mr. Minger explained that the ordinance would prohibit certain uses within the parking structure. Mr. Lou Parker asked where vehicles over the height restriction might be parked, and Mr. Minger replied that they could be parked on tap of the structure rather than within it. Councilman Wilto moved to approve the ordinance on first reading; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. fihe Town Clerk was instructed to have the ordinance published in full. RESOLUTION No. 34, Series of 1976, regarding the need for a full service hospital facility in the Gore Valley, was introduced. Mr. Minger explained that the Vail Hospital was planning an expansion and had requested a supporting resolution from the Vail Town Council. Mr. Chuck Tubbs, hospital administrator, was present and thanked the Council for its time, --.` He added that the resolution was necessary for the Certificate of Need required by the State Department of Health. Councilman Wi7to stated that the resolution implied no financial support from the Town. Councilman Donovan moved to approve the resolution; Councilman Staufer seconded the motion; all present voted in favor; and the motion carried. :! Minutes/Regular Meeting 21 December 1976 Page Three RESQLUTION No. ~, Series of 1976, regarding additional funds for the construction of the Z-70 overpass, was introduced. Mr. Minger explained that this resolution would be an amendment to Resolution No. 11, Series of 1976, which provided Federal highway funds for the Vail overpass project. He added that since the cost of constructing the overpass has increased, this amendment would provide for additional Federal funds as requested by the Town. He also announced that the bid opening for construction of the overpass would be held on January 6, 1977. Council- man Heimbach moved to approve the resolution; Councilman Donovan seconded the motion; all present voted in favor; and the motion carried. Regarding the appointment of an Assistant Municipal Budge, the Council, by secret ballot, chose Terry Quinn. Applicants included Kathy Schindelar, Cyrus Allen, George Rosenberg, Lou Parker, and Ed Draeger. Applicants to fill the Council vacancy left by Kathy Klug's resignation included Rod Slifer, Gerry White, Dick Elias, and Paula Palmateer. Macci Carmody spoke in favor of Mr. Elias, and others present spoke in favor of a representative from Lionshead. Councilman Donovan stated that this appointment would not be to fill out Mrs. Klug's term, which had been for four _years, but would run until the next Council election in 1ovember, 1977. Then by secret ballot, the Couricil chose Mr."Rod Slifer to fill the vacancy. Mrs. Palmateer expressed gratitude far the support given her and promised to run for Council office in November. With no further business, the meeting was adjourned at 9:25 P.M. ATTEST ; ~~ ~C To ~ er ~~ ~f