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HomeMy WebLinkAbout1972-10-03 Town Council MinutesW i • E • MINUTES REGU LAR MEETING TOWN COUNCI L FOR THE TOWN OF VAI L OCTOBER 3, 1972 . A regular meeting of the Town Council of the Town of Vailwas convened at 7:40 p.m., October 3, 1972, in the Council Room of the Vail Municipal Building. Mayor John A. Dobson and the following councilmen were present: Richard Bailey Joseph Langmaid Thomas Steinberg Also present were: Terrell Minger, Town Manager Lawrence B. Robinson,. Town Attorney The meeting was first convened with the Council acting as the Local Liquor Licensing Authority. Bridgewater Inn, Inc. had filed for a beer, wine and liquor license, the premises to be located in part of the Lionsquare Lodge, Lot 1, Vail Lionshead, First Filing.. Town Clerk Minger noted that the necessary information had been received, and"the necessary fees paid. Mr. Robinson noted that there were no negative findings reported by the police department. Some letters had been received in favor of the application; no letters against the application had been roceived. The Mayor read the Colo- rado statutes applicable to the hearing. Mr. S. Douglas McLaughlin appeared representing the applicant. He presented to the Council three petitions in favor of the application. Mr. McLaughlin also asked the Council to take note of the previous licenses granted in the area and the testimony previously given as to the statistics of the area. Town Clerk Minger swore in Mr. William John Monsour, Mr. William James Cunningham, Mr. Warren E. Klug and Ms. Jane Madeleine Feller. Mr. Cunningham testified that he is a 50% owner in the restaurant corporation and also a general and limited partner in the firm which developer the property. The lodge in which the :restaurant is proposed to be located has an overnight capacity of 400. Mr. Cunningham has no restaurant experience and will function basically as an investor in the corporation. There are 78 parking spaces above ground and 58 spaces under- ground at the location. The. fact that some of the lodging facilities near the premises will have no restaurant facility was cited as demonstrating the need for the facility. Mr. Cunningham is not an officer of the corporation; he is a member of the board. He is over 21 and has, never committed a felony, Mr. Monsour testified that he is a 25% owner and also the President and Treasurer of the Bridgewater Inn, Inc. He wilt be the manager of the proposed restaurant. He gave his experience in the restaurant business, including the fact that he has a degree in hotel and restaurant management. They propose a 30-seat cocktail lounge and a 70--seat dining facility. It is hoped they can stay open 12 months a year. Mr. Monsour noted that the health inspector had reviewed their plans and suggested some changes, which will be made. He is over 21 and has never committed a felony. Mr. Klug is the operations manager of the Lionsquare Lodge. He is a 25% stockholder and secretary of the corpor- ation. He is also a member of the Board of Directors., It was his opinion that, as there will be over 1700 beds in the Lionshead area, there is a demonstrated need for the restaurant. He is over 21 and has never committed a felony. Ms. Feller testified that she is a secretary and reservationist for Lionsquare Lodge. From her experience working in the area, she feels there is a need for the faci lity. As there were no further questions of the witnesses, Mr. McLaughlin asked that the license be granted to Bridgewater Inn, Inc. Mayor Dobson stated that the decision will be given in writing within 30 days and a certified copy will be mailed to the applicants. The Local Liquor Licensing Authority adjourned at8:15p.m. The meeting convened as the. Town Council at 8:15 p.m. The first item on the agenda was the ratification, as required by the Home Rule Charter, of the positions of Town Manager, Town Attorney and Municipal Judge and their incumbents, Mr. Minger, Mr. Robinson and Mr. Gerard. Councilman Steinberg moved that the positions be ratified; Councilman Bailey seconded; ratification was unanimous. The Town Manager nextratified certain town employees: Linda R. Hall, Town Clerk; Mike DiMiceli, Police Chief; Stanley F. Bernstein, Director of Finance and Administration; Kent Rose, Town Engineer; Jerry Aldrich, Chief Building Official; Pete Burnett, Superintendent of Public Works; James Lamont, Administrative Assistant to the Town Manager. Mayor Dobson explained the proposed leasing of private property for parking facilities for the forthcoming winter. The Council was polled as to whether they had read and understood the ordinance; Councilman Langmaid answered that he had, Councilman Bailey answered that he had; Councilman Steinberg answered that he had: Councilman Bailey moved that Ordinance No. 13 (Series of 1972) AN ORDINANCE AUTHORIZING THE TOWN OF VAIL TO LEASE CERTAIN PRIVATE PROPERTY WITHIN THE TOWN OF VAIL TO BE USED AS A MUNICIPAL PARKING FACILITY; DETERMINING THAT SAID REAL PROPERTY SHOULD BE EXEMPT FROM ALL AD VALOREM REAL PROPERTY TAXES; AND SETTING FORTH MATTERS AND DETAILS IN • RELATION THERETO be published; Councilman Steinberg seconded; approval was unanimous. An ordinance regarding the uniform building code was next considered. Mr. Aldrich explained that the term "loft" is not defined in this code and the definition for "mezzaine" does not cover the case adequately. Thus, the purpose of the ordinance is to define "loft" and how it should be treated. Mayor Dobson indicated that he thought the ordinance should be studied before the second reading. The Council was polled as to whether they had read and understood the ordinance; Councilman Langmaid indicated that he had; Councilman Bailey indicated that he had; Councilman Steinberg indicated that he had. Councilman Langmaid inquired whether the provision for shaft ventilation only applied to new buildings; the re -construction required would make it difficult to enforce for already constructed buildings. However, a new health ordinance could remedy some. of the existing problems. .Council- man Steinberg moved that Ordinance No. 14 (Series of 1972) AN ORDINANCE AMENDING.ORDINANCE NO. 6 (Series of 1971) REFERRING TO THE UNI- FORM BUILDING CODE ANDaMAKING,ADDITIONS THERETO; AND SETTING FORTH DETAi LS IN RELATION TO THE FOREGOING be published; Council is man Langmaid seconded; approval: was unanimous. Mr. Minger explained that each year at this time the Town.has a cash flow problem and 'the need to borrow funds arises.. Mr. Robinson suggested that this could be adopted as an emergency ordinance; -however, the Council was hesitant to use an emergency ordinance unless it were absolutely necessary. As the need was not that critical, it was agreed to treat the matter in a, regular ordinance. Councilman Langmaid indicated that he had read and understood the ordinance; Councilman Bailey indicated that he had read and understood; Councilman Steinberg indicated that he had read and understood. Councilman Bailey moved that Ordinance No. 15 (Series of 1972) AN ORDINANCE AUTHORIZING MUNICIPAL BORROWING OF MONEY IN AN AMOUNT NOT TO EXCEED $75,000.00 TO SO-PLEMENT THE GENERAL REVENUES FOR THE FISCAL YEAR 1972; AUTHORIZING THE MAYOR AND TOWN MANAGER TO EXECUTE SHORT TERM NOTES TO EVIDENCE SUCH INDEBTEDNESS FOR MUNICIPAL PURPOSES; AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO be published; Councilman Steinberg seconded; pas- sage was unanimous. Next on the agenda was consideration of a proposal to conduct a summer soccer and training camp in Vail. Mr. Wachter of the Rocky Mountain Soccer. Associa- tion is proposing to hold his camp in Vail in July or August. It would extend over a three-week period, on week -days only. He would arrange his own lodging and food facilities. The Town would provide the soccer field. Although Page 2 the Vail soccer team is in favor of the arrangement, there could be some problems with conflicting demands for the use of the field. There was some discussion of whether the Town should charge for the use of the field. However, charging for the field might increase the currently low cost to the . �. student. Mayor Dobson suggested that Mr. Minger negotiate with Mr. Wachter about details; a Firm decision will be made at the next meeting. A Letter had been received From Eagle -Piney confirming their request for $1,000 per month for the forthcoming year. As this had already been refer- red to the budgetary sessions, no action was needed. Mr. Minger reported that Vail Associates had agreed to spend $15,000 for a study of the District Planning Area extending from the top of Vail Pass to"Wolcott. It: is possible. that the general grant made by the Town of Vail to the County for planning purposes should be allocated to this more specific project. In the selection process for a County Planner, the field has been narrowed to 5 individuals. The names of the individuals who have applied fora position on the Town Planning Commission were read. The selection will be made on October 17, with applications being accepted until October 10. Mr. Minger reported that Mr. Jay Peterson had been hired to codify the ordinances. All ordinances are .being evaluated in light of the Home Rule Charter to determine whether they are necessary and desirable. In regard to the up -coming budget preparation, each department has been requested to submit a report on their goals and objectives. In this way, it can be ascertained that the goals are in agreement with one another. A process through which all proposed construction will be considered has been estab- lished. In this manner, it is hoped to provide better direction and control over development. Mr. Nott of Vail Associates commented that he thought' the change to be a beneficial one. At this point, Mr. Nott explained a.problem his firm has encountered, they are anxious to plat the. 13th Filing; however, there is no Planning Commission at present before which they can make their presentation. He suggested that some of the previous members of the Plan- ning Commission be polled by the Council and the hearing .proceed before the Council. Mr. Robinson noted that the final plat had not been received. until September 20. Also, notice had never been given of any of the meetings that: had been held. As a result of these factors, it could not be maintained that the matter had been sufficiently considered. Mr. Robinson suggested that tentative date be set for the hearing in anticipation of the appointment of the new members of the Planning Commission, Mr. Nott was agreeable to this suggestion. Mr. Minger reported that Mr. Edeen, the sanitarian, is preparing an ordinance that will require after -burners to be used in restaurants to prevent odors. In regard to the program to lower speeding abuses in the Town, it was noted that it may be necessary to purchase a speed gun. The cost and availability of this equipment will be investigated. Mr. McLaughlin suggested that bicycle speed- ing also be investigated. Additional reports concerned: 1 . the pirate ship playground is nearing completion; 2. the new police uniforms and bicycle patrol have received much publicity; 3, a suggested outline for a town brochure has been prepared; 4, the Council is considering the development of a long- term master plan for the town. There was some discussion of whether the Vail Trail meets the requirements for legal publication; -this will be investigated,. Although the formal hearing is not scheduled: until the next meeting, Ernst Larese presented a revised parking proposal for the. Cornice building. Mayor Dobson indicated this would be studied. The minutes for the meetings of September 15 and September 19 had been previously submitted to the Council;' Councilman Bailey moved they•be approved; Councilman Steinberg seconded; approval was unanimous. As there was no Further business, Councilman Steinberg moved the meeting adjourn; Councilman Bailey seconded; adjournment was at 9:25 P.M. Town Clerk Page 3 MINUTES WORK SESSION TOWN COUNCIL. OF THE TOWN OF VAIL OCTOBER 6, 1972 • A work session of the Town Council of the Town of Vail was convened at 10:30 a. m. , October 6, 1972, in the Conference Room of the Vail Muni- cipal Building. Mayor John A. Dobson and the following Councilmen were present. Joseph Langmaid Tom Steinberg Gerry White Also present was Terry Minger, Town Manager Mr. Clancy and Mr. Brady, the new owners of the Pulis property, presented their current plans for development. Items noted included: 1. they will be doing considerable replantings of trees; 2. the first phase of their project will be condominium townhouses to be started next May; 3. They have closed on the property and formed a partnership as the development entity; 4. Gerald Phipps would be the contractor; 5. the current zoning of the property was requested by the former owners. The developers pointed out that as the property is currently zoned, 800,000 square feet of building area is available. In their proposed rezoning they have consolidated the HDMF area and reduced the area to be donated to the Town to 4 acres, all of which is unbuildable even for amenities. The developer would be willing to build amenities on the formerly dedicated land that they propose to retain. This retained land would be included in their calculations of F.A.R. Discussion centered on several points: 1. the road system and the status of the golf course maintenance road; 2. a possible land trade between property for the proposed amphitheater and land for golf course parking; 3. a possible rope 'tow/beginners lift or sledding run in the far south-eastern portion of 'the property. The developers noted that they might not want to dedicate the roadway areas to the Town. The management association for the common areas in the development would be responsible for the maintenance of the roads in that case. Councilman Steinberg suggested that, even if not dedicated,. they would have to be removed from the density calculations. As the developers were not certain of the density of the proposed project if all. potentially dedicated areas, were removed, Councilman Steinberg suggested that such a figure be calculated before the next meeting. There was some discussion of whether the mountain can handle the number of people contemplated as a result of this development. Councilman White suggested that the developer dedicate to the town the amount of land originally contemplated and then lease from the town to build the recce a- tional facilities. Councilman Steinberg was of the opinion that the dedicated land should not be used for the F.A.R. The developers reiterated that if the land was not available for the F.A.R. , they could not afford to build the amenities. Mr. Clancy and Mr. Brady indicated that they were willing to contract to build the amenities; also, they would contract to the F.A.R. Is of .5 to 1 and .75 to 1 . They will .not be selling the property to other developers. Further discussion led to -the topic of the need for a PUD provision stating that when "x" units were built, "x" amenities would also be completed under penalty of ceasing construction. General agreement was reached 'that the desirable situation would be for the land to be dedicated to the Town and then leased to the developer for the construction of amenities. Whether this land would be calculated in the F.A.R. needs -to be negotiated. The amount of land in roadways and dedicated open space which they would like to include is 360,000 square feet. The need for co-ordination between the health club operation and the golf club was discussed, as Was the need for a guarantee of public use of all the amenities. Mayor Dobson stated that he felt a bad precedent would be set if the developer were allowed not to dedicate the roadways and received an F.A.R, credit for them; there was general agreement with this statement. If their desire was to have the roadways maintained at a higher level than those in the rest of the town, they could always give the Town extra monies to. accomplish this end. Councilman Langmaid noted that another danger, would be that a.group of property owners might decide to close a thoroughfare if these were in private ownership. Mr. Minger noted that perhaps not all necessary preparations would be completed prior to the meeting scheduled for October 17. In addition, several councilmen would be absent for that meeting. If the meeting were. held, it would be doubtful that any decision could be made. The developers' were prefer to agree on the 17th that they would build "x" amenities in exchange for "x" amount of building square footage. Mr. Manger cautioned that the potential legal problems are going to take some time to work out. It was suggested that they could begin work on their, Phase I without complete agreement reached as it is a low -density area. Councilman White calculated that the 260,000 square feet of dedicated land for which they are asking credit would allow the developer to accommodate 300 to 400 more people. Although this figure may not be exact, there was general agreement that this is the figure which is needed before a decision is reached. . Mayor Dobson added that another pointof negotiation could be in regard to the. uses around the golf clubhouse. • • There was some discussion of Whether the. meeting scheduled for the 17th should be held. It was decided that meetings between the attorneys should begin immediately; that discussions shout d be held with the;Recreation District Board and that meetings should continue with the Council and Planning Com- mission. There will be no hearing on the 17th. As there was no further business, the meeting adjourned at 12:20 p.m. Town Clerk Page 2