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HomeMy WebLinkAbout1973-09-04 Town Council Minutes• • 0- MINUTES REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAIL SEPTEMBER 4, 1973 A regular meeting of the Town Council of the Town of Vai l was convened at 7-45 p.m., September 4, 1973, in the Council Room of the Vat Municipal Building. Mayor John Dobson and the following Councilmen were present: Richard Bailey John Donovan Joseph Langmaid Tom Steinberg Gerry White Also present were: Terry Minger, Town Manager Larry Robinson, Town Attorney Stan Bernstein, Finance Director Ordinance No. 14, a proposed landscaping ordinance, was introduced for second reading. Jen Wright suggested that it is not always practical to construct walkways of native materials. Mr. Minger suggested that this be changed to require natural materials whore feasible. In regard to the exception of Town of Vail projects from the provisions, he suggested this be changed to exclude only "minor" Town projects. Mr. McLaughlin sug- gested that the definition of "new structure" has been omitted from the ordinance; Ms. Toughill noted that this is an oversight. This definition would be inserted, consistent with the definitions of the new zoning ordinance. The matter was postponed until later in the meeting. Ordinance No. 15, AN ORDINANCE A UTHORIZING MUNICIPAL BORROWING OF MONEY IN AN AMOUNT NOT TO EXCEED $75,000.00 TO SUPPLEMENT THE GENERAL REVENUES FOR THE FISCA L YEAR 1973; AUTHORIZING THE MAYOR AND TOWN MANAGER TO EXECUTE SHORT TERM NOTES TO EVIDENCE SUCH INDEBTEDNESS FOR MUNICIPAL PURPOSES; PROVIDING FOR IRREPEALABILITY AND THE LEVYING OF A TAX, IF NECESSARY, TO ASSURE THE REPAYMENT OF THE BORROWING HEREIN AUTHORIZED; AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO, was introduced For first reading by Councilman Bailey. The title was read in full and the audience advised that copies were available. Mr. Minger explained that the borrowing is necessitated by the cash flow problems the Town experi- ences at this time of year. He also noted that the entire amount authorized will probably not be needed. Councilman Bailey moved that Ordinance No. 15 be approved; Councilman White seconded; Councilmen Bailey, Donovan, Langmaid, Steinberg, White and Dobson voted in favor; there were no votes, against; the motion carried and the Town Clerk was instructed to publish the ordinance for public hearing at the next regular meeting. Ordinance No. 16, A SUPPLEMENTAL ORDINANCE AUTHORIZING THE EXPENDITURES OF FUNDS BY THE TOWN OF VAIL IN EXCESS OF THE TOWN BUDGET FOR 1973, AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO, was introduced for first reading by Councilman White. The Title was read in full and the audience advised that copies were available. Mr. Bernstein explained that the monies being appropriated included $40,000 from the recreational Fee fund for the bicycle and pedestrian paths and monies from the federal revenue sharing fund. Mr. McLaughlin inquired if the latter were matching funds; Mr. Minger replied that they were not. Mr. Elias inquired why the expenditures were in excess of the budget; Mr. Minger replied that the Town was not aware at the time of the budget preparation that they were going to receive the funds. Mr. Elias noted that the paths have already been built. The bills have not been paid. A member of the audience inquired how the paths could be built if the Town did not have the money at the time. Council- man Donovan replied that the Town did have the money; the ordinance just authorizes its expenditure. Mr. Minger added. that it was an expenditure in anticipation of revenues. As there was no further discussion, Councilman White moved that Ordinance No. 16 be approved on first reading, Councilman Bailey seconded; Councilmen Bailey, Donovan, . Langmaid, Steinberg, White and Dobson voted in Favor; there were no votes against; the motion carried and the Town Clerk was instructed to publish the ordinance for hearing at the regular meeting. . The next matter on the agenda was the proposed, schedule of fees to be charged under the new zoning ordinance. There were many expressions from the floor that the fees were not high enough, especially for the larger projects. Mr. Minger emphasized that these are only. design .review 'fees. He noted that the cost of a project is independently calculated by°the building inspector on the basis of a sliding scale. A member of the audience asked if the fees might be too high for minor variances. Mr. Minger noted that the administrative cost does not vary in terms of the size of the variance requested. .Councilman Steinberg moved that a resolution be adopted incorporating the fees as presented; Councilman Sai ley seconded; Councilmen Bailey, Donovan, Langn,7 Id, Steinberg., White and Dobson voted in favor; there were no votes against; the motion carried. Mr. Rob Garton explained that the cemetery on their property in Vail.Inter- mountain was originally used by the Ruder Family, but several people from outside the family have since been buried there. They would like to give this cemetery to the Town, although this plot would not be adequate for the needs of the Town. Councilman Steinberg noted that the Town is already in the Minturn cemetery district, which might prevent the formation of another district. Mr. Robinson noted that.there are alternative means of organizing.a cemetery; the more important question is to decide the location and size of the proposed cemetery. Mr. Garton noted that there is some land to the west of this plot that they are attempting to trade to the. BL.M. This land might then be available through the eLM. Mayor Dobsonnoted that the staff will be asked to pursue the question. Returning to the question of the second reading of Ordinance No: 1.4, Mr. McLaughlin noted several additional objections. The genere L point was that he found it totally unenforceable. After some further. discussion; Mayor Dobson noted that the matter would be tabled pending revisions.. Mr. Bernstein explained more fully the items on the July voucher list which had been questioned at the last regular meeting. Mr. Weibel responded that he felt the lodging expenses relating to John Lindsay's visit were excessive. Mayor. Dobson disagreed, noting that, in his opinion, the visit was very, productive. Councilman Donovansuggested that..An the future, the voucher lists be formally approved. Councilman Langmaid suggested that this was not necessary as the money has already been approved In the budget, Mayor Dobson noted that, in the future, the Council will go over the voucher lists .in advance of the meeting. Councilman Donovan added that if there are any questions, Mr. Bernstein can be contacted. The minutes of the meetings of June 25, June 269 June 27, August 7 and . August 15 had been previously submitted to the Council. Councilman Steinberg moved they be approved; Councilman White seconded; approval was unanimous. Mayor Dobson noted that the request for a variance From Ernst Larese had been withdrawn. It was noted that a fact sheet is.avatlable on the provisions, of the Malt Act. In regard to parking for the winter, Mr. Minger noted that Last winter .there were 75 reserved spaces sold for $90.00 a space. There. were also 25 short-term spaces. This year the policy in regard to short-term spaces will be made more clear to the public. Mr. Minger further noted that the physical lay -out of,the lot lends itself to 100 spaces of a special character. Mr. Elias inquired if the bus terminal was to be moved; Mayor Dobson suggested that it was necessary to further discuss this issue with the VRA. General agreement was reached that the number of spaces reserved and the charge should be the same as Last year, with some over -selling of spaces. In regard to the request for information on the use tax, Mr. Minger reported that a comparison had been made of the potential revenues generated" by a.. sales tax and a use tax. The comparison resulted in the conclusion that the use tax could not serve as a substitute for the sales tax. The burdenof a use tax would fall more heavily on the' local resident, also. Mr. Elias noted that he had proposed the use tax in addition to the sales tax. Mr. Minger replied that if the Council and people wanted to.collect such a tax, it could.be done. Mr. Frank suggested that it is possible to tax to too great an extent. After some further discussion, Mr. Elias formally retracted his suggestion. In regard to the arts and crafts A -frame, Mr. Minger reported that Vail Associates has agreed to make the building available for use for a minimum period of three years. Ih addition; the Town is negotiating to obtain Site 24 at some time in the future. In order.,to.use the building this winter, an expendi- ture of $15,000 for insulation, kieat, 'etc. is: necessary: Mr. Bernstein noted that the funds would come from the existing additional cent Sales tax. After some discussion, Councilman White MoVeid that $15,000 1be allocated to improve the A --frame; Councilman Donovan seganded; approval was unanimous. Mr. Minger reported that a fact sheet on the bond issue will be prepared and available on Friday. Mayor Dobson noted that the counter -suit filed by the Anthotz group has been dropped. A commission has been appointed to hear the condemnation proceedings on December 10. An additional report given by Mr. Minger was that the Town may sponsor a day .care center above the: Clinic after the elementary school moves. Directors have been elected from the Bighorn Homeowners Association; some of these directors favor annexation. The Town is preparb° g petitions for this annexation. There was general Council agreement that the staff should proceed with the work for this annexa- tion. Councilman Steinberg inquired if this annexation could be completed in time for the residents of the area to vote in the next Council. election; Mr. Minger did not think this could be done. Councilman Steinberg noted .that the horse --drawn wagon operators are not fulfilling their obligation to clean-up the droppings. Mr. Minger noted that they will be reminded of their obligation. There was a suggestion from the audience that the dog ordinance be more strictly enforced; Mayor Dobson agreed that the staff would be instructed to do so. Mr. Frank inquired if. there were plans to light the bike path;. Mr. Minger replied that there are plans to light the bridges, but that -no decision has been made to go beyond that. Mr. Weibel inquired if these paths would be plowed; Mr. Minger replied that portions of them would be. A member of the audience suggested that enforcement of the rioquirement for lights on bicycles be increased; Mr. Wall noted that this could be done. Mr. Minger reported that Mr: Watt had been appointed to the State Criminal Justice Council. As therewas no further business, Councilman Donovan moved that the meeting adjourn at 10;00 p.m.; Councilman Bailey seconded; approval was unanimous. Town Clerk