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HomeMy WebLinkAbout1973-10-02 Town Council Minutesri MINUTES REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAIL OCTOBER 2, 1973 A regular, meeting of the Town Council of the Town of Vail was convened at 7:45 p, m. , October 2, 1973, in the Counci t. Room of the Val l Municipa I Building. Mayor John Dobson and the following Councilmen were present: Joseph Langmaid Josef Staufer Gerry White A [so present were: Terry Minger, Town Manager Larry Robinson, Town Attorney Bob Backus, Bond Attorney Councilman White introduced and Councilman Staufer moved the approval on first reading of Ordinance No. 19, 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 $3,000,000 FOR THE PURPOSE OF PAYING, IN WHOLE OR IN PART, THE COST OF ACQUIRING APPROXIMATELY 39 ACRES OF REAL ESTATE, THE COST OF ACQUIRING NECESSARY EASEMENTS AND WATER AND SEWER LINES TO AND FROM SAID REAL ESTATE, AND THE COST OF LANDSCAPING THE SAME; 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 A.ND THE INTEREST THEREON, which was read in full by Mr. Backus. Councilman Langmaid seconded the motion, and the question being upon the approval on first reading of said Ordinance, the roll was called and Councilmen Langmatd, Staufer, White and Dobson voted in favor, there were no votes against. Four. members of the CounctI present having voted in favor of the.approval on first reading of the Ordinance, the presiding officer thereupon declared the Ordinance duty approved on first reading and directed that the Ordinance be published once in full in the Vail Trail, a legal newspaper of general circulation within the Town of Vail, on October 5, 1973, and that a hearing on the ordinance be held at the next regular, meeting. Ordinance No. 17, AN ORDINANCE RATIFYING AND APPROVING A SETTLE- MENT IN CIVIL ACTION. NO. 1958 IN THE DISTRICT COURT IN AND FOR THE COUNTY OF EAGLE, S7rATE OF CO_LORADO, RELATING TO THE CONDEM- NATION AND ACQUISITION OF CERTAIN REA L ESTATE WITHIN THE TOWN OF VAIL; AUTHORIZING THE EXPENDITURE OF FUNDS UPON CERTAIN CONDITIONS AND THE DISBURSEMENT OF SAID FUNDS IN EXCHANGE FOR A CONVEYANCE OF REAL ESTATE; AND. SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO, was introduced for second reading: The title was read in full. by the Mayor and the. audience advised that copies of the ordinance were available., Mr. Robinso,6 noted that no changes had been made in the ordinance following the first reading. Councilman Staufer moved that Ordinance Not 17 be adopted, Councilmen. -White seconded; Councilmen . Langmaid, Staffer, White and Dobson voted, in favor, there were no votes against; the motion carried and the ordi nance was,adopted. Ordinance No. 18, AN ORDINANCE. PROHIBITING CERTAIN ACTS, INCLUDING DISTURBING THE PEACE, UNLAWFUL ASSEMBLY.AND RIOTING; PROVID- ING FOR PENALTIES FOR VIOLATION OF THIS ORDINANCE; AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO, was introduced for first reading by Councilman White. The title was read in. full by the Mayor and the audience advised that copies were available. Mr. Robinson noted -that this ordinance was prepared at the request of Chief. Wall and that a similar provision had been inadvertently omitted when the. codification of ordinances was prepared. Mr. Wall explained that, although such offenses are -covered by state laws, the Town would rather handle such .problems in the local court. This is not possible without a local ordinance. Councilman White moved that Ordinance No. 18 be approved on First reading.and published for public hearing at the next regular meeting; Councilman Langmaid seconded, Councilmen Langmaid, Staufer, 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. Ordinance No. 20, A SUPPLEMENTAL ORDINANCE AUTHORIZING THE EXPENDITURE OF FUNDS BY THE TOWN OF VAI L 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. Minger explained that this ordinance appropriates the $15000 authorized at the fast meeting for improvements on the A -frame.: The Mayor, . noted that sketches of the proposed improvements and additions are available. for public inspection. The building will be administered by the town and used by the public for cultural activities. Ms. Boyd inquired if the number of cars in the area would be increased by the expansion. Mr. Minger replied that. it is not the town's intention to provide a great deal of parking in the area. Councilman White moved that Ordinance No. 20 be approved on First reading and published for public hearing at.the. next regular meeting; Councilman, Langmaid seconded; Councilmen Langmaid, Staufer, 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. Mr. Robinson noted that a draft agreement with Vail Associates regarding the deeding of the main parking lot had been prepared.. Mr. Otto noted that he had thought the uses would be limited to parking. Mr. Minger suggested. that it was the desire of the town not to be limited in regard to unforeseen uses. Mr. Otto agreed this was acceptable. [At this juncture, Mr. Robinson left the meeting-1 Councilman Staufer stated that the, provision for Forest Service approval of rates was bothersome to him;. he was most concerned that they would decide that no charges could be made. Mr. Minger notedthat there is on File a letter from the Forest Service indicating that they find` charging for parking proper. Councilman Langmaid added that it would be difficult to prove that "free" is necessarily reasonable. Mayor Dobson sug-, gested that it was still a good idea to obtain a firm commitment from the . Forest Service. The matter was tabled pending further discussions. Next to be discussed were the parking requirements for changes of use within the core area. The Mayor explained that, obviously, the Council does not want parking to be provided in the pedestrian core, yet, there is a requirement for the provision of parking prior to a change of use. In the case of the Riley -- Vail corporation request, there is: no increase in the bulk of the building; however, the new use has a greater parking requirement. Mr. McLaughlin noted that there are two comparable situations that they hoped would be decided at this meeting, the Gondola.Ski .Shop and the 'Mountain Haus Health Center. Councilman White noted that he was not in favor of doing away with.the parking requirement as it is the only, control the Council has, ri urban development in the core area. He was against selling spaces in the parking structure, and suggested that variances could be .given in cases where the outside dimensions of the building did not change. .In,further.discussion', it was brought out that neither project being discussed • had formally filed for a variance. Councilman Staufer agreed that a parking variance should be granted except in cases where the exterior dimensions or appearance of a building would be changed. Mayor Dobson suggested that it would be acceptable if the Design Review Board con- sidered and approved any exterior decorative changes. Discussion turned to the technicalities of filing for a variance. The earliest date that tFese could be heard at a regular meeting would be November 6. It was proposed that perhaps a special meeting be called following the required publication of notice. A member of the audience objected to the change of residences to commercial uses. There was some argument that, in fact, no greater number of cars to • be housed are generated by commercial uses. Mayor Dobson noted that the possibility of action under the Mall Act and the definition of the rights to the streets are also connected with this problem. Page 2 Mr. Minger reported that a solution'has been -found to the day care center problem, at least for the coming winter. The di?ea above the hospital in the west portion of the clinic will be available for one. year, after the school moves to its new facilities. Mr. Bernstein. noted that the remodeling neces- sary to utilize the building would cost the Town $1,000 and Vail Associates $1,000, The construction would include partitions and restrooms. There would be two separate areas; one for tourists and one for local children. Mr. Gagne added that the Vail Associates' program would be available to locals; however, it would not be a structured program. .It is anticipated that the Vail Associates' program waald again accommodate 30 children. The other half of the space would be shared by the pre-schools of Ms. Brenden and Ms. Lemon. Mr. Minger noted that the individual people will be respon- sible for their portions; the Town will provide the adequate and proper, space. Some of the people present were of the opinion that the Town should actually, operate the school. Mr. Minger stated that the Town could do this, if the Council so desired. There was some discussion of whether the two pre-- schools should be encouragedto operate jointly. A suggestion was to separate the 2500 square Peet available to the Town into two rooms.. The cost in this case would increase.to $4,000 or $5,000 for the Town. Mr. Minger suggested that this was not wise as the room could only be used for 1 year. Mr. Klug suggested that Vail Associates should add more restrooms to their portion in order to increase the capacity of their facility. Mr. Bernstein noted that the rent for the Town's portion of the space will be $100 per month from each school; the schools are responsible for their own utilities.. Mr. Klug suggested that it was not the correct approach to only rent the space. He suggested that the Town oversee the operation. Mr. Minger noted that this could be done, although he preferred that the Town not become involved in day=care at this time. The Mayor, suggested that a committee of local parents appointed by m the staff serve as an advisory committee. He asked each ember of the Council if he approved of renting 2500 square .feet to Ms. Lemon and Ms. . Brenden for $200 per month from November '.1;5 to Apri 1 15 for use as a day- care center for local children. Councilmen: White, L.angmaid and Staufer each indicated his approval. Ms. Bosshart and Ms. King were present to discuss their proposed sleigh operation: The sleighs they would use would seat four people and be drawn by one horse. The horses would be housed west of Vail. They would take reservations for rides and also operate in a`taxi-cab fashion. Chief Wail noted that a license would be needed only if the sleighs were used in CCI and CCII. Mr. Minger noted, that, in any event, the Council should regulate the safety aspects of the operation. Ms. King noted that they will cleanup any mess themselves. They intend to. operate around the core area and also on . the cart paths on the golf course. They also have two carriages to be used when there is no snow on the roads. The charge would be $4.00 to $4.50 per half hour. For short rides, there might be a base rate which has not yet been determined. In regard to lighting, Ms. King indicated that they are willing to do whatever is required. They both have experience in driving sleighs and will obtain insurance. Mayor Dobson.asked.if, assuming that access is limited to certain streets and that safety requirements are met, the Council would be in favor of the operation. Councilmen White, Langmaid and Staufer each indicated that he would be in favor. Mr. Minger indicated that an agree- ment would be prepared regarding the matter. Mr. Rose indicated that the proposed zoning for the Bighorn area is at such a stage that it should be presented to the Council and the public, A. public meeting was set for a week from Thursday. A study session will be held prior to that meeting. Mrs. Klug stated that many :of the projects In Lionshead do not have construction fences. Mr. Rose noted that the`bu ldirhg inspector will look into that. Mrs. Klug inquired about the desirability of the Eagle County Planning' Commission adopting the zoning `ordinance .and master plan at their, next meet- ing. Mr. Minger noted that the Town has already endorsed the master plan, • Mr. Rose noted that the zoning ord.ihance. is more a land -use plan which is needed immediately. Councilman. White moved that a resolution be adopted supporting the passage of the Master Plan and zoning ordinance; Councilman Page 3 Langmatd seconded; approval was unanimous. Councilman White noted that the Council should have a meeting with the Eagle County School Board to discuss an elementary school on the Antholz property. Mayor Dobson indicated that this would be scheduled. As there was no further business, Councilman White moved that the Meeting adjourn at 10:30 P.M.; Councilman L.angmaid seconded; approval was unanimous. Town Clerk • • • Page 4