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HomeMy WebLinkAbout1973-03-06 Town Council MinutesMINUTES REGULAR MEETING TOWN COUNCI L OF THE TOWN OF VAI L MARCH 61, 1973 40 A regular meeting of the Town Council of the Town of Vail was convened at 7:40 p.m., March 6, 1973, in the Council Room of the Vail Municipal Building. Mayor John A. Dobson and the following Councilmen were present: Richard Bailey John Donovan Joseph Langmaid Josef Staufer Tom Steinberg Gerry White Also present were: Terry Minger, Town Manager Larry Robinson, Town Attorney The meeting was first convened in joint session with the Boards of Directors of the Vail Water, and Sanitation District and the Upper Eagle Valley Sanita- tion District. The following members of the Vail Water and Sanitation District were present: John Dobson Ted Kindel Josef Staufer Gerry White Mr. John Amato, of the Upper Eagle Valley Sanitation District, was also present. Mr. Minger explained that a study of th"ewer-age systems of the area had been undertaken by the Ken R. White Company. Mr. Dasel Hallmark of that company was present to review their Findings. Mr. Hallmark explained that three important variables in such a study are population, infiltration, and the actual amount of sewage. Population can be used to project the amount of sewage which should be generated; if the flow records indicate.that a larger amount is being processed, the difference indicates the amount of infiltration. The elimination of infiltration in effect increases the capacity of the plant to treat actual sewage. The peak flow in 1972 for the combined Vail and Avon plants occurred in June and was 2.2 million gallons. The Vail plant will currently accommodate 750,000 gallons; it is limited by the size of its clarifier.. The Avon plant is currently limited to 800,000 gallons. They have recommended that both plants obtain enough laboratory equipment to properly operate the facilities. In addition, they have suggested that a schedule of operation be established for both plants. For the Avon plant they have recommended that portions of the operation be covered, that a skimming device be added to the clarifier, and that an automatic .re -set be installed on the aerator. In the Vail plant, a measuring device on the return pipe has been suggested as well as a concret wall in one of the tanks. To increase by a larger amount the capacity of the Vail plant, the addition of a clarifier has been suggested. This would bring it to 1.2 million gallons. Mr. Minger indicated that, in addition to this study, an expert in stream health has been retained to study the operation. He also, noted that the District is prepared to add a clarifier this summer. In regard to infiltration, it is pos- sible that some of it was halted through the work done by the UEVSD last summer. This District is prepared. to spend up to $100,000 to further correct the problem. Mr. Minger noted that the EPA is going to study the two plants and suggest steps to be taken for the long-term solution of the problems. It .0 • • may be necessary to install tierttary treatment facilities to meet the 1978, standards. In essence, Mr. Minger felt that any sewer problem which currectly exists in the area can be solved this summer. Mr. Amato expres- sed his opinion that the cooperation between the two districts has improved greatly and that, in the future, a regional approach should be considered. Mr. Ken Richards added that the capacity of the two plants by the end of the forthcoming construction season will be 2 million.gallons and that further expansion will be considered for the 1974-75 season. The 2 million gallon capacity would service a population of 20,000. As there was no further bust- ness, the join meeting was adjourned at 8:30 p.m. A resolution had been prepared setting forth the Counci.l's policy on future design reviews. This resolution was read in full.. Mayor Dobson explained that the intent was to allow time for projects to be reviewed which are planned for the forthcoming construction season but which have not yet been presented to the Council. Projects which are reviewed under this resolution will be basically under the old guidelines. The hearings on the new zoning ordinance will begin.around April 1. After some further discussion, Councilman Donovan moved the resolution be adopted; Councilman Steinberg seconded. Mr. Amato questioned whether the resotution was legal; Mayor Dobson indicated that the Council would be sensitive to these matters. Mr. Robinson added that the reason for passing this resolution was to 'forewarn the developer of a situation, the passing.of a. new ordinance., which would occur without the resolution and which might cause him some expense. In response to the com- ment that there is a practical difficulty of getting working drawings in 30 days, Councilman Bailey suggested that, for all practical purposes, all major projects for the forthcoming season have beens.ubmitted, and, hence, have a longer time. It was noted that most of the projects submitted to date have already been through architectural control. The vote on the previous motion adopting the resolution was unanimous. Next to be considered was a proposed ORDINANCE CREATING THE TOWN OF VAIL RECREATIONAL FUND; PROVIDING FOR THE COLLECTION OF RECREATIONAL FEES AS A CONDITION OF ISSUING BUILDING PERMITS, ALLOWING A CREDIT AGAINST SAID RECREATIONAL FEES; PROVIDING FOR PROCEDURES FOR COLLECTING AND DISBURSING FUNDS; SPECIFY- ING PURPOSES FOR WHICH SUCH FUNDS MAY BE.EXPENDED; AND PROVIDING MATTERS AND DETAILS IN RELATION THERETO. The title of the ordinance was read in full by the Mayor and,.the audience advised that copies were available. The Mayor explained that the feeling of the Council was that the amount of growth proposed presents recreational needs that are not being met by private developers. Mr. Slifer objected that the'fees were too high, particularly in residential districts, and that the citizens should have a voice in how the funds were spent. Councilman Donovan responded that as the ordinance requires that the expenditure of funds be authorized by an ordi- nance, this would necessitate public hearings. Mr. Lapin suggested that rather than saying "the Town Council may determine other appropriate purposes," the wording should be expanded to "other appropriate purposes for expendi- tures in the area of recreational amenities." There was general agreement that this wording should be used. Mr. Lapin also objected to the various categories of assessment; he felt these could create a situation of double taxation. There was not agreement with this idea. Mr. Riley suggested that the Council view this proposal in relation to its effect on the Bighorn annexa- tion proposal. He also objected that.tle credits were not large enough and the fee too high. Another member of the audience suggested that the credit system did not work as an incentive to the developer to build amenities; surely this was the intent of the Council. Mr. Amato concurred that the effect of the fee would be to preclude annexation of outlying areas, yet the people generated by these areas would use the facilities of the Town. He also suggested that the fee should be collected at the time of the occupancy permit, rather than the building permit. An additional suggestion was that construction in'!A" areas should be exempted as most construction in these areas is recreational in character. Mr. Amato also objected that persons who have had their build- ing permits withheld for Design Review would be subject to the fee due to this withholding. Mayor Dobson interjected that each developer has been informed -2- In the Design Review sessions that such a fee is anticipated, Mr. Nott suggested that, as the ordinance is written, it discourages open space; that dedicated land should be given a credit. Mr. Parker inquired how much money would be derived from the fee. Mr. Minger stated that over the next 3 or 4 years, it would be $700,000 to $800,000. Mayor Dobson added that in the 18 to 20 million dollars worth of plans that they have viewed, with the exception of one project, no amenities have been provided. In further discussion, Councilman Steinberg suggested that an alternative means of obtaining revenue would be to impose a use tax. He also sug- . gested that the inequity of old property owners in newly annexed areas avoid- ing the fee would be eliminated if the County would extend the same policy to areas under their jurisdiction. In regard to the credit system, Mr. Minger suggested that developer -built amenities can never replace public ones, hence, no one should be totally exempt from a contribution to the fund. Mr. Nott suggested that, as a land developer, amenities provided by this actor, are included within the land cost; hence, -there should be a credit for the incremental cost of recreational amenities provided by the land developer. Mr. Hibberd suggested that the fee should be on a graduated scale; low this year and gradually increasing. His further suggestions were: 1. that land designated as public parks should be given credit; 2, that the Town Council should not decide what recreational amenities are given credit; 3. that the monies raised should also be available for transportation. An additional ,suggestion from the floor was that floor area is not adequately defined. Mayor Dobson suggested that it would not be possible to reach a decision at this meeting. He added that any suggestions or comments are welcome and should be in writing. Ordinance No. 3, AN ORDINANCE PROHIBITING PARKING UPON OR WITHIN PRIVATE PARKING LOTS OR PRIVATE PROPERTY WITHOUT THE OO NSENT OF THE OM ER THEREOF OR PERSON IN POSSESSION OR CONTROL OF SAID PRIVATE PARKING LOT OR PROPERTY; IMPOSING CERTAIN REQUIRE--. MENTS UPON THE OWNER OR PERSON IN POSSESSION OR CONTROL OF PRIVATE PARKING LOTS OR PROPERTY; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; AND SETTING FORTH MATTERS AND DETAILS ,IN RELATION THERETO was introduced by Councilman Staufer: The title was react in full by Mayor Dobson and the audience advised that copies were avail- able. Mr. Kindel, as a member of the committee which had recorhmended the ordinance, emphasized that it is important for the private property owner to realize his obligations under the ordinance. The Mayor polled the Council as to whether they had read and understood the ordinance; Councilmen White, Langmaid, Staufer, Bailey, Donovan and Steinberg each indicated that he had. Councilman White moved that. Ordinance No..3 be, pproved ors. first reading and be published for public hearing at the next regular meeting. Councilman Bailey seconded the motion. Councilmen Bailey, Donovan, Staufer, Langmaid, Steinberg, White and Dobson voted in favor of the motion. The Mayor indicated that the motion carried and instructed the Town Clerk to publish Ordinance No. 3. Ordinance No. 4, AN ORDINANCE PROHIBITING THE ACCUMULATION OF REFUSE, GARBAGE, RUBBISH AND RUBBLE; REQUIRING CONTAINERS FOR THE STORAGE OF REFUSE, PROVIDING PROCEDURES FOR REQUIR- ING COMPLIANCE; PROVIDING PENALTIES FOR VIOLATIONS THEREOF; AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO, was introduced by Councilman Steinberg. The title was read in full by Mayor Dobson and the audience advised that copies were available. Mr. Minger explained that the current ordinance poses problems in terms of its enforce- ment by the Health Officer. Some suggested changes were: 1. that the term ""employee" be stricken from Sections 2 and 3; 2. that the term "alley" be clarified to mean "public alley;" 3. that the prohibition from placing refuse in public streets be clarified -to except litter receptacles; 4. that the duty to provide containers be expanded to the duty to provide or have available. . There was a suggestion for first, second and third warnings; however, this was not found to be acceptable. Rather, the person is given a notice and a reasonable amount of time to correct the situation. Mr. Lapin of the Eagle Valley Trash Service indicated that he sees no problems with the ordinance. The Council was polled as to whether -they had read and understood the ordinance; each indicated that he had. Councilman Donovan moved that Ordinance No. 4 be approved on first reading and be published for public hearing at the next -3- • regular meeting; Councilman Bailey seconded; Councilmen Bailey, Donovan, Langmaid, StauFer, Steinberg, White and Dobson voted in favor. The. Mayor indicated that the motion carried and instructed the Town Clerk to publish same. Mr. Minger explained that the concept of locally originated TV programming is to provide a means to communicate issues, events, meetings, etc. It is hoped that a public access channel can be gained from the cable television company. A volunteer group is currently working on a series of half hour programs. The first of these programs will be aired as "Sunday Surprise," at 5 p. m. on Channel 6 on March 11 . Mr. Minger pointed out that the attempt is being made to minimize undue political influence on the program- ming; hence, the group will function under the directorship of •the Vail Institute. The group will present a list of their equipment needs in the near future. The minutes of the meetings of February 9 and February 20 had been previously submitted to the Council. Councilman Langmaid moved they be accepted; Councilman White seconded; approval was unanimous. In order to proceed with plans for the parking structure and transportation terminal, it was necessary to sign a contract for architectural services with Mr. Ream. There was some discussion of the terms of the contract; Councilman Bailey indicated that he found them reasonable. Councilman White moved that the signing of the contract with Mr. Ream be approved; Councilman Donovan seconded; approval was unanimous. In response to a question regarding the uses to be included in the parking structure, Mr. Minger noted that March 28 there is going to be a public unveiling of the conceptual plans for the facility. Prior to this date, the plans will be on display, along with the Ginkelvan, in the plaza north of the Covered Bridge. Following the March 28 gathering, there will also be public hearings. Mayor Dobson suggested that in regard to the concepts to be included in the prelimin- ary plans, the planning commission, the study committee, and the planners who have been hired have been consulted. Also, there has been much formal and informal discussion in the community of a parking structure. A count of the informal ballots submitted in order to select a new member to the Planning Commission From the list of applicants indicated that Hans Weibel had been elected to the Planning Commission. Mr. Minger acknowledged receipt of a letter from the Leavell Development Company, offering a counter proposal for the purchase of the property com- monly known as the Antholz property. This topic will be discussed in more detail at the next meeting. In response to a question regarding the trash franchise, Mr. Minger suggested that it is necessary for the Council to determine priorities in these matters. Mr. Elias suggested that the Cable TV franchise should be considered first. Mayor Dobson reminded the Council that there would be a meeting at 10:00 a.m. on Wednesday, March 7. As there was no further business, Councilman Donovan moved the meeting adjourn at 11:25 p.m.; approval was unanimous. Town Clerk Q�