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
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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
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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
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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
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