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HomeMy WebLinkAbout1973-03-20 Town Council MinutesAGENDA REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAIL MARCH 20, 1973 I. Second reading or Ordinance No. 3 regarding unauthorized parking on private property. 2. Second reading or Ordinance No. 4 regarding the accumulation of refuse. 3. Consideration of an Ordinance creating the Town of Vail Recreational Fund. 4. Consideration of an ordinance authorizing the Initiation of condemnation proceedings for the acquisition of certain property within the Town of Vail. 5. Consideration of an ordinance adopting and enacting by reference a codification of existing ordinances of the Town. 6. Discussion of allocation of "Donations to Organizations;" specifically, the requests of the Colorado Rivers Council and the Vail Resort Association. • 0 Filed in tl;c Dis},ict coot Fifth Judicial District, in and for Eagle County, j Colo ,/.This.-�...c�ay of ... L .19T IN THE DISTRICT COURT IN AND FOR Clerk of the District Court 0 COUNTY OF EAGLE AND STATE OF COLORADO Civil Action No. 1856 8y.......-:_____._..._.._.............Deputy • R MANOR VAIL CONDOMINIUM ) ASSOCIATION, et al., ) Plaintiffs, ) VS. ) JUDGMENT THE TOWN OF VAIL, COLORADO, ) et al. ) Defendants. ) This matter comes on for determination by the Court upon briefs heretofore submitted by the plaintiff and the defend- ant, together with their oral arguments, on defendants' motion for summary judgment and motion to dismiss. The Court, having been informed:in the premises, finds i that the motion for summary judgment against the first, second and fourth claims for relief have been confessed by the plaintiff, and it is therefore ordered by the Court that, as to those claims for relief, the motion for summary judgment is granted, and, as to those claims for relief, the Complaint is dismissed, with prejudice. As to the third claim for relief, the Court grants the motion of the plaintiff to dismiss, and it is ordered that, as to the third claim for relief, the Complaint is dismissed, without prejudice. . .. ....... The plaintiff is given thirty days to amend his Complaint i as to the third claim for relief. Done in c:amoers at Eagle, Colorado, this 1st day of March,,1973, A.D. B Y Cu Judge _ -2 - f 0 MINUTES SPECIAL MEETING TOWN COUNCIL OF THE TOWN OF VAIL MARCH 20, 1973 A special meeting of the Town Council of.the Town of Vail was -convened. at 2:15 p.m., March 20, 1973, in the Councll.Chambers of the Vail_ Municipal Building. Mayor John A. Dobson and the following Councilmen were present: Dick Bailey John Donovan Tom Steinberg Gerry White Also present were: Kent Rose;- Town Engineer Jim Lamont - Administrative Assistant Diana Toughill - Zoning Administrator Dave Sage - Planning Commission First on the agenda was the proposed addition to:the Slifer & Company building on Bridge Street. Mr. Rod Slifer presented a model to the Council. Mr. Slifer has two specific problems, on.setbacks and parking. Since the new zoning ordinance contemplates zero setbacks in the Commercial Core area it would seem a variance .will be granted. Mr. Slifer has agreed to.meet with the Staff to work out an agreement on purchasing or .leasing parking spaces in the future Transportation Center. A motion was made by Mr. White to approve the project subject to the setback variance and a parking agreement. The motion was seconded by Mr. Steinberg and approved unanimously by the Council with Mr. Bailey abstaining. The Red Lion addition which was presented at the, March 16 meeting was again discussed. Mr. Brudick has the same constraints as Mr. Slifer has on his addition and it was suggested it could be approved the same way as the Slifer addition. A motion was made for approval of the project subject to setback variance and a parking agreement. The motion was seconded by Mr. Bailey and approved unanimously. by the Council. Snowb i rd Condomi n.i ums were again, presented by ,Mr.z Hoffmann for f i na I approval. A meeting has been he',ld,with staff .pd.the major problems for this project have been resolved. The Counc'if'accepted the staff recommendations with one change in Item 3. Dr. Steinberg suggested that a deadline be g I ven ;on'the temporary park.i ng;, on. site in the event that a second phase is not constructed. It was agreed that if phase 2 is not constructed by the 1974 building selson, the temporary on -site parking will be surfaced and made permanent. A motion was made by Mr. White for approval of Snowbird Condominium subject to the staff recommendations with the above change. Mr. Bailey seconded the motion and it was approved unanimously by the Council.. Snowbird Lodge which was disapproved at the March 7, 1973.meeting was again presented with changes as recommended. Kent Rose met with Mr. Hoffmann prior to.the meeting and the following items were resolved: 1. Vail Associates will present a letter to the Town of Vail stating that Tract C will be dedicated as public land The Council felt that we must have the letter so that we may have strict control over Tract C in the future in the event covenants are changed. 2. Mr. Hoffmann must submit a letter to the Town stating that the area shown as on -site parking will be landscaped in lieu of the parking and that he will return the area to parking if the Council determines it is necessary at any time. in the future. 3. Mr. Hoffmann must also submit a letter to the Town stating that he will be responsible for any.dama.ge to the deck ih the event.i.t is damaged in conjunction with repair of utilities in the easement under the deck and that he will pay additional cost of special equip- ment required to repair utilities due to the location of the deck. 4, Fran Bush must submit a letter to th.e Council stat.ing that the deck does not pose a detriment to fire fighting in the area. The Council will reconsider the project when all of the.above conditions have been met. 5 March 20, 1973 Page 2 0 0 Vantage Point Phase 11 was presented to the Council for final approval by Mr. Dana Rickll, Architect for. the project. The only problem on this project is possible fire access to the mall area and the south side of the building. The staff was requested to meetiwith the Fire Chief to study this problem and ascertain if the Chief will approve . this project. A motion was made by Mr. White that Vantage Point Il be approved subject to the Fire Chief's recommendations and a meeting with the staff to study the fire problem. The motion was seconded by Mr. Bailey and approved unanimously. A letter has been submitted by the Fire Chief giving approval of the Fire Access Plan. The Architect must also submit a landscape plan for approval.. Landmark at Lionshead was presented by the architect, Mr. Dana Rickli,. for final approval. The Council suggested that the same procedure be followed with regard to fire access tothis project and to those adjacent to the proposed project. Staff recommended that a parking variance for eight cars be granted and landscaping be substituted for those spaces near the mall area. The owner will agree to reinstate the parking at any time the Council feels there is a:need for more parking spaces. A landscaping.plan must.also be submitted for approval, A motion was made by Mr. Bailey to approve the ,p.ro'je•ct subject to the above. The motion was.seconded.by Dr. Stein'be,rg. anal approved.unani.mously. As there was no further business, the meeting adjourned at 5:35 p.m. dt .Town Clerk i MINUTES REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAIL MARCH 20, 1973 • A regular meeting of the Town Council of the Town of Vail was convened at 7:40 p.m., March 20, 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 Larry Robinson, Town Attorney, was also present. Ordinance No. 3 (Series of 1973) AN ORDINANCE PROHIBITING PARKING UPON OR WITHIN PRIVATE PARKING LOTS OR PRIVATE PROPERTY WITHOUT THE CONSENT OF THE OWNER THEREOF OR PERSON IN POSSESSION OR CONTROL OF SAID PRIVATE PARKING LOT OR PROPERTY; IMPOSING CERTAIN REQUIREMENTS 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 for second reading. The title was read in full by the Mayor and the audience advised that copies were available. The Council was polled as to whether they had read and understood the ordinance; each indicated that he had. A member of the audience inquired why the Chief of Police had the duty of determining size, shape, etc. of the signs. The Mayor responded that this was because regulatory signs are not in the jurisdiction of the sign review board. How- ever, this board will be consulted for its opinion. Councilman Donovan moved Ordinance No. 3 be adopted; Councilman Staufer seconded; Council- men Bailey, Donovan, Langmaid, Staufer, Steinberg, White and Dobson voted in favor of the motion, the motion carried. Ordinance No. 4 (Series of 1973) AN ORDINANCE PROHIBITING THE ACCUMULATION OF REFUSE., GARBAGE, RUBBISH AND RUBBLE; REQUIRING CONTAINERS FOR THE STORAGE OF REFUSE; PROVIDING. PROCEDURES FOR REQUIRING COMPLIANCE; PROVIDING PENALTIES FOR VIOLATIONS THEREOF; 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 were available. Mr. Robinson noted that the only changes from the first reading were a few wording changes. 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 adopted as amended Councilman Steinberg seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, Steinberg, White and Dobson voted in favor; the motion carried. Ordinance No. 5 (Series of 1973) AN ORDINANCE CREATING THE TOWN OF VAIL RECREATIONAL FUND; PROVIDING FOR THE COLLECTION OF RECREATIONAL FEES AS A CONDITION OF ISSUING BUILDING PERMITS; PROVIDING FOR PROCEDURES FOR COLLECTING AND DISBURSING FUNDS; SPECIFYING PURPOSES FOR WHICH SUCH FUNDS MAY BE EXPENDED•, AND PROVIDING MATTERS AND DETAILS IN RELATION THERETO was introduced by Councilman Staufer. The title was read in full by the Mayor and the audience advised that copies were avaitable. A member of the audience suggested that the council should look more closely at the types of developments the ordinance would encourage; he felt that small developments should pay less than large ones. The Mayor noted that the ordinance establishes categories on the basis of zone areas and that density tends to follow the zoning. Another member of the audience inquired what the amount of money obtained is projected to be and over what period of time this money would be spent. Mayor Dobson indicated that the amount would depend on the amount and type of construction. Also, that the monies would be spent as quickly as agreement could be reached on specific projects. In regard to the payment problem of lodges, the Mayor indicated that the Council is aware of that potential problem and, if it should materialize, the ordinance can be amended to provide a different method of payment. The question was asked why the money could not be raised through a bond issue, thus taxing everyone and not just the newcomers. The basic reason is that people who have been here over a number of years have paid taxes to build the current facilities; the newcomer is, in effect, buying into a going company. Even though the long-time resident has had the use of the facilities over the years, the general feeling was that the argument of paying a higher price for a going concern would still hold. It was suggested that presenting this ordinance as an emergency ordinance violates the spirit of the Home Rule Charter. Mr. Robinson disagreed, stating that as the proposed ordinance was discussed at the .meeting two weeks prior and as notice was given: prior to that meeting, the public has had advance notice of the intention`. An additional question from the audience was why the credit provision had been removed. Mayor Dobson indicated • that as any credit system would become rather complicated and as the types of amenities needed could not be built by individuals,the credit system had been eliminated after the fees were reduced. At this point, Mayor Dobson explained why the question of a major bond issue was not being presented at this meeting. Although the intent had been to proceed as quickly as possible, after discussion with the bond attorney, fiscal agent, and architect, it was decided that the time frame originally preferred was too short. Hence, the collection of data will continue and the bond election will be held during the summer, to include the transportation center, tiered parking structure and purchase or condemnation of the Antholz property. Further discussion centered on the real cost of the fee in terms of front money for a project. A member of the audience suggested that considera- tion of this factor showed that the real question is when the fee is to be paid. Discussion also returned to the question of whether it was fair for only the new developers to pay the fee. Legally, it is probably impossible to assess completed projects. A member of the audience suggested that shops and office buildings should not be assessed. Mayor Dobson responded that these areas generate people through their, employees. It was suggested that these people are already covered because their living areas are assessed. There was general disagreement with this suggestion as many employees live out- side of the town. A further point of discussion was why there was not included a transfer fee as the new owners would be new people in the community. Councilman Staufer explained that the concern is with the demand generated by a facility; that the exact people involved is not the concern. I,t was sug- gested that the fee makes housing in Vail for employees more prohibitive than ever. Mayor Dobson suggested that the new revised fee schedule is not oppressive to this housing segment. In regard to the penalty for failure to pay the fee, the developer will not receive an occupancy permit. There are penalties in the building code for attempting to occupy a building without a permit. It was emphasized that disbursements from the fund will require a public hearing, as do all budgetary matters. As there was no further discussion, 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. 5 be adopted as an emergency ordinance, effective immediately; Councilman Staufer seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, Steinberg, White and Dobson voted in favor; 0 the motion carried and the emergency ordinance was adopted. Ordinance No. 6 (Series of 1973) AN ORDINANCE AUTHORIZING THE CONDEMNATION OF CERTAIN REAL ESTATE LOCATED WITHIN THE -2- • • • TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO; DESCRIBING THE REAL ESTATE TO BE ACQUIRED BY EMINENT DOMAIN AND CONDEMNATION PROCEEDINGS; AUTHORIZING THE TOWN ATTORNEY AND SPECIAL LEGAL COUNSEL TO INSTITUTE LEGAL PROCEEDINGS FOR THE CONDEMNATION OF THE SUBJECT PROPERTY; SETTING FORTH PUBLIC AND MUNICIPAL PURPOSES AND USES FOR THE REAL, ESTATE TO BE CONDEMNED; AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO was introduced by Councilman Steinberg. The title was read in full by the Mayor and the audience advised that copies were available. Mr. Gersbach disagreed that this was the only land avail- able; he also suggested that there still remained room for further negotia- tions. He questioned the legal description contained in the ordinance. Mr. Robinson noted that if this was more inclusive than desired, it would be amended before second reading. Mr. Gersbach was of the opinion that trad- ing of condemned laid was not possible. Mr. Robinson suggested that substi- tute condemnation is a legitimate enterprise. Mr. Gersbach gave a brief history of the property, its owners and the negotia- tions to date; It is owned by a joint venture composed of the Leavell Develop- ment Company, a subsidiary of Rio Grande Industries, and the Manor Vail Co. , a limited partnership managed by Manor Vai I Corp. The purchase price in 1969 was $1,250,000; they have had $700,000 in costs since then. In June, 1972, the joint venture offered to sell the Town 10 acres on the frontage road for $1 .5 million or the entire area for 3.5 million. This offer was declined. In August, 1972, the joint venture offered to sell the town 10.8 acres for $900,000 and to sell Vail Associates 40,000 square feet plus parking for $100,000. This offer was declined. The Town then offered the joint venture $1 .8 million for the entire parcel; this offer was declined. In early January, 1973, the Town offered Leavell-Manor Vail $2.4 million for the entire parcel, following the results of the appraisals it had commissioned. This offer was declined and a counter-offer made. A map demonstrating this counter-offer, was explained. A portion of the area was to be sold to the town for $2.5 million. The Town declined this offer on March 15, and terminated negotiations. Mr. Gersbach expressed his opinion that the Town was unwise to go to condemnation as the price in this case is open-ended and the process takes a great deal of time. He also indicated that he thought the Leaved - Manor Vail offer was a good one, giving the Town 79% of the land and the company retaining 21% for development. Mr. Gersbach also suggested that the town negotiate for land more evenly distributed throughout the community. Mayor Dobson noted that the last counter-offer had contained some additional items. Mr. Gersbach noted that they had asked that the areas they propose to retain be zoned to a higher density and that the Town of Vail share the costs of building the bridge. It was noted that the portion of the property owned by Mr. Miller was not included as development has already begun on this property. Councilman Langmaid pointed out that the 21 /a of the property they would like to retain is the only really buildable land in the parcel. He also asked that, if the joint venture has additional appraisals, they show them to the Town. Mr. Gersbach indicated that their highest appraisal is $3.6 million and that they have four appraisals that are higher than those obtained by the Town. Mr. Robinson noted that, after condemnation is filed, the Town will be willing to continue negotiations. Councilman White set forth some of the reasons the Town would like the property: 1 . it would slow down growth in the core area; 2, the Master Plan will call for some amenities for which the Town currently has no land and which must be accessible to the core; 3. it would provide a large open space park for the central area of town. In his opinion, there was no other land available which would meet the needs of the Town. Mr. Gersbach indicated that he had not been aware that negotiation could be continued after condemnation was filed. As there was .no further discussion, the Council was polled as to whether they had read and understood the ordinance; each indicated that he had. Councilman Staufer moved that Ordinance No. 6 be approved on first reading and published for public hearing; Councilman White seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, Steinberg, White and Dobson voted in favor; the motion carried and the town clerk was instructed to publish the ordinance. • • Ordinance No. 7 (Series of 1973) AN ORDINANCE OF THE TOWN OF VAIL, ADOPTING AND ENACTING BY REFERENCE A CODIFICATION OF EXISTING ORDINANCES OF THE TOWN OF A GENERAL AND PERMANENT NATURE ENTITLED THE OFFICIAL CODE OF THE TOWN OF VAIL, . . . was introduced by Councilman Langmaid. The title was read in full by the Mayor and the audience advised that copies were available. The Council was polled as to whether they had read and understood; each indicated that he had. Councilman Bailey moved that Ordinance No. 7 be approved on first reading and published for public hearing; Councilman White seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, Steinberg, White and Dobson voted in favor; the motion carried and the town clerk was instructed to publish Ordinance No. 7. In regard to the a Vocation of "Donations to Organizations," it was suggested that a meeting be set up among the VRA, the Colorado Rivers Council and the Town Council to decide the question. The approval of the voucher lists for January and February was -deferred until the next meeting. In regard to the suit brought by the Manor. Vail Condominium Association et at against the Town, Mr. Robinson reported that the court had granted summary judg- ment in favor of-Ahe Town on three of the four claims for relief. Mr. Lapin requested that the question of granting a franchise to Eagle County Trash Service be put on the agenda. Mayor Dobson indicated that it would be placed on the agenda for the next. meeting. As there was no further business, Councilman Donovan moved the meeting adjourn at 9:45 p.m.; Councilman Battey seconded; approval was unanimous. Town Clerk -4-