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.
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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
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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
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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.
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The plaintiff is given thirty days to amend his Complaint
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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 _
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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.
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March 20, 1973
Page 2
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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.
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.Town Clerk
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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
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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.
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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
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