HomeMy WebLinkAbout1974-11-05 Town Council Minutes0
b o x i o o • Vail, C o l o r a d o s 1 6 5 7 • 3 0 3 • 4 7 6- 5 6 1 3
MEMO
TO: TERRELL J. MINGER
FROM: STAN BERNSTEIN
RE: NEED FOR SUPPLEMENTAL APPROPRIATION AMMENDING
OPEN SPACE / CAPITAL IMPROVEMENT FUND; RECREATION
AMENITIES FEE FUND; VAIL TRANSPORTATION CENTER
CONSTRUCTION FUND
DATE: OCTOBER 31, 1974
1. Open Space/Capital Improvements Fund
An additional appropriation will be necessary in the
amount of $120,000 to acquire site 24 from Vail
Associates. Revenues are available.
2. Recreation Amenities Fee Fund
An appropriation of $15,000 to construct a bridge
linking Vail Village to the Antholtz property - Revenues
are available.
3. Vail Transportation Center Construction Fund
An additional appropriation appropriating the $120,000
premium from the sale of the Transportation Center bonds.
The premium will be used to pay a portion of the interest
on the bonds due December 1, 1974.
c;.c. Gene Smith, Town Attorney
Bill Pyka, Controller
SFB/cs
b o x 1 0 0 • V 8 1I , co I o i 8 d o 8 1 6 5 7 • 3 0 3- 4 7 6- 5 6 1 3
MEMO
TO: TERRELL J. MINGER
FROM: STAN BERNSTEIN
RE: NEED FOR FINAL SUPPLEMENTAL APPROPRIATION
ORDINANCE AMMENDING THE 1974 TOWN OF VAIL
GENERAL FUND BUDGET.
DATE: OCTOBER 31, 1974
•
The following expenditures have been or will be made during 1974.
These items
havei$Keen formally appropriated but many of these
expenditures
have been approved by the Council.
$2,000
Additional expenditure for Nature Center-$2,000
in non -budgeted Nature Center revenues offset
this expenditure
2,500
Printing of Zoning Ordinance/Sign Ordinance
1,000
1973 Travel and Expenditure Audit Fees
2,000
Legal Fees- Mall Plan Research
3,000
Misc. Administrative averages - Xerox; Telephone;
Computer Services
560
Settlement of claim RE: to People Powered Vehicles
2,000
Additional Plan Check/Electrical Inspection fees -
$2,000 in non -budgeted inspection fee revenues offset
this expenditure.
9,500
Street Cut Repairs - offset by $35,000 in Street Cut
Permit Revenues
20,000
Additional Heavy Equipment Rentals - due to heavy snow
removal last winter; additional street cut repairs;
annexation of Bighorn - additional expenditures on
General Fund are revenues to Heavy Equipment Fund to
hire an additional mechanic and to'purchase additional
equipment.
3,000
Acquisition of additional library books - offset by
$3,000 State Grant
2,000
Construction of additional counter space for library
Page 2
2,000 Survey of Core Area RE: to public vs private
• 5,000 Installation of Traffic Control Gate to control
traffic on new street adjacent to Clinic
20,000 Contingency - probably will not be needed!
$74,560 Total amount of Supplemental Appropriation
Ordinance
General Fund Revenues are available to cover these expenditures and
still enable the General Fund to retain a healthy fund balance at
December 31, 1974.
c.c. Gene Smith; Town Attorney
• Bill Pyka; Controller
E
SFB/cs
0 MINUTES
REGULAR MEETING
TOWN COUNCIL OF THE TOWN OF VAIL
NOVEMBER 5, 1974
A regular meeting of the Town Council of the Town of Vail, Colorado,
convened at 7:45 P.M. on Tuesday, November 5, 1974, in the Council
Room of the Vail Municipal Building:
Mayor John Dobson and the following councilmembers were present:
Josef Staufer
Joseph Langmaid
John Donovan
Tom Steinberg
Ordinance No. 22, Series of 1974, MAKING SUPPLEMENTAL APPROPRIATIONS
FROM THE 1974 BUDGET, was introduced on first reading. The finance
director explained the need for the appropriations, which will cover
items authorized during the year by the Town Council, as follows:
1. Capital Projects Fund - $120,000.00
2. open Space/Capital Improvements Fund - $120,000.00
3. General Fund - $74,560.00
4. Recreational Amenities Fund - $15,000.00
Councilman Steinberg moved to approve the ordinance; Councilman Donovan
seconded the motion; the vote was unanimous in favor; and the motion
carried. The Town Clerk was then Instructed to have the ordinance
published as approved.
Ordinance No. 20, Series of 1974, AN EMERGENCY ORDINANCE AMENDING
THE ORDINANCE ANNEXING A PORTION OF THE BIGHORN AREA TO THE TOWN BY THE
INCORPORATION THEREIN OF THE CORRECT LEGAL DESCRIPTION OF THE ANNEXED
AREA, was introduced by the town attorney. Mr. Smith explained that
there had been a ministerial error in the range number on the legal
description, and the correction has been made and approved by the
District Court. An ordinance is required in his opinion for purposes
of clarification only. Councilman Donovan moved to approve the ordinance
as an emergency measure due to the pending annexation of the second
portion of the Bighorn area. Councilman Steinberg seconded the motion;
the vote was unanimous in favor; and the motion carried. The Town Clerk
was then instructed to have the ordinance published as approved.
Ordinance No. 21, Series of 1974, AN ORDINANCE AUTHORIZING THE ISSUANCE
OF GENERAL OBLIGATION REFUNDING BONDS IN THE PRINCIPAL AMOUNT OF
$2,640,000.00 FOR THE PURPOSE OF REFUNDING $3,000,000.00 GENERAL
OBLIGATION BONDS, SERIES OF 1973, DATED NOVEMBER 1, 1973, was introduced
on first reading. This transaction will represent a savings of $221,000.00
to the Town. Jack Green, of Boettcher & Co., was present to explain details
of the process. Copies of the ordinance were made available to the public,
and discussion followed. A change was made in the ordinance with reference
to the date of the second reading. There will be a special meeting of the
Town Council on Friday, November 15, 1974, at 8:00 A.M. for this purpose.
Councilman Staufer moved to approve the ordinance on first reading;
Councilman Donovan seconded the motion; the vote was unanimous in favor
and the motion carried. The Town Clerk was then instructed to have the
0 ordinance published as amended on first reading.
MINUTES
REGULAR MEETING
TOWN COUNCIL
NOVEMBER 5, 1974
PAGE 2
The town attorney th en presented a contract to the Council from
Boettcher & Co. dated October 31, 1974, regarding the advance refunding
ordinance. Mr. Green explained that the contract would only be binding
if the ordinance were passed on second reading. Councilman Donovan moved
to approve the document; Councilman Steinberg seconded the motion; the
vote was unanimous and the motion carried.
The town manager then opened the second hearing on the 1975 budget for
the Town of Vail and reviewed accomplishments for 1974. He then outlined
goals for 1975, and thanked the Town Council and staff for work done
during the year.
The finance director then reviewed the $2,970,000.00 budget document
in detail. Citizens commented on the budget and acceptance of it as
a valid document.
Charlyn Costello, head librarian, announced that the Vail Library has
received a federal grant for $3,000.00 for the purchase of books for
an alpine collection. She then presented a sample warrant from the
State of Colorado which had been made by the librarians.
The town manager then presented a management innovation award from
ICMA to the Town of Vail for the continuing cooperative effort between
Vail, Minturn and Redcliff. He acknowledged Bob Manzanares, town manager
for both towns, as the individual who makes the program effective. The
program will continue into 1975 on the request of Minturn and Redcliff.
The Mayor asked that Mr. Manzanares retain the award in his office for
the town.
With regard to a parking variance request from the Blue Cow Restaurant,
Mery Lapin of the Planning Commission reported that there had been a 4:2
vote against granting the variance. day K. Peterson, attorney representing
the Blue Cow, explained that while applying for the variance the owners
are also negotiating with Vail Associates to purchase sufficient spaces
on land adjacent to the Blue Cow that is owned by Vail Associates to
alleviate the need for a variance. Mr. Peterson went on to outline the
criteria from Section 19.100 of the Zoning Ordinance that the Council
should follow in order to make their decision. After some discussion,
Councilman Donovan opposed granting the variance until the purchase of
parking spaces is settled. Mr. Peterson said that time is integral in
the decision, since the Blue Cow wants to use the space this season.
• Mr. Peterson commented that the entire building was licensed to sell
liquor and could have been used as a restaurant before the zoning
ordinance came into effect. Staff recommendation was that a decision
should not be made with regard to the variance request until the parking
in the structure is resolved. Mr. Lamont advised the Council of their
right to take 20 days for the decision. The Council was then polled;
Councilmen Donovan and Steinberg were opposed to the variance on the grounds
that it would be a privilege. Councilman Staufer abstained for business
reasons. Mayor Dobson recommended that the matter be tabled, and the
attorney for the Blue Cow agreed that it be tabled for 2 weeks so that a
fifth member of the Council would be present for the decision. Councilman
Donovan then moved to table the Planning Commission's recommendation not to
grant the variance; Councilman Langmaid seconded the motion; Councilman
Staufer abstained from the vote; Councilmembers Steinberg, Donovan and
Langmaid voted in favor; and the motion carried. It was decided that fur-
ther study would include the relationship between the liquor permit and
additional space for non -conforming use and whether the liquor license
has any effect on the zoning.
9
MINUTES NOVEMBER 5, 1974
REGULAR MEETING PAGE 3
TOWN COUNCIL
is With regard to a request from Poor Richards/Short Swing for a Conditional
Use Permit to convert dormitory space to office space, Mr. Claude Martin
and Mr. Fitzhugh Scott were present to explain the request. Mr. Martin
commented that the request is made as an interim measure until negotiations
can be made with the Town of Vail concerning permanent renovations of the
building. Fitzhugh Scott stated that using the space as a dormitory is
not economically feasible at this time. Mr. Martin stated that if the area
were office space, funds would be available to landscape and upgrade the
exterior of the building. The Planning Commission's attitude is that
economic pressure will be used from other shop owners since the zoning
specifies Public Accommodation and office space has more real estate value.
Mr. Lamont commented that the impact of office space on that area of the
community must be determined along with adverse effects on the neighborhood
in eliminating Public Accommodation units from the area. He also saw a
need to determine whether the Transportation Center will create different
kinds of uses which would affect the whole area and the site of Poor Richards
in particular. Mr. Martin commented that he has been unable to make
dormitory -style accommodation a feasible business venture. Councilman
Staufer remarked that economics should not be considered but rather whether
the operation would be detrimental to the Town. Councilman Donovan commented
that he sees no solution to the eyesore other than a long-range plan to
improve the entire project. Mayor Dobson said he would want to see the
planned use for the property if a short-term conditional use were granted
as an interim measure. Additionally, if the conditional use permit is
granted, a parking variance would be required. Mr. Martin stated that Vail
Associates would be willing to let him use VA spaces in the parking struc-
ture, but he was unable to state how many would be available to him. With
regard to the parking variance request, Mayor Dobson noted that the following
would have to be considered in this decision: (1) the term of lease with
Vail Associates; (2) number of parking spaces from Vail Associates;
(3) and the philosophy of Public Accommodation zoning versus the use of the
area for office space; and (4) how the new parking facilities will affect
the community with regard to the present zoning. The consensus of the
councilmembers was to take the matter under advisement and table the decision
until the November 19 meeting. Councilman Langmaid moved to continue the
decision of the Planning Commission's recommendation and refer back to the
Planning Commission in studying the matter; Councilman Donovan seconded the
Motion; the vote was unanimous in favor of tabling the decision.
Councilman Staufer commented on the vacancy on the Town Council due to the
prolonged absence of Councilman White. He stated that in his opinion the
vacancy should be advertised to give people an opportunity to apply for
the position. The town attorney commentedthat an appointment could be
made for the present term up to the next election in November 1975. Council-
man Steinberg noted that there should be a letter from Councilman White's
physician stating his disability. The town attorney was then instructed
to handle the matter and publish notice of the vacancy.
As there was no further business, the meeting was adjourned at 11:45 P.M.
LOCAL LIQUOR LICENSING AUTHORITY
With regard to a request from "The General Store" ---. for a 3.2% beverage
license to operate a retail outlet in the Landmark building in Lionshead,
Mr. Levis Pennock, partner in the business, and Stuart Brown, Esq., attorney
for the applicant, were present concerning the application. The Town Clerk
reported that the application was in order pending FBI reports on the
applicants' fingerprint analysis. Mr. Brown asked that the economic survey
which had been used for The Mark Resort and Tennis Club previously be entered
into the record as Exhibit A. This survey was taken specifically for the
Lionshead market to prove the needs of the neighborhood.
• town of Vail[
box 100 office of the town manager
vail, colorado 81657
(303) 476.5613 October 22, 1974
Rosalie Jeffrey
Town Clerk
Town of Vail, Colorado
P. O. Box 100
Vail, Colorado 81657
Re: Special meeting of Town Council on November 12, 1974, at
7:30 p.m., regarding three proposed amendments to the
Zoning Ordinance and the zoning to be imposed on the
annexed Bighorn area
Dear Ms. Jeffrey:
Pursuant to Section 4.2 of the Charter of the Town of Vail,
Colorado, you are requested to call a special meeting of the
Town Council on November 12, 1974, at 7:30 p.m., to consider
the three proposed amendments to the Zoning Ordinance and the
zoning to be imposed on the annexed Bighorn area, for which
public notices of the public hearings on these matters will be
published on October 25, 1974.
Please satisfy the requirements in Section 4,2 of the Charter
and in Section 4 of Ordinance No. 1, Series of 1974,
Sincerely,
Terrell J. M>nger
Town Manager
TJM/sjm
�J
•
PUBLIC NOTICE
PUBLIC HEARING REGARDING ZONING FOR
ANNEXED BIGHORN AREA
.PLEASE TAKE NOTICE that in accordance with Section 21.500 of
the Zoning Ordinance, Ordinance No. 8, Series of 1973, of the
Town of Vail, Colorado, the Town Council shall conduct a
public hearing regarding the zoning to be imposed on the
portion of the Bighorn area annexed to the Town effective
on September 11, 1974, said hearing to be held on November 12,
1974, at 7:30 p,m., in the Municipal Building of the Town.
PLEASE ALSO TAKE NOTICE that the Town Council will consider
requests from property owners seeking a change in zoning
district from that designated on the zoning map recommended
by the Planning Commission for the annexed Bighorn area,
provided that said requests are submitted in writing to the
Town Council prior to the aforesaid hearing,
D PAMtINT OF COMMUNITY DEVELOPMENT
Tana S. Toughill, Zon' g Administrator
Dated October 23, 1974
Published in the Vail Trail on Friday, October 25, 1974
fi
k.
1 -
PROOF OF PUBLICATION
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
I, . w I "' k x do solemnly swear that I am
thus• M6X• of THE VAIL TRAIL; that the same is a weekly newspaper
printed, in whole or in part and published in the County of Eagle, State of
Colorado, and has a general circulation therein; that said newspaper has been
published continuously and uninterruptedly in said County of Eagle for a period of
more than fifty-two consecutive weeks next prior to the first publication of the
annexed legal notice or advertisement; that said newspaper has been admitted to
the United States mails as second-class matter under the provisions of the Act of
March 3, 1879, or any amendments thereof, and that said newspaper is a weekly
newspaper duly qualified for publishing legal notices and advertisements within the
meaning of the laws of the State of Colorado.
That the annexed legal notice or advertisement was published in the regular and
entire issue of every number of said weekly newspaper for the period of i
consecutive insertions; and that the first pubication of said notice was in the issue
of said newspaper dated . NOS � A.D. 1974 and that the last
publication of said notice wass in the issue of said newspaper dated
K1flvCiA. FSCV- 8 A.D. 19 +_
In witness whereof I have hereunto set my hand day of
NN E'lq6eK A.D. 19 1-4- .4
Subscribed and sworn to before me, a notary public and for 03 County of Eagle,
dX-
State of Colorado, this day of _�� A.D. �19 '75:
/.�iw .►-� .r1
(Notary Pu4Ycc
My Commission expires �%=' 19_'Xr-
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GIVE, qurSudrit to Section �i2 .�,
the.X:n`arteY of the T,p1Wn �r a
no1ora4o3 ands S
t TOWN OF
3 -� by Rosang.7�
Publlsned Lim"Th Tia
NoJer;lher 8;1974.
0
P U B L I C N 0 T I C E
NOTICE OF A
SPECIAL MEETING
OF TOWN COUNCIL
Public Notice is hereby given pursuant to Section 4.2
of the Charter of the Town of Vail, Colorado, and Section
4 of Ordinance No. 1, Series of 1974, that there will be
a special meeting of the Town Council on the 12th day
. of November, 1974, at 7:30 P.M., in the Municipal
•
Building of the Town, to consider the enactment of
three proposed amendments to the Zoning Ordinance,
Ordinance No. 8, Series of 1973, and to further
consider the enactment of an ordinance imposing
zoning on the portion of the Bighorn area annexed
to the Town effective on the llth day of September,
1974, public notices regarding the public hearings
to be held on all of the aforesaid matters having been
heretofore published on the 25th day of October, 1974.
Town Clerk
i II
MINUTES
REGULAR MEETING
TOWN COUNCIL
NOVEMBER 5, 1974
PAGE 4
• Mr. Brown then submitted petitions with a total of 275 names of persons
in favor of the granting of the license. Mr. Staufer then moved to approve
the application subject to the findings of the FBI investigation;
Dr. Steinberg seconded the motion; the vote was unanimous in favor, and the
request for the license was granted.
With regard to a request from Grand Prix, Inca to expand their premises
in the Tivoli Lodge for a three-way restaurant license, the Zoning
Administrator was asked to study parking and zoning requirements regarding
the Tivoli. Mr. Langmaid then moved to approve the extension of the area
to be served in the original application subject to the fulfillment of the
parking and zoning requirements; Mr. Donovan seconded the motion; Mr.
Staufer and Mr. Donovan abstained due to conflict of interest; Mr. Langmaid
and Mr. Dobson voted in favor; and the request was approved subject to the
above requirements.
As there was no further business,
ATTEST:
the meeting w s adjourned t 12 midnight.
,� Mayor
S,Sk
6
PUBLIC NOTICE
PUBLIC HEARING REGARDING PROPOSED AMENDMENTS
TO ZONING ORDINANCE
PLEASE TAKE NOTICE that in accordance with Section 21.500 of
the Zoning Ordinance, Ordinance No. 8, Series of 1973, of the
Town of Vail, Colorado, the Town Council shall conduct a public
hearing on November 12, 1974, at 7:30 p.m. in the Municipal
Building of the Town,regarding proposed amendments to the Zoning
Ordinance as follows:
(1) to make the Zoning Ordinance applicable to areas
annexed to the Town subsequent to the enactment of the.
Zoning Ordinance;
(2) to consider the addition of a new zoning district
to be known as Residential Cluster District;
(3) to consider the addition of Sepcial Development
District 3 (SD-3) for the property known as Bighorn Junction,
Ltd.
4DEPARNT OF COMMUNI DEVELOPMENT
Toughill, Zon g Administrator
Dated October 23, 1974
Published in the Vail Trail on Friday, October 25, 1974