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HomeMy WebLinkAbout1974-12-03 Town Council Minutes0 TO: TOWN COUNCIL FROM: Terrell J. Minger, Town Manager DATE: December 3, 1974 RE: Tentative Work Program for Antholz DECEMBER 1974 Research work JANUARY 1975 Establishment of Community Center Committee Program Analysis, Financial Projections FEBRUARY 1975 Development Plan Tour of facilities Architect interviews MARCH 1975 Architect Selection, Contractor Selection Program Approval by Council APRIL Preliminary Design Studies MAY 1975 Cost Analysis JUNE 1975 Community Education for Bond Issue JULY 1975 Preliminary Drawings AUGUST 1975 Preliminary bids and Detailed drawings Landscape Plan Completion Symposium Preview SEPTEMBER Bond Issue OCTOBER 1975 September 23, 1975 ($5 - 7 million) OCTOBER thru Working Drawings - Final Bids MAY 1976 MAY 1976 Construction commences MINUTES REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAIL DECEMBER 3, 1974 The regular meeting of the Town Council of the Town of Vail convened at 7:45 P.M. in the Council Chambers of the Vail Municipal Building on December 3, 1974. Mayor John A. Dobson and the following councilmembers were present: Josef Staufer Kathleen Klug Tom Steinberg John Donovan Joseph Langmaid r ORDINANCE NO. 25, Series of 1974, REGARDING SPECIAL DISTRICT 3 ZONING DISTRICT, was introduced on second reading. The Mayor noted that there have been certain changes made since first reading. The town attorney stated that the Town Council has received a letter from the owner of the property asking that the ordinance be passed on second reading with no changes. He explained that minor changes had been made in the ordinance regarding maximum density to be permitted which has been reduced from 16 units per acre to 14 units per acre; permitted and conditional uses. Jim Lamont noted that re- quired parking underground had been reduced from 50% to 35%. The attorney stated that the council is fully apprised of any alterations to the ordinance. Maximum number of dwelling units to be allowed is 116, with commercial space being included in the development plan for the property. The property in question is Bighorn Junction Ltd. Councilman Steinberg moved to approve the ordinance; Councilman Lang - maid seconded the motion; the vote was unanimous in favor; and the motion carried. ORDINANCE NO. 26, Series of 1974, REGARDING IMPOSITION OF ZONING DISTRICTS ON ANNEXED BIGHORN AREA, was introduced on second reading. The town attorney explained that the ordinance refers to the area annexed on September 11, 1974. Councilman Staufer moved to approve the ordinance; Councilman Donovan seconded the motion; the vote was unanimous in favor; and the motion carried. ORDINANCE NO. 28, Series of 1974, AN EMERGENCY ORDINANCE AMENDING SECTION 9-1-3 OF THE TOWN CODE OF VAIL RELATING TO THE AUTHORITY TO IMPOUND VEHICLES, was introduced and ex- plained by the town attorney. Councilman Steinberg moved to approve the ordinance; Councilman Staufer seconded the motion; the vote was unanimous in favor and the motion carried. ORDINANCE NO. 29, Series of 1974, AMENDING TITLE II, CHAPTER 7, OF THE TOWN CODE OF VAIL RELATING TO THE MUNICIPAL COURT, was introduced on first reading. The town attorney explained a change from the municipal court being a Court of Record to a regular court, and that the change is technical in nature since the court has never functioned as a Court of Record. Councilman Steinberg moved to approve the ordinance; Council- woman Klug seconded the motion; the vote was unanimous in favor; and the motion carried. Minutes December 3, 1974 Page 2 ORDINANCE NO. 30, Series of 1974, ESTABLISHING A HEALTH EXAMINATION REQUIREMENT FOR FOOD HANDLERS IN THE TOWN OF VAIL, was introduced on first reading. The town attorney explained that there are presently no regulations on the state level for health requirements. The Town of Vail is hiring a full-time sanitarian for the enforcement of rest- aurant and health requirements. According to the State Health Officer, state health exam regulations have been abandoned because they are unenforceable and could better be regulated on the local level. Mr. Dick Elias, lodge owner, stated that such matters should be the business of good management, rather than through health examinations. He suggested that the issue be tabled until such time as a sanitarian is hired. Peter Cary, reporter from the Vail Villager newspaper, commented that he had talked to the State Health Officer regarding the state health ordinance. Reportedly, the officer said that the ordinance was useless and unenforceable. A restaurant manager then presented two letters to the Council, one written by County Sanitarian, Erik Edeen, the other by Dr. Thomas I. Steinberg, stating the requirements and responsibilities of restaurant managers for their employees.. He questioned the fact that the availa- bility of free examinations in Denver is not mentioned in either letter. Mayor Dobson then stated that the Council is trying to establish minimum requirements and enforce health requirements and enforce health requirements for the locality. There is no obligation for any employee to be examined at the Vail Medical Professional Corporation. The town manager commented that the ordinance was a result of the county sanitarian's views as to the needs in the area. He noted that any accusations of "collusion are idiotic". Mr. Elias objected to the lack of enforcement concerning health requirements, and asked that the county sanitarian report to the Town Council and.the people with regard to the health needs of this community. Several citizens voiced their opposition to the ordinance on the grounds that it is both unenforceable and unworkable. Council- man Donovan questioned the possible elimination of the pre- employment examination, instead mposing'a heavy fine or penalty , thus placing the burden on the employer to hire healthy persons to work with food.. He also suggested the re- working of the ordinance, tabling it to a later date, and placing a ceiling on the charge for the examination. Discussion followed and then the town manager suggested that interested citizens meet with him, the mayor and the town attorney to come up with a viable ordinance. Councilman Staufer commented that this ordinance should not be passed on first reading, but urged that we must find a tool to solve the problem. Mayor Dobson remarked that he is concerned about what he feels is basically a financial concern rather than interest in solving the problem. He further stated that the state health officer had the state ordinance put down because the health exams were not uniformly done and could not be relied on for determining communicable diseases. Councilman Steinberg moved to table Ordinance No. 30 until the staff is able to meet with restaurant managers of the community to discuss the matter further; Councilwoman Klug seconded the motion; the vote was unanimous in favor of tabling the ordinance; and the motion carried. Minutes December 3, 1974 Page 3 ORDINANCE NO. 31, Series of 1974, AN ORDINANCE ADOPTING A BUDGET AND FINANCIAL PLAN FOR THE TOWN OF VAIL FOR 1975, was introduced on first reading and renumbered to No. 30. The town manager commented that this public hearing would be the fourth occasion that the 1975 budget has been brought before the public for their review. He further noted that it fulfills the requirement of Article No. 9; Section 9.3 of the Home Rule charter. Councilman Donovan moved to approve the ordinance on first reading; Councilman Steinberg seconded the motion; the vote was unanimous in favor; and the motion carried. Resolution No. 24, Series of 1974, a resolution regarding the implementation of House Bill No. 1041, was introduced by the town manager. Jim Lamont, Community Development Director, explained that the bill indicates the overall planning needs we see in Vail and requests financing for priority items. A detailed workplan includes: floodplain analysis, geologic hazard analysis; mass transit analysis, sewer and water system analyses. The resolution gives authorization to the Town Council to forward the report on these items to the State. Councilwoman Klug moved to approve the resolution to accompany the community development report; Councilman Staufer seconded the motion; the vote was unanimous in favor; and the motion carried. Resolution No. 25, Series of 1974, a resolution for the re- appointment of the Town Attorney, was introduced for the Council's consideration. Councilman Donovan questioned Section 9 of the attorney's contract wherein it states that if the town attorney resigns he will be granted one month's pay after resignation. The town manager suggested that the words "at the discretion of the Town Council" be added to the statement if there were any concern on the part of the council. The town attorney stated that he would supply a letter regarding the question of 'good reason' and payment. Councilman Staufer moved to approve the resolution; Councilman Donovan seconded the motion; the vote was unanimous in favor; and the motion carried with the changes regarding "termination for whatever reason regarding severance pay for one month". With regard to the consideration of voucher lists for October, 1974, Councilman Donovan moved to approve the voucher state- ments; Councilman Staufer seconded the motion; the vote was unanimous in favor; and the motion carried. REPORTS FROM THE TOWN ATTORNEY 1. The town attorney reported that the District Court made a decision in favor of the Local Liquor Licensing Authority on November 26, 1974, and upheld the Authority's denial of the Vail Village Liquors, Inc. retail liquor store application. 2. With regard to the Manor Vail vs. the Town of Vail in the cable television litigations, the town attorney reported that there are two cases pending. With regard to the State case, the Town will stay in the proceeding to pre- vent duplication of tax against the Town of Vail until the decision is made. Concerning the case in District Court, the date set for court is December 20, 1974. • Minutes December 3, 1974 Page 4 CITIZEN PARTICIPATION A comment was made regarding the poor quality of the signs used to direct traffic to the parking structure. The town manager commented that the signs were an emergency measure due to traffic jams at the intersection and are down now. A member of the Lionshead businesscommunity remarked that the directory sign for Lionshead should be lighted. Jim Lamont stated that it would be lighted. A member of the audience was of the opinion that the rates at the parking structure are too high. The town manager noted that it is premature to determine the use of the structure, and the rates concur with or are lesser than those outlined in the bond issue. The user should pay rather than the tax- payer who does not use the structure. Mr. Minger noted that the charge for bus service to Sandstone 70 has been reduced to 250. Ridership is especially good in the Bighorn area; slower in Sandstone. Councilman Staufer then commented that he had mentioned on November 5 that any persons interested in the Council should come forward and that he has asked the Council to appoint some one from the Bighorn area to fill the vacancy. Mayor Dobson stated that the matter of the council appointment needs further study. He stated that he takes exception to Councilman Staufer's idea and that according to the Home Rule Charter the entire Town of Vail is represented by each.councilperson. Councilman Staufer said that the appointment should be deter- mined by the next meeting of the Town Council on December 17, 1974. There was a general consensus of the councilmembers to make the appointment by December 17. As there was no further business, the meeting was adjourned at 10:45 P.M. RE -CONVENE AS THE -LOCAL LIQUOR LICENSING AUTHORITY The following 1975 liquor license renewal applications have been received by the Town Clerk for these businesses: Lancelot; Sweeny Todd's; VMRD; A & D Enterprises; Gasthof Gramshammer; Left Bank; Red Lion Inn; Purcell's; Alfie Packer's; Cyrano's; Nu Gnu, Inc.; Ore House; Lord Gore; Blue Cow; Manor Vail; Vail Village Inn; Pistachio's; Los Amigos; St. Moritz; Clock Tower Inn; Holly Vail Inc.; The Place; M-K Corporation; and Guido's. The Chief of Police reported that there has been good cooperation from the licensees during 1974, some minor violations but nothing to deny the renewals. Mr. Steinberg moved to approve the re- newals for 1975 as requested. Mr. Donovan seconded the motion; the vote was unanimous in favor; and the motion carried. Concerning a request from High Country, Inc. dba Guido's regarding a change of stockholders in the corporation, Mr. Staufer moved to approve the addendum request; Ms. Klug seconded the motion; the vote was unanimous in favor; and the motion carried. As there was no further busit}'e'ss, t uthority Njourned at 11:15 P.M. ATTES/T/•? /�'�+or [✓Ji.I�Y i) (J-a:)..srv::e.ati a:'st:»r.<'.<@..'kii:d'ti.ivll.C>�:s�:��,.:'5 .a. Town Clerk /,�J 0 PUBLIC NOTICE NOTICE OF PROPOSED BUDGET TOWN OF VAIL NOTICE IS HEREBY GIVEN that a proposed budget has been submitted to the Town of Vail for the ensuing year of 1975. That a copy of such proposed budget has been filed in the office of the Town of Vail, Municipal Building, Vail, Colorado, where same is open for public inspection. That such proposed budget will be considered at a regular meeting of the Town Council for the Town of Vail to be held on Tuesday, December 3, 1974, at the Vail Municipal Building at 7:30 P.M. Any taxpayer within said Town of Vail may at any time prior to the final adoption of the budget file or register his objections thereto. DATED this 19th day of November, 1974. TOWN OF VAILLo� 4V By Rosalie Jef rey Town Clerk Published in the Vail Trail on November 22, 1974. PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Town Council will consider applications for the Planning Commission vacancy effective December 31, 1974. Any interested Town of Vail residents should apply in writing to the Town Clerk by January 6, 1974. -,0 Rosali�Jef e Town Clerk PROOF OF PUBLICATION STATE OF COLORADO } ) ss. COUNTY OF EAGLE I, l� do solemnly swear that I am they. 11+«• 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 2. consecutive insertions; and that the first pubication of said notice was in the issue of said newspaper dated A 2AZ- A-D_ 1914 and that the last publication of said notice was in the issue of said newspaper dated "rA--C_:6kkft-`Q2 27 A.D.1g'74- In witness whereof I have hereunto set my hand this N- day of B�- A.D.19� Subscribed and sworn to before me, a notary public ' and for County of Eagle, State of Colorado, this .1?6 day of •� �`rlr� l A.D. 1$ /Notazy;Fublici - MyCommissionexpires�+