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HomeMy WebLinkAbout1974-06-04 Town Council MinutesMINUTES REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAIL .. 4 JUNE 1974 The regular meeting of the Town Council for the Town of Vail, Colorado, was convened at 7:40 P.M..; June 4, 1974, in the Council Room of the Vail Municipal. Building::.,, Mayor John Dobson and the following councilmembers were present: Josef Staufer John Donovan Kathy Klug Gerry White Councilmen Steinberg and Langmaid were absent. Also present were: Terrell J. Minger, Town:Manager Gene A. Smith, Town: Attorney Mayor John Dobson called the meeting to order and requested &•motion for the approval of Council .minutes from December 18, 1973 and January and 15, 1974. Councilman Donovan moved to approve the minutes; Councilman Staufer ,seconded - the motion; all members voted.in favor; and the motion: carried to adopt -these minutes into -the record: Mayor Dobson then commented:.on the Council's tour of summer. projects under construction, and that'sehedules are being met by construction crews: Ordinance No. 6, Series of 1974, AN,ORDINANCE ESTABLISHING .: SPECIAL DEVELOPMENT DISTRICT 2 AND.AMENDING THE.ZONING OR- DINANCE OF THE TOWN, THE OFFICIAL ZONING MAP, AND. THE BOUNDARIES OF THE ZONING DISTRICTS PERTAINING TO THE AREA; OF THE SPECIAL DEVELOPMENT, was introduced. on second reading by the town attorney who noted that certain changes had been made since first reading, ...He affirmed that 7.643,.acres. s the exact land size: Courici:lman White.stated.that he would want Section 10 to read either 'SFR or R aiid that- he would prefer SFR. The distinction should be made.in.this ordinance in his opinion. Mr. Minger commented that,'Ordinance Nq: 6 is a safe documentfor the Town of Vail and its'citizens '. Vail Associates has agreed, to discuss the matter with the Town before putting the lai on the., market. Mr. .°Jeri :Wright remarked that the Town has the controls in their'hands so `. that it could not really be a.problem. Councilman White.. moved to replace the words "shall be" with "is hereby"::and to delete the words "or re.sidential.....': and approve ordinance on second reading as amended.. Councilman Donovan seconded the motion. Mr. Wright stated that if'these`.changes are made he will be uncomfortable.with the ordinance. Councilman Donovan then suggested that the -passage of this ordinance be tabled until 'further discussion with Vail Associates. Councilman White stated that Dick Peterson had agreed at 4 previous meeting to dothe downzoning. June 4, 1974 Page 2 Councilman Dobson agreed that it should'.be zoned SFR.but did not see any danger .in passing the:ordinance"'as is and discussing the matter further. -Councilman Donovan withdrew his second to the `motion:of.Councilman, White. The..motion failed due to the lack o.f a.s.econd. Mr. Wright then re-' stated the good faith_ of VA .and that- `lie would like to .have the ordinance approved at this meeting., Councilman Donovan then moved to adopt Ordinance .No.... 6" as "it now 3cea.ds;; Councilwoman Klug seconded the motion; Councilmembers" Donovan, Klug, Staufer voted"in-favor.; councilman White voted against; the motion carried to approve Ordinance No,•''6 as written on.second reading: Ordinance No. 7, Series of i974", AN ORDINANCE MAKING A. SUPPLEMENTAL APPROPRIATION.FROM THE GENERAL FUND OF:TRE 1974 BUDGET AND.FINANCIAL.PLAN, 'FOR. THE TOWN -OF VAIL, COLORADO,"was introduced by the.: town attorney. He explained that the ordinance provides up to a $15;000:00 donation from the General Fund of.the Town .of.Vail `to the Vail Resort Association, and $5.,000 00 to the Colorado Rivers Council., Mr. Smith also presented a letter of certification from the town manager as proof of the"existence of the. funds,.": Councilman White. moved to approve.Ordinance No. 7 On first reading; Couneilman.Donovan,seconO, the.motion; all councilmembers voted in favor ':and, .the motion carried`.:.. Resolution. No. 14, Series of 19"7.4., : a .sQconel resolution regarding the proposed•anrioxat on of:a-;porta.on'"of the Bighorn area to the Town through, An 'annexation- election, was brought before theCouncil.. The.town attorney gave a resume of the proceedings" to.ann6*,tighorn"and`explained that the purpose of.:this.public`hearing is. to determine,... whether the Town Council should'."oall:An election., Three commissioners would then be appointed by":the,DistriCtCourt` of Eagle County to call.`the=election: Councilmen Statifer and -Donovan voiced their approval of:an annexation election; Councilwoman Klug commented'on...the expense o.f'an election;: and Councilman White had no•"comment.`:,The May, asked for comments from the audienoe. its:i. Erika_ McCall Commented, .in: favor of annexation. The `.town "attorney then outlined.the details:of the 'evidence'.require. to.'call an annexation.: election. The.community of interest'requi:r.ement is satisfied by.means of the common.ski:;area and-city;:..wi.th facilities'. that benefit all .the people of;th6 valley. Ms.' McCall remarked that she would like to be.able to use the town's facilities andagrees that there is`'a community of interest. Mr. Bob Ruder, representing the East VAi-l'Property Owners' Association an organization of Approximately 180,.members, stated ,that 55 •- 60%'of the property owners are in favor of annexation. He urged that annexation be underway immediately. As a result of annexation, there would be..an 'integra.tion' of community services such. as wateb,a.nd sewer• -and fire, under„ special districts. �The..town .attorn°ey stated tlat.within,a. reasonable time period it would be feasible to determine whether all the special -districts ,,should be, ;conso]sidated or brought under the authority of the Town:. Mr.`Bl.air.Ammon"s:asked whether the Town of Vail has monies allocated .for snow plowing and related serviCeo:in.:Bighorn? nger replied 'that the Town does have such monies a•llocated•ta.B'ighorn`•.road main- tenance, operators and equipment, and for police officer and a:vehicle. Mr. Minger noted that...the Town is.willing and able to pirovide the services that."every other resident of the Town of Vail receives. June 4, 1974 Page 3 _ He noted that the whole planning and thinking f p g o the Town. ,• has been geared to the service of the entire Gore Valie.y. With regard to fire protection services, Mr. Minger. commented that this is"another issue and another vote;. to be handled at a later date. .The town attorney then recommended passage of Resolution No.'. 14;:and asked for. A. motion to incorporate all maxis and ,proceedings of past. meetings regarding the Bighorn.ahnexation. Councilman Donovan moved to incorporate siid.data; Councilman Staufer- seconded the motion; all counclmembers voted in favor. and.: the motion carried. The'attorney then asked for a motion to.: accept the conclusions.of.Section 3 of the Colorado Revised Statutes with regard to .the annexation_elect"ion. Councilwoman Klug moved to accept said conclusions; Councilman Donovan seconded the motion; all"councilmembers voted in favor; and the motion carried. Councilman:Staufer then moved to,.approv'e.. Resolution No. 14; Councilman Donavan.seeonded the motion; Councilmembers Staufer, Donovan, Klug, White and Mayor Dobson voted in favor;. and the motion carried. Mr. Smith then stated •" that he would file the. petition for an annexation election. within the following two -week period. Mr. Minger then commented that as Manager and Secretary ofsthe;•.Vail'Fire Protection District, the Board has the' '° n'tertiori'.of incorporating the .dis- stricts upon annexation to the;Town"o£-:vai.l:. In fact,.15% of the Bighorn residents can petti:dn °ths,Vai:lFire✓protection District to be included in .the'"di'strict. With regard to t%he Hilton Inn. s ijn,appeal, Jay K .Peterson,_ attorney for. the Hilton, presented the following data on. their behalf: (1) A 78 square foot sign ..was disapproved by the Design Review Board; '(2)..On April:4, 1974, Ajetter from the town council. stated that a 40 square foot sign was,,. recommended; (3) Subsequently, a--"37 square foot sign was disapproved by the Design Review Board; (4) On April 29, 1974, an appeal was made.to,..the Town Council; (5) the Council neither called a hearing nor made a decision within the allotted time period. Mr. Bill Ruoff, Chairman of..the.Design Review Board, stated that i.t is the charge'of that board to consider .zoning requirements.and sign applications. Discussion followed . with regard to the size and aesthetic requirements`:dt, the,:' Sign Ordinance. The major:complaint, according:to Mr. Peterson, . was•that the Council had not acted within the designated time period for appeals. The town attorney recommended a:continuance of the hearing so that he can brief the Council•a.nd" work toward;,,. an administrative remedy. Councilman White moved that 'the matter be taken under .advisement and cohsidered.:wth' 411,,:due haste; Councilman Donovan seconded.the`motion;"the vote was unanimous in favor; and the motioncarried.: Mr. Smith then stated that he would schedule.the.next.hearing and inform all. parties. Councilman Donovan then commented that the sign' Administrator should be instructe4.to'".remove il'legal.signs from the Hilton building. Ms. Monaco,..Sign Administrator; noted_. that she felt it would be a harassment to send a. ,violation notice while there is an appeal before the Council.: Councilman Donovan then re -phrased his initial statement, substituting the word "notified". Mr. Keith Caroselli; owner of the Vail Factory,.commented that the Town of Vail is in •violation.of.its own ordinance with the erection of the information.sign.at the entrance to the town. Mr. Minger noted that the sign should either be removed or go before the Design Review Board fore approval. June 4, 1974 Page 4 Regarding a request by Mery Lapin fo r a time extension for a variance previously granted to Crossroads.East, it was explained that the variance was initiated at the Town's request. Councilman Staufer stated that if this time ex- tension is granted, the zoning ordinance should be'amended. He recommended that instead Mr. Lapin should rey-apply,for the variance after its expiration, and if there is no significant . change in the Master Plan at that time, the variance would again be granted. Mr. Minger instructed his staff to send such a letter to Mery Lapin.. Councilman Donovan moved that tote matter be handled in accordance with Mr. Minger's in- structions. Mayor Dobson stated that the variance request will be approved at a later date if there is no significant change which would affect the public good. With regard to a request by Lou Parker for a Conditional Use Permit to allow the Sandstone Staff House to be used as offices for The Printery, the zoning administrator stated that there were no objections by the surrounding neighbors. Councilman Donovan moved to grant the Conditional Use Permit; Councilman • White seconded the motion; the vote was unanimous in favor and the motion carried. With regard to a request for a„parking exemption to allow expansion of the Covered Bridge Store, Mayor Dobson stepped down and Mayor Pro Tem White presided over this portion of the meeting. Mr. Dobson requested an exemption of three spaces for enlargement of the building to be used as office, storage and retail space. The Covered Bridge Store is presently a non -conforming building with regard to parking. .According to Mayor Pro Tem White, the,precedent has been set with variances granted to the Red Lion, Slifer and Company, and Manfred Schober. Councilman Donovan moved to.grant the exemption; Councilman White seconded the motion; the vote was unanimous in favor and the exemption was granted. Mr. Minger stated the administration policy that all signs . which are not official regulatory signs shall in future be submitted to the Design Review Board for their approval,. A member of the audience, Mr. Robert Buterbaugh, asked that there be an ordinance restricting cigarette smoking at Town Council meetings. Since there was no further business, the meeting was adjourned at 10:40 P.M. The Local. Liquor'Licensing'Authority was then convened at 10:45 P.M. With regard to a request for a Beer, Wine and Liquor,License from Lothar and Lieselotte Klaschik for the Hansel and Gretel Restaurant to be located in the Sunbird Lodge at Lionshead, the Mayor asked if the application were in order. The Town Clerk and Chief of Police reported that requirements.had been fulfilled. Stewart Brown, representing the Klaschiks, submitted petitions of approximately 115 names as Exhibit A to indicate the needs of the neighborhood. Mr. and Mrs. Klaschik were then sworn in by the town manager;.theyproceeded to give the details of the operation. There was no opposition June 4, 1974 Page 5 to the granting of the license. Mr. White moved to approve g g the application; Ms. Klug seconded the motion'; the vote was unanimous in favor of granting the license; and the, motion carried. With regard to a request for a Beer, Wine and Liquor license from F. Gaynor Miller for the Vail Mining and Restaurant Company to be located in Unit l of the''Mountain Haus Condominium; Mr. Dobson asked if the application: were in. order. The Town Clerk and Chief of Police reported that the requirements•had been met. Mr. Miller and four witnesses were sworn in to testify in favor of the application. Mr. S. Douglas McLaughlin, representing. Mr. Miller, submitted three petitions in favor of the application and asked that the authority draw its attention to the growth statistics of the Town of Vail. Mr. Miller then testified and gave details of the operation he proposes. Mr.. McLaughlin called three witnesses to testify in favor of the application; no one opposed the granting of this license. Mr. Dobson asked for a vote on the application. 'Both Mr. Staufer and Mr. Donovan requested, that there be no vote for the license at the hearing but that the authority take the time allowance. in order to make their decision within 30,days. With regard to the renewal of the 3.2% Beer license for The Deli, the Chief of Police reported that there had been no infractions of the law with respect to that license. Mr. White moved to approve the renewal request; Ms. Klug seconded the, motion; the vote of the Board was unanimous in favor; and the renewal request was granted. With regard to a request by The Bridgewater Inn, 'Inc., to expand the premises for serving Beer, Wine and Liquor, Mr. Warren Klug explained the details of the request. Ms. Klug abstained from the voting. Mr. Donovan moved to approve the request; Mr. Staufer seconded the motion;. all members of the Board voted in favor and the request was granted. With regard to the consideration of a change of ownership from Daniel E. O'Brien to Eve L. Elias, for the.Dairy Depot, located in the Vail Village Inn, Jay. K. Peterson, attorney for the applicant, explained the details of the change. Character reference requirements have been satisfied. Mr. White moved to approve the change of ownership; Ms. Klug seconded the motion; Mr. Stauferi owner of.the Vail Village Inn, abstained from the voting; all other members of the Board voted in favor of approving the -'application; and the motion carried. As there was no further business, the liquor licensing authority adjourned at 11:30 P.M. COLORADO RIVERS COUNCIL P. O. SOX 1815 ASPEN, COLORADO 81611 303/925-3055 Formerly: Eagle Piney 4ater Protection Association April 26, 1974 The Honorable John Dobson, Mayor The Board of Trustees The Town of Vail Vail, Colorado 81657 Gentlemen: Two recent items maybe of interest regarding the activities of Colorado Rivers Council. We have decided to pay Tam a reduced salary ($500./month) for a reduced time commitment (one-third of his time). We think it is important that Tam be retained on a professional and monetary basis .rather than simply letting the Directors work sporadically on the problems (I personally think this is an absolute necessity). However, we think, and Tam agrees, that we can still work very effectively with him on a part-time basis. This arrangement, of course, eases our financial burden. It is now quite clear, and even admitted, that the delay in the passage of the three Colorado Wilderness Areas is being caused completely by the Denver Water Board's opposition to parts of the Eaglets Nest bill. Because of the strong public support for the Eagle's Nest Area, however, the Water Board has unofficially proposed a compromise. While the compromise is not complete, the main feature is that in return for some concessions on the East Gore Canal side, the Water Board would agree to support the inclusion of Piney Lake in the Wilderness, thereby eliminating the proposed Piney Reservoir. This does not necessarily mean that they would stay out of the Piney drainage altogether; a smaller non -reservoir -type diversion on the Piney may still be included in the project. In any case, the Water Board's willingness to discuss the situation is at least hopeful. Sincerely, Pcd Robert E. Garton, Jr. REG/sw f f VAIL OFFICE: DENVER OFFICE: P.O. SOX 129 4260 E. EVANS AVE., VAIL, COLO. 81657 DENVER, COLO. 80222 303/4765940 303/758.2206 FFIC*FITZHOOH SCOTT-ARCHITECTS/PLANNERS, INC. VAIL, COLORADO 81657 303/476.3038 April 29, 1974 Mr. Terrel Minger Town Manager Town of Vail Vail, Colorado 81657 Dear Mr. Minger: On March 19, 1974 the Town of Vail Trustees approved the zoning variances for the proposed new Crossroads of Vail -East building. Since then we have been meeting with the owner and contractor to establish a construction schedule. Due to the time required for various agency's approval of plans and the lead time required for ordering building materials it would be impossible for construction to begin before mid -September 1974. The contractor feels that beginning construction that late in the season is not economical or desirable. We further feel it would not be in the best interest of our client or the Town to begin then because of the loss of about 30 parking places during the upcoming winter season. We do feel it would be best for all concerned to wait until the following spring to begin construction. And there in lies the rub. As I understand it,.we have: one year to exercise our zoning variances after approval by the Town Council. And as construction cannot begin before about mid April at the earliest, our variances would have expired. So considering the above, we are hereby requesting a 90 day extension to the zoning variances granted by the Town Council in March. We would appreciate your prompt action regarding same. If you have any questions please call me at the Office of Fitzhugh Scott, Thank you very much. Until I here from you, I remain, t my o s, Robert J. Hunt, Arc itect RJH:cb CC: Mayor Dobson M. Lapin J. Lamont