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HomeMy WebLinkAbout1976-10-05 Town Council MinutesMINUTES REGULAR MEETING VAIL TOWN COUNCIL 5 OCTOBER 1976 The regular meeting of the Town Council of the Town of Vail, Colorado, was convened at 7:30 P.M. on Tuesday, October 5, 1976, in the Vail Municipal Building Council Chambers. Mayor John Dobson and the following councilmembers were present: Bob Ruder Bill Heimbach Bill Wilto Kathleen Klug arrived at 8:45 P.M. Others present included: Terrell J. Minger, Town Manager Larry Rider, Town Attorney SPECIAL PRESENTATION The Town Manager introduced Mr. George Szego, President of InterTechnology Corp, who discussed his organization's Feasibility Studies of Energy Alternatives for Vail - the result of last year's A.T.P. conference held in Vail. He discussed the impending shortages of fossil fuel and uranium, and stated that his studies indicate that the most practical energy direction for Vail is solar. He recommended that the Town of Vail seek ERDA grant money to study and pursue the development of solar energy as a viable alternative. Mr. Minger stated that the Town would need to appropriate $5,000 to initiate the ERDA request and that a grant application would be made to ERDA soon. The Mayor stated that a few copies of the report were available for interested citizens to borrow. Councilman Wilto moved to appropriate the necessary $5,000; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried. ORDINANCE No. 27, Series of 1976, authorizing the issuance of Special Assessment District Bonds, was introduced on second reading. Mr. Minger explained that the bonds are for the Bighorn paving project which should . be completed by the end of the week. Councilman Heimbach moved to approve the ordinance on second reading; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was instructed to have the ordinance published. ORDINANCE No. 28, Series of 1976, increasing application fees for liquor and fermented malt beverage licenses, was introduced on second reading. The Mayor stated that there had been no changes in this ordinance which would bring the Town's fees up to date with State statutes, Councilman Wilto moved to approve the ordinance on second reading; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried, The Town Clerk was instructed to have the ordinance published by title only. ORDINANCE No. 29, Series of 1976, making supplemental appropriations from the Open Space/Capital Improvements Fund, was introduced on first reading. Mr. Minger and Kent Rose, Public Works Director, explained that there had been some overruns on Site 24 due to relocating the utilities, saving some trees, not relocating the Teen Center, for new conduit and a transformer, and for engineering fees to Frei Otto previously approved by the Council. The appropriation also includes funds for the completion of the Colorado Ski Museum. Councilman Heimbach moved to approve the ordinance on first reading; Councilman Wilto seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was instructed to have the ordinance published in full. 0 Minutes/Regular Meeting 5 October 1976 Page Two ORDINANCE No. 30, Series of 1976, amending the Cable TV Franchise Ordinance, was introduced as an emergency ordinance. The Town Attorney explained that a severance clause had inadvertantly been left out of the original ordinance and that the oversight had been discovered during consummation of the sale of the franchise to new owner Frank Thompson. He felt the oversight should be corrected as an emergency measure because of the Manor Vail challenge to the ordinance which is still in litigation. Councilman Heimbach moved to approve the ordinance as an emergency; Councilman Wilto seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was instructed to have the ordinance published in full. RESOLUTION No. 20, Series of 1976, accepting a dedication of properties from Frederick W. Distelhorst and Ines W. Distelhorst, was introduced. Mr. Rider explained that the resolution involved acceptance of the dedica- tion but not of the plat which had not yet been approved by the Planning Commission. Diana Toughill showed the Council a map of the 1/3 acre parcel. Conditions of dedication stipulated that no bike paths or picnic areas be established thereon. Mr. Rider questioned whether the Council might be making the house nonconforming setback -wise through acceptance of the dedication. Councilman Wilto moved to send the matter back to the''Planning Commission for further study and recommendations; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. RESOLUTION No. 21, Series of 1976, regarding Fire Prevention Week, was introduced. The Mayor read the proposed resolution which would establish the theme of Fire Prevention Week as "Learn Not to Burn". He added that Fire Chief Carlisle would show a short film on fire prevention immediately following the meeting. Councilman Heimbach moved to approve the resolution; Councilwoman Klug seconded the motion; all present voted in favor; and the motion carried. With regard to the Cornice's request for a setback variance, Diana Toughill explained that the request was to extend the building's balconies. She stated that the Community Development staff and the Planning Commission had recommended approval on the south side of a 5 feet extension and on the north side of a 12 feet extension. The existing balcony is 3 feet. She added that the proposed extensions would not encroach on the road. Mrs. Klug asked whether approval could be granted with the stipulation that no furniture would be stored on the balconies. Mr. Rider answered that no stipulations could be inserted. Mrs. Klug then moved to approve the 12 feet extension on the north side only. There was no second. She then moved to approve the request with the Planning Commission and staff recommendations; Councilman Wilto seconded the motion; Councilmen Ruder and Heimbach voted against the motion; all others present voted in favor; and the motion carried with a vote of 3-2. With regard to the Racquet Club's height variance request, Mrs. Toughill explained that this request was exactly the same as one granted to the Racquet Club by the Council in April, and that this request also included a parking variance. She added that both staff and the Planning Commission had recommended approval of both requests. Walter Kirsh of the Racquet Club stated that his original plans had been drawn prior to annexation and that he intended to carry them out. Councilwoman Klug questioned the need for a parking variance and asked that approval be granted only with the stipulation that all future buildings comply with the Zoning Ordinance. Councilman Ruder then moved to approve the requests for height, covered parking and building bulk variances for two buildings with the stipulation as stated by Mrs. Klug; Councilman Wilto seconded the motion; all present voted in favor; and the motion carried. Regarding the Pulis request for a new subdivision for Vail Valley Filing Two, Mrs. Toughill showed the Council the proposed plat, and stated that the Planning Commission had recommended approval. Councilman Wilto moved to approve the request; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried. Minutes/Regular Meeting 5 October 1976 Page Three With regard to Gordon Miles' requests for a setback variance, a GRFA variance, separation between buildings variance and a parking variance, Mrs. Toughill explained that Mr. Miles proposed to build an 1800 square foot house on a 1/3 acre parcel of land, thereby requiring the above variances. She stated that both Community Development staff and the Planning Commission have recommended moving the location of the house so that parking can be accommodated on his own property. Ms. Jonine Hixson, a neighbor of Mr. Miles, objected to the proposal, stating that the house would be located too close to her own. Jay Peterson, attorney for Mr. Miles, stated that the proposal still had to go to the Design Review Board after Council approval, and that the location could be altered at that time. Following considerable discussion, Councilman Wilto moved to table the requests for two weeks; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. With regard to the Town Manager's appeal of the Design Review Board's approval of the SunVail project, Mrs. Toughill explained that the approval had occurred because the time alloted for consideration of the project had expired. The Town Manager had appealed the approval, and the applicant had submitted a second design. Councilman Wilto moved to deny the first design, previously approved by the Design Review Board; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. Councilwoman Klug then moved to send the second design back to the Design Review Board to be considered at its next meeting; Councilman Wilto seconded the motion; all present voted in favor; and the motion carried. TOWN ATTORNEY REPORTS Mr. Rider announced that a new lawsuit - Von Allman v. Wall, involving false arrest charges, had just been filed against the Town of Vail. CITIZEN PARTICIPATION Lou Parker asked about the status of the proposed "Heidi at Vail" presen- tation. Mayor Dobson stated that the Council had heard the proposal but had not acted on it, had not commited any Town funds. . Mr. Parker also complained about the holes in the road in front of the Transportation Center. Mr. Minger and Mr. Rose explained that the road was the responsibility of the State Highway Department, but that the Town of Vail had done some patching. They agreed to talk with the Highway Department again about repairs. Mrs. Klug suggested that "Children at Play" signs be installed around Lions Ridge Loop to lessen danger to children playing there. Mr. Rose agreed to erect the signs. With no further business, the meeting was adjounred at 10:15 P.M., and Fire Chief Carlisle showed a brief film regarding Fire Prevention Week. ATTEST: a IWA�% Town Cler�