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HomeMy WebLinkAbout1976-10-19 Town Council MinutesMINUTES REGULAR MEETING VAIL TOWN COUNCIL 19 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 19, 1976, in the Vail Municipal Building Council Chambers. Mayor John Dobson and the following councilmembers were present: Josef Staufer John F. Donovan Kathleen Klug Bob Ruder Bill Heimbach Bill Wilto Others present included: Terrell J. Minger, Town Manager Larry Rider, Town Attorney ORDINANCE No. 29, Series of 1976, making supplemental appropriations for Site 24 and for the Colorado Ski Museum, was introduced on second reading. The Town Manager explained that the ordinance had been fully discussed at the previous meeting and that there had been no changes in the interim. Councilman Staufer moved to approve the ordinance on second 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 by title only. ORDINANCE No. 31, Series of 1976, imposing an occupation tax on all telephone utilities operating within the Town of Vail, was introduced on first reading. The Town Attorney explained that the former gross receipts tax on telephone utilities was now invalid because of a Colorado Supreme Court decision overruling such a tax involving Foster Lumber Co. within the Town of Minturn. He stated that this ordinance establishes an occupation tax based upon the number of telephone accounts within the Town of Vail. Councilman Donovan moved to approve the ordinance on first reading; Councilwoman Klug seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was instructed to . have the ordinance published in full. ORDINANCE No. 32, Series of 1976, rezoning certain properties to Public Use District, was introduced on first reading. Mr. Minger stated that this ordinance would rezone certain public properties - the Municipal Building -Post Office complex, the Vail Transportation Center, the Antholz Park, the K-4 school site, and Site 24 - to Public Use District. Council- man Donovan asked that the Tract A soccer field also be included and then moved to approve the ordinance on first reading with the addition of Tract A; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was instructed to have the amended ordinance published in full. ORDINANCE No. 33, Series of 1976, making a supplemental appropriation for the Town's purchase of the Katsos Property, was introduced on first reading. Mr. Minger explained that the Town had contracted to purchase the 140-acre Katsos Property, located just east of the Golf Course, from Vail Associates, and that the $20,000 supplemental appropriation from the Open Space/ Capital Improvements Fund would serve as earnest money for that purchase. Councilman Heimbach moved to approve the ordinance on first reading; Councilwoman Klug seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was instructed to have the ordinance published in full. Minutes/Regular Meeting 19 October 1976 Page Two • RESOLUTION No. 22, Series of 1976, in support of Proposition No. 8 on the November ballot, was introduced and explained by the Town Manager. He stated that the proposition would require a deposit on beverage containers and their return and reuse. Councilman Donovan stated that the Town of Vail is environmentally oriented and should support such proposed measures. He then moved to approve the resolution; Councilwoman Klug seconded the motion; all present voted in favor; and the motion carried. RESOLUTION No. 23, Series of 1976, in opposition to Proposition No. 10 on the November ballot, was introduced. Mayor Dobson explained that the proposition was still tied up in the Supreme Court regarding whether it had been property placed on the ballot, but that the Town should act in case it is allowed to remain on the ballot. He stated that the __proposition would require all new taxes to go to a public vote and to pass by at least 51% of all registered voters in an area. Councilman Wilto moved to approve the resolution; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried. . RESOLUTION No. 24, Series of 1976, urging President Ford to sign into law H.R. 9719, was introduced. Mayor Dobson explained that this measure would provide payments in lieu of taxes to counties by the Federal govern- ment for Federally -owned land within those counties. He added that such payments would be of great benefit to Eagle County. Councilman Staufer moved to approve the resolution; Councilwoman Klug seconded the motion; all present voted in favor; and the motion carried. RESOLUTION No. 25, Series of 1976, in support of Proposition No. 5 on the November ballot, was introduced and explained by Mayor Dobson. He stated that the proposition would provide for county commissioners to set the salaries of all county elected officials. Councilman Wilto moved to approve the resolution; Councilman Donovan seconded the motion; all present voted in favor; and the motion carried. Mayor Dobson then read a resolution passed by the Vail Resort Association in support of a community civic auditorium and meeting facility on Site 24. The Mayor acknowledged receipt of the resolution and stated that the Council will consider it in its discussions of Site 24. There were no questions or further discussion. • Regarding implementation of the Mall Act, Mr. Rider asked the Council what kind of timetable it would like to set; when it would like to start the public hearings. He suggested the process begin in March, 1977, and the Council agreed. Regarding the Lionshead Theatre variance requests for lot size, shape of lot, distance between buildings, parking for theatre and parking for commercial space, Mrs.. Klug moved to table the requests for two weeks for further study; Mr. Donovan seconded the motion; all present voted in favor; and the motion carried. Regarding the Radio Vail request for a conditional use permit, Jim Lamont explained that the request was in order to relocate the station's transmitter and antenna. He stated that both the Planning Commission and the Community Development staff recommended approval. Councilman Donovan moved to approve the request; Councilman Heimbach seconded the motion; Mayor Dobson abstained from the vote; all others voted in favor; and the motion carried. Regarding the Gordon Miles variance requests for GRFA, separation between buildings and parking, Mr. Lamont explained that, at the last Council meeting the requests had been sent back to the Planning Commission for • further review. He stated that the Planning Commission now recommended approval of the site location and variances to allow 860 square feet of building. Jay Peterson, attorney for Mr. Miles, showed the Council his client's new plans and withdrew the parking variance request. Ms. Jonine i Minutes/Regular Meeting 19 October 1976 Page Three Hixson, a neighbor of Mr. Miles, stated that she was satisfied with the changes and that the proposed house was no longer offensive to her. Sandy Mills of the Planning Commission stated that Commission's fear of inverse condemnation if the applicant were not allowed to build some type of structure on his property. Councilman Ruder felt that 7 feet between buildings was a fire hazard, and the Council in general felt the site was too small. Mr. Peterson objected to the Council's denying his client a privilege others had enjoyed prior to the annexation of Bighorn. Mr. Lamont restated the Planning Commission's recommendation for approval based on its fear of inverse condemnation. Councilman Ruder moved to deny the requests; Councilman Wilto seconded the motion; Mrs. Klug voted against the motion; all others present voted in favor; and the motion carried. The requests were denied. Regarding the Poor Richards/Short Swing request for temporary parking on Town of Vail property, Mr. Lamont stated that the request was for the 1976-77 ski season only. He added that both the Planning Commission and the Community Development staff recommended approval. Councilman Donovan moved to approve the request for six months beginning on November 1, 1976; Councilman Staufer seconded the motion; all present voted in favor; and is the motion carried. Regarding the Manor Vail request for encroachment on Town of Vail property for trash enclosures, Mr, Lamont showed the Council drawings of the proposed enclosures and stated that Dick Elias of the Manor Vail was present for questions. He added that the Design Review Board had recommended approval. Mr. Rider suggested that the Council send a letter to the Manor Vail stating that approval of the request was a license granted at the Town's discretion and could be revocable in the future if any problems arose. He stated that such a letter would be consistent with past policy. Councilman Staufer moved to approve the request and to send a letter as outlined by Mr. Rider; Councilman Donovan seconded the motion; all present voted in favor; and the motion carried. Mike Palmer, owner of the Cornice, was not present, therefore discussion of the Cornice's parking situation was dropped. CITIZEN PARTICIPATION Mr. Lamont announced that the Planning Commission had earlier voted Pam Garton as its Chairman and Dan Corcoran as its Vice -Chairman. The Council offered its congratulations. With regard to the Vail Trails East and West parking situation, Councilman Staufer recommended granting them temporary parking permits similar to the one just granted to Poor Richards/Short Swing in order to ease their problems. Kent Rose, Public Works Director, stated that the two condominium complexes had just purchased the adjacent P-1 parking lot from Vail Associates and would be coming before the Council soon with landscaping plans, etc. Mr. Peterson stated for general information purposes that the SunVail project was back with the Design Review Board and with Eldon Beck and should be coming before the Council again soon. With no further business, the meeting was adjourned at 10:05 P.M. ay w ATTEST:' Town Clerk