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.
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ATTEST:'
Town Clerk