HomeMy WebLinkAbout1976-03-02 Town Council Minutes• MINUTES
VAIL TOWN COUNCIL
REGULAR MEETING
MARCH 2, 1976
The regular meeting of the Town Council of the Town of Vail,
Colorado, was convened at 7:30 P.M. on Tuesday, March 2, 1976,
in the Vail Municipal Building Council Chambers.
Mayor John Dobson and the following council members were present:
John Donovan
Bill Heimbach
Kathleen Klug
Bob Ruder
Joseph Staufer
Bill Wilto
Also present were:
Gene Smith, Specil Town Council
Larry Rider, Town Attorney
Terrell J. Minger, Town Manager
Sam Maphis, Briscoe, Murray, Maphis, and Lamont
Eldon Beck, Royston, Hanamoto, Beck & Abbey
Gordon Pierce, Pierce Briner & Fitzhugh Scott Architects & Planners
(The tape began after the official opening of the meeting)
Jim Lamont, of the Community Development Department of the Town of
Vail, introduced the meeting as the second Public Hearing on the
Lions Ridge Annexation, there being two special development dis-
tricts to consider.
Special Development District No. 4 discussion was begun by Paul
Schlauch, the attorney representing Koebel and the Gore Creek
Associates, the partnership that owns the property in the proposed
district. He offered two very technical amendments to the ordinance.
He also questioned the council for clarification of a few specific
• points in the Special Development District: he read the points and
gave his own interpretaion and wanted confirmation as to whether the
intent was as his client interpreted. His concerns involved paragraphs
K, L, and M, pages 9 and 10.
Mayor Dobson spoke into the record in response to the specific inquiries;
1. Regarding the semantics of "limited partnership", "there's no
problem".
2. Regarding paragraph K, subparagraph 2; "the developer shall
improve in the building construction energy and water conser-
vation controls as general technology exists at the time of
construction": Mr. Schlauch wanted clarification of general
technology. Mr. Rider, Town Attorney, spoke for the council
saying that their concern was to get as good of construction
for water and energy as possible.
3, Regarding paragraph L, subparagraph 1-A; "the developer is
required to provide a bike and pedestrian path": Mr. Schlauch
interpreted this to mean that the developer dedicate or pro-
vide an easement or a right-of-way, or in the alternative,
provide the full amenity but in return, receive an amenities
• tax credit for that. Mayor Dobson confirmed, saying "if the
developer made the improvement, the credit would be applicable.
If he chose not to, the easement will be provided and the Town
would make the improvement".
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VAIL TOWN COUNCIL
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MARCH 2, 1976
PAGE 2
4. Regarding paragraph M, subparagraph l; "the developer shall
provide adequate transportation services to users and guests
of the development as to transfer them from the development to
the village core area, etc,": Gene Smith agreed that the word-
ing was not clear enough so Diana Toughill, of the Community
Development Department, and Paul Schlauch met and Mr. Rider approved
and the wording was changed to read; ""developers shall provide
adequate private transportation service, etc", the insertion of
the word "private" being the only change.
Councilman Heimbach moved to approve Ordinance 5-76 on second reading;
Councilman Wilto seconded the motion; all present voted in favor; and
the motion carried,
• ORDINANCE -76, an ordinance amending the official zoning map of the Town
of Vail and imposing zoning districts on the Lions Ridge area annexed to
the Town, was presented on second reading.
Councilman Wilto moved to approve the ordinance; Councilman Heimbach
seconded the motion; all present voted in favor with the exception
of Councilwoman Klug who abstained; and the motion carried.
Mr. Rider suggested that since there have been no changes since the first
publication of the ordinance that it might be published by title only.
A member of the audience challenged that it was published in full the first
time, Mr. Lamont supported that challenge; and Mr. Rider withdrew his
suggestion since the ordinance has to at least once be printed in full.
The formal motion made to accept Mr. Rider's suggestion was withdrawn.
ORDINANCE No. 4-76, an ordinance amending the official zoning map of the
Town of Vail and imposing zoning districts on the Lions Ridge area annexed
to the Town, was presented by Mr. Lamont on second reading. Stu Brown,
attorney, spoke representing the following owners of land in the area
which is subject to this zoning ordinance: Courchevel, Lot B-1 and B-2,
Willis Nottingham, Lot A-7, Lot A-8 for Leo Payne, and Lot A-9 for Dean
•` Knox. Mr. Brown recited, client by client,.their position. .(As much of
the proceeding is inaudible or only partially so, an accurate record is
very difficult). He summarized all the presentations by saying that the
underlying principle to which he refers, is the principle that pertains
in all zoning: that unreasonable diminishment in an owner's property with-
out justifiable exercise of the police power for the general public good
is unreasonable and confiscatory. "This issue will be raised and brought
to a non profit forum." He concluded that this was more a notice of intent
rather than of any constructive attempt to bring to compromise in any one
of these cases at this late date.
Joseph Sylvester, representing the Snow Lion condominium owners, twenty-six
in all, stated for the record that he does not agree with the comments
presented by the previous speaker (Mr. Brown), that he feels the zoning
is proper and should proceed as it is proposed.
Mr. Rider spoke for the council for the record: he thinks we've dis-
cussed a number of times in the Public Hearings the reasons why the
council and the Planning Commission have done what they've done and
thinksthe record should speak for itself.
Ralph Sloan of Colorado Investment Services went -on record.to agree with Mr.
Brown: "in the acquisition of the zoning Ordinance in the balance of
the Vail Run property I will continue to fight to nullify the annexation to
the Town of Vail, and if unsuccessful in that method, I will continue any
legal matters necessary to get legal compensation and just compensation
for the downzoning of the balance of the Block C development."
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MARCH 2, 1976
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Steve Mullens, President of Mountain Properties, representing Lot
A-3, presented a letter from the owners of Lots A-1 and A-2 which
gave a right-of-way access through their lots to Lot A-3. Mr. Mullen
was requesting equal zoning for the three lots and the architect was
supposed to have been present so that the architectural drawings of
the proposed development could have been considered.
Councilman Staufer spoke in favor of Mr..Mullens' request, remind-
ing the council that they had postponed the same request at a pre-
vious hearing until a letter of acceptance from the owners of A-1
and A-2 was received; Mr. Mullen's now has it; and the council
should be obligated to stand behind their promise.
The council discussed changing the zoning on A-3 from agricultural
to residential cluster; there was debate as to whether the council
would be binding the developer to no future request for density trans-
fer or not.
Councilman Wilto moved to amend Ordinance 4-76 to provide that Lot
A-3 be zoned RC (residential cluster) rather than agricultural;
Councilwoman Klug seconded the motion; all present voted in favor
with the exception of one nay, Bill Heimbach; and the motion
carried.
Mayor Dobson entertained the motion that Ordinance 4-76, an ordi-
nance amending the official zoning map of the Town of Vail and
imposing zoning districts on the Lions Ridge area annexed to the
Town, be approved on second reading as amended: Councilman Donovan
seconded the motion: a roll call vote was taken (the voting record
is mostly inaudible: the best that can be determined is): Council-
man Staufer, inaudible; Councilman Klug, approve with the exception
of the abstention of the Block C, Lots 6,7,8,9,10, and 11, Lions Ridge
filing No. 1; Councilman Heimbach, approve with the exception of the
amendment on Lot A-3; Councilman Wilto, approve; Councilman Donovan,
. inaudible; and Councilman Ruder, approve with an abstentian on the
McAllister, Fleming Lumber, and Willis Nottingham parcels: and the
motion carried.
ORDINANCE 7-76, an ordinance establishing Special Development District
6 and amending the zoning ordinance and the official zoning map was
introduced on first reading. Mr. Lamont presented the history of the
development of the project, described the location, and stated the
owner's zoning request. Bill Ruoff, the architect for the project,
reviewed the architectural drawings, described the existing zoning
for the land and the potential development allowable with the present
zoning, then presented the alternative project possibilities available
with the creation of a Special Development District supported with
the proposed building drawings.
Eldon Beck of Royston, Hanamoto, Beck, and Abbey, went through the
thought process which produced the request for a Special Development
District. He recommended approval for the SDD which he clarified
as being the permission to proceed in a creative way within the con-
straints assigned by this plan, not an endorsement of this specific
• plan.
Mayor Dobson stated that the Planning and Zoning Committee and the
council and the Design Review Board are all very familiar with the
project after many formal and informal meetings on the plan; that
the Pilanning Commission approved; and the staff recommends approval.
Questions from the floor addressed the general zoning philosophy of
the Town of Vail.
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VAIL TOWN COUNCIL
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MARCH 2, 1976
PAGE 4
Councilman Wilto moved to approve Ordinance 7-76 on first reading;
Councilman Heimbach seconded the motion; all present voted in favor;
and the motion carried.
ORDINANCE 8-76, an ordinance authorizing the Town of Vail to make a
special endorsement on a $30,000 promissory note fo the Vail Centen-
nial Ski Museum, Inc., to accommodate it in obtaining a loan from
the Bank of Vail for the Colorado Ski Museum, was presented on first
reading. Mayor Dobson added that this is a note that would be signed
jointly by the Town of Vail and Vail Associates and will not incur
any outlay of cash.
Councilman Donovan moved to approve Ordinance 8-76 on first reading;
• Councilman Wilto seconded the motion; all present voted in favor;
and the motion carried.
PRESENTATIONS
In regard to the Vail Associates/U.S. Forest Service land exchange
proposal, Roger Tilkemeir made a statement on behalf of Vail Associates.
He read a letter which had been sent to Terrell Minger and one sent to
Mr. Nunn of the U.S.F.S.: VA was asking the Forest Service to hold
the documents to provide additional time for VA to further consider
the merits of the proposed VA/USFS land exchange.
The Mayor said that in view of VA's request and the council's feelings,
the TOV is sending the following letter to Ernie Nunn of the Forest
Service, the letter meant :that the situation is open for considerably
more discussion and no action will be taken by the council without a
Public Hearing in connection w1th it.
Discussion included a statement from Mr. Nunn who said that the Forest
Service will not act on a land exchange until they have support from
• the Town of Vail and Eagle County Commissioners.
In regard to the I-70 crossing, Mayor Dobson introduced the presentation
by saying that a team of professionals have been brought in to help
guide the project. Mr. Minger went over the history of the highway
crossing development, described plan options on how to proceed with the
planning and the consequesnces of difference choices, and gave the names
of the professional consultants comprising the design team used by the
TOV on the project thus far. In order to meet the deadline,of May 15,
1976, to received the highway funding, the decision by the council on
an over or under pass must be made by March 16, 1976. The funding is
being provided, 80% by the federal government, up to a total of $350,000,
a $250,000 general obligation bond issue voted on by the people of Vail,
plus Vail Associates have promised to share any costs over $250,000 on
a 50-50 basis.
Mr. Minger then read the list of goals and objectives as the design
team had drawn them up -
I. That we permit pedestrians and bicycles across I-70
between Lionshead and Sandstone 70 and Vail West.
2. That we place emphasis on serving the area resident
whoever works, plays, lives in that general area,
i.e. elementary school children at the K-4 school,
the general public, tourists, etc.
3. That we discourage the use of private automobiles.
4. That we maximize the use of the valley bus system.
5. That we create a significant symbolic psychological
sociological tie as well as physical tie between the
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REGULAR MEETING
MARCH 2, 1976
PAGE 5
various neighborhoods bisected by I-70.
6. That we create the minimal environmental impact.
7. That we enhance, when possible, the interstate
highway corridor.
8. That we physically separate pedestrians and motorized
vehicles.
9. That we create and extend the pedestrian and bicycle
movement systems and linkage with the rest of the town.
10. That the crossage and linkage tie into the rest of the
bicycle trails.
11. That we maintain the fiscal integrity of the proposed
budget.
12. That we achieve the best social and consistent desires
of the citizens of Vail.
13. That we create a highway crossing that's compatible with
the Gore Valley and the unique quality of Vail.
14. That we assure that the safety and well being of the
people using the facility receives highest priority
and attention.
15. That we create a positive pleasurable experience in cross-
ing that is consistent with the unique qualities in the
character of Vail.
Councilman Donovan moved that the Goals and Objectives as outlined
here, 1-15, be adopted as the criterion for arriving at the best
possible solution for the I-70 highway crossing; Councilwoman
Klug seconded the motion; all present voted in favor; and the
motion passed.
Mr. Sam Maphis presented the highway departmentrequirements and
some engineering requirements; Gordon Pierce addressed some pre-
liminary ideas and sketches and cost comparision in relation with
architectural designs, giving a progress report, not a final de-
sign; Eldon Beck discussed landscaping development philosophy
in conjunction with aesthetic considerations; and Kent Rose out-
lined the history of the development of the citizen's advisory
group and defined their purpose. Discussion followed (much of
the discussion is inaudible due to two sound tracks). Mayor Dob-
son wrapped up the public discussion, encouraging more of the
same kind of interaction in the next two weeks.
As there was no further business, the meeting was adjourned.
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