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HomeMy WebLinkAbout1976-05-18 Town Council Minutes• MINUTES REGULAR MEETING VAIL TOWN COUNCIL 18 MAY 1976 The regular meeting of the Town Council of the Town of Vail, Colorado, was convened at 7:30 P.M. on Tuesday, May 18, 1976, in the Vail Municipal Building Council Chambers. Mayor Pro Tem Josef Staufer and the following councilmembers were present: Bill Heimbach Kathleen Klug John Donovan Bill Wilto Bob Ruder 40 Others present included: Terrell J. Minger, Town Manager Lawrence C. Rider, Town Attorney ORDINANCE No. 12, Series of 1976, rezoning certain parcels of land to a Parking Zone District, was introduced on second reading. The Mayor Pro Tem and Diana Toughill briefly explained that the property was being rezoned at the owners' request. Councilman Donovan moved to approve the ordinance on second reading and to publish it by title only; Councilwoman Klug 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. 13, Series of 1976, regarding Sign Code amendments to the Zoning Ordinance, was introduced on first reading. Sign Admin- istrator Jo Kramer explained the necessity to amend the Sign Code with regard to providing new definitions for mural or supergraphic, Design Review Board, and sign; providing regulations in relation to political signs; amending the provisions as to the size of wall signs: single business use; individual businesses within a multi -tenant • building and projecting and hanging signs; single business use; amending the provisions as to the number of wall signs, free standing signs, projecting and hanging signs: joint directory signs for a multi -tenant building; and residential name plate signs. Councilman Wilto moved to approve the ordinance on first reading; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was instructed to have the ordinance published in full on first reading. ORDINANCE No. 14, Series of 1976, regarding swimming pool regulations, was introduced on first reading. Mr. Minger explained that he and the Town Attorney had discussed the ordinance and both felt that it was not complete in its present form, and suggested that the Council table the ordinance until a later date. Mr. Minger felt that the ordinance could be reworked and considered at the next regular meeting. Councilwoman Klug asked to go on record as being for an ordinance of this type, but felt that this form of it should be tabled. Mr. Staufer explained that the proposed ordinance would require all swimming pools to be fenced in some way. Mr. Minger explained that the present form of the ordinance was unclear in regard to what constituted a fence, how to administer the ordinance, etc. Dick Elias expressed his opposition to requiring such fencing at all. Councilmembers Klug and Donovan defended the need for such requirements, and the Mayor Pro Tem expressed his opposition. Councilman Donovan then moved to table the ordinance until the next regular meeting; Councilman Heimbach seconded the motion; all present voted in favor; the motion carried. Minutes/Regular Meeting May 18, 1976 Page Two RESOLUTION No. 8, Series of 1976, regarding Library funding, was introduced and explained by the Town Manager. He stated that the resolution would authorize the execution of an agreement between the Vail Public Library and the County Library whereby about 22% of the moneys collected through a mill levy for library purposes would be refunded to the Town's library by the County. Councilman Heimbach moved to approve the resolution; Councilwoman Klug.seconded the motion; all present voted in favor; and the motion carried. With regard to various variance requests, Jim Lamont explained the request by the Plaza Building for parking and offset variances to increase the dwelling unit size. He stated that the Planning Commission and the staff had recommended approval. Councilman Heimbach moved to approve the request subject to the signing of a parking contract; Councilman Wilto seconded the motion; all present voted in favor; and the motion carried. With regard to the Schober Building's request for a parking variance, Diana Toughill explained that the Planning Commission had recommended approval subject to the signing of a parking contract. Mery Lapin and • Lou Parker both expressed their wishes that the Council deny the request. Councilman Donovan also opposed granting the variance, although Councilman Heimbach and Community Development Director Jim Lamont favored granting the request. Councilman Ruder moved to approve the request subject to the signing of a parking contract; Councilman Heimbach seconded the motion; Councilmembers Heimbach, Klug, Wilto, and Ruder voted in favor; Councilman Donovan voted against; and the motion carried. With regard to the Kaleidoscope request for a sign variance, Jo Kramer explained that the Design Review Board and the staff had recommended denial since they felt that the request was based on economic reasons, which are not provided for by ordinance. Lee Caroselli, the sign maker, expressed her wishes that the Council would approve the request. Lou Parker reiterated the,Design Review Board's disapproval. Mr. Staufer asked the Town Attorney for his opinion regarding the economic basis, and Mr. Rider replied that the ordinance states that a variance cannot be granted due to economic hardship to the applicant. Councilman Wilto then moved to deny the request; Councilman Donovan, in a reversal of his original opinion, seconded the motion; Councilmen Heimbach, Donovan, Wilto, and Ruder • voted in favor; Councilwoman Klug voted against; and the motion carried. With regard to the Crossroads request for a sign variance, Jo Kramer explained that the applicant wishes to add the words "Shopping Center" to the existing "Crossroads at Vail" sign. She stated that both the Design Review Board and the staff recommended denial. Mery Lapin expressed the hope that the Council would approve the request, and Hemmie Westbye suggested eliminating the word "Crossroads" and adding the words "Shopping Center". There was some discussion regarding how to word the sign in order to comply with the size limitations. Based on the request as it was submitted, Councilman Heimbach moved to deny it; Councilman Ruder seconded the motion, Councilmen Heimbach, Donovan, Wilto, and Ruder voted in favor; Councilwoman Klug voted against; and the motion carried. With regard to the public administrative hearing on the proposed East Meadow Drive pedestrianization, the Town Manager explained that no decisions would be made tonight, but that this was a chance for the public to make its feelings known. Mr. Minger referred to the original Master Plan for Vail which addressed itself to a pedestrian village. He also referred to the Checkpoint Charlie gate, the Lionshead pedes- trianization, the Transportation Center, and the current Vail Plan as factors in the pedestrian village concept. He added that there have never been any plans to restrict delivery truck access or vehicular access to the Crossroads. The Town Attorney then briefly explained Minutes/Regular Meeting May 18, 1976 Page Three Colorado's Mall Act and its implementation. He stated that the Town Council could decide to close the streets, and that abutting property owners had the right to file claims for damages resulting from such closures. He added that if the Council chose to deny those claims, said property owners could appeal that decision to the Courts for determination of damages. He likened the proceeding to an eminent domain or condemnation proceeding. He stated that alternative access of some type must be provided when closing the streets. Mr. Rider further explained that Vail Associates had originally granted an easement in the streets -to each owner —of -property in the village, since at that time there was no public entity to maintain the streets. Subsequently, the Town of Vail was incorporated, but the easements still appear on record. He stated that in order to determine the current nature of those easements, the Town has filed a quiet title action in the District Court, through which the Court will determine whether the Town or the original easement holders has a superior interest in the streets. Upon that determination the Town will proceed to implement the Mall Act. He estimated a decision by the Court on the quiet title action by August, and stated his feeling that the Court would probably rule that the easements were merged in the dedication of the streets to the Town by Vail Associates. Mr. • Minger expressed his regret that John Amato, champion of the opposing view, could not be present tonight. Mery Lapin asked what consideration has been given to providing alternative access to affected properties. Mr. Rider assured him that alternative access would be provided, although in what manner had not yet been determined. Jim Lamont, using maps to show the Council and staff recommendations, then explained that the affected parties held opposing views, the merchants in the area being opposed to the closing, and the residents being in favor. He read the various letters and petitions for the record and then explained the staff recommendation to close both East Meadow Drive up to the Crossroads from the West and Willow Bridge Road in its entirety except for access to the Talisman and the Village Center. He then explained the Town Council's recommendation to close East Meadow Drive as indicated and to make Willow Bridge Road one-way going North with one side of the road designated for pedestrian traffic. The Council then heard a great deal of heated discussion from.members of the public regarding phasing the pedestrianization, providing sidewalks rather than pedestrianizing, providing more closure rather than less, the difficulty of snow removal for sidewalks, and various other comments pro and con. In response to the question of why the closure of both roads could not be accomplished immediately, as recommendediby the Town . staff, the Town Attorney replied that he had recommended waiting for the quiet title determination before closing Willow Bridge Road, but that he felt the portion of East Meadow Drive could be closed by vacating that section and having it rededicated to the Town by the easement holders. Bill Bower, owner of the Kiandra-Talisman, asked that the fact that he has not been contacted regarding the vacation method of closing the street be put on the record. He added, however, that he had no objection to that method, but that he would like to be a party to the decision. Mr. Staufer added his agreement as a property owner similarly affected. After some comments of his own, the Mayor Pro Tem concluded the discussion and asked for reports from the Town Manager. TOWN MANAGER REPORTS With regard to the 1-70 overpass, Mr. Minger stated that he and Kent Rose had met with representatives of the Highway Department, and that Vail was scheduled to receive $280,000.00 of Federal money for the crossing construction. He stated that 3 weeks of advertising for bids would begin June 5; hopefully, construction would begin by July l; and the usable portion could be finished by October. 0 Minutes/Regular Meeting May 18, 1976 Page Four • With regard to the Ice Arena, Mr. Minger stated that an agreement had been signed with the anonymous donor for a gift of $355,000.00. He added that a contract has been signed with Holmsten Ice Rinks, Inc. to build the ice. He predicted the Town would have a patch of ice by the end of the year. With regard to the Bighorn Street Improvement District, Mr. Minger stated that at 7:30 P.M. on May 25, 1976, the Council would conduct a public hearing to listen to comments, protests, etc. from affected property owners within that proposed paving district He stated that if the Council receives protests from 50% or more of the affected property owners, the proposed district would be defeated. Mr. Rider added that 50% would be determined on the basis of one property owner/ one vote. TOWN ATTORNEY REPORTS With regard to the current recodification of the Town Code, Mr. Rider stated that estimates from Book Publishing Company indicate that the Council should have a preliminary draft to review by June. • Councilman Heimbach then announced that the Council now has its own conference room which would be manned by various members of the Council every Wednesday from 11:00 A.M. to 5:00 P.M., beginning June 16, so that members of the public could stop by to discuss whatever matters they might have. CITIZEN PARTICIPATION Lou Parker asked if the Council could pressure the Post Office to change its newly restrictive hours of operation. Mr. Minger suggested that the Council adopt a resolution indicating that the current hours are not appropriate to serve the public. Councilman Donovan suggested that the Council direct Mr. Minger to take up the matter with the Postmaster, and that if action does not result, then the Council would adopt such a resolution. With no further business, the meeting was adjourned at 10:30 P.M. a r Pro Tem ATTEST: Town Clerk F