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