HomeMy WebLinkAbout1976-06-15 Town Council MinutesMINUTES
REGULAR MEETING
VAIL TOWN COUNCIL
15 JUNE 1976
7:30 P.M.
The regular meeting of the Town Council of the Town of Vail,
Colorado, was convened at 7:30 P.M. on Tuesday, June 15, 1976,
in the Vail Municipal Building Council Chambers,
Mayor John Dobson and the following councilmembers were present:
Josef Staufer
Kathleen Klug
Bill Heimbach
Bob Ruder
Bill Wilto
Others present included:
to Terry Minger, Town Manager
Larry Rider, Town Attorney
Because Cordon Pierce, architect for the I-70 crossing, had to leave
the meeting early, the first topic on the agenda was a presentation
regarding the crossing. Mr. Pierce explained a model of the project
which he had displayed for the Council's review, He stated that the
bridge would be 370 feet long and about 13 feet wide and that the
covering would be made of tempered glass. The surface of the bridge
will be made of brick pavers. He felt the bridge could be completed
in 3 to 32 months. Eldon Beck explained the landscaping to be done
on either side of the crossing. Mr. Pierce also stated that the
project was proceeding on or under budget, including landscaping
costs. He added that there would be no separate pathway for bicycles.
ORDINANCE No. 15, Series of 1976, adopting the 1975 National Electric
Code, was introduced on first reading. Diana Toughill explained that
this ordinance was to replace the 1971 National Electric Code now
in effect. She added that the ordinance included a few minor amend-
ments to the 1975 Code. Lou Parker and Councilman Ruder questioned
why the new fees were so high. The Town Attorney stated that the
fees could be reviewed and changed if desired by second reading.
Councilman Ruder moved to approve the ordinance on first reading,
subject to changing the fee structure and to adding a repeal section;
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.
ORDINANCE No. 16, Series of 1976, amending the Zoning Ordinance to
permit the grazing of horses in Residential Cluster and Low Density
Multiple Family zones, was introduced on first reading. The Mayor
and the Town Attorney explained that since notice of the hearing on
this ordinance had been published, the ordinance had to appear on
the agenda for tonight. They added that since the Council had not
had time to review the ordinance, they may want to table it until
the next regular meeting. Diana Toughill explained that the Community
Development Department had had several requests from property owners
in the Bighorn area to permit grazing in their area. She added that
she had researched the matter and had found that other municipalities
and counties permitted horses without problem. She also had contacted
a local veterinarian and the State Humane Society for recommendations.
Ron Riley, a property owner in the area, added his comments that the
neighborhood appeared to have no objections. Councilman Wilto questioned
whether 15 days after notification to adjacent property owners was enough
Minutes/Regular Meeting
16 June 1976
Page Two
• time to allow them to respond, noting that lack of response constituted
approval according to the ordinance. He also felt a more precise
definition of "property owner" was necessary, perhaps including
condominium associations as representatives of their member property
owners. The Mayor suggested tabling the ordinance until the next regular
meeting, making the appropriate changes, then hearing the ordinance on
first reading. The Town Manager voiced his objections to allowing
horses within the Town limits again, stating that there was not enough
land in the Bighorn area to allow riding without using the public streets.
He stated, however, that he was willing to try the arrangement for the
summer if the Council wanted to do it. 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.
ORDINANCE No. 17, Series of 1976, amending the Zoning Ordinance to permit
private clubs in the Medium Density Multiple Family zone as a conditional
use, was introduced on first reading. Diana Toughill also explained
that this amendment was requested by various property owners, namely
the Vail Racquet Club, to allow a bar within their complex. Councilman
. Staufer moved to approve the ordinance on first reading; Councilman Ruder
seconded the motion; all present voted in favor; and the motion carried.
The Town Clerk was instructed to have the ordinance published in full.
RESOLUTION No. 9, Series of 1976, providing for participation in the
Federally subsidized flood insurance program, was introduced and
explained by Dennis Murphy, Environmental Health Officer. He stated
that Eagle County has adopted the Federally subsidized flood insurance
program and has included the Town of Vail. He added that Resolution
Nos. 9 and 10 were necessary for the Town to handle the administrative
aspects of the program. He explained that RESOLUTION No. 10 provides
that all new buildings in flood plain areas must be built to applicable
zoning regulations and that the owners must purchase the flood insurance
in order to qualify for Federal financing. Councilman Ruder asked who
determines where the flood plain lies. Jim Lamont stated that a state
study has determined the area. Councilman Staufer moved to approve
both Resolution No. 9 and Resolution No. 10; Councilman Heimbach
seconded the motion; Councilmen Staufer and Heimbach,.Council.woman Klug,
and the Mayor voted in favor; Councilman Ruder voted against; and
Councilman Wilto abstained; and the motion carried by a vote of 4-1.
With regard to the Town of Vail's request for a conditional use permit
to allow an ice arena and public facility in a Medium Density Multiple
Family zone and a High Density Multiple Family zone, Mery Lapin asked
what would happen to West Meadow Drive which crosses Site 24, Mr.
Minger stated that it would be relocated slightly, but that it still
would be just a bus and pedestrian route. Mrs. Rosenthal, a condominium
owner in the Vail International building, asked how far the proposed
structure would be located from the Vail International property line.
Mr. Minger replied that the distance would be about 80 feet. Eldon
Beck then explained that the structure was scheduled to be built about
14 feet below current grade and that the design approach was to be
very careful to respect the concerns of the area's residents. Council-
man Heimbach stated that a public presentation by the project's architects
was scheduled for the July 20 regular meeting. Lou Parker stated that if
a condominium building were to be built on Site 24, the building mass
would be much greater than the proposed ice structure; that there would
be much less than 80 feet to the Vail International property line in that
event. Dr. Tom Steinberg reminded the Council that according to a
former agreement with Vail Associates, formulated at the time the Town
acquired Site 24, there are certain height restrictions and a provision
that the Town respect the views of neighboring buildings when erecting
a structure on the site. Jim Lamont stated that the Planning Commission
had recommended approval of the Town's request for a conditional use
Minutes/Regular Meeting
15 June 1976
Page Three
. permit. Councilman Wilto then moved to approve the Town's request;
Councilman Staufer seconded the motion; all present voted in favor;
and the motion carried.
With regard to the Interfaith Chapel's request for a conditional
use permit to allow an addition to the Chapel in an Agricultural
zone, Mrs. Toughill explained the Chapel's request and showed its
plans to the Council. There were no questions, and Councilman Ruder
moved to approve the request; Councilwoman Klug seconded the motion;
all present voted in favor; and the motion carried.
With regard to Phase I of the Vail Village Inn Special Development
District, Eldon Beck explained that the project was well scaled to
the rest of the village and in keeping with the original architecture.
Diana Toughill stated that the special development district ordinance
provides for the submittal of a complete Environmental Impact Statement
before construction is begun. She added that an EIS had been submitted,
but that more complete information is needed; however Phase I could
begin since the needed data does not affect that portion of the project.
She stated that the additional data is needed by July 31, however.
Architect Bill Ruoff stated that a fence would be erected between
the construction and East Meadow Drive for safety purposes. Council-
man Wilto moved to approve Phase I, subject to the submittal of an
acceptable EIS by July 31; Councilman Ruder seconded the motion;
Councilman Staufer abstained; all others present voted in favor; and
the motion carried.
TOWN MANAGER REPORTS
Mr. Minger reported that two positive cases of plague in Richardson's
ground squirrels have been reported in the Vail area by the State
Department of Health. He stated that the disease is transmitted by
the bite of certain fleas carried by the ground squirrels and is
not usually common to humans .or dogs. He outlined several preventive
measures and stated that the Town is spraying the ground squirrel
colonies to kill the fleas. He asked citizens to call the Town offices
for information and noted that the local veterinarians and the Vail
Clinic are equipped to deal with the disease. He urged public coopera-
tion in controlling pets until the plague is controlled.
TOWN ATTORNEY REPORTS
. Mr. Rider stated that in addition to the plague, -the Town is now being
sued by Ma Bell. He explained that because of the Supreme Court decision
in Foster Lumber v. Minturn, which overturned a Minturn occupation tax
as being an unconstitutional "income tax" because it was based on a
percentage of gross receipts, Mountain Bell has sued a number of
municipalities in the State to have similar taxes on the telephone
utility clarified. He stated that the telephone company, however, seems
to be willing to negotiate contracts for the same fees.
CITIZEN PARTICIPATION
Rob Buterbaugh asked how the enactment of Ordinance No. 17, pertaining
to private clubs, would affect the Liquor Code. Mr. Rider was not
certain but promised to find out prior to the next regular meeting.
Jim Slevin expressed his objections to the high property assessments
just received from the County Assessor's office. He asked the Council
to consider hiring a tax attorney to protest. Councilman Heimbach felt
that it was not politically a good time to undertake such a protest,
considering the proposed County sales tax, etc. The Town Attorney
. stated that the County is not being arbitrary, but that°by law all
County Assessors had to bring assessments up to the statutory level
this year. He added that each aggrieved taxpayer should protest to
Minutes/Regular Meeting
15 June 1976
Page Four
• the County and petition for a hearing which has to be held by June 30.
Mery Lapin added that the Town can lower its mill levy to make up for
the higher assessments. He urged everyone who is discontented to
protest to the County, adding that he had found some math errors as
well. He further stated that the Board of Equalization has set the
assessments at 222% but that the County had assessed at 30%, so a
reduction was due. Stan Bernstein, Finance Director, stated that
the Town staff is currently looking at a mill levy change.
With no further business, the meeting was adjourned at 10:25 P.M.
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• ATTEST:
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Town Clerk
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