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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. a r • ATTEST: / 'I�A' 0 W, e" /" �' 6 Z � Town Clerk a