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HomeMy WebLinkAbout1976-09-07 Town Council MinutesMINUTES REGULAR MEETING VAIL TOWN COUNCIL 7 SEPTEMBER 1976 The regular meeting of the Town Council of the Town of Vail, Colorado, was convened at 7:30 P.M.on Tuesday, September 7, 1976, in the Vail Municipal Building Council Chambers. Mayor John Dobson and the following counciimembers were present: Josef Staufer John Donovan Bill Heimbach Bob Ruder Others present included: Terrell J. Minger, Town Manager Larry Rider, Town Attorney ORDINANCE No. 21, Series of 1976, expressly repealing certain ordinances with regard to the Town Code, was introduced on second reading. Mr. Rider explained that this ordinance repeals certain ordinances superseded or in conflict with the Town Code. Councilman Donovan moved to approve the ordinance on second reading; Councilman Staufer - _seconded the motion; all present voted in ffavor; and the motion carried. The Town Clerk was instructed to have the ordinan a published by title only. ORDINANCE No. 22, Series of 1976, making a supplemental appropriation from the General Fund, was introduced on second reading. The Mayor explained that the appropriation was to extend the Vail Contempra Brass Consort's summer contract. Councilman Ruder moved to approve the ordinance on second reading; Councilman Donovan 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. 23, Series of 1976. regarding short term borrowing, was introduced on first reading. Mr. Bob Bacchus, bond attorney, read the title of this enablish legislation into the record: "An ordinance to contract a special and limited obligation on behalf of the Town of Vail, Colorado, by issuing its short-term notes in the aggregate principal amount not exceeding $500,000.00 in anticipation of the collection of sales tax revenues for the months of November and December, 1976, said notes to mature on or before May 31, 1977, for the purpose of defraying current expenses and meeting current contractual obligations of the Town; prescribing the form of said short-term notes; and providing for the collection and application of sales tax revenues of the Town of Vail to pay said short- term notes and the interest thereon; providing an agreement by the Town to continue the levy of its sales tax for the months of November and December, 1976 to provide revenues to pay said short-term notes, including but not limited to covenants and agreements in connection therewith, and repealing all ordinances in conflict herewith." Councilman Donovan moved to approve the ordinance on first reading; Councilman Staufer 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. 24, Series of 1976, regarding Interstate-70 overpass bonds, was introduced on first reading. Mr. Bacchus again read the title into the record: "An ordinance to contract an indebtedness on behalf of the Town of Vail, Colorado, and upon the credit thereof, by issuing General Obligation Bonds of said Town in the principal amount of $300,000 for the purpose of paying, in whole or in part, the cost of acquiring, constructing and equipping a pedestrian overpass and site therefor, together with all necessary incidentals; prescribing the form of said bonds; and providing r Minutes/Regular Meeting 7 September 1976 Page Two for the levy of taxes and for the Town of Vail to pay said man Heimbach moved to approve Donovan seconded the motion; carried. The Town Clerk was in full. the application of sales tax revenues of bonds and the interest thereon." Council - the ordinance on first reading; Councilman all present voted in favor; and the motion instructed to have the ordinance published ORDINANCE No. 25, Series of 1976, regarding a supplemental appropriation from the General Fund and the Open Space/Capital Improvements Fund, was introduced on first reading. The Town Manager explained that these appropriations had been previously approved by the Council and were $4,000 for publication of the Town's Zoning Ordinance, $15,000 for air conditioning for the VRA space in the Transportation Center ($5,000 to be paid by the Town and $10,000 to be reimbursed by the VRA), and $54,000 to replaces two bridges in Bighorn. Councilman Ruder moved to approve the ordinance on first reading; Councilman Donovan 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. 26, Series of 1976, regarding advanced refunding of General Obligation Bonds, was introduced on first reading. Stan Bernstein explained that the ordinance provides for a debt restructuring,j of the Town's parking structure bonds and land acquisition bonds. He added that the Town would be realizing a $284,000 present value savings. Mr. Bacchus read the title of the ordinance into the record: "An ordinance authorizing the sale and issuance of general obligation refunding bonds, dated November 1, 1976, in the principal amount of $6,345,000, of the Town of Vail, Colorado, for the purpose of refunding general obligation bonds, series March 1, 1974, outstanding in the amount of $5,485,000 and general obligation bonds, series December 1, 1975, outstanding in the amount of $860,000; providing for the establishment of an escrow account for the payment and redemption of the outstanding bonds to be refunded; prescribing the form of said bonds; providing for the levy of taxes and for the application of certain sales tax revenues to pay said refunding bonds and the interest thereon; and prescribing other details in connection therewith". Councilman Donovan 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. RESOLUTION NO. 15, Series of 1976, regarding the Bighorn street assessment bonds, was introduced by Mr. Bacchus who read the title into the record: "Concerning the public sale of Special Assessment bonds of the Town of Vail, for Town of Vail, Colorado, Street Improvement District No. 1, and authorizing notice thereof". He explained that the resolution concerned $570,000 in bonds. Councilman Donovan stated in answer to some accusations that he has no financial interest in this contract. Councilman Ruder moved to approve the resolution; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was instructed to have the resolution published in full. RESOLUTION No. 16, Series of 1976, regarding sale of the Cable TV system and assignment of the franchise, was introduced. Jim Lamont explained that the resolution regarded.the sale of the franchise to Frank Thompson from CTI;, that Mr. Thompson had been investigated and found to be of good character and experience and with a sound financial background. He added that the Planning Commission had recommended approval of the sale. Councilman Heimbach moved to approve the resolution; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried. RESOLUTION No. 17, Series of 1976, regarding use of the K-4 elementary school, was introduced. Mr. Minger explained that the resolution authorizes the Town Manager to sign an agreement between the Town and the School District for the Town to use the gymnasium and the stage during non -school hours in return for the Town's donating the land for the school site. He added that the agreement included use of one meeting room and a weight room. Councilman Donovan moved , Minutes/Regular Meeting 7 September 1976 Page Three to approve the resolution; Councilman Staufer seconded the motion; all present voted in favor; and the motion carried. RESOLUTION No. 18, Series of 1976, regarding the Town's "Goals and Objectives", was introduced. Mr. Minger explained that the resolution would adopt the Goals Statement and so direct future policy. The Mayor commended the numerous people who had spent many hours on the document. Councilman Heimbach moved to approve the resolution; Councilman Donovan seconded the motion; all present voted in favor; and the motion carried. With regard to A & D Enterprises' request for a conditional use permit, Diana Toughill explained that the applicant had asked that the matter be deferred to the Planning Commission for furtherstudy prior to being presented to the Council. With regard to the Cornice's request for a conditional use permit, Ms. Toughill explained that the applicant also had asked that the matter be deferred to the Planning Commission for further study. With regard to AAA Acme Haircutting Co.'s request for a conditional use permit, Ms. Toughill explained that the request was to convert former office space in the Mill Creek Court Building into a hairdressing shop. She added that both the Planning Commission and the staff recommended approval. Councilman Staufer moved to approve the request; Councilman Donovan seconded the motion; all present voted in favor; and the motion carried. With regard to the Lodge at Lionshead's request for a building bulk variance and for a parking variance for six cars, Ms. Toughill stated that the Planning Com- mission and the staff both recommended approval_._ Councilman Donovan__moved,to - - -- --- ---_._.... - approve the request on the condition that if the narking spaces were needed in the future, the would be installed at the owner's expense: Councilman Staufer seconded the motion; all present voted in favor: and the motion carried. With regard to Ms. Jonine M. Hixon's request for a three foot setback variance to build a deck onto her residence, Ms. Toughill stated that both Planning Com- mission and staff recommended approval. Councilman Ruder moved to approve the request; Councilman Donovan seconded the motion; all present voted in favor; and the motion carried. With regard to East Vail Lodging's request for rezoning, Ms. Toughill stated that the request was to downzone Lot 3, Block.9 and the South 1/2 of Lot 1, Block 3, Bighorn Third Addition from MDMF to Agricultural, and added that both Planning Commission and staff recommended approval. Councilman Staufer moved to approve the request; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. Councilman Donovan requested that in the future a representative of any applicant be present when the request is heard before the Council. With regard to Fitzhugh Scott's request for an encroachment onto Town of Vail property for the proposed. Vail Athletic Club, Ms. Toughill stated that the applicant requested that the matter be heard at a later date. With regard to the applicant's appeal of the Zoning Administrator's decision regarding the Riggs house, Ms. Toughill stated that the appellant requested the matter to be deferred until the next meeting. With regard to Crossroads Cinema's request for a joint parking agreement, Mr. Lamont explained that the joint agreement would allow seven additional seats for the proposed twin cinema. The Cinema submitted a letter stating that the cinema and the shopping area would utilize the same parking spaces but at different times of the day. Councilman Heimbach moved to approve the joint agreement; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried. With regard to the appointment of a Planning Commission member to the Design Review Board, the Planning Commission requested that member Gerry White be appointed as the revolving member of the Design Review Board. Councilman Donovan moved to appoint Mr. White; Councilman Staufer seconded the motion; all present voted in favor; and the motion carried. T' f Minutes/Regular Meeting 7 September 1976 Page Four TOWN MANAGER REPORTS Councilman Staufer asked what the status of the County Sales Tax election results was. Bob Manzanares stated that he sat in on the counting as a Watcher and that it:seems the vote was inconclusive, and the results could not be determined. He added that the Canvas Board's decision was that there could be no decision. A heated discussion ensued, and the Mayor stated that the results indicated confusion and felt that the Town should request that the results be made public. County Attorney George Rosenberg outlined the problems in counting the votes, citing a confusing ballot as the major problem. With no conclusions established regarding the voting and no further business, Councilman Donovan moved to adjourn at 9:15 P.M. • s