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HomeMy WebLinkAbout1976-09-21 Town Council MinutesA - MINUTES REGULAR MEETING VAIL TOWN COUNCIL 21 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 21, 1976, in the Vail Municipal Building Council Chambers. Mayor John Dobson and the following councilmembers were present: Josef Staufer John Donovan Kathy Klug Bill Heimbach Bob Ruder Bill Wilto Others present included: Terrell J. Minger, Town Manager Larry Rider, Town Attorney ORDINANCE No. 23, Series of 1976, regarding short-term borrowing, was introduced on second reading. Mr. Stan Bernstein explained that the ordinance had been amended from first reading by bond attorney Loring Harkness Loring Harkness to.'pledge sales tax revenues from January and February 1977 toward the short-term notes. He stated that the Bank of Vail had asked for additional security. Councilman Donovan moved to approve the ordinance as amended on second 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 because of the amendment. ORDINANCE No. 24, Series of 1976, regarding I-70 overpass bonds, was introduced on second reading. Mr. Bernstein explained that this ordinance awarded the sale of bonds to Kirchner and Moore at 6.53% interest. He added that the bonds were being sold now because the Town was about $60,000 into the project. Mr. Minger and Mr. Kent Rose stated that the present design may go over budget, but that additional Federal funds may • be a possibility. The ordinance was then read by the entire title: "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 for the levy of taxes and for the application of sales tax revenues of the Town of Vail to pay said bonds and the interest thereon." 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. 25, Series of 1976, making supplemental appropriations from the General Fund and the Open Space/Capital Improvements Fund, was introduced on second reading. Mr. Bernstein explained that the appro- priations were for publication of the Zoning Ordinance, air conditioning for the URA space in the Vail Transportation Center, and to rebuild two bridges in Bighorn. Councilwoman Klug moved to approve the ordinance on second reading; Councilman Heimbach seconded the motion; all present 40 voted in favor; and the motion carried. The Town Clerk was instructed to have the ordinance published by title only. Minutes/Regular meeting 21 September 1976 Page Two ORDINANCE No. 26, Series of 1976, "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 bands and the interest thereon; and prescribing_other details in connection therewith", was introduced on second reading, and the title was read into the record. Mr. Bernstein explained several routine amendments to clarify the ordinance, He added that the refunding will save the Town $600,000 in debt service over the next five years. He also announced that Bosworth -Sullivan was the lowest bidder for the bonds. Councilwoman Klug moved to approve the ordinance on second 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. ORDINANCE No. 27, Series of 1976, authorizing the issuance of Special Assessment District bonds, was introduced on first reading. Mr. Minger read the title into the record: "An ordinance authorizing the issuance of Special Assessment bonds of the Town of Vail, Colorado, in the principal amount of $540,000, for Town of Vail, Colorado, Street Improvement District No. 1; prescribing the form of said bonds; providing for payment of the principal thereof and the interest thereon; and making provision for other matters relating thereto". He explained the expenses relating to the Special Improvement District to date and stated that the Town of Vail would save $280,000 over the life of the bonds. Councilman Heimbach 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. ORDINANCE No. 28, Series of 1976, amending Ordinance No. 9, Series of 1975, increasing application fees for liquor and fermented malt beverage licenses, was introduced on first reading. Mr. Rider stated that the license fees had been changed by the 1976 General Assembly and that this ordinance would bring the Town up to date with the Statutes. Councilman Donovan moved to approve the ordinance on first reading; Councilman Wilto 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, 19, Series of 1976, awarding purchase contract for Special Assessment District bonds, was introduced and explained by Mr. Bernstein. He stated that the resolution would award the contract to Boettcher & Co., who was the lowest bidder at 8.5%. He also read the title of the resolution into the record: "A resolution awarding the purchase contract for Special Assessment bonds of the Town of Vail in the total principal amount of $540,000, for Town of Vail, Colorado, Street Improvement District No. 1 to the best bidder therefor". Councilman Donovan moved to approve the resolution; Councilwoman Klug seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was instructed to have the resolution published in full. With regard to A & D Enterprises request for a conditional use permit, Jim Lamont explained that A & D wished to use residence space above the Liquor Store for office space, stating that the residential space, fronting on the corner of Bridge Street and Gore Creek Drive, was too noisy for residential use anyway. He stated that the Planning Commission had recommended approval. Councilman Staufer feared that an unwise precedent would be set, but Mr. Rider stated that a precedent would not be binding. Councilman Donovan moved to deny the request; Councilman Staufer seconded the motion; the vote was 4-3 against the motion; and the motion failed. Councilman Heimbach then moved to grant the request; Councilman Wilto seconded the motion; the vote was 4-3 in favor of the motion with Councilmen Donovan, Staufer and Ruder voting against; and the motion carried. With regard to the Cornices request for a conditional use permit, Diana Toughill explained that the request was to use one of the apartments for a real estate and on -site management office. She added that the Planning Commis- sion and the staff had both recommended denial of the request. Councilman Minutes/Regular Meeting 21 September 1976 Page Three Donovan moved to approve the request for a conditional use permit without parking, subject to approval of a.landscape plan; Councilman Staufer seconded the motion; the vote was 4-2, with Councilmen Heimbach and Ruder voting against, and the motion carried. With regard to Vail Associates' request for a conditional use permit, Ms. Toughill stated that the request was to locate Chair 16. Mr. Rider stated that there was a lawsuit pending, Kindelco v. Vail Associates, regarding the location for the chairlift, but that the suit did not involve the Town of Vail. Councilman Donovan then moved to approve the request; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried. With regard to the Medsker residence request for a setback variance, Ms. Toughill explained that the Planning Commission had recommended approval. Councilman Donovan moved to approve the request; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. With regard to the Riggs' residence appeal of a Zoning Administrator's decision to deny his application to build a garage in an avalanche zone, Mr. Rider stated that the Town of Vail could be held liable if it granted a building permit for the garage, and it was subsequently destroyed by an avalanche. He added that the Town could sign an agreement with the Riggs that the Town would not be held liable if any damage occurred. He did not feel that liability was a major problem. Councilman Heimbach moved to overturn the Zoning Administrator's decision on the condition that: 1. a letter be kept on file absolving the Town of Vail from any liability from avalanche related damage; and 2 the addition be limited to a garage and an enlarged living room; Councilman Wilto seconded the motion; the vote was 4-2 in favor, with Councilmen Donovan and Staufer voting against; and the motion . carried. With regard to the U.S. Forest Service report regarding Vail Mountain capacity, Ernie Nunn stated that Vail Associates has requested increased mountain capacity in conjunction with replacing Gondola I, and he asked if the Town of Vail really wanted such an expansion in light of the Growth Management Study. He added that the Forest Service would not approve the request if the Town was not in favor of it, and he felt that the parking situation for additional skiers would have to be addressed. With regard to Site 24, Eldon Beck. of Royston, Hanamoto, Beck and Abey, reviewed the landscaping plan for the multi -purpose arena site, With regard to a possible cross country skiing trail, Jill Vig stated that there • was much interest throughout the Valley for such a trail and requested that the Council authorize a study to determine who would maintain, pay for, etc. such a trail. Jim Gregg of the Forest Service stated that in some cases there would be problems with nearby residents over people skiing past their yards. The Council proposed that Mr. Gregg, Vail Associates and the Town Council sit down together to discuss the possibilities. Mr. Minger agreed to appoint a staff member to work with the committee to come up with suggestions. With regard to the annual report, Mr. Bernstein stated that copies were avail- able in his office for all interested parties. CITIZEN PARTICIPATION T'n answer to a question regarding excessive speeding in Bighorn, Chief of Police Gary Wall stated that the Department had recently stepped enforcement in that area and had implemented a new signage program. There was no further business, and the meeting was adjourned at 10:50 P.M. a r ATTES1;_ Town lark