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.
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