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HomeMy WebLinkAbout1977-08-02 Town Council MinutesMINUTES REGULAR MEETING VAIL TOWN COUNCIL 2 AUGUST 1977 The regular meeting of the Town Council of the Town of Vail, Colorado, was convened at 7:30 P.M. on Tuesday, August 2, 1977, in the Vail Municipal Building Council Chambers. Mayor John Dobson and the following councilmembers were present: Josef Staufer John Donovan Rod Slifer Bill Heimbach Bill Wilto Others present included: Terrell J. Minger, Town Manager Lawrence C. Rider, Town Attorney ORDINANCE NO. 15, Series of 1977, rezoning the Katsos Property and three parking lots in Lionshead, was introduced on second reading. The Mayor briefly explained that this ordinance would rezone the Katsos to Greenbelt and Natural Open Space zone and the three parking lots to the Parking zone. Councilman Donovan moved to approve the ordinance 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 by title only. ORDINANCE NO. 16, Series of 1977, vacating the plat and streets and ways of Sunburst and approving the resubdivision of portions thereof, was introduced on first reading. Since there were several questions regarding easements unresolved at work session, Councilman Donovan moved to table the ordinance until the next regular meeting; Councilman Wilto seconded the motion; all present voted in favor; and the motion carried. Councilman Slifer then moved to vacate the Sunburst plat and the streets, roads, public ways, and easements; Councilman Donovan seconded the motion; all present voted in favor; and the motion carried. Councilman Heimbach then moved to approve the resubdivision of Sunburst Filing No. 2; Councilman Slifer seconded the motion; all present voted in favor; and the motion carried; The Council's . actions left only Vail Valley Third Filing to be approved at a later date. ORDINANCE NO. 17, Series of 1977, rezoning Sunburst Filing No. 2 and Vail Valley Third Filing from Special Development District No. 1 to Two Family Residential, Greenbelt and Open Space, Public Use; and Special Development District No. 8, was introduced on first reading. Ms. Diana Toughill explained that an easement needed to be resolved regarding Vail Valley Third Filing. Councilman Heimbach moved to approve the ordinance in regard to Sunburst Filing No. 2 only, involving rezoning to Greenbelt, Public Use and SDD8; 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 with the deletion of all reference to Vail Valley Third Filing. The Council will consider an ordinance rezoning Vail Valley Third Filing at the August 16 regular meeting. RESOLUTION NO. 14, calling a special bond election regarding issuance of the Town's General Obligation Bonds in an amount not to exceed $2,350,000, was introduced by Mr. Minger. He stated that the resolution called an election for Tuesday, October 4, 1977, regarding three questions: $1,800,000 to cover the ice rink on Site 24; $350,000 to acquire land.for a public works maintenance facility; and $200,000 to acquire the King Arthur's Court property for water storage purposes. Mr. Rider then read the title into the record: "A resolution calling a special municipal election for the purpose of submitting to the registered qualified electors of the Town of Vail, Colorado, three questions Minutes/Regular meeting 2 August 1977 Page Two of issuing general obligation bonds of said town in an aggregate principal amount not exceeding $2,350,000 for the purposes of acquiring, constructing, installing, and equipping an enclosed ice skating arena and multi -purpose facility, acquiring real property to be used as a site for a proposed public works maintenance facility, and acquiring real property to be used as open space and/or recreation and park land, said election to be held October 4, 1977; designating judges and clerks for said election; providing publication of notice of said election; prescribing the form of ballot for said election; and otherwise providing for the conduct thereof". Councilman Heimbach announced a special meeting of the Town Council to be held on August 30, 1977, at 7:30 P.M. for the purpose of discussing the special bond election. Councilman Staufer moved to approve the resolution; Councilman Donovan seconded the motion; all present voted in favor; and the motion carried, The Town Clerk was instructed to have the resolution published in full. Regarding the selection of a contractor for the Site 24 ice arena, Mr. Minger stated that he and the architect had interviewed four prospective contractors with the following criteria in mind: 1) contractor's fee; 2) time frame for getting the project done; 3) willingness to guarantee a maximum fee; and 4) past performance. He announced that they had unanimously selected Cohen Construction from a group including Hyder, Shaw, Centric and Cohen construction companies. He recommended that the Town Council contract with Cohen to build • the arena. Councilman Wilto moved to approve the selection of Cohen, Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. The Town Attorney was directed to prepare the necessary contracts. Regarding the Antlers' request for a gross residential floor area variance to accommodate additions already made to an existing unit, Diana Toughill showed the Council the applicant's plans and stated that the addition had been constructed without design review and without a building permit. The applicants themselves were not present nor represented by counsel. The Mayor suggested holding the item until the applicants arrived or at least until the end of the meeting. With regard to the Cornice's request for rezoning from High Density Multiple Family to Commercial Core 1, Ms. Toughill explained that the vote on this request at the last regular meeting should have been a preliminary vote, that the request had to be republished prior to a formal vote. She added that the Planning Commission had unanimously recommended denial of the request. Councilman Donovan moved to deny the request again; Councilman Slifer seconded the motion; all present voted in favor; and the motion carried. 40 TOWN MANAGER REPORTS Mr. Minger announced that the Town of Vail had received a federal public works grant in the amount of $420,000, based on unemployment data for the County. He stated that the Town now needs to submit a formal application by August 14, 1977; begin construction within 90 days; and that the project must be a public works project. He then suggested that since the Town had not applied for the funds and since Minturn had applied and had been turned down due to insufficient unemployment data, the Town Council give half of the grant to the Town of Minturn to begin construction of a new, badly needed water project. He also suggested that the Town of Vail use its half of the grant to begin construction on the public works maintenance facility. Councilman Wilto moved to accept the report of the Town Manager and to approve his suggestion to give_$210,000 of the grant to the Town of Minturn and to use the other $210,000 for phase I of the proposed public works maintenance facility; Councilman Staufer seconded the motion; all present voted in favor; and the motion carried. The staff was directed to comply with submittal regulations for the grant. Mr. Vern Tator asked why the Town had not chosen to give some of the grant moneys to West Vail. Mr. Minger replied that only governmental entities such as a town or a county were eligible for the funds and that Eagle County itself had received about $90,000. Minutes/Regular meeting 2 August 1977 Page Three TOWN ATTORNEY REPORTS • Mr. Rider stated that since the proposed rezoning of Vail Valley Third Filing had been published for tonight (as part of Ordinance No. 17), it must be formally tabled. Councilman Donovan moved to table consideration of the rezoning of Vail Valley Third Filing until the August 16 regular meeting; Councilman Slifer seconded the motion; all present voted in favor; and the motion carried. He added that there were numerous contracts still in effect regarding the Sunburst SDDI and that the Town Council should formally void those contracts between the Town and Shamrock/Vail Ltd., the original owner of Sunburst, and direct the Town Attorney to draft new contracts between the Town and FDMI in regard to Sunburst Filing No. 2. Councilman Heimbach so moved; Councilman Wilto seconded the motion; all present voted in favor; and the motion carried. With regard to the disputed signatures on the West Vail Petition for Annexation Election, Mr. Rider stated that on June 7 the Town Clerk and Mr. Jim Rubin from the Department of Community Development had determined the number of persons eligible to sign the petition to be 201. The Town Council on that date determined the petition to be in substantial compliance with the Statutory requirements with 28 of the 30 signatures being valid. At the public hearing on the petition on July 19, Mr. Stewart Brown, attorney for the West Vail Association, objected to several signatures as invalid and presented the Council with a voter list and a property owner list certified by the County. Mr. Rider on July 19 asked Mr. Rubin to update Mr. Brown's lists using Eagle County records and to bring the lists current as of June 7. Mr. Rubin did so, and Mr. Rider read an affidavit signed by Mr. Rubin stating his findings. He then read an affidavit signed by Ms. Sammye Meadows of the Town Attorney's office, verifying the number of eligible signors to be 223, using the updated lists. Mr. Rider then addressed the challenged signatures. He stated that Mrs. Susan Fritz had been challenged as not being a property owner, but that a copy of her deed was on file verifying her as a landowner. He stated that Mr. Erwin Erb had not voted in the November 1976 general election and therefore was no longer a registered voter and so could not legitimately sign the petition. He stated that Mrs. J. Engstrom had not indicated on the petition whether or not she was a resident landowner and that the Council had disallowed her signature originally. He added that she has been proven to be a resident landowner, but that the Council could still disallow her signature since it had done so to begin with. And he stated that Mrs. Patricia Dorf had not dated her signature as required and so had to be disallowed. He explained that another five signatures had been • challenged by Mr. Brown because of inaccurate legal descriptions, but he recommended that the Town Council allow those signatures since the petition had to be in "substantial" compliance, not necessarily strict compliance, and the five signatures met all other requirements. In summation, he stated that by disallowing three signatures, the petition still contained 27 names and only needed 23 to represent 10% of the 223 eligible signatures. He stated that Mr. Brown had asked him to announce that the West Vail Association would make no presentation tonight but would challenge the annexation in a lawsuit should it succeed in the election. Mr. Rider then recommended that the Council proceed with the annexation procedure by petitioning the District Court to appoint three election commissioners to call the election, hopefully for September 13, 1977. He added that an election on that date should still enable citizens of the West Vail area to run for Council vacancies in November. In response to a question regarding the status of the Checkpoint Charlie litigation, he stated that the Plaintiff, John Amato, had agreed not to proceed with the case if the Town initiates the Mall Act by September 30, and that the Council had so agreed. At this point, the Mayor returned to the Antlers' request for a GRFA variance for one unit. The applicants still had not arrived, so Ms. Toughill stated that the Council could vote tonight or table the request until the next regular meeting. She added that the Planning Commission had recommended denial. Councilman Donovan moved to deny the request; Councilman Staufer Minutes/Regular meeting 2 August 1977 Page Four • 0 • 0 seconded the motion; all present voted in favor; and the motion carried. CITIZEN PARTICIPATION Councilman Slifer publicly thanked Streets Superintendent Pete Burnett, Bus Supervisor Skip Gordon, and Chief of Police Gary Mall and their employees for a job well done in coordinating traffic, buses, etc. during the Jerry Ford Invitational Golf Tournament. Mayor Dobson, in turn, thanked Mr. Slifer, Mr. Donovan, John Purcell and Bob Barrett for organizing the tournament to begin with. With no further business, the meeting was adjourned at 8:50 P.M. ATTEST: 4�a� Town 'Jerk