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Home My WebLink About1977-09-06 Town Council MinutesMINUTES REGULAR MEETING VAIL TOWN COUNCIL 6 SEPTEMBER 1977 The regular meeting of the Town Council of the Town of Vail, Colorado, was convened at 7:30 P.M. on Tuesday, September 6, 1977, in the Vail Municipal Building Council Chambers. Mayor John Dobson and the following councilmembers were present: Josef Staufer John Donovan Bill Heimbach Rod Slifer Bill Wilto Bob Ruder Others present were: Stanley F. Bernstein, Assistant Town Manager Lawrence C. Rider, Town Attorney ORDINANCE NO. 18, Series of 1977, rezoning Vail Valley Third Filing, was introduced on second reading. The Mayor explained that this ordinance rezoned a portion of the old Sunburst property. He stated that copies of the ordinance were available. 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. 19, Series of 1977, vacating the plat and streets and ways of Sunburst and approving the resubdivison of portions thereof, was introduced on second reading. The Mayor explained that this ordinance resubdivided Sunburst into Vail Valley Third Filing and Sunburst Filing No. 2. Councilman Slifer moved to approve the ordinance on second 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 by title only. ORDINANCE NO. 20, Series of 1977, amending Ordinance No. 3, Series of 1977, which established SDD7 for The Mark, was introduced on first reading. The Zoning Administrator Diana Toughill and Bill Ruoff, architect for the Mark, explained that the ordinance would incorporate new design plans for the Mark expansion. Councilman Donovan noted for the record that SDD7 would be subject to any future modifications in the Zoning Ordinance. Councilman Heimbach then 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. 21, Series of 1977, relating to Title 9 of the Vail Municipal Code (Public Peace, Morals and Welfare), was introduced on first reading. The Town Attorney explained that the ordinance strengthened Title 9 by making it more enforceable and more constitutionally valid. Councilman Donovan moved to approve the ordinance on first reading; Councilman Staufer seconded the motion; all present voted in favor; and the motion carried. RESOLUTION NO. 16, Series of 1977, relating to U.S. Forest service RARE II inventories and recommending certain areas for Wilderness study, was introduced. Ernie Nunn of the U.S.F.S. explained the RARE II recommendations for additional areas which could be added to existing Wilderness or studied for future Wilderness designation. Minutes/Regular Meeting 6 September 1977 Page 2 Councilman Donovan took exception to the County Commissioners' position that no more Wilderness was needed in Eagle County. He stated that Eagle County is recreational as well as agricul- tural and that "recreation is wilderness"; he then moved to approve the resolution; Councilman Wilto seconded the motion; all present voted in favor; and the motion carried. Stan Bernstein introduced Tony Romero, CSU student who had conducted a study of fireplace pollution within the Gore Valley. Mr. Romero gave a brief slide presentation and concluded that Vail's air quality is deteriorating; that during winter months fireplaces are a major source of pollutionr and that the problem needs to be addressed soon. The Council directed the staff to study the situation and recommend legislative controls. With regard to the Rick Heller residence request for an encroach- ment on Town of Vail property for a parking space, Diana Toughill explained that the owner was requesting the encroachment for one parking space. Councilmen Ruder and Slifer felt that four spaces were really needed and urged that the other three be built in the future. Councilman Donovan moved to approve the encroachment subject to a program to incorporate the remaining three spaces within the next two years, program to be approved by the Town staff; Councilman Slifer seconded the motion; all present voted in favor; and the motion carried. With regard to the Lionshead Plaza's request for an encroachment on Town of Vail property for a covered bus stop, Jeff Selby showed the Council his plans and a model of the proposed bus stop. He stated that the Design Review Board had recommended approval of the design. Councilman Slifer moved to approve the request subject to an agreement that the owner remove the canopy at its expense should the Town find it necessary in order to accommodate emergency vehicles, etc. and subject to an agreement that the owner repair or replace the canopy at its expense should it be damaged by any vehicle other than a Town of Vail vehicle; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried. With regard to a request from the Vail Associates shop for a conditional use permit, Ms. Toughill explained that VA now has a temporary CUP for a small building next to the Shop area and would like to make the arrangement permanent. Councilman Donovan moved to approve the request for a period of 1,2 months; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. With regard to the Tom Lerci residence request for a setback variance for Lot 21, Vail Meadows Filing #1, Ms. Toughill explained that the request was in order to site a house on the lot to avoid the avalanche zone. she stated that the request was for a 6 foot setback rather than the 10 feet required and added that the Planning Commission had recommende approval unanimously. Council- man Wilto moved to approve the request; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. With regard to Studio in the Rockies, Mr. Rider explained that a letter had been sent from the Town Council to the financing agency for Lionshead Plaza stating that if Studio in the Rockies defaults, other uses would be considered by the Council for that space. He added that it was a letter of assurance to enable the financing to go through. Councilman Staufer moved to ratify the letter; Councilman Donovan seconded the motion; all present voted 41 in favor; and the motion carried. Minutes/Regular Meeting 6 September 1977 Page 3 • 0 TOWN MANAGER REPORTS Mr. Bernstein, Assistant Town Manager, announced that Colleen Kline had been appointed Town Clerk by the Town Manager, effective immediately. He also announced that July 1977 sales tax revenue was up 34% over July, 1976. He then introduced Gordon Swanson, recently hired as Fire Chief, and announced that Allen Gerstenberger had been appointed Director of Community Development to replace Jim Lamont who had resigned. TOWN ATTORNEY REPORTS Mr. Rider announced that Courchevel v. Town of Vail, regarding the Lionsridge annexation, had been resolved through a stipulated settlement. CITIZEN PARTICIPATION Regarding the proposed West Vail annexation, Dudley Abbott stated that he felt the two communities should eventually be one but that too much haste could be detrimental. He urged the Council to give heavy consideration to accepting the annexation if the West Vail voters approve it. Paula Palmateer asked the status of the Ice Arena, and the Mayor stated that a public hearing would be held at the regular meeting of the Council on September 20, 1977. Carol Richards asked the status of the Bighorn annexation, and Mr. Rider stated that the Supreme Court had sent the case back to the District Court for a decision, but that a trial date had not yet been set. Mrs. Richards then asked why the Council was not considering purchasing the portion of King Arthur's Court on which the foundations are located. Mr. Rider stated that notice had been given to both the KAC owner and the Cedarpoint Townhouses owner to remove the foundations forthwith. Council- man Heimbach stated that the Town was purchasing a portion of the KAC property for a park site, not to remove the foundation. Dave Gorsuch urged the Council to proceed with the proposed landscaping in front of the Clock Tower Building this fall. He stated that Gorsuch, Ltd. would pay 50% of all costs. Councilman Donovan urged that the landscaping be started this fall and then moved to adjourn. With no further business, the meeting was adjourned at 9:10 P.M. ATTEST: �9 Town Clerk �ay