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Home My WebLink About1977-03-01 Town Council MinutesMINUTES REGULAR MEETING VAIL TOWN COUNCIL 1 MARCH 1977 The regular meeting of the Town Council of the Town of Vail, Colorado, was convened at 7:30 P.M. on Tuesday, March 1, 1977, in the Vail Municipal Building Council Chambers. Mayor John Dobson and the following councilmembers were present: Bill Heimbach John Donovan Rod Slifer Bill Wilto Bob Ruder Others present were: Stanley F. Bernstein, Acting Town Manager Lawrence C. Rider, Town Attorney • Mr. Frank Thompson of Vail Cable TV read excerpts from his company's annual report. He warned that illegal hookups will be turned over to the Vail Police Department for prosecution in the future. Mr. Loren Mall, attorney for Manor Vail in current litigation against the Town of Vail and Vail Cable TV, objected to Mr. Rider's interpretation of the rate schedule. Mr. Rider stated that a.decision in Manor -Vail v. TOV was- . imminent and suggested that the Council wait to decide a rate matter until after that decision was rendered. Mr. Dick Elias of the Manor Vail agreed that waiting would be reasonable. Mr. Mall asked that Manor Vail be kept informed of future decision making sessions regarding Cable TV, and the Council agreed. Mr. Thompson.then mentioned the annual discount rate. He felt that pro -rated accounts should not be discounted., and Mr. Elias agreed. The Town Council then unanimously agreed to enforce the advance payments discount, and Mr. Thompson pledged not to begin advance billing until January 1, 1978. ORDINANCE NO. 6, Series of 1977, making a supplemental appro- priation from the General Fund for the purpose of cloud seeding, was introduced on second reading. The Mayor announced that it had indeed snowed right after first reading on this ordinance. Councilman Donovan complained that the sludge pots were not being operated often enough and asked Mr. Bernstein to check on how the monies were being spent. Councilman Donovan then 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. 7, Series of 1977, rezoning Vail/Potato Patch Second Filing from Medium Density Multiple Family to Two Family Residential, was introduced on second reading. The Mayor explained that the downzoning was voluntarily requested. Councilman Donovan moved to approve the ordinance on second reading; Council- man Ruder 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. 8, Series of 1977, rezoning Lot 9, Block 2, Vail/Potato Patch from High Density Multiple Family to Medium Density Multiple Family, was introduced on first reading. Jay to Peterson, attorney for owner Bob Lazier, updated the Council on the proposed project. He stated that the density had been pared down from 90 to 60 units, but that his client still wants MDMF Minutes/Regular meeting 1 March 1977 Page Two zoning to allow for 90 uncovered parking spaces. He added that he and Mr. Rider had discussed the deed restrictions. Mr. Rider explained that since last week when the Council was approached with the proposed project, the Supreme Court of Colorado had ruled that zoning can be contractual, so that now the Council could write restrictions into the ordinance and require the applicant to sign a contract limiting the project to 60 units with 90 uncovered parking spaces prior to second,reading on the ordinance. Mr. Ron Todd, architect for the project, showed his plans and explained how the units would be situated on the site. Mr. Donovan asked why the developer wanted MDMF zoning for 60 units, normally an LDMF density. Mr. Peterson stated that his client felt that the Town of Vail was planning to downzone in general and that LDMF could eventually turn out to be 40 units. Councilman Donovan felt vehemently that 60 units was too much density in an essentially residential neighborhood. He berated Vail Associates for selling the property at such a high density zoning when they should, he felt, have downzoned it to Residential and then sold it. Councilman Wilto felt the developer, Lazier, had shown good faith in voluntarily downzoning to MDMF. Several members of the audience, including Planning Commission member Sandy Mills - who had voted in favor of the project in Planning Commission voting - expressed their feelings that the neighborhood was essentially residential and that.the project should not be allowed to go forward. Ms..Pam Garton, chairman of the Planning Commission, stated that the PC had unanimously voted in favor of the downzoning and recommended that the Council do the same. Councilman Wilto then moved to approve the ordinance on first reading; Councilman Heimbach seconded the motion; Councilmen Donovan and Slifer and Mayor Dobson voted against the motion; all others present voted in favor; and the motion failed with a vote of 3-3. RESOLUTION NO. 5, Series of 1977, regarding the first amendment to the Town of Vail/Vail Resort Association lease agreement, was introduced by the Mayor. He explained that the amendment was to allow the VRA to repay the Town for expenditures incurred to fix the VRA air system at. the Vail -Transportation- Center, - said payments to be spread out over a 10-year period. Councilman Donovan moved to approve the resolution; Councilman Ruder seconded the motion; Councilman Slifer abstained; all others present voted in favor; and the motion carried. with regard to the Lionshead Theatre variance requests, Mr. Jeff Selby brought the Council up to date on the progress of.the project and the denial of all variances requested up to now. He then presented two alternative proposals, one requesting a. parking variance and a setback variance, the other requesting just a setback variance. Diana Toughill explained that one proposal would incorporate unused parking within the adjacent Landmark building in a joint parking agreement, thereby eliminating the need for a parking variance. She explained that the setback variance was still requested to make the mall more attractive in general. She added that as an alternative, the Council could approve an escrow fund for future parking and charge the Theatre a certain sum in exchange for•a--parking'variance,..rather than approving the joint agreement. She stated that the Planning Commission had recommended approval of the setback variance with the Landmark parking lease. Councilman Wilto then moved to approve the setback variance according to Planning Commission recommendations; Councilman Donovan seconded the motion; all present voted in favor; and the motion carried. Councilman Donovan then moved to table the request for a parking variance; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried. Councilman Donovan asked Mr. Selby to mark off where the building was to be located so that the Council could have a look at next Tuesday's work session and to check with the Landmark owners in regard to where the parking would be located. Mr. Selby agreed. Minutes/Regular Meeting 1 March 1977 Page Three With regard to Mickey Salloway's appeal of a Design Review Board . decision concerning the Gondola Ski Shop canopy, Councilman Donovan moved to table the request until the Council can have a first-hand look at the canopy; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried. With regard to the Cartwright/Mueller request for a resubdivision of Lot 8, Vail Village 10th Filing, Mr. Jay Peterson, now repre- senting Cartwright/Mueller, explained that the request was for financing reasons, that the site was all -conforming, and that no variances would be necessary. Councilman Slifer moved to approve the request; Councilman Donovan seconded the motion; all present voted in favor; and the motion carried. TOWN ATTORNEY REPORTS Mr. Rider stated that the Town Council could, by motion, initiate the rezoning of Mr. Lazier's Lot 9, if it so desired. Councilman Slifer then moved to request that the Planning Commission begin rezoning hearings to rezone Lot 9 from HDMF to Residential Cluster or to Residential; Councilman Donovan seconded the motion; Council- men Heimbach and Wilto were opposed; all others present voted in favor; and the motion carried with a vote of 4-2. CITIZEN PARTICIPATION Mr. Peterson objected to the Council's handling of Mr. Lazier's rezoning request, stating that the Council had not acted fairly. With no further business, the meeting was adjourned at 10:40 P.M. ATTEST: To �Iar 0