HomeMy WebLinkAbout1978-02-21 Town Council Minutesi
MINUTES
VAIL TOWN COUNCIL
• REGULAR MEETING
21 FEBRUARY 1978
The regular meeting of the Vail Town Council was convened
in the Council Chambers of the Vail Municipal Building at
7:30 P.M. on Tuesday, February 21, 1978.
Mayor Rod Slifer and the following Councilmembers were
present:
Paula Palmateer
Tom Steinberg
Bill Heimbach
Bill Wilto
Bob Ruder
• John Donovan
Others present included:
Terry Minger, Town Manager
Larry Rider, Town Attorney
ORDINANCE NO. 3, Series of 1978, imposing a Land Transfer Tax,
was introduced on second reading. Mayor Slifer read the title
of the ordinance into the official record: "An Ordinance Imposing
a Land Transfer Tax upon the Transfer of Interests in Real Pro-
perty; Earmarking the Proceeds Therefrom for the Purchase of Real
Property to be used for Open Space, Recreational or Park Purposes,
or Employee Housing; Requiring the Collection of such Tax by the
Town Manager or his Agents; Exempting Certain Transactions from
the Tax Imposed; Establishing Procedures for Acquiring a Certifi-
cate of Exemption; Establishing a Land Acquisition Advisory Com-
mittee; Establishing Penalties for Violations of this Ordinance;
Creation of a Lien of the Property Transferred for the Amount of
the Tax Unpaid; Submitting this Ordinance to the Qualified Electors
of the Town; and Setting Forth Details in Relation to the Fore-
going". He then asked if all Councilmembers had read the ordinance,
and all had. He stated that the Tax would go to a public vote on
Tuesday, April 4, 1978, and would become effective immediately
upon certification of the votes, if a'majority of voters vote in
favor of it. Councilman Donovan then moved to approve the ordi-
nance 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 by title only.
• ORDINANCE NO. 4, Series of 1978, rezoning Lot 2, Block 2, Vail
Village Twelfth Filing, was introduced on second reading. Mayor
Slifer asked if all Councilmembers had read the ordinance; all
had; and there was no discussion. Councilman Heimbach 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. 5, Series of 1978, making a supplemental appropria-
tion in the amount of $10,000 for Colorado Mountain College, was
introduced on first reading. Mayor Slifer explained that the
appropriation was to fund the 1978 SummerVail Workshop. Stan
Bernstein stated that he had reviewed the CMC budget as requested
at the last regular meeting of the Council. Councilman Donovan
stated that he viewed the appropriation as a one-time occurrence,
the other members of the Council agreed, as did Randy Milhoan of
jo CMC. Councilman Donovan then 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.
MINUTES
TOWN COUNCIL/FEBRUARY 21, 1978
Page 2
• ORDINANCE NO. 6, Series of 1978, correcting a typographical
error in Ordinance No. 2, Series of 1978, was introduced on
first reading. Diana Toughill explained that Ordinance No. 2
had rezoned the South 1/2 of Lot 1, Block 3, Bighorn Third
Addition, from MDMF to A, and that the legal description
should have read the South 1/2 of Lot 1, Block 8, Bighorn
Third Addition. Councilman Donovan moved to approve the
ordinance on first reading; Councilman Steinberg seconded the
motion; all present voted in favor; and the motion carried.
The Town Clerk was instructed to have the ordinance published
in full.
The persons involved in items 5, 6, and 7 on the agenda had
not yet arrived, therefore the Council moved down to item 8 --
The Printery's request for an amendment to its conditional use
permit to allow Swede's Sign Shop, an existing use in the
building. Diana Toughill explained that the real estate office
• which had originally requested an amendment to the conditional
use permit had withdrawn its request, but that an amendment
was required for the existing sign shop. She added that the
Planning Commission had recommended approval unanimously.
• Councilwoman Palmateer moved to approve the request; Councilman
Steinberg seconded the motion; all present voted in favor; and
the motion carried.
With regard to the'100-year flood plain amending the comprehen-
sive plan, Ms. Toughill explained that two new bridges in the
Bighorn area had altered the flood plain and that Hydro -Triad
had re -mapped the area, which map now needed to be incorporated
into the comprehensive plan as an amendment. Councilman Donovan
moved to amend the comprehensive plan by the addition of the
Hydro -Triad map dated January 12, 1978, which amends the original
map dated May, 1975; Councilman Steinberg seconded the motion;
all present voted in favor;:and the motion carried. Councilman
Wilto requested that a letter be sent to the Public Utilities
Company and Mountain Bell requesting the removal of certain cables
in the Bighorn area which could cause flooding of Gore Creek if
debris were to collect. Kent Rose agreed to send the appropriate
letters.
A short recess was called at 8:25 P.M. pending the arrival of
Chuck Thomas, Vail Associates, and representatives of the Landmark
Building.
The meeting was reconvened at 8:35 P.M. With regard to the Thomas
Residence request for setback and distance -between -buildings
. variances, Ms. Toughill explained that the request was for a 3.5
foot setback variance and 15 feet between buildings. She added
that the Planning Commission had unanimously recommended approval.
Chuck Thomas presented a letter of approval signed by neighbors
on each side of his lot. Councilman Wilto moved to approve the
requests; Councilman Steinberg seconded the motion; all present
voted in favor; and the motion carried.
Representatives from Vail Associates had not yet arrived, therefore
the Council moved to the Landmark Building request for setback and
parking variances. Jay Peterson, attorney for Landmark, read two
letters from developer Jeff Selby to tenant Tom Mattio, into the
record (attached). Mr. Mattio's attorney requested a few minutes
recess in order for his client to further consider Mr. Selby's
offers of compromise. The Council refused to grant any further
time, and Mr. Mattio then agreed to Mr. Selby's terms. Larry
Rider referred to the December 13, 1977, memo from the Department
of Community Development to the Planning Commission, in reminding
the Council of what it must consider in granting or not granting
the variances. He stated that according to the Zoning Code, the
Council must consider: 1. the relationship of the requested var-
iances to other existing or potential uses and structures in the
N.
MINUTES
VAIL TOWN COUNCIL/FEBRUARY 21, 1978
Page 3
• vicinity; 2. the degree to which relief from the strict or
literal interpretation and enforcement of a specified regula-
tion is necessary to achieve compatibility and uniformity of
treatment among sites in the vicinity or to attain the objectives
of this ordinance without grant of special privilege; and
3. the effect of the requested variance on light and air, dis-
tribution of population, transportation and traffic facilities,
public facilities and utilities, and public safety. Mr. Rider
added that the Council is required to consider the public wel-
fare, not just the welfare of a particular tenant. Councilman
Heimbach moved to approve the request for setback variance,
incorporating the guidelines of the December 13, 1977 memo and
incorporating a comprehensive sign. program; Councilman Wilto
seconded the motion; the motion carried with a vote of 6-1 with
Councilman Donovan voting against the motion. With regard to
the Landmark's request for a parking variance for 26 cars,
Mr. Peterson volunteered a sum of money, to be established by
• the Town Council, to be placed in an escrow fund by his client
for funding of future parking in lieu of the 26 spaces required
by the Zoning Ordinance. Mr. Selby stated that the present
green space was more desirable than an additional 26 parking
spaces which, he felt, were not necessary anyway. Councilwoman
Palmateer moved to approve the request for a parking variance
on the condition that $1,000 per parking space go into an escrow
fund to build future parking or to be used for a parking study;
Councilman Ruder seconded the motion; and the motion carried
with a vote of 6-1, with Councilman Heimbach voting against the
motion.
With regard to the appeal of an administrative decision regarding
Gondola I by the Plaza Lodge, Mr. Rider stated that Charles
McDermott, counsel for the Plaza Lodge, had requested that the
appeal be indefinitely tabled, pending an agreement between Vail
Associates, Inc. and the Town of Vail for the purchase of the
Gondola I site. Mr. Slifer announced that after the Council's
vote not to purchase Gondola I on February 7, 1978, the Council
had met once again with representatives of Vail Associates and
had reached a tentative purchase agreement. He stated the terms
of the new agreement: 1. VAI would sell the.site to the Town
of Vail at the original purchase price of $400,000; 2. an anon-
ymous donor would donate $100,000 toward either the landscaping
of the area or toward the purchase price; 3. VAI would deed five
• acres of stream tract to the Town of Vail; and 4. VAI would deed
the LionsHead malls to the Town and pay $150,000 toward their
future maintenance as well as heating the malls for the next
ten years. There was no further discussion, and Councilman
. Donovan moved to proceed.with the purchase agreement on the
terms outlined above; Councilman Wilto seconded the motion; all
present voted in favor; and the motion carried.
CITIZEN PARTICIPATION
The owner of Cabbages and Kings, located on the LionsHead Mall,
complained about solicitors selling time-sharing in the Sunbird
Lodge who were operating from the mall area. Chief of Police
Gary Wall stated that Vail Associates had been contacted and
that they had asked the solicitors to stop. He agreed to follow
up on the situation.
With no further business, the meeting was adjourned at 9:40 P.M.
M yo
ATTEST:
Tawn er