Loading...
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