HomeMy WebLinkAbout1978-04-18 Town Council MinutesMINUTES
REGULAR MEETING
VAIL TOWN COUNCIL
18 APRIL, 1978
The Vail Town Council convened for its regular meeting at 7:40 pm on Tuesday, April 18,
1978, in the Council Chambers of the Vail Municipal Building
Mayor Rodney Slifer and the following Council Members were present:
John Donovan
William Heimbach
Paula Palmateer
Thomas Steinberg
William Wilto
Also present were Town Manager Terrell J. Minger and Town Attorney Lawrence Rider.
Mayor Slifer introduced Dennis Murphy, Environmental Health Officer for the Town of Vail,
who explained that the State Health Department investigation team was in Vail to survey
and conduct tests regarding the recent outbreak of intestinal disorders. He and members
of the investigation team explained the process and asked for public cooperation in the
investigation.
Mayor Slifer then introduced Larry Rider, Town Attorney, who explained the prupose of the
public hearing on Ordinance No. 14, Series of 1978, establishing pedestrian malls within
the Town of Vail, which was presented on second hearing at this meeting. He further
explained that the Council would consider claims for damages from property owners on an
individual basis and that the Council would vote on those claims independently. He then
opened the floor to those present who wished to speak to the Council regarding claims.
Mr. John Amato, an Attorney, representing A & D Enterprises, Inc., stated that he disagrees
with the advice given to Council regarding whether or not the Council has any choice re-
garding settlements. He stated that it was his belief that the complaintants would not
be waiving any rights to raise claims in any subsequent hearings and stated that the mall
act is prospective in nature. He further stated that the Town of Vail had been operating
improperly in the mall question. He claimed that the Town of Vail has denied A & D the
access rightfully theirs by appropriation of the easements. Since A & D's business
depends on volume, that access is critical to business. He further stated that based on
his formula, the denial of access had resulted in a decrease in anticipated increase of
sales. He explained his formula to be that the projected rate of increase parallelled the
percent of increase of the Town of Vail sales until the implementation of the closure of
the streets. There was a brief discussion regarding other factors which may have been
a part of less than anticipated increases in sales for A & D, such as more outlets in the
Town of Vail and the Gore Valley.
Larry Rider stated that the Council was not in a position to compromise, that the claims
must be granted on an "ail or nothing" basis, and that was the decision to be made by
Council.
Mayor Slifer then asked for a vote on the claims individually. Councilmember Donovan moved
to deny the claim presented Mill Creek Court Condominium Association. Councilmember Wilto
seconded the motion. All present voted in favor, except Councilmember Steinberg who
abstained. The motion passed.
Councilmember Steinberg moved to deny the claim presented for Blanche C. Hill. Councilmember
Heimbach seconded the motion. All present voted in favor and the motion passed.
Councilmember Donovan moved to deny the claim presented for A & D Enterprises, Inc. Council -
member Wilto seconded the motion. All present voted in favor and the motion passed.
Councilmember Steinberg moved to deny the claim presented for Casino Partners, Inc.
Councilmember Heimbach seconded the motion. All present voted 1n favor and the motion passed.
Councilmember Wilto moved to deny the claim presented by Vail Group, Inc., Councilmember
Steinberg seconded the motion. All present voted in favor and the motion passed.
Mayor Slifer then read into the record the title of Ordinance # 14, Series of 1978 . There
was no further discussion and he called for a vote. Councilmember Palmateer moved to approve
Ordinance No 14, Series of 1978, on second reading; Councilmember Donovan seconded the
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REGULAR MEETING ViIL TOWN COUNCIL APRIL 18, 1978 page two
motion; all present voted in favor and the motion passed.
Larry Rider then stated that he would be happy to enter into further negotiations with
John Amato if the Council so desired... The Council directed Mr. Rider to do so.
Mayor Slifer then introduced Ordinance No. 12, Series of 1978, amending Title 18 of the
Vail Municipal Code with regard to hazard zones, on first reading. He asked Diana
Toughill, Town of VAil Zoning Administrator to explain the purpose of the ordinance. Ms.
Toughill, using maps and overhead projected drawings, explained the hazard zones which had
been identified and the elements of the ordinance which pertain to those areas. There
was a general discussion regarding the changes and revisions which would be made. Council
suggested that perhaps first reading should be delayed until after the changes had been
made. Councilmember Donovan moved to continue first reading of Ordinance #12, SEries of
1978 until the May 2nd meeting of the Council; Councilmember Heimbach seconded the motion;
all present voted in favor and the motion passed.
Mayor Slifer introduced Ordinance No. 13, series of 1978, amending Title 18 of the Vail
Municipal Code with regard to zoning in CCI. Councilmember Donovan moved to postpone
the first reading of Ordinance No. 13 until the May 2nd meeting; Councilmember Steinberg
seconded the motion; all present voted in favor the motion passed.
Resolution #6, Series of 1978 was introduced by Mayor Slifer. He then asked Larry Rider to
explain the Resolution. Mr. Rider covered the history of the walkway adjacent to the
Norgren House and the existing pedestrian easement. There was a brief discussion and
Councilmember Wilto moved to approve the Redolution, Councilmember Steinberg seconded the
motion, all present voted in favor and the motion passed.
Resolution #7, Series of 1978, was introduced by Mayor Slifer. He explained that at the
previous Council Meeting a presentation had been made by those.opposed to the CF&I Quarry
and that the group had requested a Resolution from the Town of Vail supporting that
opposition. There was no discussion. Councilmember Steinberg moved to adopt the
Resolution, Councilmember Wilto seconded the motion, all present voted in favor and the
motion passed.
Resolution #8, Series of 1978 was introduced by Mayor Slifer. He explained that thi.s
Resolution authorized the Town Manager to accept the dedication of the Lionshead malls.
Dan Corcoran, Town of Vail Staff member, explained the area being dedicated to the Town by
Vail Associates. There was no discussion. Councilmember Heimbach moved to adopt the
Resolution; Councilmember Palmateer seconded the motion; all present voted in favor and
the motion passed.
Resolution No. 9, Series of 1978, temporarily amending the Development Plan of SDD6 (Vail
Village Inn) was introduced by Mayor Slifer. Mr. Bill Ruoff, representing Josef Stauffer,
the developer, explained that this amendment to the original development plan would allow
for dressing for Building #5 (which houses several commercial operations including the
Dairy Depot) There was a brief discussion regarding the modifications to be made in the
building. Councilmember Steinberg moved to approve the Resolution; Councilmember Wilto
seconded the motion; all present voted in favor and the motion passed.
The Mayor then introduced Diana Toughill who explained the request from ABC School for
a conditional use permit to allow a private school in an Agricultrual Zone. She stated
that the Planning Commission had voted unanimously to approve the school to be placed on
the site of the Mountain Bell Microwave building. Sandy Mills, a member of the planning
commission pointed out that the school should be aware that this may be the future site
of employee housing. Larry Rider stated that the annual review clause in the lease allows
for this and that the School was aware of the possibility. Councilmember Donovan moved
to grant the conditional use permit; Councilmember Steinberg seconded the motion; all
present voted in favor and the motion passed.
Next matter for consideration of the Council was the request from Thomas Weber for re -
subdivision and variance from minimum lot size requirements for Lot 4, Vail Meadows,
Filing No. 1. Mayor Slifer excused:hi.mself from the proceedings due to a conflict of
interest. Mayor Pro Tem John Donovan introduced Diana Toughilll who explained the proposed
project and the reason for the request. She pointed out that the Staff had recommended
disapproval and that the planning commission had voted 4 to 1, with one abstaining, in
favor of denial. The prospective buyer, Roger Hyatt, presented his reasons for the request.
There was a general discussion regarding whether or not there might be other alternatives
for solving the problem. Councilmember Wilto moved to continue the request pending an
investigation of other alternatives to solve the problem; Councilmember Steinberg seconded
the motion; all present voted in favor and the motion passed.
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REGULAR MEETING VAIL TOWN COUNCIL APRIL 18, 1978 page three
The next matter for Council consideration was a request from Vail Guides, Inc. for
amendment to the Printery Building conditional use permit to allow a business office.
Mayor Slifer introduced Jim Rea who explained the need for the amendment, to allow his
offices to exist in that building. There was a brief discussion regarding traffic and
parking. The Council clarified that permission would be granted only for an office to
exist and that no storage of vehicles could take place and that only one taxi could be
present on the premises at any time. Councilmember Heimbach moved to approve the
amendment; Councilmember Palmateer seconded the motion; all present voted in favor and
the motion passed.
There was a five minute break in the meeting.
The meeting reconvened at 9:40 pm for a discussion regarding the proposed West Vail
Incorporation. Mayor Slifer introduced Dick Gustafson and coveredthe background leading up
to the current discussions between the West Vail Community and the Town of Vail. Dick
Gustafson then explained the process of the West Vail Association in examination of the
alternatives and their efforts to negotiate a merger with the Town of Vail. He stated the
considerations to be 1) The districting of the new town area 2) The sales Tax Question and
what effects there would be in the food area, and 3) The Bonded Indebtedness questions.
He further explained the process of -the Association since the last meeting with Council and
stated that the members of the Board of the West Vail Association had voted unaminously to
incorporate and stated that he hopes a compromise could be made with the Town of Vail since
both groups had a common goal for consolidation of the Valley.
There was a lengthy discussion regarding the bonded indebtedness legalities and the
consideration of consolidation or merger and what would happen to the Home Rule Charter.
Larry Rider stated that he believed there were too many obstacles for consolidation to
be a viable alternative. The discussion continued covering questions regarding which
items would be negotiable, what the voter qualifications would be, the trust of the
community and valley residents for the Town Council and Town Staff, which alternatives
would be fair and acceptable to all parties involved. Mr. Gustafson restated that he
hopes the Council and the Association will be able to work toward a solution. Mayor Slifer
thanked the group for coming and discussing the matter publicly and pledged to continue the
negotiations with the Association.
The next matter for Council consideration was the presentation to Council of citizen
petitions requesting the continuance of the Bighorn and Sandstone bus service. Mayor
Slifer accepted the petitions and stated that as soon as the revenues have been examined,
a decision would be made regarding the service for the spring and summer months. There
was a general discussion regarding what the alternatives might be. Councilmember Donovan
requested Terry Minger to have Bob Manzanares put together figures for a limited or commuter
service and pledged to have an answer for the riders at the next meeting.
There being no further business for the Council, Councilmember Donovan moved to adjourn;
Councilmember Wilto Seconded; All present voted in favor and the motion passed.
The meeting adjourned at 10:50 p.m.
ATTEST:
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