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Home My WebLink About1979-08-07 Town Council MinutesVAIL TOWN COUNCIL is Regular Meeting August 7, 1979 The Vail Town Council convened for its regular meeting on Tuesday, August 7, 1979 in the Council Chambers of the Vail Municipal Building. Present were the following Councilmem.bers and Mayor Rodney Slifer. John Donovan Paula Palmateer Tom Steinberg Robert Ruder William Wilto Scott Hopman, Also present were Town Manager Richard Caplan and Town Attorney Larry Rider. •Ordinance No. 27, Series of 1979, Annexing a 28.114 acre parcel of land along the Golf Course into the Town of Vail, located in the NW/. of Section 10, T55, R80W of the 6th P.M. was introduced on second reading by Mayor Slifer. Dick Ryan, Director of Community Development,explained the location and purpose of annexation to the Town. There was no discussion. John Donovan moved to approve the ordinance on second reading; second by Steinberg. All present voted in favor and the motion passed. Ordinance No. 28, Series of 1979, amending the Traffic Code Article XXI, Section 21-5D, relating to play streets was introduced on second reading by Mayor Slifer. Richard Caplan explained the need for designation and outlined the streets to be designated play streets. There was a brief discussion,and Scott Hopman moved to approve the ordinance on second reading; Wilto seconded the motion. A unanimous vote was recorded in favor. Ordinance No. 29, Series of 1979, annexing to the Town of Vail certain property located in the N' of Section 12,.T5S, R81W, of the 6th P.M., Eagle County, commonly known as Lionsridge, consisting of 77 acres (more or less), was introduced on second reading by Mayor Slifer. Dick Ryan explained the location,and since there was no discussion, Bob Ruder moved to approve the ordinance. Scott Hopman seconded the motion. Those is voting in favor of the motion were: Donovan, Palmateer, Hopman, Ruder and Wilto. Tom Steinberg was opposed. The motion carried. Ordinance No. 30, Series of 1979, zoning parcels of property located in the N-Iff of Section 12, TH R81W, of the 6th P.M. was introduced on second reading by Mayor Slifer. Dick Ryan explained that this was the zoning of the Lionsridge 77 acres. There was a brief discussion after which Bob Ruder made a motion to approve the ordinance; second by Wilto. Those voting in favor of the motion were: Donovan; Palmateer; Hopman; Ruder and Wilto. Tom Steinberg was opposed. The motion carried. Ordinance No. 22, Series of 1979, first reading, amending the Vail Municipal Code to allow one Single -Family Residential unit in the Two Family Residential District and Two --Family Primary/Secondary Residential District on lots of less than 15,000 square feet, with the possible addition of a second rental unit according to the terms specified herein was introduced by Mayor Slifer. Dick Ryan explained the reasoning for this ordinance and then gave a brief explanation of what changes would occur from the enactment of this ordinance. Larry Rider noted than an omi.ssi6n.... existed on the top of Page Two, Paragraph 3, Subparagraph (a') 0 Vail Town Council August 7, 1979 . Page Two which would read "That the applicant shall agree in writing a) that the secondary dwelling unit shall not be sold, transfered or conveyed separately from the primary unit." After a general discussion Council requested the Town Attorney to research the possibility of the addition of language to guarantee long-term/year-round employee housing. John Donovan made a motion to approve the ordinance with the amendment that it ensure long-term, local residents occupy the secondary unit in addition to the corrections as noted above; second by Hopman. A unanimous vote was recorded in favor of the motion. Ordinance No. 32, Series of 1979, First Reading, rezoning an approximately one -acre unplatted parcel commonly referred to as the Getty Site, from Heavy.Service to Medium Density Multi -Family was read into%the record by Mayor Slifer. Dick Ryan gave some background information on the zone change. He also noted that the Planning and Environmental Commission had denied this request and that the staff's recommendation was for the parcel to remain Heavy Service. Gary Andrus, attorney for •the developer, presented their reasons for the zoning change. After a general discussion, Scott Hopman made a motion to deny the request; second by Donovan. A unanimous vote was recorded to deny the rezoning request. Ordinance No. 33, Series of 1979, First Reading, designating zone districts on a 28-acre parcel located in the NJ of Section 12, T5S, R81W of the 6th P.M. recently annexed into the Town was read into the record by Mayor Slifer. Dick Ryan gave an explanation of the ordinance. There were some questions about how the protective covenants apply to this parcel of property in relation to GRFA restrictions. Council requested that the ordinance be amended to reflect the GRFA restrictions imposed on the adjoining lot. A motion to approve the ordinance as amended by John Donovan; second by Hopman. A unanimous vote was recorded in favor. PRESENTATIONS: Discussion on the proposed outdoor facility at Ford Park was introduced by Mayor Slifer. John Dobson made the presentation regarding the addition of an amphitheatre on Ford.Park. It was noted that there •was some concern from the athletic groups about the possible loss of playing fields. Mayor Slifer noted that the:Town hoped to acquire other lands that would becomd available for athletic uses.and that they have been working very closely with the County in their master plan,and hopefully,they will be able to acquire lands for recreational purposes. A lengthy discussion followed. John Donovan made a motion to set aside 1.5 acres for a period of 1 year for the "amphitheatre group" to come before the Council with a proposal and financing,and until that date, the 1.5 acres as located on the map would be.held for the Vail Amphitheatre Group; second by Wilto. A 6-1 vote was recorded in favor of the motion. (Ruder opposed). Discussion went to the Recreation Budget and the watering system on the Ford park athletic fields. Rich Caplan noted that the Town is planning to undertake a comprehensive plan for the Gore Valloy and would include an updated recreation plan and as a part of the "Open Space Program" would be taking a look at all of the recreation .facilities. A lengthy discussion followed on "recreation uses" and the loss of land for them. Council felt that a committee should be set up to discuss the recreational needs and desires of the people.._...It Was suggested that. a report of the committ.ee`.s findings be!isubmit.ted'to Council no later • than November. • Vail Town Council August 7, 1979 Page Three SPECIAL HEARING: Resolution NO. 19, Series of7979, authorizing the filing of an application with the Department of Transportation, U.S.A., for a grant under the Urban Mass Transportation Act of 1964, as amended,was introduced into the record by Mayor Slifer. It was noted that the proposed project would be to purchase necessary capital equipment to improve the quality of bus service and .to purchase 14 buses, 2 support vehicles, 24 mobile radios, office equipment and furnishings, heavy and light equipment and vehicle backing systems. The estimated cost of the project is $1,944,500 and the Federal share requested is $1,555,600. The local share is $388,900, and the source of the local share would be the Town's General Fund. Jon Eberle explained the complete plan in greater detail. After the general discussion, Tom Steinberg made a motion to approve Resolution No. 19; second by Wilto. A unanimous vote was recorded in favor of the motion. Appeal of the Planning and Environmental Commission's decision on .Cyranbs Conditional Use Request to enclose outdoor decks was read into the record by Mayor Slifer, He gave a brief outline of the Council's familiarity with this matter. .Dick Ryan gave the background information pertaining to this request and noted that the Planning Commission recommended denial of, the request by a 3-2 vote. Jerry Grevin, on behalf of the applicant, noted that the staff had recommended approval and that at the last work session, the Council and the applicant had talked about a modified proposal which would include enclosing only the front porch. Tom Steinberg made a motion to uphold the Planning Commission's denial of the applicant's request. The motion died due to the lack of a second. Bill Wilto made a motion to accept the revised proposal which would enclose the north deck only, and the question of where that deck protruded over the Town property must be resolved; second by Palmateer. Wilto felt that a glass enclosure of the north deck would enhance the appearance of the building and could be justified by the protection of the patrons of the restaurant from the vehicular traffic on that side of the building. After a brief discussion, Palmateer felt that the issue should go back to the Planning Commission. George Knox questioned why Council is against the enclosure of any balconies in the Core Area. Property owners' rights were also brought up. Kinda Kaiser spoke to the "Human Rights" issue in which she read .a letter and presented a copy to Larry Rider to enter into the record. (See Attached.) Larry Rider clarified Wilto's motion. There was a general discussion whether or not Council should send the modified proposal back to the Planning Commission. Sandy Mills, planning commission member, felt that it should go back. Mayor Slifer called the question and clarified the motion again. The motion failed 3-2 with two abstentions. (Wilto, Ruder in favor; Slifer, Steinberg, Palmateer against; Donovan, Hopman abstained). The Mayor's reasoning for denial of the proposal is as follows: he doesn't want enclosed balconies; that it is a substantially changed proposal and should go back to the Planning Commission. Steinberg concurred with the Mayor's objections and felt that it would have a significant impact on.traffic. Palmateer was in favor of the proposal but felt that it should go back to the Planning Commission for their review. Mayor Slifer made a motion to send the modified application iaa:ck`to't.he Planning Commission and waived any of the publication requirements that would delay the process; second by Wilto. A unanimous vote was recorded in favor of sending the modified proposal back to the Planning Commission for consideration. MAYOR REPORT: •Slifer noted that the Town had received a petition from the Lionshead Merchants' Association asking that the Council consider the construction of a parking structure in the east Lionshead lot and noted that a public hearing would be held if the desire existed. • Vail Town Council August 7, 1979 Page Four TOWN MANAGER REPORT: Rich Caplan noted that the Western Governors would participate in the Vail Symposium 9. He also announced that a Public Art Exhibit would be in Vail, and would be co -sponsored by the Vail Institute and the Vail Resort Association. The show would be in Town August 15th through October lst. TOWN ATTORNEY REPORT: None CITIZEN PARTICIPATION: George Knox, Jr., asked that 3 stop signs be replaced in the Core area, tore specifically,that the stop signs be put back up at the Vorlaugher. There followed a general discussion about traffic routes especially as they relate to the Hospital. A request was made to have the "Core Rover" back in the Core area. Linda Kaiser asked about speed controls in Bighorn. Mayor Slifer noted that "dips" would be installed. Ella •and George Knox asked for better railings on bridges. An unidentified citizen asked the Council to intervene with the Pascal Construction Company and have them stop digging up the cables (CATV, Holy Cross and Mountain Bell). As there was no further business, the meeting was adjourned. ATTEST: own lerk 0 40 aybr Im IL �7- �t LET S lure ,� e -0,J era input ��iLTzvG Atr� ,9 7 LI r overtime onflict over i Red Cliff, d Sheriff's meeting to 14 LionsHead igned by 66 businesses, res of Ford arming Arts ule meeting rots, page 7 rs leview wi Gilman, Red ` nd Gypsum ras ler I:uslness Manager► Reporter rodudtlon Manager Man has rights; not society and not government Dear Editor: My position on the real estate transfer tax: The United States was established as the first moral society in the history of mankind, with, the only moral purpose of govern- ment being the protection of individual rights, and the most fundamental of these being the right to one's own life. Man has rights; not so- ciety and not government. Neither society nor govern- ment may use man to it's own ends. Gsvernment in- stituted among men derives its just powers from the consent of the governed. As Rome returned to the land tax .as a source of revenue after the decay of the empire destroyed her commerce, so Vail is doing the -same to protect what precious little green space is left from the ongoing greed of the developers. As in any resort com- munity where land is scarce and demand is high, people of both high and question- able moral standards con- gregate. In a resort society life is tough, business is intense, and the people who tend to stay also tend to be intense. There is a lot of very determined input being giv- en to the government of the town and sometmes the specifics of the tax itself threaten us with the loss of insight as to the political ramifications of the issue. There is a great deal of controversy going on right now over the transfer tax. People who wish to be involved in town govern- ment often have a very difficult time in so doing because of the risk of offending a Iriend while upholding a particular moral attitude concerned with the running of the town. The town is very small. it is easier to put up with a little bit of abuse from your government than to do something about it. Tho United States has a system of law within the provisions of the Constitu- tion which constitutes a norm to which ail ordinary statute law must conform. The writing of the Constitu- tion was to protect men from government, not gov- ernment from men. The Constitution has taken this, country farther than any other country in the history of the world. It has esta- blished a zone of freedom, into which NO government may legally operate. The Constitution safeguards in- divldual rights which history has found to be of utmost importance: freedom of speech and worship, the right of habeas corpus, freedom from arbitrary de- privations except by due process of law, and protec- tion from unreasonable search and seizure. Once in office an elected official very quickly loses touch with his constituents. A certain attitude becomes prevailing; that of insulation and sometimes self pity. No one understands that the job is voluntary, and in large part, unpaid. The token payment is simply a token. However, the elected official must understand that he or she ran for office of their own free choice. Men of integrity and pub- lic spirit must seek clear guidance in running a town. They must take all input, even though the taking of it is time consuming. There are proposals from all a- round, some from people motivated by greed and some from people motivated for the good of the town. Sometimes the two groups have even the same goal in mind, if for different rea- sons. No one ever said that the running of the govern- ment was a simple and easy task. The government of men is one of ttie hard6st jobs with which we are faced. . I am taking issue at this time with one particular problem concerning the passing of the transfer tax and that issue is that is was not voted on by the people. An elected official must remember that he or she is an elected official. The peo- ple must remember that if an elected official goes against the constitution and what it stands for, that it is the duty of the people to see that the problem is rectified. I believe that this can be done in a constructive man- ner, it is unfortunate that the system of government which was set up for this country so many years ago lends itself unusually easily to exploitation by the clever and unscrupulous, unless the people see to it that the system is protected. It is also unfortunate that it has become common practice in our political system to pass laws with hidden powers and meanings written into them. We must always guard against this. Our rights are the most precious posses- sion which we have. I believe that it is time to look at our town govern- ment in the very broadest sense and examine very closely what we are doing by allowing a small group of people to pass a very large tax without our consent. We do not need an oligarchy in this town. This is just not a minor problem. It was of such significance at one point in our history that it was one of the things bringing about the writing of the Declaration of entire nation of people. If we today look at these ideas with any less degree of concern because we know all of the people involved, democracy will once again be on the losing side, It takes a lot of the little losing sides to make up one very big losing side. This country does not need losing sides in small town politics right now. It needs in the eyes of the world demonstrations in every town and city that we believe what we say we believe. it needs a theme of protection of individual rights and the protection of the concept that we have the right to pursue happi- ness. No one said that happiness is a right; only that we have the right to pursue it. in delegating power to a government in a small town the government is given the power to govern in the name of the people. it is not given the right to govern FOR the people. It simply does not suffice to go to the special interest groups such as the realtors, etc., and ask for their endorsement. That is still not government by the people. it also does not suffice to say that the people are not interested. They are. As consensus of opinion develops the Council must pay attention. it is not the right of Council to proceed with an attitude that they are right, it is done, and therefore it will be. Our country does not and must never be permitted to run in that manner. When the people have something to say, a council endowed with Wisdom should listen with respect. Even a tool has his story to tell and the right to tell it. I would very much like to see democracy survive in this world, but for this to be so people must have a regard for individual human rights, a willingness to parti- cipate in public affairs, a willingness of groups to work for something other than their own selfish de- sires, and an integrity in the process of going about the business of running the government. It is of prime importance to guard one part of society against the injustice of the other part. This is the purpose of setting up a government with a system of checks and balances. Again, I must emphasize that I am trying to view this problem in a broad sense. I am not concerned about the specifics of the tax itself. We must admit to ourselves the nature of what we are accepting. Facts of govern- ment and facts of rights cannot be eliminated by keeping one's eyes shut and saying that what was done would have been done anyway. We must know the full meaning of that which we are advocating if we do nothing about the actions of the council. A rational mind does not subjugate itself to anyone else's opinions,. threats, wishes or force. ( would like to ask via this letter that those of you who are voters in this town, and who do recognize the need to pay heed to individual rights, contact the council members immediately and demand that this tax be put to the vote of the people. There will be those who say that if everyone is for the tax then there is no need to hold an election. That is not true. To those I say please re -read the above. This country does not need oligarchy on any level. The needs of some men must not take prece• dence over the needs of others. The violation of the rights of an individual means the abrogation of all rights. The enemy of oligar- chy is integrity. . Linda Kaiser Thank you Dear Editor: Just a note to thank you and your staff for your support in providing ad- vance coverage as well as follow-up of the recent Red Zinger Bicycle Classic in Vail. Your cooperation and support help make it an event to mark on the calendar each summer. Sincerely, Mary Morgan Red Zinger Bicycle Classic Vail Advance Committee Investment Planning Workshop Aug 17 Are you paying more taxes In this workshop, students tax brackets. The second ment sales, the selt-em- )w than you have to? You will learn how to formulate a topic, "Insurance from an ployed, business planning