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HomeMy WebLinkAbout1973-07-17 Town Council MinutesMINUTES REGULAR MEETING TOWN COU NCI L OF THE TOWN OF VAI L JULY 17, 1973 The Town Council of the Town of Vail, Colorado, met in regular session at the Municipal Building in said Town on. Tuesday, the 17th day of July, 1973, at the hour of 7:30 o'clock p.m. Upon roll call, Mayor John [Dobson and the following Councilmen were present: Richard Bailey John Donovan Joseph Langmaid Josef Staufer Thomas Steinberg Albert White Also present were: Terry Minger, Town Manager Larry Robinson, Town Attorney The meeting was First convened with the Town Council acting as the Local Liquor Licensing Authority. An application had been received from The Place at Vail for an expansion of the premises. Mr. McLaughlin submitted , a tease to the area which is currently owned by Mr. Lazier and Vail 21. He noted that eventually the area will be sold to Vail 21. Councilman Donovan suggested that the expansion would double the size of the premises, yet no additional parking was being required. Mr. Minger noted that patios are not included in the parking requirements. Councilman Donovan suggested that this exclusion should be discussed. Councilman White moved that the expansion at The Place at Vail be approved; Councilman Steinberg seconded; approval was unanimous. As the second item on the agenda of the Local Liquor Licensing Authority had. been cancelled, Councilman Donovan moved that the Authority adjourn at 7:45 p.m.; Councilman Bailey seconded; approval was unanimous. The Town Council was convened at 7:45 p.m. In regard to the second reading of Ordinance No. 8, the new zoning ordinance, Mr. Minger, reported that various people feet that further explanation of certain portions is needed. Mr. Otto clarified that his concern is that there are no standards by which a project can be rejected on the basis of its environmental impact report. Mr. Minger also noted that Ms. Toughitt had submitted a list of proposed changes. Mr. Robinson asked Ms. ToughilL if any practical difficulties would arise if the Final passage of the ordinance were delayed. She responded that there were several projects involving a change of use, conditional use -permit, etc. that would be delayed; however, no major projects would be affected. In further discussion, Council- man Staufer suggested that the ordinance required too much parking. Council- man Donovan suggested that provisions_ could be added which eliminated credits For land which is unbuildable. Mayor Dobson noted that a letter had been received from a committee of local architects expressing their approval of the ordinance. Councilman White moved that the second reading of Ord inance No. 8, the proposed new zoning ordinance, be continued until the next regular . Council meeting, Councilman Donovan seconded the motion, approval was unanimous. Ordinance No. 9 (Series of 1973) AN ORDINANCE ESTABLISHING COMPRE- HENSIVE SIGN REGULATIONS FOR THE TOWN OF VAIL, AND PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF SAME; REGULATING THE ERECTION, CONSTRUCTION, RESTORATION, ALTERATION, LOCATION, LANDSCAPING AND MAINTENANCE OF SIGNS, WINDOW SIGNS, FLAGS, PENNANTS, BANNERS AND BUNTINGS, DISPLAY. BOXES, RESIDENTIAL NAME PLATE SIGNS, SUBDIVISION ENTRANCE SIGNS, TEMPORARY SITE DEVELOPMENT SIGNS, TRAFFIC CONTROL SIGNS FOR PRIVATE PROPERTY, MURALS AND SUPERGRAPHICS AND PERMITTING AN APPROVED SIGN' PROGRAM; ESTABLISHING A DESIGN REVIEW PROCEDURE,AND GUIDELINES; PROVIDING FOR VARIOUS ADMINISTRATIVE, REVIEW AND APPEAL PROCEDURES; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; PROVIDING FOR THE REPEAL OF ORDINANCE NO. 15 (Series of 1969); AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO was introduced for first reading by Councilman Donovan. The title was read in full and the audience advised that copies of the ordinance were available. Councilman Donovan stated that he did not like the lighting of the Bank of Vail sign, which is permissible under this ordinance. He found this lighting very close to neon. Mr. Lamont noted that, in regard to the size of the sign, there is a question as to whether the Bank followed the original plan as approved by the Sign Review Board. Under the new ordinance, the sign would not be allowed to be as large. Mr. Bob Parker inquired if the wording, "plastic is discouraged," could be made stronger. Mr. Robinson \Aa s of the opinion that the wording carried out the intent of the ordinance committee. Mr. B. Parker, suggested that approval from the committee for special events banners was too cumber- some and that such items should be handled administratively. Mayor Dobson agreed that this was a good suggestion. Mr. B. Parker noted that the language in regard to non -conforming signs did not eliminate those signs. Mr. Lamont stated that the original draft contained a provision for the gradual removal of these signs; however, a Denver court -struck down a'similar provision unless just compensation were paid to the owners'. The ordinance committee did not feel that the Town Council should be requested to purchase signs. There was some discussion of whether just compensation would be the cost or the sign or a Figure based on the business it is assumed to generate. Councilman Staufer, was opposed to including such a provision in the ordinance as he felt it would encourage people to fight it rather than compromise. Mr. Lamont added that he has been discussing the proposed re -design, to possibly include sign changes, of the entry to Vail with the owners of the gasoline stations and the Holiday Inn. it was suggested that negotiations continue in this regard. Those who disagreed with this position suggested that it would be necessary to have a legal provision to back up the negotiations, even if the provision gave only the option to the Council for purchase of the sign. Mayor Dobson referred the matter back to the staff for changes prior, to second reading. Mr. Lou Parker suggested that the distinction between interior and exterior signs was not clear enough. Mr. Lamont noted that the ordinance does not concern itself with interior signs except in cases of an interior closed mail or arcade. Mr. Parker noted that the ordinance does not specify the meeting times of the design review board; he was of the opinion that a meeting should be required within 30 days. Mr. Lamont agreed this could be done. Mr. L. Parker was of the opinion that the distinctions in size of sign based on size of shop would not stand up in court. That such provisions are included in sign ordinances from throughout the country was noted by Mr. Lamont. .Mr. David Cole supported the distinctions in size; however, he felt that many below -grade businesses have measurable frontage and should not be limited • to a very small sign. In addition, he suggested that if this distinction were maintained, perhaps variances should be given For larger signs that are aesthetically pleasing. Returning to the question of the legality of the distinc- tions, Mr. Lamont noted that similar, provisions in the Denver sign code had not been questioned when it was in court. Mr. L. Parker stated that he found it offensive that residential signs should be reviewed by the Design Review Board. Mr. Lamont justified this provision on the grounds that the location of residential signs can cause traffic and snow removal problems. Several members of the audience spoke in favor of a review of the requirements for below -grade business signs. Mr. Parker suggested that it .was necessary to provide procedures for an applicant to personal ly appear before the Counci €; Mr. Lamont noted that this could be incorporated. Councilman Staufer had previously moved that Ordinance No. 9 be approved; Councilman Donovan now seconded the motion; Councilmen Bailey, Donovan, Langmaid, Staufer, Steinberg, White and Dobson voted in favor; there were no votes against; the motion carried. Councilman Steinberg moved that a public hearing be scheduled on the second reading on August 21; Councilman Bailey seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, Steinberg, White and Dobson voted in favor; there were no votes against; the motion carriedand the Town Clerk was instructed to publish the ordi nance for public hearing. -2- Ordinance No. 10 (Series of 1973) AN ORDINANCE RELATING TO SPECIAL ELECTIONS WITHIN THE TOWN OF VAIL, DESIGNATING THE TIME FOR SUCH SPECIAL ELECTIONS, MODIFYING AND AMENDING PROVISIONS OF THE COLORADO MUNICIPA L E"LECTION CODE AS SUCH APPLY TO SPECIAL ELECTIONS WITHIN THE TOWN OF VAI L.'AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO was introduced for First reading by Councilman Staufer. The title was read in full and the. audience advised that copies were available. Mr. Robinson explained that the Home Rule Charter pro✓ides that the Town should folibw the Colorado Municipal Election Code. This Code specifies that no special elections should be field within 90 days of a regular election. This provision would prevent the Town from conducting the bond election on September 25. However, the Charter. does " provide for amendments to this code; hence, the proposed ordinance would amend the Code to allow special elections up to 30 days prior to a regular election. The Council was polled asAo whether they had read and understood the ordinance; Councilmen White, Langmaid, Staufer;. Bailey, Donovan, and Steinberg each indicated that he had. Councilman Donovan moved that Ordinance No. 10 be approved on First reading and that a public hearing on second reading be held on August 7; Councilnrian Bat ley seconded; Councilmen Bailey, Donovan, Langmaid; Staufer, Steinberg, White and Dobson voted in favor; there were no"votes against; the motion carried and the Town Clerk was: instructed to publish the ordinance. Ordinance No. 11 (Series of 1973) AN ORDINANCE CONCERNING REVENUE AND IMPOSING A SALES TAX UPON THE SELiJNG.OF TANGIBLE PERSONAL PROPERTY AT RETAIL AND ON THE FUFRNISHING OF SERVICES 7N THE TOWN OF VAIL; INCREASING THE AMOUNT OFSALES TAX WITHIN THE TOWN OF VAIL; C.'ALLING A SPECIAL MUNICIPAL .ELECTION ON SEPTEM- BER 25, 1973, FOR SUBMISSION bF THE INCREASED SALES TAX TO THE QUALIFIED REGISTERED VOTERS FOR APPROVAL OR REJECTION THERE- OF; PROVIDING PENALTIES FOR VIOLATIONS; AND SETTING FORTH DETAILS I,N RELATION THERETO was introduced for first reading by Council- . man White. The tithe was read in full by the Mayor and the audience advised that copies of the ordinance were available. Mr. Robinson clarified that the sales tax would not be in effect until July 1,1974. Counctiman.Donovan moved that Ordinance No. 11 be approved on First reading; Counci Iman 'Steinberg seconded the motion; Councilmen Bailey., Donovan, Langmaid,Staufer, Steinberg, White and Dobson voted in favor; there were no votes .against. The Mayor thereupon declared the ordinance duty approved on first reading and directed that the ordinance be published once in full in the Vail Trail, a legal newspaper of general circulation within the Town of Va i1 on July 20, 1973. The Mayor, advised the Council that petitions for annexation of real estate • commonly known as Vail Village 11th Filing, according to the recorded plat filed with the Eagle County Clerk and Recorder.,. had been duly received' by the Town Clerk and that a public hearing had been scheduled for the regular meeting of the Town Council. The Mayor also.advised the Council that the notice of the public hearing had been duly published in accordance with the provisions of Colorado Revised Statutes (1963) 139-21-7. The Mayor asked if anyone was present at the public meeting who wished to make any comments or statements regarding the annexation of the territory. Mr. Jen Wright suggested that the annexation of this area would be helpful to a future Bighorn annexation. There were no people present to speak against the petitions. Mr. Robinson clarified'that the area is not,yet in the districts; this will be done after it is brought into the Town. However, petitions have been signed that indicate the owners' willingness to join these districts. Mr. Wright noted that it' is correct that the. area is zoned ."Residential.11 He also mentioned that the paving in the area wi t 1 be done next year . The Mayor asked that this be put into writing; Mr. Wright stated that this would be done, There were no other comments from the public. .Upon a resolution made by Councilman White and seconded by Councilman Steinberg the Town Council. voted unanimously to dispense with the reporting of the hearing and to substitute in lieu thereof detailed minutes. summarizing the proceedings. oqamEs CA. cSLEvcn July 6th, 1973 Mayor John Dobson and Town Council Vail, Colorado. Dear Mayor Dobson and Councilmen; It is with sincere regret that I tender my resignation from the Planning and Zoning Commission. My sole reason for this decision is the fact that I am not in a position to devote the necessary time required to be an effective member of the Commission. I am resiging now, so that my replacement may be able to begin work before the new zonbng ordinance goes into effect. I would like to thank you for giving me the opportunity of working with the Council, the Commission and the Town of Vail at such a challenging time in Vail's history. Sin[erely u i a `4lf 7 Ja-+les M. levin jms;dm. c.c. Mr. Terry Minger c.c. Planning and Zoning Commission • At the conclusion of the public hearing, the Town Council was advised that. CPS (1963) 139-21-9 required that certain findings be made. Upon a motion made by Councilman Donovan and seconded by Councilman Staufer the Council voted unanimously to adopt a resolution setting forth the following findings and conclusions: 1 . That the requirements of the appl€cable parts of the Sections, CRS 139-21-3 and 139-21-4, had been met and complied with. 2. That under the provisions of CPS (1963) 139-21-6 (2) no election would be required. 3. That there would be no additional terms or conditions imposed upon the annexation of the subject territory. 4. That an appropriate ordinance would be introduced at the next ensuing regular meeting of the Town Council pertaining to the annexation of the subject territory. Next on the agenda was a request from Vail Associates, Inc. for a conditional use permit For a snow -making pumphouse. A representative of VA noted that the pumphouse would be constructed in an "Agricultural" zone, Tract A, Vail Village 6th Filing, and would be 30,feet by`50 feet. The general vicinity is f` • the area at the bottom of the Lionshead ski trails. Mr. Weibel suggested that the absentee owners should have an opportunity to voice their opinions of the project as it will generate considerable noise.. A notice had been put in the Vail Trail; however, Mr. Weibel maintained that the absentee owners do not read the paper. Councilman Donovan stated that the noise comes from the guns used in snow -making; .if you want snow, you must have noise. The VA representative estimated that the noise is 80% from the guns; Mr. Rose estimated that this is 90%. In regard to alternative locations, it was noted that water is the limiting factor. Ms. Toughill suggested that the pumphouse was not essential to the installation of the system; hence, the decision is not whether or not to have the system. Councilman White inquired if the proposed building is below -grade. The representative of VA replied that it is not and is twelve feet high. There was some discussion of what type of building would be most attractive. It was requested that the building be landscaped.After some further discussion, Mr. Peterson agreed that it was a good..idea to bury.the building, if this was feasible. The Mayor suggested that VA notify the adjoin- ing property owners. Mr. Peterson noted that the equipment has been ordered for this project. A [though studies on the noise levels were sugga sted, Mayor Dobson noted that these would not necessarily be relevant to the decision the i Council must make as the only portion upon which they will decide is the pumphouse. Councilman Donovan moved that the question of a conditional use permit for Vail Associates be continued until the next regular meeting; Councilman Staufer seconded; approval was unanimous. Mr. James Slevin had submitted his resignation from the Planning Commission. The Mayor, speaking for the Council, accepted it with regret. He noted that there are now two vacancies on the Planning Commission. This Commission has scheduled a meeting for 2:00 p.m. on Wednesday. Councilman Steinberg moved that Sally Hanlon and Jack Curtin be appointed to the Town of Vail Election Commission; Councilman Donovan seconded; approval was unanimous. Two applications had been received for the vacancy on the Board of Appeals and Examiners; Don Kline and Dudley Abbott. An informal ballot was taken on the question of appointment. In regard to the winter shuttle bus program, Mr. Minger was of the opinion that two additional buses are required to provide a high level of service. He has been looking at the mini -bus that is used in Denver. It could carry 25 seated and 20 standing, is diesel powered, and the cost is $24,959. Vail Associates has agreed to purchase one bus if the Town will purchase one bus. In regard to the division of operating and maintenance costs, they are proposing that the Town pay 75%. Councilman Steinberg suggested that a further item of -4- discussion should be experimentation either by VA or the Town or both with service outside of the Town. In regard to Ginkelvans, Mr. Minger was of the opinion that the Town should not further experiment with them at this time, but perhaps would do so a year from now. He was of the opinion that the emissions of a diesel engine could be reduced by 60% to 70%. School buses have not been selected as they are not allowed by the P.U.C, to be used on the highway and do not hold up well. Mr. Peterson clarified that Vail Associates can only purchase one of the needed buses if their share of the expenses is reduced to 25%. It was suggested that perhaps the Town could lease vehicles; this is not possible with this type of vehicle. There was some discussion of the different types of engines available. Mr. Minger noted that Aspen will be experimenting with an electric bus. He also noted that the Town has experimented with propane fuels and did not have good results. Discussion also centered on the size of bus needed; Mr. Peterson expressed his opinion that the size tentatively chosen is the best for the purpose. There was some discussion of whether the system is actually a horizontal lift; hence, VA should share more of the expense. Mr. Bernstein noted that operating costs will probably be $50,000 next year. Mr. Weibel suggested that if the Town were to bear 75% of the cost, the buses should be run to a later hour in the evening. There was general agreement among the Council that the type of vehicle being considered was appropriate. In regard to the sharing of operating costs, Mr. Minger thought the choices were either that the Town buy one bus and VA buy none but pay 50% of the costs, or that each buy one bus and the split be 75/25. He noted that the agreement over the years has been that the system will gradually become a municipal system. In either event, VA will house and maintain the buses. Councilman Donovan suggested that there was another alternative which would be for the Town to buy two buses and Vail Associates still pay 50% of the operating costs. Mr. Peterson noted that that was acceptable to him. After some further discussion, Mr. Minger was authorized to continue negotiations with Vail Associates on the three alternatives set forth at this meeting. The minutes of the meetings of June 19 and July 3 had been previously submitted to the Council. Councilman Bailey moved that they be approved; Councilman Steinberg seconded; approval was unanimous. The count of the ballots for the vacancy on the Board of Appeals and Examiners indicated that Don Kline had been elected to the. position. Mr. Bob Parker suggested the need for a more effective entrance sign to the Town. The Mayor noted that this has been considered in connection with the Master Plan but that the Town will work with the VRA on this. Mr. Mery Lapin stated that he was willing to request a non-exclusive franchise for the trash and to allow review of rates to the Town. Councilman Langmaid reiterated his opposition to any kind of a franchise. The other members of the Council were generally in favor of exploring this approach. Councilman Donovan moved that the staff be instructed to draw 'up this type of an agreement for consideration; Councilman Bailey seconded; approval was unanimous. Mr. Weibel inquired if he would be paying a franchise fee. Mr. Weibel inquired if the voucher sheets for each month are available. Councilman Donovan noted that the Council receives them but has not been formally approving them. Mr. Minger noted that members of the general public can request a copy at any time. As there was no further business, Councilman Donovan moved the meeting adjourn at 10:45 p.m.; Councilman White seconded; approval was unanimous. Town Clerk -5 Board of Trustees Town of Vail - 2 - July 31, 1973 I enjoyed the presentation of your planning firm the previous week. You are to be congratulated that you are moving Vail forward in an orderly manner. Last ski season my niece had her skis stolen, but the thief was apprehended immediately. The matter was investigated by your Police Department. On at least twelve occasions I have expressed, either to the Police Chief or to a member of the Police Department, my concern about the Lack of progress on this case. I have received excuses from the Police Chief on this matter, but can not give credence to such excuses. I can only reach the conclusion that after six months of delay and inaction that the Police Chief is either not willing or capable of coping with thieves. Thank you for your attention to the above matters. I would appreciate your comments and resulting action. Sincerely yours, / J. Dudley Abbott • JDA:ob J. Dudley Abbott P.O. Box 398 Vail, Colorado 81657 • Volunteers For Town of Vail Election Commission, Need Council approval, Marylyn "Sally" Hanlon Vorlaufer Building Town of Vail Jack Curtin 311 Bridge Street Town of Vai 1 • i • V=ndistnn 70 YEAR-ROUND MOUNTAIN CONDOMINIUM HOMES 1028 GUARANTY BANK BUILDING 817 - 17TH STREET DENVER, COLORADO 80202 PHONE: 303-892-6626 July 31, 1973 Board of Trustees Town of Vail Vail, Colorado 81657 Gentlemen. - The July 17, 1973 Town Meeting is the subject of this letter; plus one additional item. The new sign ordinance is a plus, and should be enacted. The people who have put this together are to be congratulated. The attitude, exemplified by a particular element that existing signs, i". "Holiday", should be given particular treatment under the new ordinance is not reasonable. The rationale advanced that it is unreasonable to require changes in existing signs is unreasonable and unwarranted. I draw a parallel with the fact that you have changed existing land use density ratios causing extensive losses to land owners. I do not agree with the rationale that "Holiday" brings in a lot of money to Vail and should be allowed to stand. This is a very narrow and confining point of view. There seems to be applications of double standards here, one for land owners and forced reduced land use; and one for sign owners. It is most unfortunate that the BANK OF VAIL sign should be allowed to come under strong attack since your staff had approved the sign before it was erected. Vail Associates, Inc. in their application for erection of a snow making equipment building should have been approved. Snow is the name of the game, and snow making is a necessity at LionsHead. Previously, as a property owner and resident of LionsHead, I have fully recognized the necessity of the noise that accompanies snow making in order to have snow,: on the lower slopes. I call your attention to the fact that VAI now has a non -conforming use in the form of a Race House. This house would be replaced by a much more attractive structure. The alternative simply is either, no snow with resulting lack of skiers; or snow and skiers which spells success of a vital part of our community. I was very distressed that you stood mute on this problem (with one exception), and allowed excessive nit-picking by pseudo "experts". J. DUDLEY ABBOTT, PRESIDENT WILLIAM T. AHLBORG, JR., VICE PRESIDENT WILLIAM S. GRAEFE, SECRETARY -TREASURER