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HomeMy WebLinkAbout1973-08-21 Town Council MinutesMINUTES REGULAR MEETING TOWN COUNCIL OF THE TOWN OF'VAIL AUGUST 21 , 1973' A regular meeting of the Town Council of the Town of Vail was convened at 7:35 p.m., August 21, 1973, in the Council Room of the Vail Municipal Building. Mayor John A. Dobson and the following Councilmen were present: Richard Bailey John.Donovan Joseph Langmaid Josef Staufer Gerry White Tom Steinberg (for a portion only) Also present were: Jim Lamont, Administrative Assistant . Bob Manzanares, Administrative Assistant Kent Rose, Town Engineer Gary Wall, Police Chief Ordinance No. 9, AN ORDINANCE ESTABLISHING COMPREHENSIVE 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 SIGNSS'., TRAFFIC CONTROL SIGNS FOR PRIVATE PROPERTY, MURALS AND SU.PERGRAPHICS A.ND 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 1967); and SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO, was introduced for second reading. The tit,16 was read: in full by the Mayor and the audience advised that copies were available. Changes in the ordinance made since the first reading were discussed.. Councilman Donovan questioned the pro- vision giving the design review board discretion in regard to signs for base- ment businesses. He found the proposed maximum size too large. Mr: L. Parker disagreed; he felt that if this discretion were not allowed, the first floor business is given an unfair, advantage. Mayor Dobson suggested that a different approach would be to allocate a certain square footage of signs to each building and allow the individuals within the building.to work outfurther arrangements within that limit. Mr. Parker suggested that another approach would be to base the size of the sign on the square footage of the business. Mr. Lamont stated that there would still be variations in size of allowable signs under this method. He further noted that there is some flexibility given through the option of sign programs for a building and joint directory signs. After some further discussion, Councilman Donovan moved that the option for below -grade business signs to be up to 12 square feet, at the discre- tion of the design review board, be deleted in each of the four places in which it occurs; Councilman Bailey seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, White and Dobson voted in favor; there were no votes against.; the motion carried. Councilman Staufer disagreed with the provision which prohibited the lighting of traffic control signs on private property. He 'tiioved that indirect lighting of traffic control signs on private property be allowed at the discretion of the design review board; Councilman Donovan seconded.; Councilmen Bailey, Donovan, Langmaid, Staufer, White and Dobson voted in. favor; there were no votes against; the motion carried. Councilman Staufer suggested that the addition of a provision for selective condemnation would result in a court proceeding to remove the Holiday Inn sign, rather than encouraging negotiations for its removal. Mr. Lamont noted that this provision had been requested at the first reading. There was general agreement that the provision should remain in the ordinance. Mr. L. Parker objected to the provision allowing a single business occupant of a building a free-standing sign of 20 square feet. irregardless of the frontage of the business. After some discussion, Councilman Staufer moved that the size limitations of a free-standing sign be calculated on the basis of lineal front footage; Councilman Donovan seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, White and Dobson voted in favor; there were no votes against; the motion carried. The subject of the size of signs allowable in arcades was next discussed. Councilman White moved that signs in arcades be limited to three square feet; Councilman Donovan seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, White and Dobson voted in favor; there were no votes against; the motion carried. As there was no further discussion, Councilman Staufer moved that the amend- ments proposed by the staff be approN%ed, exclusive of the foregoing changes; Councilman Bailey seconded; Councilmen Bailey, Donovan, Langmaid, Staufer; White and Dobson voted in favor; there were no votes against; the motion carried. Councilman White moved that Ordinance No. 9 be adopted as amended; Councilman Donovan seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, White and Dobson voted in favor; there were no votes against; the motion carried and the ordinance was adopted. Ordinance No. 12, AN ORDINANCE ANNEXING TO THE TOWN OF VAIL CERTAIN TERRITORY SITUATED IN EAGLE COUNTY, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS VAIL VILLAGE 11.th FILING, ACCORDING TO THE RECORDED PLAT THEREOF, ZONING SAID PROPERTY IN ACCORDANCE WITH THE ZONING ORDINANCE FOR THE TOWN OF VAIL; AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO, was introduced for second reading. The title was read in full and the audience advised that copies were available. Mr. Rose clarified that the property is being annexed under the old zoning ordinance, but that any improvements made after annexation will be regulated under the new zoning ordinance. As there was no further discussion, Councilman Staufer moved that Ordinance No. 12 be adopted; Councilman Donovan seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, White and Dobson voted in favor; there were no votes against; the motion carried and the ordinance was adopted. Ordinance No. 13, AN ORDINANCE ESTABLISHING BICYCLE AND PEDES- TRIAN PATHS WITHIN THE TOWN OF VAIL, REGULATING THE USE OF SUCH BICYCLE AND PEDESTRIAN PATHS; PROHIBITING THE USE THEREOF BY CERTAIN VEHICLESJAND LIVESTOCK; PROVIDING FOR THE RIGHT-OF- WAY ALONG SUCH BICYCLE AND PEDESTRIAN PATHS; PROVIDING. PENALTIES FOR VIOLATION OF THIS ORDINANCE; AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO, was introduced for second reading. The title was read in full and the audience advised that copies were available. It was noted that the ordinance has been amended to include the prohibition of livestock from these paths. Mr. Wall noted that Vail Associates would like to use the portion of the path that leads to Gondola I for service to that gondola and for ambulances. Such an arrangement might remove some vehicles from the core area. He further noted that there is no provision for special permits in the ordinance as now written. Councilman Staufer was of the opinion that, as the paths were constructed for a specific purpose, the additional use should not be allowed. Mr. Elias inquired if the bicycle path, in those portions where it follows the city streets, was to be separated by a line in the future. Mayor Dobson noted that this would be considered. Mr. Elias inquired if ordinances would be passed regulating -2- the manner in which bicycles are ridden. Councilman White noted that bicycles are bound by state statutes when on the public streets. Mr. Weibel inquired about the relationship of the Vail Associates pumphouse to the bicycle paths. Councilman Langmaid noted that they have agreed to move the bicycle path to the north and use the existing path for their driveway. Trees will be planted between the two paths. Councilman Donovan moved that Ordinance No. 13 be adopted as amended; Councilman. Bailey seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, Steinberg (who entered during the foregoing discussion), White and Dobson voted in favor; there were no votes against; the motion carried and the ordinance was adopted. Ordinance No. 14, AN ORDINANCE PROVIDING FOR THE REVVEW OF ALL LANDSCAPING AS REQUIRED BY THE ZONING ORDINANCE AND THE SIGN ORDINANCE, WITHIN THE TOWN OF VAIL; PROVIDING REVIEW PROCE- DURES AND CRITERIA; ESTABLISHING PERFORMANCE BONDING THEREFOR; REQUIRING MAINTENANCE THEREOF; AND SETTING FORTH MATTERS IN RELATION THERETO AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF was introduced for first reading by Councilman Langmaid The title was read in full, and the audience advised that copies were available. Councilman Langmaid moved that Ordinance No. 14 be approved on first reading; Councilman Bailey 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 for public hearing at the next regular meeting. In regard to a request for a parking variance from Mountain Bell, Mr. Rose reported that they have asked that this matter be postponed. The matter was tabled until the next regular meeting. Mr. Rose explained that the fees to be charged under the new zoning ordinance were being submitted separate fromthat ordinance in order to maintain flex- ibility. Councilman Staufer was of the opinion that the suggested fees would not pay for the staff time involved. Mr. Rose noted that any outside consultant fees would be paid by the developer. There was general agreement among the Councilmen that the fees were too low. Mayor Dobson suggested that the mat- ter be studied further. Mayor Dobson noted that there are two applicants for the vacancy on the Planning Commission: Dudley Holmes and Jack Fritzlen. After an informal vote, the Mayor announced that Mr. Fritzlen had been elected to the Planning Commission. Mr. Jay Peterson asked that the variance request from Ernst Larese be tabled. The matter was postponed until the next meeting. Mr. Elias suggested that the Town impose a use tax. It was his opinion that if this was done the additional 1% sales tax might not be needed. Mr. Peterson noted that the State currently collects the sales tax 'For the Town at no charge; if a use tax were adopted, the Town would have to collect the tax itself. He also suggested that the use tax is very involved administratively. Mr. Elias felt that the tax should not be ignored just because it is difficult to administer. Mr. Lapin added that tax is collected on the re -sale of property in a non - incorporated form. Mr. Lamont added that a use tax is a declining source of revenue as growth slows down. Mayor Dobson agreed to have Mr. Munger and Mr. Bernstein prepare a report on the matter. Mr. Weibel questioned several items on the voucher list for July. Councilman Steinberg noted that, in regard to the meal charges, they actually represent working time of the staff and hence, the cost is relatively inexpensive. Councilman Donovan noted that some of the expenses noted by Mr. Weibel are reimbursable . to the Town. Mayor Dobson noted that if Mr. Weibel cared to look at the records in the Finance Department, he could do so. He did agree, however, that possibly the information on the lists was too • brief. Mr. Weibel complained that his street has not been washed, while the parking lots of the Councilmen have been. Councilman White noted that it is town policy to wash commercial parking lots once -after the snow melts. Mr. Weibel suggested that not all lots were washed. After some discussion, it was agreed that in the., future closer supervision of this policy will be affected. Councilman Donovan noted that the flusher truck is currently not operable. Councilman Staufer inquired if the trailer court above Sandstone is subject to unilateral annexation.: Mr. Dudley Abbott. suggested that there is a piece of property that ties between Sandstone and the trai ter court that would be the key to the annexation. Mr. Rose noted that the matter will be investigated. As there was no further business, Councilman: Donovan moved that the Town Council adjourn at 9:40 p.m.; Councilman Langmaid seconded; approval was unant mous . The Local Liquor Licensing Authority was., convened at 9:40 p.m. The Rotary Club had made application for a special events permit. for August 25 and 26. Mr. Wall reported that he foresaw no problems with the event: Councilman Galley moved that the special events permit application be approved; Council- man White seconded; approval was unanimous. As there was no further business, Councilman Bailey moved that the Local Liquor Licensing Authority adjourn at 9:45 p. m.; Councilman White seconded; approval was unanimous. Town Clerk -4-