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HomeMy WebLinkAbout1978-11-21 Town Council MinutesAGENDA VAIL TOWN COUNCIL REGULAR MEETING 21 NOVEMBER 1978 7:30 P.M. 1. PRESENTATION OF COMMUNITY SIGNAGE PROGRAM ORDINANCES AND RESOLUTIONS 2. Ordinance No. 38, Series of 1978, second reading, enabling the Town Council to borrow up to $300,000 for working capital. 3. Ordinance No. 39, Series of 1978, second reading, limiting the maximum duration of continuous parking in the Vail Transportation Center. 4. Ordinance No. 40, Series of 1978, second reading, making a . supplemental appropriation .from the Open Space/Capital Improvements Fund for the purchase of the Gondola -'I Plaza. 5. Ordinance No. 41, Series of 1978, first reading, amending the Vail Municipal Code by the addition of Chapter 8.28 relating to fireplaces. 6. Ordinance No. 42, Series of 1978, an emergency ordinance amending Chapter 3.28 of the Vail Municipal Code relating to the Policemen's Pension Fund. 7. Ordinance No. 43, Series of 1978, first reading, amending Chapter 12.04 of the Vail Municipal Code relating to excavation and street cut permits. 8. Ordinance No. 44, Series of 1978, first reading, imposing zoning districts on the recently annexed Elmore parcels. 9. Resolution No. 28, Series of 1978, approving the Town's leasing of certain equipment. PRESENTATIONS 10. Brandess-Cadmus Real Estate, Inc. - appeal of Planning and Environmental Commission denial of conditional use permit. 11. Gaynor Miller - appeal of Planning and Environmental Com- mission approval of conditional use permit for Vail Mountain School. 12. Town Manager - appeal of Design Review Board approval of balcony modifications for Solar Vail Building, Lot 8, Block 2, Vail Potato Patch Filing No. 1. 13. Requests for street cuts. TOWN MANAGER REPORTS TOWN ATTORNEY REPORTS 0 CITIZEN PARTICIPATION i MEMBERS PRESENT: VAIL TOWN COUNCIL .Regular Meeting November 21, 1978 Mayor Rod Slifer John Donovan Scott Hopman Tom Steinberg Bob Ruder Bill Wilto Paula Palmateer OTHERS: Stan Bernstein Allen Gerstenberger Gary Wall Presentation of Community Signage Program. This was i:fitroducted by Allen Gerstenberger who explained the history of it's inception. A representative from Communications Arts, Boulder, explained the program in detail. Ordinance No 38, Series of 1978, second reading. This is an ordinance enabling the Town Council to borrow up to $300,000 for working capital. Slifer then read the "title" into the record. Stan Bernstein gave a more detailed explanation of the purpose -of the ordinance. As there was no discussion, a motion was made by John Donovan to approve the ordinance; seconded by Scott Hopman. A unanimous vote was recorded in favor of the motion. Ordinance No. 39, Series of 1978, second reading. This is an ordinance limiting the maximum duration of continuous parking in the Vail Transportation Center. A motion for approval was made by Bill Wilto; seconded by Scott Hopman. A unanimous vote was recorded in favor. Ordinance No. 40, Series of 1978, second reading. An ordinance making a supplemental appropriation from the Open Space/Capital Improvements Fund for the purchase of the Gondola I Plaza. It was noted that the purchase price would be $250,000 and while the .Town would only be expending $25,000 in 1978,State Statutes require that the Town appropriate the entire sum. Tom Steinberg made a motion for approval; seconded by Bob Ruder. A unanimous vote was recorded in favor of the motion. Ordinance No. 41, Series of 1978, first reading. This is amending the Vail Municipal Code by the addition of Chapter 8.28 relating to fireplaces. Dennis Murphy, Environmental Health Officer, gave a detailed explanation of the ordinance and its purpose which includes settizfg.a..pollutant::standard index that would be put on the Vail Cable TV and set forth a voluntary burning program. After a lengthy discussion,a motion was made by John Donovan to continue Ordinance No. 41 until the next regular Council meeting; seconded by Ruder. A unanimous vote was recorded to continue discussion of this ordinance until the December 5th meeting. Ordinance No. 42, Series of 1978, an emergency ordinance. This ordinance would amend Chapter 12.04 of the Vail Municipal Code relating to the Policemen's Pension Fund. Slifer read the "title" into the record. Gary Wall gave a summary of the purpose of this ordinance.and the reason why it must be passed as an emergency ordinance. Bill Wilto made a motion for approval; seconded by John Donovan. A unanimous vote was recorded. Vail Town Council November 21, 1978 Page Two Ordinance No. 43, Series of 1978, first reading. This ordinance would amend Chapter 12.04 of the Vail Municipal Code relating to excavation and street cut permits. Dan Corcoran gave an explanation and description of the proposed ordinance. Clarification on the billings, who can obtain a permit and administrating official of the Town are-. the three items that are addressed in this ordinance. A lengthy discussion followed,in which it was decided that the Town staff should take a look at the fee schedule and the legal means of collection. John Donovan made a motion for approval with the items outlined above; seconded by Steinberg. A unanimous vote was recorded. Ordinance No. 44, Series of 1978 first reading, imposing zoning districts on the recently annexed Elmore parcels. Slifer pointed out that at the work session it was decided with Mr. Elmore that any decision by the Town Council would be extended for a period of 60 days, In relation to the primary/secondary zoning, Mr. Elmore requested that the Town Council go ahead and adopt the Ordinance in regard to that zone district and extend for 60 days the other area which is approximately 12 acres. Slifer then read the "title" into the record. It was noted that the total parcel is approximately 50 acres and that the Planning Commission approved the primary/secondary zoning parcels (southerly portion referred to as Parcel "B"). Motion was made by Palmateer to approve Ordinance No. 44 as it relates to Parcel "B" of the map referenced to in order to allow primary/secondary zoning; seconded by Wilto. A unanimous vote was recorded in favor of the motion. Palmateer made a motion, which was at the request of the applicant, that Parcels "A" and "C" (reference map) zoning be tabled for 60 days; seconded by Donovan. A unanimous vote was recorded in favor of the motion. Resolution No. 28 Series of 1978 approving the Town's leasing of certain equipment. Bill fyka pointed out that this resolution authorizes the Town Manager to proceed with the leasing of certain equipment that the Town has leased in the past. Donovan made a motion to approve Resolution No. 28; seconded by Hopman. A unanimous vote was recorded in favor of the motion. PRESENTATIONS: Brandess-Cadmus Real Estate, Inc. This is an appeal of the Planning and Environmental Commission's denial of a conditional use permit in order 0 to allow a real estate office on the ground floor in the Casino Building. The applicant was represented by Bob Joyce who gave his presentation against the denial. Larry Rider then pointed out the legal considerations including the questions of estoppel and the application of conditional use permits. A lengthy discussion followed in which there were many legal questions raised which could not be answer at that time; therefore,John Donovan made a motion to table consideration of the appeal until the next regular Council meeting (December 5th). This was seconded by Bob Ruder. The appeal was unanimously tabled until December 5th. Gaynor Miller - appeal of the Planning and Environmental Commission's approval of a conditional use permit for the Vail Mountain School. At the request of the applicant and the appellant, John Donovan made a motion to table; seconded by Steinberg. The matter was unanimously tabled. Town Manager -- appeal of the Design Review Board's approval of balcony modifications for Solar Vail Building._ Jim Rubin gave a presentation of the balcony revisions for the Solar Vail Building. Jay Peterson, representing Bob Lazier, briefly summarized the balcony modifications. Various members of the Design Review Board then spoke in defense of their approval process. After a lengthy discussion Bill Wilto made a motion to uphold the Design Review Board's approval; seconded by Ruder. A 5-2 vote was recorded in favor of the motion. Opposing votes were cast by Dr. Steinberg and Scott Hopmen.: Vail Town Council November 21, 1978 Page Three Street Cuts -- Dan Corcoran gave an individual, detailed explanation of the following street cut requests. 1) Gold Duplex; contractor: David Floyd; address: 4977 Juniper Lane; occupancy: February, 1979. The request is for two cuts which go into the raod for water and sewer lines. Bill Wilto made a motion to approve this request with the provision that the Public Works Department monitor the temperature and weather conditions and that the cuts be made within a two day period if the Public Works Dept agree that the conditions are suitable; seconded by Tom Steinberg with the provisions that the applicant pay for the Town's monitoring time and that he be liable for damages if it is not compacted properly. Included within the motion was the provisions that the cuts must be made prior to December 1st. A 5--2 vote was recorded. Opposing votes were cast by Bob Ruder and Scott Hopman. 2) Holy Cross Electric's request for an extension of the time limit for setting two new transformers. The first is for a transformer extension by Brooktree and the other is for the Casolar del Norte project. These are electrical cuts. A motion for approval was made by John Donovan with the provision that the work be done by December 15th; seconded by Scott Hopman. A unanimous vote was recorded in favor of the motion. 3) Lot 16, Vail Meadows Filing No. 1; Wagner Residence. Bob Ruder made a motion to deny the street cut permit; seconded by Scott Hopman. A 5-2 vote was recorded in favor of the motion to deny. Steinberg and Palmateer cast and opposing votes. Citizen Participation Jay Peterson, representing the Tyrolean Inn, made a request that the present conversion of the restaurant space into employee housing units be able to be reconverted into restaurant space when the employee housing problem is not so critical. Steinberg made a motion to give them a dispensation from their abandonment of their building for a period of two years for long-term housing of their employees; seconded by Wilto. A unanimous vote was.recorded in favor of the motion. Donovan voiced his concerns about the time taken to complete the Ice Rink. He requested that the architect be at the next meeting to explain the various delays. John Jake and Earl Eton are the operators of the snow cat operation in Vail and they were asked by the Forest Service to outline their proposals to the Town Council. They are moving their operation from Meadow Mountain to the Bald Mountain area, utilizing the Sprattle Creek Jeep Trail. Concerns were voiced by the Council about a potential parking problem in that area. As there was no other business, the meeting was adjourned. ATTEST: MA OR TOrW(KAK�* AGENDA VAIL TOWN COUNCIL REGULAR MEETING 21 NOVEMBER 1978 7:30 P.M. 1. PRESENTATION OF COMMUNITY SIGNAGE PROGRAM ORDINANCES AND RESOLUTIONS'" 2. Ordinance No. 38, Series of 1978, second reading, enabling the Town Council to borrow up to $300,000 for working capital. 3. Ordinance No. 39, Series of 1976, second reading, limiting the maximum duration of continuous parking in the Vail Transportation Center. 4. Ordinance No. 40, Series of 1978, second reading, making a supplemental appropriation from the Open Space/Capital Improvements Fund for the purchase of the Gondola I Plaza. 5. Ordinance No. 41, Series of 1978, first reading, amending the Vail Municipal Code by the addition of Chapter 8.28 relating to fireplaces. 6. Ordinance No. 42, Series of 1978, an emergency ordinance amending Chapter 3.28,of the Vail Municipal Code relating to the Policemen's Pension Fund. 7. Ordinance No. 43, Series of 1978, first reading, amending Chapter 12.04'of the Vail Municipal Code relating to excavation and street cut permits. 8. Ordinance No. 44, Series of 1978, first reading, imposing zoning districts on the recently annexed Elmore parcels. 9. Resolution No. 28, Series of 1978, approving the Town's leasing of certain equipment. ` PRESENTATIONS 10. Brandess-Cadmus Real Estate, Inc. -- appeal of Planning and Environmental Commission denial of conditional use permit. 11. Gaynor Miller - appeal of Planning and Environmental Com- mission approval of conditional use permit for Vail Mountain Schoo 12. Town Ma-nager - appeal of Design Review Board approval of balcony modifications for Solar Vail Building, Lot 8, Block 2, Vail Potato Patch Filing No. 1. 11. RegVp sts for street cuts. 199--198' CAPITAL IMPROVEMENTS . 1.. TF•N 3� - ;9Ftll 1<, ��..... 11962-� _- 'u � A. OPi 'n•rF PRIV!.RY LIST (- !.Pf rf. FEE _ Putal is/Private Joint Venture S/S,000 -� - 575,000 �575,000 S75,OG0 Dobson Aron, 1 Landscaping 50,000 . Interior Gondola I Park - design 75,000 7.500 1So,000 Iql 100:000 Bu , (2 in 1979) 40,000 195,000 260,000 260,000 ve:1 v..11oy or. Fn..!nslTian Valk F . Pedestrian Bridge 25,000 - . Sidewwalk 10,000 - Covered Bridge Repair 5,000 1 Bighor,. Bridges - Road 45.000 .Bridge L gird Drive 50,000 1 Ca_.;Ur , ehensive Sign Program .Artwork, Const. Drawings 10,000 - ' .Directional Signs 15,000 . L Directional Signs 20.000 ,Street Signs 10,000 ; Ski Museum Roof Repair Street Paving 2,000 60.000 21,000 26,000 .Vail Rd. (0.17 mi. repave) 22,200 .Ptarm-Aran Rd. (0.34 mi drip seal) 5,800 Chick Point Charlie Construction 15,000 Stem Seder Sleeve - Gore Creek Dr. 2,000 Creekside Stairs - Replace Liens Mead Malls - Surface Repair 4,000 20,000 20,000 - 20:000 3 20 , 000 I Street Lights 7,000 7,000 7,000 7,000 { Lionsfiead Bus Turn -Around 3,000 i Nat 1. Bank Intersection Design 1,000 Athletic Club Corner Improvement 11000 NiShnay, Tree Transplanting 2,000 a 5.000 S;000 5,000 i Road L Stream Revegetation 4,000 3.000 ,. 3,000 2,000 Sprinkler System - City Nall/Post Office 1,000 � Post Office Parking Lot - Repave 2,500 _ _ . _.__.___ _ _ _ _ : -. .. •- ! Sub -Total - Open Space -� $445,000 [ COfliti'IUED ON Z) fE{ 25,000} E 20,coo j I 7,000 5,000 'TEXT PAGEy----> Pg. 2 1979-1983 CAPITAL IMPROVEMENTS � i2EC C`OPEiI SPACE FEE OTHER i r B. OPEN SPACE - SECONDARY LIST Bus Shelters S 5,000 - 6,000 6,000 6,000 ttill Creek Diversion Readgate 12,000 Sidewalk - 4-way stop to MuseUM 4,000 --. Red Sandstone Rd. Realignment ?) 12,000 Street Rapavirg - Forest Road E1 30,000 Sprinkler System - Overpass (North) 8,000 Best Lions Read Entrance 5,000 C. RECREATIONAL AMENITIES FEES Running Paths I $101000 Ford Park Waterline $' 17,000 Bike Paths 111777 - .Bighorn - Willow Way to Nugget Lana 18,000 .Overpass to Sandstone Rd. $17,000 .9ighorn to base of pass - Lions Ridge Park Katsos Ranch Park - picnic areas 000 1,L1C0 Kateos Iflu Pa.-!] - revegetato i 3,000 Sprinkler systc:xis .Pirate Ship Park ! 11,000 .Roiter Staub Park 5,600 Parcours Exercise Course 8,000 , Strrainu:alk - Village along Gore Creek 2,ODD Lionsuead Tot Lot 1 3,000 sand>tonc Tot Lot - drinking fountain 500 Ford Par•L olmysters ij 2aQOJ �$35,100 Sub -Total: Roc Amenities Tres I 0. OTITR FUNDING SOURCES Libvary - Design S Construction' E 1.500,000 Municipal Parktng_StructUl! 3 Inforr:ation Center 3,UJO,000 Sub -Total: 9mtJs - i4,'.,17,i"UO 65.000 Im 2/3 11983 ...... ....a 6,000 CoNTINUEO tX1 NEXT PAG!:J )- 3 1979--�-1983 C /--\ L ff�/1 i 1979 i OPEPi 3 REC E. 15SO-83 CAPITAL PROJECTS i 1 VTC Infor-ation Center Expansion V..:nicipal 8uill1n9 I^prolements i Ford Park - Fronta7e .4. Parking d Stairs f Course Pond Parking Lot reet Curbir.9 Program Outdoor HdndbaII Courts Sprinkler Systems Y.;;nicipal S"ii;ain9 Pobl F. GW.,'D TOTAL FOR ALL # 5521.600 ^ 3!3! SSa 1C0 $-0,517,OOC CA79GORIES li __ S� _-_x -- — 7 t MOVEMENTS ff I 1980 1981 1982 1983 - $20,000} i 25,OOD { { 44,000 i2,000 9.000 1 5,000 5.000 5,000 8,000 15,A00 27,000 1,000,000 f t ' NO of nail box 100 office of the town manager vail, colorado 81657 (303) 476-5613 STATEMENT February 19, 1979 TO: Jay Peterson Attorney at Law 0 FROM: Diana Isgrig RE: TRANSCRIPT OF DISCUSSION AT TOWN COUNCIL MEETING OF NOVEMBER 21, 1979 - TYROLEAN INN 3 hours @ $10.00 per hour.................$30.00 Please make check payable to Diana Isgrig P.O. Box 100 Vail, Co 81657 10 Thank you. TRANSCRIPT: THE TYROLEAN INN NOVEMBER 21, 1978 ROD SLIFER: Citizen participation. JAY PETERSON: I've got one, unfortunately. The Tyrolean Inn has plans of putting some employee dormitory rooms in the lower floor of the old Blue Cow. It amounts to seven bedrooms, two employees, one in each bedroom, 14 employees. There will bathrooms in there. They can do it because it fits into the zone. The problem is, that it is zoned right now for a restaurant and once we take that ? out it can't go back into a restaurant again. They are spending a large amount of money doing these dorm rooms and they don't want to take them out until the employee housing problem is solved. But they have no guarantees at that point that they could go back to a restaurant. They have lost a lot of employees sofar, they've lost two and are about to lose two more employees because they cant find housing. Their going to house 14 of their employees right in Town. They don't have to drive there, they don't have to do anything. SCOTT HOPMAN: What's in that space right now? JAY PETERSON: It's a restaurant, part kitchen, bathroom, party room, pool room. They are taking that out and putting the bedrooms in. ROD SLIFER: Have they started? JAY PETERSON: No, they haven't started. The problem is the Zoning Ordiance on that use is non -conforming use, and once they change it, they will have to come back in to get the use again. JOHN DONOVAN. Now you no that? JAY PETERSON: Yes. They can't afford to do that, because TYROLEAN INN Page 2 JAY PETERSON: CONTINUED they can't afford to lose the use but during this .interim period with the employee housing crunch, they need to do this. JOHN DONOVAN: But Jay you know we can't answer questions that are going to asked of us down the road. JAY PETERSON: But I think Larry, isn't there a way that the Town passed a Resolution that it,s not going to be deemed abandoned. Otherwise, it just not going to be worth it. It can't be done. Because they can't do it. JOHN DONOVAN: Sure they can do it. They'll have to take the risk that it won't be approved as a restaurant again. JAY PETERSON: But thats a risk they can't afford to take. JOHN DONOVAN. Well they can't afford not have employees either. JAY PETERSON: Well, everyone is in that boat this year. Their willing to supply housing for their own employees. Otherwise its just going to remain a restaurant this year. ROD SLIFER: Larry do you have something to say. LARRY RIDER: What John's request is, their saying we have now an existing conditional use the ordinance says that if its not used as such within a year for a years period it is deemed abandoned. . And what Jay is saying, we don't want to abandoned it, we want to provide the housing but we want to keep the conditional use. What we are asking "A TYROLEAN INN PAGE 3 • LARRY RIDER: CONTINUED you to do is recognize not amend it. You can do that by motion. You can just say we recognize that youaE8t abandoning this. JAY PETERSON: It seems rather obvious that we are not going to take it out until employee housing units aren't needed anymore. But once employee housing units are built in Vail that dorm • room,.like that, it will be un- occupied. Nobody will stay in it because its not _good;:, housing. Just like trailers down the valley but their sure jammed up this year. Its good and thats all I'm asking for. But we don't want a set of dorms that are empty five years from now. BILL WILTO: Isn't this something that should be before the Planning Commission? JAY PETERSON: No, there is no provision for anything in the its got to be done by REsolution. There is no variance proceedures there is no nothing. I've been through the Zoning Ordinance. There is no procedure to do it, except the Resolution that it would not be deemed abandoned. JOHN DONOVAN: How many showers are they putting in? JAY PETERSON: I don't no the exact number but there is a shower room. UNKNOWN: There is a men's room, there is a ladies room, there are shower faciliti=- in each=one, sink facility and toilet. i TYROLEAN INN PAGE 4 • JOHN DONOVAN: In other words, one shower, one sink, one toilet. Your saying that the ideal situation would be 7 and 7. JAY PETERSON: I don't know what the break down is. ROD SLIFER: Don't mix that up anyway. INAUDIBLE: JOHN DONOVAN: There is a hell,of a lot of people pushed in.that basement. is JAY PETERSON: Inaudible. Its a big room. It a dorm type like Poor Richards was. BILL WILTO: I don't have any problem with it. DR. STEINBERG: We should pass a Resolution oking it that we're not, we're recognizing not abandoning their rights as a restaurant. LARRY RIDER: I recommend we do it by a motion not a Resolution. DR. STEINBERG: Ok. ROD SLIFER: Would you like to make a motion. DR. STEINBERG: I make a motion we give them a dispensation from the abandonment of their building to a period of two years for long-term employee housing of their employees no short-term, no condominiumization, no inaudible JAY PETERSON: Its the Tyrolean Inn and the Lancelot because they are both tied together. BILL WILTO: Seconded. ROD SLIFER: We have a motion and a second. With a two year stipulation and the stipulations that Dr. Steinberg mentioned. TYROLEAN INN PAGE 5 i ROD SLIFER: CONTINUED LARRY RIDER: ROD SLIFER: JAY PETERSON: 0 0 Seconded by Bill Wilto. Is there any other discussion? All in favor .... Larry how would this be done, by contract, by letter agreement? They would be ... Jay can just ... his client could pay to have the tape transcribed and just put the tape in the file I:;.think-lthat would be fine. OK. No other discussion. All in favor say aye. Those opposed. UNANIMOUS. Thank you.