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HomeMy WebLinkAbout1978-12-05 Town Council MinutesAGENDA VAIL TOWN COUNCIL REGULAR MEETING 5 DECEMBER 1978 7.30 P.M. ORDINANCES AND RESOLUTIONS 1. Ordinance No. 34, Series of 1978, second reading, adopting by reference the Colorado Model Energy Efficiency Construc- tion and RenovationStandards for Nonresidential Buildings. 2. Ordinance No. 36, Series of 1978, second reading, adopting by reference the Uniform Building Code, 1976 Edition. 3. Ordinance No. 37, Series of 1978, second reading, adopting by reference the "Model Traffic Code for Colorado Municipal- ities", 1977 Edition. 4. Ordinance No. 43, Series of 1978, second reading, amending Chapter 12.04 of the Vail Municipal Code relating to exca- vation and street cut permits. 5. Ordinance No. 44, Series of 1978, second reading, imposing zoning districts on the recently annexed Elmore parcels. 6. Ordinance No. 41, Series of 1978, first reading, amending the Vail Municipal Code by the addition of Chapter 8.28 relating to fireplaces. 7. Ordinance No. 45, Series of 1978, first reading, making supplemental appropriations from the General Fund and other specified funds. S. Ordinance No. 46, Series of 1978, first reading, adopting a budget and financial plan for the Town of Vail for the fiscal year 1979. 9. Ordinance No. 47, Series of 1978, first reading, establishing a Debt Service Contingency Fund. 10. Ordinance No. 48, Series of 1978, first reading, imposing an occupation tax on all electrical utilities operating within the Town of Vail. 11. Ordinance No. 49, Series of 1978, first reading, granting a franchise by the Town of Vail to Holy Cross Electric Association, Inc. 12. Resolution No. 29, Series of 1978, authorizing the granting of a franchise to Holy Cross Electric Association, Inc. PRESENTATIONS 13. Brandess-Cadmus Real Estate, Inc. - appeal of Planning and Environmental Commission denial of conditional use permit, continued from November 21 meeting. 14. Gaynor Miller - appeal of Planning and Environmental Com- mission approval of conditional use permit for Vail Mountain School, continued from November 21 meeting. 15. Holiday Inn - appeal of Zoning Administrator's denial regard- ing rental car lease of 10 parking spaces. TOWN MANAGER REPORTS TOWN ATTORNEY REPORTS I-- MEMBERS PRESENT VAIL TOWN COUNCIL Regular Meeting December 5-, 1978 Mayor Rod Slifer John Donovan Scott Hopman Paula Palmateer Tom Steinberg Bob Ruder Bill Wilto OTHERS: Terry Minger Larry Rider Stan Bernstein J.C. Clark, representing Vail Associates, opened the meeting with A tthe parking policies to be adheared to during the winter season for the "day -skier" lots. Ordinance No. 34, Series of 1978, second" reading. This is an ordinance adopting by reference the Colorado Model Energy Efficiency Construction and Renovation Standards for non-residential buildings. A motion for approval was made by Donovan; seconded by Hopman. -A unanimous vote was recorded in favor of the motion. Ordinance No. 36, Series of 1978, second reading. This is an ordinance adopting by reference the Uniform Building Code, 1976 Edition. A motion for approval was made by Donovan; seconded by Hopman. A unanimous vote was recorded. Ordinance No. 37 Series of 1978, second reading. This amends by reference the "Model Traffic Code for Colorado Municipalities", 1977 Edition. Bill Wilto made a motion for approval; seconded by Steinberg. A unanimous vote was recorded. Ordinance No. 43, Series of 1978, 'second reading. This ordinance amends Chapter 12.04 of the Vail Municipal Code relating to excavation and eet cut permits. Larry Rider explained the various amendments to s s ordinance. More specifically Section 12.04350, Fees, was amended to ~ ,�.i ect a change in the basis fee from $5.00 to $25.00; backfilling, etc. is to be charged by time and materials. Paula Palmateer made a motion to approve the amended Ordinance No. 43; seconded by Steinberg. A unanimous vote was recorded. Ordinance No. 44, Series of 1978, second reading imposing zoning districts on the recently annexed Elmore parcels. A motion by Tom Steinberg to approve; seconded by Ruder. A unanimous vote was recorded. Ordinance No. 41, Series of 1978, first reading. Slifer explained that this is an ordinance amending the Vail Municipal Code by the addition of Chapter 8.29 relating to fireplaces. After a brief discussion a motion to approve was made by Steinberg; seconded by Palmateer. A unanimous vote was recorded. Ordinance No. 45, Series of 1978, first reading. This ordinance would make a supplemental appropriation from the General Fund and other specified funds. Bill Pyka, finance department, responded to the questions from the Council: as did Stan Bernstein, Finance Director. A motion to approve was made by Scott Hopman; seconded by Tom Steinberg. A unanimous vote was recorded. Ordinance No. 46, Series of 1978,' first reading adopting a budget and financial plan for the Town of Vail for the fiscal year 1979. Slifer explained that this ordinance was a summary of the budget. After a brief discussion a motion to approve was made by Steinberg; seconded by Wilto. A unanimous vote was recorded. Vail Town Council December 5, 1978 P :gv Two Ordinance No. 47, Series of 1978, first reading. This is an ordinance establishing a debt service contingency fund for the Town of Vail. Stan Bernstein gave a more detailed explanation.of its purpose. A motion to approve Ordinance No. 47 was made by John Donovan with amendments to Paragraph 3.12.020 to say -the "Town Council by resolution adopted by five members of the Town Council..." &"Council by affirmative -unanimous vote..."; seconded by Hopman. A unanimous vote was recorded in favor of the amended ordinance.. Ordinance No. 48, Series of 1978, first reading imposing an occupation tax on all electrical utilities operating within the Town of Vail. Larry Rider explained that this ordinance as well as the following two are part of a "franchise package" agreed to by Holy Cross Electric and the Town of Vail. He then discussed each ordinance in more detail. A motion to approve was made by Steinberg; seconded by Hopman. A unanimous vote was recorded. Ordinance No. 49, Series of 1978, first reading, granting a franchise by --the Town of Vail to Holy Cross Electric Association, Inc.. A motion to approve was made by Bill Wilto with the amendments that were outlined by Larry Rider and that Holy Cross submit an undergrounding schedule to the Town prior to the next reading; seconded by John Donovan. A unanimous vote was recorded. Resolution No. 29, Series of 1978 authorizing the granting of a franchise to Holy Cross Electric Association, Inc.. Tom Steinberg made a motion to approve; seconded by Scott Hopman. A unanimous vote was recorded. PRESENTATIONS Brandess-Cadmus Real Estate, Inc., Slifer noted that this had been continued from the November 21, 1978 meeting,. Larry Rider then addressed the questions that were raised at the prior meeting and noted that the applicant, would be willing to agree to the condition that the real estate use would be "personal" to them and that upon transfer or sale of the property, the real estate usage,,wou.ld not .be transmitted. Bob Joyce, attorney for the applicant, then outlined their position and answered questions from the Council. Bill Wilto made a motion to reverse the Planning Commission's denial of and approve the Conditional Use Permit for Brandess-Cadmus Real Estate with the condition that terms as previously -discussed are worked out at a later date. This was seconded by Tom Steinberg. A 4-3 vote was recorded in favor. Slifer,' Hopman and Ruder cast the opposing votes. Gaynor.Miller's Appeal. This is an appeal of the Planning and Environmental Commission's approval of conditional use permit for Vail Mountain School. Jim Rubin stated that a compromise had been reached by the two opposing parties and they had sent a letter setting forth that compromise tothe Council. The compromise basically centered around changing":"tbe location of the building, which had previously been approved bythe Planning Commission. Jim Rubin outlined the new location in more detail. Donovan made a motion to uphold the Planning and Environmental's approval of the conditional use permit for the Vail Mountain School subject to the Planning and Environmental: Commission's approval of the new site plan. This was seconded by Bob Ruder. A unanimous vote was recorded in favor of the motion. Holiday Inn's Appeal. This is an appeal of the Zoning Administrator's denial regarding a.rental car lease of ten parking spaces. Jim Rubin gave the Council the background information on the appeal_which.centered .round the denial of a business license for Hertz Rent -A --Car and their lease agreements. Jim Rubin felt that the lease agreement between Hertz and the Holiday Inn was contrary to the intent of the Zoning Ordinance. r Vail Town Council December 5, 1978 Page Three Holiday Inn, cont. A representative from the Holiday Inn responded to questions from the Council. Larry Rider then gave his legal interpretation of the lease agreement and how it related to the zoning ordinance. After a lengthy discussion, John Donovan made a motion to table any decision on this matter until the next regular meeting; seconded by Wilto. A 6-1 vote was recorded in favor of tabling. Hopman cast the opposing vote. 1979 Fee Schedule for the John A. Dobs6n Ice Arena. After a lengthy discussion a motion was made by Tom Steinberg to adopt the first column on the left of the first draft that was presented toihe Council with the balance of the program being one rate; seconded by Palmateer. A 6-1 vote was recorded in favor. Ruder cast the opposing vote. John Donovan expressed -some concern about the Red Sandstone Elementary School program and he asked that a representative from the school be at the Council's next meeting. ItAs there was no further business, the meeting was adjourned. ATTEST: T WPJ CLER K -14