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HomeMy WebLinkAbout1981-04-07 Town Council MinutesIr flowo of nail ►J VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, APRIL 7, 1981 7:30 P.M. b o x 1 0 o • v a i I, C o l o r a d o 8 1 6 5 7 • 3 0 3 • a 7 s 5 6 1 3 ORDINANCES AND RESOLUTIONS (1) ORDINANCE #17, SERIES OF 1981, FIRST READING, AN ORDINANCE ADOPTING 1980 SUPPLEMENT TO THE VAIL MUNICIPAL CODE. (2) ORDINANCE #18, SERIES OF 1981, FIRST READING, AN ORDINANCE RELATING TO PERSON SERVICE OUTLETS IN CCI AND CCII. (3) ORDINANCE #16, SERIES OF 1981, FIRST READING, AN ORDINANCE AMENDING THE UNIFORM BUILDING CODE, 1979 EDITION; SETTING FORTH STANDARDS FOR THE CONSTRUCTION AND REPAIR OF ROOFS IN THE TOWN OF VAIL. (4) RESOLUTION #9, SERIES OF 1981, A RESOLUTION SUPPORTING THE DEVELOP- MENT OF COUNTY WATER STORAGE FACILITIES. (5) RESOLUTION #10, SERIES OF 1981, A RESOLUTION REGARDING THE WESTERN SLOPE CONGRESSIONAL DISTRICT. CITIZEN PARTICIPATION (6) APPEAL OF PEC DECISION ON VARIANCE REQUEST OF LOT 3, BLOCK 3, BIGHORN 3RD FILING. (7) APPEAL OF RED LION -INN DECISION BY THE DESIGN REVIEW BOARD. (8) APPEAL OF PEC DECISION REGARDING CASOLAR, LOT 12, REQUEST FOR VARIANCE. (9) CALL UP OF GARTON'S DECK PROJECT. (10) AMENDMENT TO THE VAIL VILLAGE URBAN DESIGN GUIDE PLAN FOR THE AREA BETWEEN PLAZA LODGE AND THE CASINO BUILDING_ (11) APPOINTMENT OF LIQUOR LICENSING AUTHORITY MEMBER. �(12) APPOINTMENT OF BOARD OF APPEALS MEMBER. TOWN MANAGER REPORT TOWN ATTORNEY REPORT ADJOURNMENT /+ RICHARD CAPLAN, TOW)r MANAGER i MINiTES VAIL TOWN COUNCIL Regular Meeting April 7, 1981 7:30 p.m. OpTuesday, April 7, 1981, the Vail Town Council convened for its regular meeting at 7:30 p.m. in the Council Chambers located in the Vail Municipal Building. MEMBERS PRESENT: Mayor Rod Slifer Bud Benedict Paul Johnston Bob Ruder Tom Steinberg Ron Todd Bill Wilto OTHERS PRESENT: Richard Caplan, Town Manager Larry Rider, Town Attorney The first item on the agenda was the reading of Ordinance #17, first reading, an ordinance adopting the 1980 Supplement to the Vail Municipal Code. After an explanation of the ordinance by Rich Caplan and some discussion, a motion was made by Paul Johnston to approve the ordinance. The motion was seconded b Tom Steinberg. All voted in favor and the motion carried unanimously and ordered published in full on first reading. The second item on the agenda was the first reading of Ordinance #18, Series of 1981, an ordinance relating to person service outlets in CCI and CCII. This ordinance pertains to barber shops, beauty shops and beauty parlors being permitted on first floor buildings. After some discussion, Bill Wilto made a motion to approve the ordinance on first reading and Paul Johnston seconded it. All voted in favor and the motion was passed unanimously and ordered published in full on first reading. Next item was the first reading of Ordinance #16, Series of 1981, an ordinance relating to the construction and repair of roofs in the Town of Vail. Mike McGee of the Fire Department commented on the ordinance. He stated that it would probably take the Town approximately 14 years to have the whole town in compliance with this ordinance. Tom Steinberg made a motion to approve Ordinance #16 on first reading and Bud Benedict seconded it. All voted in favor and the motion was carried unanimously and the ordinance ordered published in full on first reading. The next item on the agenda was Resolution #9, Series of 1981, a resolution Sporting the development of county water storage facilities. Mr. Caplan ted that this resolution was written in County Commissioner's Troxel's support for a reservoir site in the Edwards/Wolcott area. Mr. Caplan stated that Mr. Troxel was in the minority over this issue. Tom Steinberg made a motion to postpone action on this resolution until the issue was studied further. Bill Wilto seconded the motion. A vote was taken and the motion carried unanimously. It was decided to present the resolution again at the April 21st meeting. The next item on the agenda was the reading of Resolution #10, a resolution regarding the Western Slope Congressional District. Mr. Caplan stated that this resolution was adopted to support the position of CAST relating to the need of a Western Slope resident member of the legislative committee from the Western Slope district. Ron Todd made a motion to adopt the resolution and Bob Ruder seconded it. All voted in favor the the motion passed unanimously. CITIZEN PARTICIPATION Joe Staufer had two comments to make - first was a question to the Council regarding the status of a new PA system for the Council Chambers. Mr. Caplan stated that that had been one item to be removed from the Capital Improvement 0dget because of the low revenue year. VAIL TOWN COUNCIL Regulat Meeting April 7, 1981 Page 2 T• second item Mr. Staufer brought up was his concern over closing the Dobson Ice Arena on the same date as the mountain closes. He stated that one of the issues in the bond drive for the arena was that it was to be an alternative to skiing after the mountain had closed. Pat Dodson, Recreation Department Director, stated that there was a need to close the arena down annually to melt the ice and clean the rink and that this was the least used time of the year. Also, because of the low revenue year, it was costing too much money to keep it open during the off season with the minimal amount of attendance that they normally get this time of year. As there was no further citizen participation, the Council moved to the next item on the agenda, that being the Appeal of the Bighorn 3rd Filing, Block 3, Lot 3, owned by Mr. William Luke. Peter Patten, Zoning Administrator, gave the Planning Commission's report on the zoning of the property, stating that the property was on a very steep slope and was not capable of supporting three developments and had been reduced to two. Mr. Luke stated that he met four times with. the Planning.Commission to resolve this problem. He then addressed the minutes of the Planning Commission: 1) Why does RC have to compete with multiple dwelling next door? • 2) You can't downzone without.prejudicial downzoning from people without their help and official interest, not legally. The response from the Planning Commission Member was: Two meetings before with the Planning Commission Mr. Luke asked for a delay so that he could provide more information showing two surveys of the property. Mr. Mayor and I visited the property on February 9 and.we did not see anything that would allow special treatment. A motion was made to uphold the decision of the Planning Commission. The motion was made by Ron. Todd and second by Tom Steinberg, No further discussion, the motion passed unanimously. The next item that was brought up was the Amendment to the Vail Village Urban Design Guide Plan for the Area between Plaza Lodge and the Casino Building. The Council has received a letter asking that we table this issue. We have asked the applicant to evidence to the Planning Commission and the Council that they have the legal right to build on that property. There is some question in our minds whether or not they have this right. We have also asked for documentation to that effect. Pending.that information a motion was made to refer the matter back to the Planning Commission. The motion was made by Tom Steinbert, second by Paul Johnston. The motion passed unanimously. TO next item that was brought up was the appeal of Red Lion Inn Decision by the Design Review Board. Peter Patten stated that the motion wasto approve the addition pending that it meets Section 18.54010 of the Vail Municipal Code provided that the engineering be approved prior to the issuance of a building permit. A presentation was made by Bill Rouff representing the applicant regarding the Appeal. The presentation told of how the design took into consideration the various DRB.and Vail Municipal Code Guidelines. Also for the first time, the architectural drawingsof the landscape plan were presented. Jeff Selby commented that the meeting for the approval before the Design Review Board and Planning. Commission went into much further detail then Bill Rouff. Max Garrett thus stated the position of the appellant.that the DRB acted in disregard of Ordinance 18.54010 Section B and of Ordinance 18.51010.basically the blocking of private and public views. Lastly he objected to the Design Review Board's ignoring the Urban Design Guide Plan Number 11. Next was an appeal from Curtan-Hill, presented by Jack Curtain. Jack saw three options for the Council: 1. Reject design; 2. Send design back to DRB;. Approve plans as submitted. brought up the roof design and how it does not fit with the surrounding buildings. He also said that the facade did not fit and that there was a loss of a patio on the Red Lion. He also touched on the landscaping plan and stated that he did not think it would do what it was supposed to do. VAIL TOWN COUNCIL Regular Meeting April 7, 1981 Page 3 D� Ryan commented that this was just a rehash on the previous on the R Lion. Jeff Selby commented on how the Red Lion developers did not develop the site to its fullest extent and that the developers felt the landscaping plans did do the job intended. Max Garrett next commented that the DRB has the law to follow about views.. Julia Takahashi read a statement from Mrs. Joanna Hill against the development. Dale Palm.commented on the loss of view from the Mill Creek Building. Diana Donovan commented that maybe an environmental impact report is required because of sewer.and utility systems now existing. She also addressed the sun/shade requirement and the loss of a large patio. Pepi Gramshammer commented. Audi Keen commented, George Knox commented. Questions were then raised from the Council: Paul Johnston commented that the upper: end of Bridge Street needs improvement to increase its attractiveness. He said that he would vote in favor of the Red Lion expansion. Bob Ruder made a motion...The motion was that we uphold the Design Review Board Decision as it relates to the expansion of the Red Lion. building. The motion was seconded by Paul Johnston. Motion carried 4 to 2. Bub Benedict abstained from voting due to conflict of interest. The next item brought up was the Appeal of PEC Decision Regarding Casolar, Lot 12 request for variance. The Council has beenaskedby the Appellant's attorney that this hearing be tabled until May 5,_1981. A motion was made t phold the Planning Commission's position on Casolar. This motion was made b aul Johnston and seconded by Tom Steinberg. Motion carried unanimously. Mr. Knox has requested a variance on the gross residential floor area for his Casolar unit. It was the opinion of the staff not to grant this variance. The next item on the agenda was the Garton Deck Project. This is an exterior alteration request under the Vail Village Urban .Design Guide Plan for David Garton to allow construction of a two -level office addition on the existing deck of Garton's Saloon, the Casino building. The proposal was for 1515 square feet of office space divided into 5 offices. Peter Patten gave comments of this proposal relating to the Urban Design Guide Plans in reference to pedestrian traffic, vehicle traffic, focal.points, etc. Peter stated that it did not create anything contrary to the purpose of the Design Guide Plan. The view met for the Urban Design :Guide Plan does show a major view corridor from the area of the Children's Fountain.toward Vail Mountain. The proposed addition does not significantly alter this view., it intrudes to a very minor degree upon this view corridor.on the eastern edge. The Planning Commission has voted three to two -to approve this addition. The 5 conditions that were. agreed upon were: 1. The applicant agrees to participate in and not remonstrate against the special improvement district if .and when formed for Vail Village; 20 The applicant will submit a request for conditional use permit to allow the use of an office building on the third level in Vail Village. 3. The applicant will work out an agreement mutually acceptable to the Town, the applicant and other business owners in the Casino building as to construction schedules and practices so that disturbances of existing businesses are kept to a minimum. 4. The applicant must improve the area from the Plaza to his entrance with similar materials used in the Plaza. 5. If the alley project is denied the applicant cut back the proposal on the first level to let adequate light and air into the alley opening. There was a discussion to the effect that "was the.d-ck strong enough to support the office building". This area was researched and it was found that there was more than enough capability to hold up this office space. It was stated that they need a letter from the Association confirming the approval of this expansion. David will get this letter for the Council. A motion was made that the Council uphold the Planning.Commission approval subject to the 5 conditions on Page 3 in reference to the Casino building dated 3./5/81 and also the improvement with more detail planned for the alley if the alley project doesn't take place and the Condominium Association's letter. The motion was made by Bill Wilto and seconded by Ron Todd. Motion carried five to two. VAIL TOWN COUNCIL Regular Meeting April 7, 1981 Page 4 Anext item was the appointment of a Liquor Licensing Authority Member. The Council felt that for the record it should be stated that approximately a month ago the Twon Council, the Mayor sent a letter to a'member of the Liquor License Board, Liquor Licensing Authority whose attendance had been very irregular causing some decisions to be delayed at the Liquor Licensing Authorities, and I think it would be appropriate for the Council to take official action, even though individually all the Council members did approve that action but at a public meeting to declare that David Cole's seat is vacant prior to taking any formal action in the appointing of a new member. A motion was made that the Council declare that seat vacant in accordance with our actions to date— Motion made by Bud Benedict, second by Paul Johnston. Unanimous. The seat that we are appointing would be for a two year term to serve until June 1983. The two applicants are: Tom Atchison and Jim King Ballots were counted. The vacancy will be filled by Tom Atchison. The Mayor thanked both applicants for applying for this position. Tf*next item was the appointment for the Board of Appeals Member. Th e were four applicants: Steve Cavanaugh Bill Rouff Jerry Walters Mike Wineman This is to fill the vacancy of Bob Ruder who resigned after he became a member of the Town Council.. It was also discussed that we chose an alternate for Mr. Williamson who has not been available for a meeting since September 1979. We are currently trying to contact Mr. Williamson to see if he would like to resign._ We will pick two gentlemen, the top vote receiver will fill the vacancy presented by Mr. Ruder's resign and the second vote receiver will become an alternate for Mr. Williamson. Steve The alternate will be Bill Rouff. The Town Manager's Report: Last week we received the official 1980 Census Report. It indicated that the Town of Vail, as of April 1, 1980 has a population of 2,261. After we protested this figure, it was indicated that we had 150 more p*le. Town Attorney Report: We have been sued by the Gore Trading Company, challenging the zoning on their piece of property. Larry was asked to prepare a report for the next meeting on legalities of a building moratorium for the sole purpose of just peace and quote for a summer. Larry stated that he would do this. It was brough up that the Coor's Bike Race has proposed a new course and I think all the merchants were sent out a letter outlining what was going on along with a map showing the course. There were not comments and the Council's decision was to approve the bike path. As there was no further business, the meeting was adjourned. ATTEST: Town Clerk �i�-''�'! �6' Y Ma or ✓