HomeMy WebLinkAbout1981-04-21 Town Council MinutesNOWI
NAIL TOWN COUNCIL
Evening Meeting
Tuesday, April 21, 1981
7:30 P.M.
box zoo . Vail, colorado 81657 •. 303.476-5613
ORDINANCES AND RESOLUTIONS
(1) ORDINANCE NO. 16, SERIES OF 1981, SECOND 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.
(2) ORDINANCE #17, SERIES OF 1981, SECOND READING, AN ORDINANCE
TO APPROVE, ADOPT, ENACT AND TO MAKE FULL FORCE IN EFFECT IN
THE 'TOWN OF VAIL, COLORADO, A SUPPLEMENT TO THE VAIL MUNICIPAL
CODE, CONTAINING THE GENERAL AND PERMANENT ORDINANCES SUBSEQUENT
TO ORDINANCE NO. 36, SERIES OF 1979, TO AND INCLUDING ORDINANCE
NO. 34, SERIES OF 1980.
(3) ORDINANCE # 18, SERIES OF 1981, SECOND READING, AN ORDINANCE
AMENDING SECTION 18.24.030 PERMITTED AND CONDITIONAL USES —
FIRST FLOOR OR STREET LEVEL — OF THE MUNICIPAL CODE OF THE
TOWN OF VAIL, COLORADO; MAKING BARBER SHOPS, BEAUTY SHOPS
AND BEAUTY PARLORS FIRST FLOOR OR STREET LEVEL CONDITIONAL
USES IN CCI AND CCII ZONED DISTRICTS.
(5) ORDINANCE NO. 19, SERIES OF 1981, FIRST READING, AN ORDINANCE
REPEALING AND REENACTING SECTION'S 3.36.0.4, 3.36.080 AND REPEALING
SECTION 3.36.090 OF THE MUNICIPAL CODE OF THE TOWN OF VAIL AND
MUNICIPAL CODE OF THE TOWN OF VAIL AND ADDING A NOV SECTION
3.36.105 TO THE MUNICIPAL CODE; PROVIDING FOR THE ADDITION OF
ZONE DISTRICTS WHICH HAVE BEEN FORMED SINCE THE ADOPTION OF
THE RECREATION AMENITIES TAX ORDINANCE.
CITIZEN PARTICIPATION
(6) APPEAL OF THE DRB DECISION OF THE TALLON PROJECT.
9 (7) DRB REPORT ON FOUR SEASONS SIGN VARIANCE.
(8) J-980 ANNUAL REPORT ON THE LIBRARY.
TOWN MANAGER REPORT
TOWN' ATTORNEY REPORT
ADJOURNMENTG,
RICHARD CAPLAN` T01 MANAGER
MINUTES
VAIL TOWN COUNCIL
Regular Meeting
April 21, 1981
7:30 p.m.
On Tuesday, April 21, 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.
As Mayor Rod Slifer was out of town, Bill Wilto-Mayor Protem presided
over the meeting.
MEMBERS PRESENT: Bud Benedict
Paul Johnston
Bob Ruder
Tom Steinberg
Ron Todd
OTHERS PRESENT: Richard Caplan, Town Manager
. Larry Rider, Town Attorney
First item on the agenda, was the second reading of Ordinance #16,
Series of 1981, an ordinance amending the Uniform Building Code,
1979 Edition; setting forth standards for the construction and
repair of roofs in the Town of Vail. Rich Caplan stated that there
had been no changes to this ordinance from the first reading.
Bud Benedict made a motion to approve the ordinance of second
reading and Tom Steinberg seconded it. All voted in favor and
the motion passed and the ordinance was ordered published by
title only.
Second item on the agenda was the second reading of Ordinance #17,
Series of 1981, an ordinance amending Section 18.24.030 Permitted
and Conditional Uses - first floor or street level - of the Municipal
Code of the Town of Vail; making barber shops, beauty shops and
beauty parlors first floor or street level conditional uses in
CCI and CCII zoned districts. Rich Caplan stated that there had
been no changes to this ordinance from the first reading. Paul
Johnston made a motion to approve the ordinance on second reading.
Bud Benedict seconded it and all voted in favor and the motion
was passed unanimously and ordered published by title only.
Next item on the agenda was the first reading of the Street Cut
Ordinance. As this ordinance had not been rewritten, it was
postponed until the May 5th meeting.
Next item on the agenda was the first reading of Ordinance #19,
Series of 1981, an ordinance repealing and reenacting Sections
3,36.04, 3.36.080 and 3.36.090 of the Municipal Code of the Town .
of Vail and adding a new section 3.36.105, providing for the addition
of zone districts which have been formed since the adoption of the
recreation amenities tax ordinance. There was some discussion on
this ordinance. Jay Peterson asked how this would affect Pitkin
Creek, as it had complied with all of the Town's requirements
to this point and felt that it should not have to comply with
this ordinance at this time. Ron Todd suggested that the effective
date should be postponed to July 1, 1981. A motion was made by Ron
Todd to approve the ordinance on first reading with the addition of
the July 1, 1981 effective date. Paul Johnston seconded it. Larry
Rider stated that the word "Repealing" should be struck from the
second line of the ordinance title and the addition of the body
of Section 3.36.090-Tax Credit -Maximum Rate should be added to
the contents of the ordinance. Ron Todd restated his motion to
include the above additions. PaUlBJohA:ti6nseconded it and all
voted in favor and the motion was passed unanimously and ordered
published in full on first reading.
The next item, which was not on the agenda, was the reading of
Resolution #11, Series of 1981, a resolution authorizing the Town
Council to make available a deferred compensation plan to all
permanent employees of the Town of Vail. Rich Caplan stated that
several plans of this nature had been looked reviewed and he felt
that the one being offered by Great West Life best fit the needs
of the Town of Vail.
April 21, 1981
Page 2
Ron Todd made a motion to approve the resolution and Paul Johnston
seconded it. All voted in favor and the motion passed unanimously.
The next item on the agenda was Citizen Participation.
Rich Caplan stated that the Town had received several requests from
the residents of Buffer Creek in West Vail, along with the Gore
Valley Preservation Society to have the street signs changed to
the original spelling of "Buffehr" as that was the original
spelling of the name. He stated that if enough interest was
generated to change these signs by the residents that they
should present their request to the Town Council.
The next item on the agenda was the appeal of the DRB decision
on the Tallon Project. Peter. Jamar stated that this was a 40
unit town home project in Lionsridge subdivision 3 which was
approved by the Design Review Board April 1 by a vote of 4 - 1
with 1 abstaining. The approval was with one condition that
the Tallon Project come back at a future.date with plans for
the pool house which was to be provided and get final approval
on that. This has been appealed by Council, and their concern
over the whole landscaping plan and the recreation amenities
provided. Richard Matthews and Bob McHenry,.the landscape
architects on the project gave a presentation on what had been
proposed for landscaping this project. Richard Matthews stated
for the record that he was a member of the DRB and had abstained
from voting on this project. Bill Wilto stated that his concern
was that the number of trees had been reduced from the number the
council has originally seen for the Project when it was up for
preliminary review. Paul Johnston stated that the specs on the
original plan had called for larger species as he recalled. Mr.
McHenry stated he thought Paul Johnston was confusing that with
the Simba Run.plan that had also been presented, and it was decided
that that was, in fact, the case. Bob Ruder asked to have the
recreational areas pointed out again on the map. He also felt
the project had a lack of area for snow removal between the
buildings. Bob McHenry stated that he had questioned the Town
regarding requirements for snow removal and was told that the
Town had no set requirements. The Town engineer is required
to review the plans. Bob Ruder stated that he was not on the
Council when this project had been discussed at length in its
preliminary stages and felt that it was unfortunate that it had
been built totally in townhouse fashion, as it created such
. heavy site coverage on the buildable portion of the site.
Tom Steinberg voiced his concern about the size of the pool.
Bud Benedict made a motion to uphold the DRB's decision. As
there was no second, Tom Steinberg made a motion to hold on the
project until they have a chance to see the design of the pool.,
area and it has been presented to the DRB. Bob Ruder commented
that it was unfair at the 11th hour the Council is talking about
things that have gotten this far along. Bill Wilto called for
a second to the motion. As there was none,..Bud Benedict restated
his motion that the. Council accept the DRB's decision of approval
with the exception of the swimming pool area which will -be reviewed
again before given approval by the DRB. Bill Wilto seconded the
motion. A vote was taken and the motion passed 4 to 1. Steinberg
voting against and Todd abstaining.
The next item on the agenda was the DRB's report on Four Seasons
Sign variance. Peter Jg.mar stated this was a variance to the
sign code requesting a variance allowing a secondary sign at
Four Seasons Real Estate. They had requested an additional sign
in the form of a flag to be erected. DRB voted 4 - 0 to recommend
denial of the variance. They did get apprpyal for the erection of
six state and national flags at the same M the variance was
` denied.
April 21, 1981
Page 3
0
It
Larry Rider stated that it was the Council's position to.either
uphold the DRB's decision or overrule the sign code. He further
stated that this was a section that the Town had never gone back
tochange because it was seldom used and was coming to the Council
as a matter of course. Peter Jamarstated that according to the
code, the applicant is supposed to show undue physical hardship to
support this variance, which they have not done and there was no
one at the meeting to respond to the variance. Ron Todd made a
motion to uphold the decision of the DRB with reference to the
Four Seasons sign variance request. Tom Steinberg seconded the.
motion.. Mr. Caroselli questioned the Council as to the applicant's
recourse to the decision.. Larry Rider stated that the DRB did not
feel that the applicant had proven that there was an undue hardship
because of the denial.and, therefore. was not granted the variance.
Bill Wilto stated that Four Seasons was free to reopen the matter
at a later date if they wished. The motion was voted on and passed
unanimously.
Next item on the agenda was the 1980 Annual Report on the Library
given by Charlyn Canada, Librarian. Rich Caplanstated that the
staff had been requested to give a monthly report to the Council
on each of its departments and he felt it was timely to give the
library annual report at this time. He stated that the new library
was on hold until 1982 but the existing library was still functioning
as usual. Ms. Canada went over some of the library's statistics
regarding user percentages, stating July was by far the highest user
volume month of the year and November and December being the lowest,
the book purchasing policy, and staffing. She also stated that the
Town of Vail was waiting for an opinion from the Attorney General's
Office on the ability to withdraw the Town's mill levy contribution
to the County Public Library. It is estimated that the County's
operating library budget will be $170,000. of that amount $103,000.
comes from Vail Valley. Meanwhile the Town's annual budget has been
reduced to $94,000 due to the drop in sales tax revenues. A survey
revealed that one third of the Vail, one third from West Vail and
one third from the Eagle River Valley. Eagle County sent out the
same survey, and it was revealed that only 2% of their users were
from Vail, including users at their branches.
Under Town Manager's Report, Rich Caplan reported that a satisfactory
price had been reached for the Lionshead Parking Structure Auxiliary
Building with Hyder Construction. He asked that the Council give
him authorization to enter into a contract with Hyder in an amount
not to exceed $490,000. That would enable them to start ordering
materials, etc. before the next regular Council meeting on May 5.
At that meeting a resolution would be presented formalizing their
action. Tom Steinberg made a motion to approve the contract and
Bud Benedict seconded it. All voted in favor and the motion passed
unanimously.
The second item the Town Manager had to report is that the Council
has been invited to meet the Lord Mayor of London next Tuesday evening
hosted by Western Airlines and VRA.
Under Town Attorney's Report, Larry Rider announced that the Town has
been sued by John Hall, Potato Patch owner, challenging the slope
regulations.
As there was no further business, the meeting was adjourned at 9:10 p.m.
ATTEST:
Respectfully
submitted,
kayo /r
Town Clerk