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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