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HomeMy WebLinkAbout1981-05-05 Town Council MinutesMINUTES VAIL TOWN COUNCIL Regular Meeting Tuesday, May 5, 1981 7:30 p.m. On Tuesday, May 5, 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 Ron Todd Bill Wilto ABSENT: Tom Steinberg OTHERS PRESENT: Richard Caplan, Town Manager Larry Rider, Town Attorney The first item on the agenda was a 10-year silver belt buckle presented to Roy Vasquez for serving the Town of Vail since May of 1971. Mr. Vasquez was.employed by the Vail Water Dept. before its consolidation with Upper Eagle Valley; Second item on the agenda was an Honorary Resolution declaring the Week of May 17 - 23 as National Public Works Week. In line with that, Rich Caplan stated that the Town would hold its annual Clean Up Day on Saturday, May 16th. Paul Johnston made a motion to approve the resolution and Bill Wilto seconded it. All voted in favor and the resolution was passed. The next item on the agenda was the second reading of Ordinance #19, Series of 1981, an ordinance relating to the Recreation Amenities Tax fees. Mr. Caplan stated there were no further changes to the ordinance other than those made on, first reading. Bill Wilto made a motion to approve Ordinance 19 and Bud Benedict seconded it. All voted in favor itlehony ion passed unanimously.and the motion was ordered published by Next item was the first reading of Ordinance #21, Series of 1981, an ordinance relating to an easement adjacent to the platted Snowberry Drive, Lot 13 in the Vail Intermountain Development Subdivision. Mr. Caplan stated that this was a long standing easement that had never been used and the owner.needed to have it vacated pending the sale of his property. Larry Rider, Town Attorney, stated that all the utilities had signed off on this easement and it was merely a formality for the Town to approve the Ordinance. Bud Benedict made a motion to approve the ordinance. Paul Johnston seconded it. All voted in favor and the motion passed and the ordinance was ordered published in full on first reading. Next item on the agenda was the first reading of Ordinance #20, Series of 1981, an ordinance amending the street cut ordinance. Mr. Caplan stated that this ordinance was amended after several problems had aris �n over street cut permits and the repair of same after the work had been completed. Mr. Caplan asked Ernie Freggiaro, Director of Public Works, to comment on why the amendment was necessary. He stated that prior to 1980 there were no log books kept on street cuts and there were a number of areas that were never repaired. There was a need to keep track of these cuts and to see that they were repaired. There were also some adjustments in the fee schedule. He stated that his department had made an attempt over the past year to work with the utility companies by means of utility coordinating conferences. A representative from Mountain Bell asked a question as to easement of right-of-way. Mr. Rider stated that this meant public easements of right-of-way that are used for vehicles, etc. A permit would be required if the easement was in the public. street. Page 2 Mr. Rider stated that some clarification would be needed on the ordinance before second reading. There was also a question on the $75. permit fee. The utility companies felt that this.was too high a price for them. The feeling of the utility companies was that the charge would be $50. Ernie stated that there was a provision for this but that it was not in the ordinance. There were several more questions that were answered by Ernie Freggiaro and Larry Rider. The representative from Mountain Bell stated that he was very appreciative of the cooperation he had had with the Town of Vail Public Works Department in working out these problems. Bill Wilto made a motion to approve Ordinance #20 an first reading with further definition of easements. Paul Johnston seconded .the motion. All voted in favor and the motion was passed and the ordinance ordered published in full. The next item on the agenda was the first reading of Ordinance #15, Series of 1981, an ordinance relating to amending Title 5 of the Vail Municipal Code with the addition of Cahpter 5.28 relating to food service establishments. Mr. Rider stated that the Council and the Restaurant Committee of the VRA and other persons have been working for the last 6 weeks on a restaurant.ordinance. He stated that there were some concerns expressed that enforcement of health regulations and sanitary regulations and restaurant licensing should be handled at the local level not necessarily in Denver. In order to that a provision needs to be adopted whereby the Town would issue a license or permit to do business as a restaurant within the boundaries of the Town. The result is an ordinance that provides for Town approval, requires Town approval of any restaurant. That approval is obtained by filing with the town Clerk a copy of the application for a State Food Service Establishment License. Upon filing that copy, a town approval will be granted and no fee would be charged. The only time a fee would be charged would be on follow-up inspections. For each inspection beginning with the third the fee would be $50...In addition, a license could be suspended or revoked by the Health. Officer only with the concurrence of an appeal board would be.made up,of three members - one member would the Chairman of the. Restaurant Committee of the VRA, one would be a licensed restaurant owner in town and the third would he the local public h.ealth'officer, Bill Wilto questioned the ordinance stating . that food service establishments do.not include hospitals or health facilities, Mr, Rider stated that this was because they were separately licensed by the State. Bud Benedict made a motion to approve the. ordinance on first reading, Ron Todd seconded the motion. All voted in favor and the motion was carried an the ordinance ordered published in full. The next item on the agenda was Citizen Participation. As there was no citizen participation, the next item on the agenda was a report from the Denver Water. Board. Mayor Slifer stated that they were here on behalf of the Town's invitation. Mr. Bill Miller from the Denver Water Board gave a presentation on the organization of the Denver Water Board, its purpose and its plans for the future.. Miller stated that the Eagle -Piney project will take water from several waterways in the area and the water would be stored in a dam north of Vail with a capacity of about 40,000 acre feet. The Denver area would then pull water from this dam through a tunnel to Dillon Reservoir, which the.water.department owns. The Eagle -Colorado project would take water from the lower Eagle River near Wolcott and from the Colorado River near State Bridge. A reservoir north of Wolcott is planned, connected to the Eagle -Piney system and the Dillon Reservoir. Miller expressed the concern of his department for the people in this area and stated that "we must all work together to solve this problem". Water conservation was encouraged and Miller stated that a tremendous amount of water was being let out of state each.year during the runoff period because there was no place to hold it. A question and answer period followed with many comments by citizens. Mayor Slifer thanked Mr. Miller for taking the time to come to the Council meeting lond talking with the citizens of Vail. Page 3 The next item on the agenda was a discussion of animal control services in the West Vail area. Mr. Caplan stated what controls were not in effect in CCI and CCII, East Vail and Ford Park. He suggested a -public meeting be held to include West Vail to see what kind of animal control they wanted in that area. He stated that there was only emergency service being done there at the present time. Ron Todd stated that he receives numerous calls regarding animal control in East Vail and felt that stronger controls should be set up in that area.. A citizen stated that she has had no response when calls have been placed to the Fire Department for animal control. Rich Caplan stated that a meeting time would be announced for West Vail animal control discussions. At this time, Rich Caplan introduced Mr. Dick Duran, newly appointed Acting Fire Chief for the Vail Fire Protection District. The next item on the agenda was the appeal of the Town Manager's decision on the Amplified Sound Permit for Bell Tower Associates, Ltd. Mr. Jack Fritzlen stated that he had appealed the decision by the Town Manager to allow the playing of the chimes at certain hours of the day because he felt that enough people had expressed their opposition to the noise. He expressed his appreciation of Mr. Caplan's efforts to resolve this problem, but disagreed with his (Caplan's) feeling that there was a need for the ringing of the chimes. He felt Caplan's • decision should have been based on the way the majority of the people felt. He requested that the Council deny the permit altogether. There were several comments from the citizens stating their opposition to the permit. Ron Todd made a motion to overturn the decision of the Town Manager to allow the noise permit. Bob Ruder seconded the motion. Bill Wilto asked why there was no representative from Bell.TQwer Associates, Ltd. at this meeting. Mr. Caplan stated that they were unreachable. Rod Slifer stated that it was not fair to make any decision without a representative from Bell Tower Associates present and killed the motion. The Council agreed to suspend the permit until the next meeting on June 2nd to hear the appeal with both parties.present. The next item on the agenda was a Departmental Report from the Public Works Department. Ernie Freggiaro, Director of Public Works, asked that his report be postponed until next council meeting because of the lateness of the hour and the absence of one Council member. The Council agreed to do so. The nextitem on the agenda was the appointment of the new Design Review Board member. Diana Donovan was appointed as the new.member. Under Town Manager Report, Mr. Caplan thanked Bill Pyka, Finance Director, for balancing the budget in such a low revenue year. Mr. Caplan also asked that the Council appoint a Mayor Pro-Tem in the absence of Bill Wilto and Mayor Slifer during the majority of the month of May. Bob Ruder was appointed as Mayor Pro-Tem. Mr. Caplan also announced that Joe Lewandowski of the Vail Trail was leaving the area and thanked him for his working relation with the Town during his time with the Vail Trail. Joe also stated that he had enjoyed his relation with the Town and thanked everyone for being so open and easy to work with. There was no report from the Town Attorney. Mayor Slifer thanked Bill Wilto .for doing such a fine job as Mayor. Pro-Tem which he was in California. As there was no further business, the meeting was.adjourned at 11:05 p.m. M 76r G ATTEST: