HomeMy WebLinkAbout1981-06-16 Town Council MinutesVAIL TOWN COUNCIL
^, EVENING SESSION
TUESDAY, JUNE 16, 1981
` 7:30 P.M.
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bOx 100 • Vail, colorado 81657 • 303 476-5613
ORDINANCES AND RESOLUTIONS
(I RO D ANCE 922, SERIES OF 1981, SECOND READING, AN ORDINANCE AMENDING
TH£ MUNICIPAL. CODE OF THE TOWN OF VAIL RELATING TO GRANTING OF
EXCEPTIONS TO THE DENSITY CONTROL REGULATIONS IN THE TWO-FAMILY
RESIDENTIAL ZONE DISTRICT AND PRIMARY/SECONDARY ZONE DISTRICT.
(;I `A_UDINANCr_#23, SERIES OF 1981, SECOND READING, AN ORDINANCE REPEALING
AND REENACTING SECTIONS 18.13.030, 18.12.090 AND 18.69.060 OF THE
MUNICIPAL CODE OF THE TOWN OF VAIL PROVIDING THAT THE GRFA DISTRI-
BUTION FOR PRIMARY/SECONDARY DUELLING UNITS SHOULD BE CHANGED FROM
A RATIO OF 1/3 2/3 TO A RATIO OF 40%/60% AND PROVIDING DETAILS IN
RELATION THERETO.
(3,e NDINANCE #24, SERIES OF 1981, SECOND READING, AN ORDINANCE REPEALING
AND REENACTING SECTION 18.12.050 OF THE MUNICIPAL CODE OF THE TOWN OF
VAIL PROVIDING FOR THE REDUCTION OF THE MINIMUM LOT SIZE IN THE
RESIDENTIAL (R) ZONE DISTRICT TO 15,000 SQUARE FEET OF BUILDABLE
SITE AREA AND PROVIDING DETAILS IN RELATION THERETO.
(pl:�'OITRDINANCE #25, SERIES OF 1981, SECOND READING, AN ORDINANCE AMENDING
SPECIAL DEVELOPMENT DISTRICT NO. 7 OF THE SERIES OF 1977 CONCERNING
THE NUMBER OF FIREPLACES AND TENNIS COURTS FOR THE MARIOTT MARK. IN
ADDITION, REVIEW OF PHASE II OF THE SPECIAL DEVELOPMENT DISTRICT.
4;'%DINANCE #26, SERIES OF 1981, SECOND READING, AN ORDINANCE ESTABLISHING
SPECIAL DEVELOPMENT DISTRICT NO. 11 FOR A 34 UNIT RESIDENTIAL DEVELOPMENT
LOCATED ON VERMONT ROAD AND VERMONT COURT IN HIGHLAND MEADOWS FILING
NO. 1.
(6ORDINANCE #27, SERIES OF 1981, FIRST READING, AN ORDINANCE" AMENDING
THE MUNICIPAL CODE AND EXTENDING THE LEASH LAW TO COVER CERTAIN AREAS
OF A NEWLY ANNEXED TERRITORY OF WEST VAIL AND RAISING THE PENALTIES
WHICH MAY BE IMPOSED ON PERSONS CONVICTED OF VIOLATING SECTIONS
6.04.190, 6.04.200, 6.04.201 AND 6.04.300 OF THE MUNICIPAL CODE.
mot.. __
(7 �t2'SOLUTION #14, SERIES OF 1981, A RESOLUTION AMENDING THE SPELLING
OF SUFFER CREEK ROAD AND HOMESTEAD ROAD IN WEST VAIL.
CITIZEN PARTICIPATION
(8) YAPP_`EAL OF THE BELL TOWER AMPLIFIED SOUND PERMIT.
4ea AQAt -
(9)/ APPEAL OF THE ALLEY PROJECT.
(10} /000 ES` FOR VARIANCE OF SPRADDLE CREEK SIGN.
(11) APPOINTMENT OF FOUR LIQUOR LICENSING AUTHORITY BO D MEMBERS.
TOWN MANAGER REPORT
TOWN ATTORNEY REPORT
RICHARD CAPLAN, TOW P MANAGER
MINUTES
VAIL TOWN COUNCIL
Regular Meeting
June 16, 1981
7:.0 p.m.
O uesday, June
meeting at 7:30 p
Building.
16, 1981, the Vail Town Council convened for its regular
.m. in the Council Chambers located in the Vail Municipal
MEMBERS PRESENT: Mayor Rod Slifer
Bill Wilto
Bud Benedict
Paul Johnston
Tom Steinberg
Ron Todd
Bob Ruder
OTHERS PRESENT: Richard Caplan, Town Manager
Lawrence Rider, Town Attorney
First item on the agenda was the second reading of Ordinance #22, Series of
1981, an ordinance amending the Municipal Code of the Town of Vail relating
to ranting of exceptions to the density control regulations in the two-family
residential zone district and primary/secondary.zone. district. There was
sone discussion as to the interpretation of the ordinance. Ron Todd made
aAption to approve the ordinance on second reading. Bud Benedict seconded
Tom Steinberg asked to amend the motion to read under Section 18.12.090
,;,'id 18.13.080 B,. "the term of the lease not less than 20 years plus the life
of Trent Ruder. A vote was taken on the amendment to the motion. Ron Todd
and Bud Benedict were opposed. A vote was taken on the motion with the
amendment. All voted in favor and the motion was passed and the ordinance
ordered published
The second item on the agenda was the second reading of Ordinance #23, Series
of 1981, an ordinance relating to the GRFA distribution for primary/secondary
dwelling units being changed from a ratio of 1/3 2/3 to a ratio of 40%/60q.
Mr. Caplan stated that there had been no changes to this ordinance from the
first reading. Bill Wilto made a motion to approve the ordinance on second
reading and Ron Todd seconded the motion. All voted in favor and the motion
was passed and the ordinance ordered published by title only.
The third item on the agenda was the second reading of ordinance #24, Series
of 1981, an ordinance relating to the reduction of the minimum lot size in the
residential (R) zone district to 15,000 square feet of buildable site area.
Mr. Caplan stated that there had been no changes to this ordinance since
f' st reading. Paul Johnston made a motion to approve the ordinance on
sbnd reading and Tom Steinberg seconded it. All voted in favor and the
motion was approved and ordered published by title only.
The next item on the agenda was the second reading of Ordinance #25, Series of
1981, an ordinance amending special development District #7 of the Series of
1977 concerning the number of fireplaces and tennis courts at the. Mariott Mark.
Mr. Caplan stated that there had been no changes to this ordinance since first
reading. Tom Steinberg made a motion to approve the ordinance on second reading
and Paul Johnston seconded it. All voted in favor and the motion was passed
unanimously and ordered published by title only..
The next item on the agenda. was the second reading of Ordinance #26, Series
of 1981, an ordinance establishing Special Development District No. 11 for
a 34 unit residential development located on Vermont Road and Vermont Court
in Highland Meadows Filing No. 1. Mr. Caplan stated that no changes had been
made to this ordinance since first reading. Bud Benedict made a motion to
approve Ordinance 426 on second reading and Paul Johnston seconded it. All
voted in favor and the motion was passed unanimously and the ordinance ordered
published by title only.
W
June 15, 1981
Page 2
The next item on the agenda was the first reading of Ordinance #27, Series of
1981, an ordinance relating to the leash law covering certain areas of a newly
a exed territory of West Vail and raising the penalties which may be imposed
o0ersons convicted of violating Sections of the Municipal Code. There was
some discussion on the ordinance. Rod Slifer stated that he was opposed to
the increase in the fine rate. Dr. Steinberg said he felt the leash law should
be in effect throughout the valley. There was some confusion as to the
paragraph relating to the length of the leash. 1t was agreed that the word
"not" should be added to the paragraph B of Section 6.04.190 Running at Large
to read as follows: A dog shall be deemed running at large as prohibited by
Subsection A when it is off or away from the property or premises of its owner
or keeper and is not on a leash of not more than seven (7) feet in length that
is held by a responsible person. A motion was made by Bill Wilto to approve
Ordinance #27 with the addition of the word "not" on first reading. The motion
was seconded by Bud Benedict. A vote was taken and the motion passed five to
two - Steinberg and Slifer opposed.
The next item on the agenda was the reading of Resolution #14, Series of 1981,
a resolution amending the spelling of Buffer Creek Road to "Buffeter". Mary Jo
Allen stated that enough interest had been received in that area and a petition
signed by residents of that area to have the street spelling by changed back to
its original spelling. After some discussion a motion was made by Tom Steinberg
to approve the resolution and seconded by Ron Todd. All Voted in favor and the
m *ion was carried unanimously. Mrs. Allen then asked about her request for
t amending of Chamonix Lane back to Homestead Road and stated that a petition
ha been submitted in relation to this also. Mr. Caplan stated that it had been
reviewed by the staff and was felt that there would be too much confusion in
relation to the fire department, police department, etc. with the changing of
that street name. Rod Slifer stated that the Council would take it under
advisement and get back to her. Joe Staufer stated that while the Council
was considering this they also take a look at the way the street are numbered.
Dick Ryan stated that since Community Development had taken this procedure over
from the Fire Department they had a very good working system at this time and
there should be no future problems.
The next item on the agenda was Citizen Participation. Don Klinger asked the
Council to look into the repair of the green belt area on Gore Creek where the
grass is in poor shape due to trucks turning around in that area. Also, there
was a need for additional benches on the grass area. Dick Ryan stated that the
sod had been ordered to repair this area and they would check into obtaining
more benches.
Dan Corcoran asked about the status of the bike path schedule between Bighorn
and the Town. Dick.Ryan-,stated that Holy Cross is to fix any damage that they
h.* done this week and Dye Construction will pave it next week.
The next item on the agenda was the appeal of the Bell Tower Building Sound
Permit issuance by the Town Manager. Paul Johnston and Rod Slifer had decided
to abstain from the discussion, as per the request of Jack Fritzlen because of
a conflict of interest. The meeting was then turned over to Bill Wilto, Mayor
Pro-Tem. Mr. Ed Drager, the applicant's attorney stated he had a few procedural
points he wished to raise. He restated the history of the permit request,
stating that the first appeal was held an May 5th without himself or his
client being notified. That much discussion was held at the May 5th meeting
before it was determined that the applicant had not received sufficient notice
to attend the meeting and felt that several members of the Council had already
made up their minds as to how they felt about the appeal. Bill Wilto stated
that he felt and spoke for the Council that was at the meeting, that the
applicant had received notice of the meeting and as soon as it was determined
that he had not, the discussion had been tabled until the meeting of June 2,
1981. Rod. Todd stated that he felt strongly that it had been determined that
the majority of the residents in the area did not want the chimes and, thus,
disqualified himself from the discussion.. Bill Wilto asked Rich Caplan to
give the history of the request for the permit. There was much discussion
regarding the appeal. Jack Fritzlen was asked for a copy of the letter which
w� sent out by him to the mailing list of residents in the 100 foot area.
H did not have a copy of it with him, but stated that in general it asked
for people's help to protect the environment in Vail by not allowing the
playing of amplified music or chimes. Bob Ruder asked Larry Rider is, under
the ordinance, the applicant could reapply for a permit. Mr. Rider stated
that yes, he could do so.
June 16, 1981
Page 3
Bud Benedict stated his concern for the amount of time this issue has been
go ng on. He stated he himself had enjoyed the music coming from the tower
bfelt that if it was objected to so strongly by the residents living in
t>Te area that it should not be allowed. Bud Benedict made a motion to reverse
the decision of the Town Manager and deny the request for a permit. Tom
Steinberg seconded the motion. Bob Ruder stated his concern for the decibel
level being raised over a period of time. He suggested taking a second look
at the noise ordinance regarding the decibel Levels allowed. Bill Wilto
stated that he enjoyed the chimes, but felt he should respect the wishes
of the property owners. Wilto and Ruder stated they felt the Town Manager
had made the proper decision based on the information provided him. Tom
Steinberg stated that he liked the old ordinance which stated that you would
not create any noise beyond your property limits. A vote was taken and all
voted in favor to reverse the decision of the Town Manager and deny the
request for the amplified sound permit by Belltower Associates.
The next item on the agenda was the appeal of the Alley Project. Dick Ryan
presented the appeal and stated that there was some confusion as to the legal
owners of the property being discusssed. He stated the Planning Department
was not in favor of the Alley Project and the PEC.had voted unanimously in
favor of it. There was much discussion relating to the lighting of the Alley,
the upkeep, snow removal, etc. As there was reason to believe that the Casino
Building would be sold and remodeled in its entirety, the Council felt that
t' would like to see the plan as a whole, not piece by piece. A motion was
m e by Paul Johnston and seconded by Tom Steinberg to uphold the appeal. A
vote was taken and passedsix to one - Ron Todd opposing.