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Home My WebLink About1987-08-04 Town Council MinutesMINUTES VAIL TOWN COUNCIL MEETING AUGUST 4, 1987 7:30 P.M. 0 A regular meeting of the Vail Town Council was held on Tuesday, August 4, 1987, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: MEMBERS ABSENT: TOWN OFFICIALS PRESENT: Paul Johnston, Mayor Kent Rose, Mayor Pro Tem Eric Affeldt Gail Wahrlich-Lowenthal Gordon Pierce Hermann Staufer John Slevin None Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk OThe first order of business was a Consent Agenda, consisting of the following items to be considered; A. Approval of the July 7 and 21, 1987,.Evening Meeting minutes and July 28, 1987, Special Meeting minutes. B. Ordinance No. 25, Series of 1987, second reading, reapplying zoning to reannexed East Intermountain. C. Ordinance No. 26, Series of 1987, second reading, reapplying zoning to reannexed areas known as the Valley, Ridge at Vail and Cliffside. 0. Resolution No. 22, Series of 1987, designating Resources Industrial Bank as a Town of Vail Depository. Attention was drawn to the minutes of the July 28 meeting, with the following changes being made: A. Ron Phillips was absent from this meeting. B. Under Ordinance No. 28, Series of 1987, John Slevin questioned whether wording for signage, Section 8.28.030 Solid Fuel Burning Devices, "Caution - Gas Fireplace Only," was correct. Upon checking with the proper sources (i.e., building and health officials and published ordinance), the wording was found to be correct. C. Under discussion of the "Aurora" sculpture, it was noted the request to purchase be sent back to the actual Public Art Task Force for final review. D. Under "Other," the Council had requested site visits become mandatory for appeals and call-ups on DRB and PEC decisions. Additionally, the Council requested they be notified of the DRB appearance for upcoming review of the Blu's expanded deck. There was also discussion regarding Item D, Resolution No. 22. Kent Rose requested that for this depository, as well as future ones, that an actual physical address be listed within the resolution. The address for Resource Industrial Bank is 101 Madison, Denver, Colorado. Kent Rose moved the consent agenda be approved, with the noted changes to the minutes of the July 28 meeting and to Resolution No. 22, and John Slevin seconded this motion. A vote was taken and the motion passed unanimously, 7-0. The second item of business was Ordinance No. 24, Series of 1987, second reading, an ordinance amending Chapter 5.20, "Transient Dealers" of the Municipal Code of the Town of Vail; providing a definition of street entertainer and street artisan; restricting the operations of street entertainers and artisans and setting forth certain exceptions to said restrictions. After discussion, the following changes were requested for the final form of the ordinance: 1. Section 5.20.020 E. "Street Entertainer" To read - "Street Entertainer" means a person who performs mime, magic, music, juggling, comedy, story telling, or other types of entertainment on public streets, property, or rights -of -way at no charge to the public. 2. Section 5.20.020 F. "Street Artisan" To read - "Street Artisan" means a person who creates and sells portraits, landscapes, streetscapes and other types of two dimensional art on paper, canvas, or similar material while on public streets, property, or rights -of -way. 3. Section 5.20.070 A. License - Term - Cancellation To read: A. A transient dealer's, street entertainer, or street artisan license issued under this chapter may be revoked by the Director of Community Development, or his/her agents, for any of the following causes: A licensee may appeal any such decision to revoke a license within ten days following such revocation to the Town Council. Upon hearing such appeal, the Town Council may uphold, overturn, or modify the revocation. 4. Section 5.20.090 Selling on streets prohibited To read: This section shall not, however, be deemed to prohibit the selling of taxicab or pedicab services or horsedrawn conveyance rentals on the streets or rights -of -way within the town, where such vehicles are permitted to operate by the laws of the town or activities of street entertainer or artisan as permitted under this chapter. 5. Section 5,20.095 A. Street Entertainer and Street Artisan To read: Of these permits, no more than two shall be issued for the Vail Village area, nor more than two for the Lionshead area. Length of permits shall be for a two month period. Applications for permits will be accepted no sooner than fourteen days prior to the date permit(s) are available. Permits shall be issued on a first -come, first -serve basis. 6. Section 5.20.095 B. To read: Of these permits, no more than four may be issued for the Vail Village area nor more than four may be issued for the Lionshead area. Length of permits shall be for a two month period. Applications for permits will be accepted no sooner than fourteen days prior to the date permit(s) are available. Permits shall be issued on a first -come, first -serve basis. Eric Affeldt moved to approve the and Kent Rose seconded this motion • unanimously, 7-0. The next item of business was Ordinance No. 27, Series of 1987, second reading, an ordinance approving a special development district (known as SDD No. 17) and the development plan in accordance with Chapter 18.40 of the Municipal Code and setting forth details in regard thereto. Peter Patten noted the following correction should be made: Section 4. Development Plan. Sheet 1. Site and Landscape Plan - Final Revision: 4 August 87. Gordon Pierce suggested the electrical conduit for the street lights along the public walkway to be arranged for by the Town of Vail staff and the developer prior to laying the walkway. Kent Rose moved to approve this ordinance, with a second from Gordon Pierce. A vote was taken and the motion pass unanimously, 7-0. ordinance, with the changes included per Kent Rose, . A vote was taken and the motion passed The fourth item of business was a request from Holy Cross Electric for an easement. Tom Braun explained the background on this request. Richard Brinkley, manager of services for Holy Cross Electric, spoke on behalf of the applicant and the judiciousness of approving this easement. Chris Neuswanger lodged a citizen complaint in regard to placement and lack of landscaping of a similar transformer box on his private property. And Brian McCartney, head of mountain operations for Vail Associates, spoke regarding the necessity of this easement for mountain operations for this coming winter season. After considerable discussion regarding size of transformer boxes, placement, and screens or landscaping, as well as a possible DRB approval process becoming mandated, it was decided that the final placement and -2- screening be worked out between the Town staff and Holy Cross. Special sensitivity to aesthetics will be shown. Kent Rose moved the easement be approved, and John Slevin second this motion. A vote was taken and the motion passed unanimously, 7-0. The next item of business was Citizen Participation, and there was none. Under Item 5, the Town Manager's Report, Ron Phillips deferred his report to Stan Berryman. Because of a recent decision on the State level, local zoning will govern the blue highway advertisement signs. Additionally, everyone was reminded of the Signage Meeting to be held at the Raintree Inn on Wednesday, August 5, 1987, at 7:00 p.m. There being no further business, the meeting was adjourned at 8:55 p.m. Respectful ubmitted, Pa`u1 �Jp ston, Mayor ATTEST: *1..e J Bran mow erk Y a Minutes taken by Pamela A. Brandmeyer • • -3-