HomeMy WebLinkAbout1990 Vail Town Council MinutesMINUTES
VAIL TOWN COUNCIL MEETING
JANUARY 2, 1990
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, January 2, 1990, at
7:30 p.m., in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
MEMBERS ABSENT:
TOWN OFFICIALS PRESENT:
Kent Rose, Mayor
Tom Steinberg, Mayor Pro Tem
Lynn Fritzlen
Jim Gibson
Merv Lapin
Robert Levine
Peggy Osterfoss
Nane
Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
pam Brandmeyer, Town Clerk
The meeting began with a Consent Agenda for the following items:
A. Approval of Minutes of December 5 and 19, 1989 Meetings
B. Appointment of Colleen McCarthy to the Local Liquor Authority Board
There was no discussion by Council or the public. Merv Lapin made a motion to
approve the Consent Agenda, which Tom Steinberg seconded. A vote was taken and the
motion passed unanimously 7-0.
The next item was discussion of new litigation relating to the purchase of Berry
Creek 5th Filing. Larry Eskwith stated that today the Town had been served with a
summons and complaint by Al Weiss challenging Ordinance No. 33 passed at the special
meeting Friday, December 29, 1989. He noted the complaint stated the emergency
ordinance was improper and should have been an ordinary ordinance with two
readings. Larry commented this filing wnuld make it impossible for bond counsel to
give an opinion to FirstBank of Vail regarding the enforceability of the loan, and
that before they could do anything the Town would have to win the lawsuit. Mayor
Rose remarked the Council still felt it was a reasonable project and proper for them
to support, sa the only possibility of proceeding was by using Town of Vail cash
fund balances to purchase the property instead of borrowing the money. Ron Phillips
commented staff had done an extensive cash flaw analysis today, and with cash on
hand and with two investment instruments sold, the Town could go forward and close
on the purchase this coming Friday. He stated the two investments sold would be
sold at a premium, and the other cash was on hand. He added using this money would
leave $166,000 on hand, and the Town had another $230,000 invested that could be
sold if necessary. He stated staff felt comfortable with this and recommended
Council to proceed. Ron noted after the court hears the suit, if the court makes
the decision in the Town's favor, the Town would be able to go ahead (after time for
an appeal) and exercise a short-term loan. There was some discussion by Council.
Larry told Council if they wanted to move forward, they would need to pass a motion,
and he would return to them with any problems. Jim Gibson made a motion to proceed
with the closing with cash on hand, and giving the Mayor and/ar Town Manager the
power to take the necessary steps to make the purchase. The motion was seconded by
Rob Levine. There was no other discussion by Council or the public. A vote was
taken and the motion passed unanimously 7-0.
The third item was Resolution No. 68, Series of 1989, approving an intergovernmental
agreement between the Town of Avan, Eagle County, and the Town of Vail, outlining
issues such as future public use and financing contingencies for the Berry Creek 5th
Filing and the Miller Ranch. Larry Eskwith stated the agreement had been sent to
the County and the Town of Avon last Thursday. He reviewed the few changes the
County had requested be added. Council also asked for a minor change. It was noted
the resolution number and year date be changed to Resolution No. 1, Series of 1998.
Merv Lapin made a motion to approve the resolution as amended by the County and with
the amendments suggested by Council. Tom Steinberg seconded the motion. James
Johnson questioned what were all the possible uses of the property, to which Larry
responded. Peggy Osterfass noted this was a step forward in working with other
governments in Eagle County, and this is good protection for Town of Vail citizens.
A vote was taken and the motion passed unanimously 7-0.
The next item was action on Vail Metropolitan Recreation District tennis court
• ground lease. Larry Eskwith stated the VMRD was in the process of constructing a
tennis court complex, and before the lendor would enter into an agreement with VMRD,
he had to have an agreement with the Town of Vail because the Town awns the land.
He then explained details of the agreement. There was no discussion. Tom Steinberg
made a motion to approve the ground lease as presented, which Peggy Osterfoss
seconded. Lynn Fritzlen stated she would have to abstain from voting as he firm was
acting as a consultant for the tennis facility. A vote was taken and the motion
passed 6~0, with Lynn Fritzlen abstaining.
The fifth order of business was action on the Michael Barber contract for the
Village Transportation Center expansion. Larry Eskwith remarked this item would
have to be postponed until a future date. He stated the changes to the contract had
been faxed to him late that afternoon, and he had not had time to review them. He
stated the type of professional liability insurance required by law for this type of
project was $500,000. He felt there should be more. Larry Hated Michael Barber
would be willing to obtain more as long as the Town would foot the bill. Larry
stated the best possible insurance was project insurance, which would protect the
entire project. It is a claims made policy. The only problem was that it would
cost quite a bit more because it would protect the Town and the architect. He
stated if the Council was interested at all, he could discuss it with them at a
later date, after he had done some research on it. After some discussion by
Council, they directed Larry to check into this type of insurance coverage for the
next Council meeting.
An appointment to the Planning and Environmental Commission was the next item.
There was one opening and three applicants - Ludwig Kurz, Dalton Williams, and Erik
Steinberg. Tom Steinberg stepped away from the table and abstained from voting. R
secret ballot vote was taken and Dalton Williams was chosen. At this time, Merv
Lapin made a motion to appoint Dalton Williams to fill Sid Schultz's position on the
PEC for approximately one year and two months, which Rob Le1line seconded. A vote
was taken and the motion passed 6--0, with Tom Steinberg abstaining.
At this time, Peter Patten announced Jim Viele would be resigning February 1, when
his term ended. Peter stated that ads would be placed, and he would notify Erik and
Ludwig of the opening.
Mayor Rose stated there were items not addressed at the Work Session that afternoon
which Council would like to cover Haw.
The Design Review Board report was next.
unanimous approval of the Finishing Touch
Design Review Board agenda.
Mike Mollica quickly reviewed the DRB's
sign. Kristan Pritz reviewed items on the
There was then discussion of the Vail Village Master Plan. Peter Patten Hated the
Council had received page inserts of the Council's Vail Village Master Plan which
would make the document exactly what the Planning and Environmental Commission had
approved. We asked Councilmembers to bring in their Master Plan documents so
Community Development could add the inserts. He then answered questions of
Council. After much discussion by Cauncii, Ron Phillips explained in general terms
what the Master Plan was for and would do. Diana Donovan agreed. Jim Gibson
suggested if it was to be used as a guideline, then to change all "shalls" to "mays"
and eliminate all referrals to "incentives." Peggy Osterfoss added the document
really was an attempt to provide a guideline. It was decided to hold more
discussion on this item at a Work Session Tuesday, January 9, 2:00 p.m. Ron
Phillips reminded Council the Wark Session January 16 would begin at 12:00 noon,
beginning with Employee Housing. Peter stated he would try to have as many PEG
members as possible at the Work Session January 9 to discuss the Master Plan with
Council. There was some discussion regarding a possible Lionshead Master Plan.
Mayor Rose announced he would be holding another Mayor`s Breakfast, possibly
Wednesday, February 7, in the West Vail neighborhood.
Mayor Rose stated there had been discussion today at the Work Session regarding
• contributing funds to the Betty Ford dinner. The cost would be $7,500 far a gold
table, and $3,500 for a silver table. He stated the Town of Avon would participate
for half of a $3,500 table, so now the Town was considering a $1,750 contribution.
He added if the public was interested in attending, it would cost them $350 a seat.
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Lynn Fritzlen felt the Mayor should go to represent the Town of Vail. Jim Gibson
suggested if they wanted to keep it simple, why not make a one time donation instead
of setting a precedent of paying for a table and being expected to go each year.
Rob Levine disagreed, that it was not just for the cash, but the Town needed
representation there, and felt the Mayor and Mayor Pro Tem and wives should attend.
• Ron Phillips noted the Council should really think about this, because the Council
was elected to represent the Town of Vail, and he felt only Councilmembers and
guests should go. He added the Town of Avon was sending its Mayor and one
Councilmember and spouses. Rob Levine made a motion to dedicate $1,750 for half of
a silver table, shared with the Town of Avon, to represent the Town of Vail in
support of the Fords and all they have done. Tom Steinberg seconded the motion.
Peggy Osterfoss recommended this be seen as a one time request. A vote was taken
and the motion passed unanimously 7-0.
There was no Citizen Participation.
Ron Phillips commented that Council had received handouts today regarding Kristan
Pritz becoming the Acting Community Development Director after Peter leaves. He
stated the Town would be advertising for the opening, and hopefully would have a
decision by late March.
There being no further business, the meeting was adjourned at 9:25 p.m.
Respectfully submitted,
~/ -~/~/L~ tit ~~ ~~~
Kent R: Rose, Mayor t
ATTEST:
Pamela A. Brandmeyer,` Town Clerk
Minutes taken by Brenda Chesman
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h1INUTES
VAIL TOWN COUNCIL MEETING
JANUARY 16, 1990
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, January 16, 1990, at
7:30 p.m., in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
Kent Rose, Mayor
Lynn Fritzlen
Jim Gibson
Merv Lapin
Robert Levine
Peggy Osterfoss
MEMBERS ABSENT:
TOWN OFFICIALS PRESENT:
Tom Steinberg, Mayor Pro Tem
Ron Phillips, Town Manager
Larry Eskwith, Tawn Attorney
Pam Brandmeyer, Town Clerk
The first item was presentation of plaques of appreciation to the former
Counci1members. Mayor Rose recognized each Councilmember of the last Council no
• longer serving, Eric Affeldt, John Slevin, and Gail Wahrlich-Lowenthal, and
presented them each with a plaque honoring their service to the Town. Mike Cacioppo
was not present to receive his plaque. Eric, John, and Gail thanked everyone for
their support, and wished the new Council good luck.
The second order of business was approval of the minutes of the December Z6 and 29,
1989 special meetings. There was no discussion by Council or the public. Merv
Lapin made a motion to approve the minutes, which was seconded by Peggy Osterfoss.
A vote was taken and the motion passed unanimously 6-0.
An Aquatic Center presentation by the Vail Metropolitan Recreation District was
next. Tim Garton gave a brief review and update to Council and the public regarding
the proposed aquatic center. Fie reviewed the goals of the task force, and gave
chronological background up to the present. Jim Morter, of Morter Architects, the
architect for the project, presented a slide show of the plans and discussed costs.
Tim and Jim then answered questions of Council and the public.
The fourth order of business was Ordinance No. 2, Series of 1990, first reading, a
request for rezoning from Residential Cluster to High Density Multiple Family with a
Special Development District for Parcel D, Stephens Subdivision. (Applicant:
Faessler Realty) Mayor Rose read the full title of the ordinance. Mike Mn1lica
gave an overview of the proposal, identified the location of the property, and
explained the zoning comparisons and criteria used in evaluating the proposal. He
then explained why the Planning and Environmental Commission and staff recommended
denial. Sidney Schultz, architect for the project, gave a brief presentation
discussing height, density, zoning, and parking. Johannes Faessler spoke as to why
he felt the project should be approved. Mayor Rose responded to Mr. Faessler's
concerns. There was much discussion by Council at this point regarding the parking
and number of people impacting the site. Greg Stutz, representing the Meadow Creek
Condominium Association, stated they were not against employee housing, they were
against the rezoning request, and gave reasons why they were against it. Sue Dugan,
a member of the Vail Board of Realtors but not representing them, noted how the
stigma of employee housing could affect the neighborhood. Patty Franke presented a
petition against the rezoning, and gave it to Mayor Rose. There was discussion
between Council and staff regarding sending the project back to the Planning and
Environmental Commission instead of voting an it. Johannes felt there was no point
in going back to the PEC or working with the neighborhood without getting c1 ear
direction from the Council. Sidney gave additional remarks in support of the
project, to which Greg Stutz responded. Jim Gibson made a motion to deny the
ordinance with the finding that since there has been no change in the neighborhood
conditions, or character of the area, a request for a change in the original zoning
should not be made. Merv Lapin seconded the motion. Eric Affeldt noted the Council
was looking at the broader issue of employee housing for the valley, and it was
critical that the employee housing study address what the problems are, and where to
locate housing. Peter Patten asked that the motion be amended to include the
findings in the staff memorandum of January 8, 1990. Jim amended the motion and
Merv seconded. Peter Franke objected to the employee housing in the neighborhood
since it would be only for Faessler's employees. Peggy Osterfoss suggested Johannes
use the Land Use Plan and input from the neighborhood to amend his plans. Diana
Donovan asked if Council could attend the PEC work session next time the project
comes up. Joe Earhart explained the relationship between the Meadow Creek
Condominiums and this particular neighborhood. A vote was then taken and the motion
passed unanimously 6-0.
Ttem number five on the agenda was Ordinance No. 1, Series of 1990, first reading,
regarding the Doubletree Special Development District No. 14. The full title was
read by Mayor Rose. Peter Patten gave background information regarding the
Doubletree project, reviewed revisions to the SDD, and then reviewed the SDD
criteria and changes to the previously approved 5DD requirements. We stated there
were no changes in development standards from the previously approved development
standards, and the staff recommendation was for approval. Peter also commented the
conditions of approval were unchanged from the original SDD. Peter Jamar,
representing Katzoff Resorts of Vail, gave background information and reasoning for
approval of the project. Lynn Fritzlen commented she was happy to see the addition
of guest services added to the hotel. Lynn Fritzlen made a motion to approve the
ordinance as written, which Rob LeUine seconded. Lynn amended the motion to include
the findings in the staff memorandum dated January 16, 1990, which Rob seconded. A
vote was taken and the motion passed unanimously 6-0.
The sixth item for consideration was Resolution No. 2, Series of 1990, a resolution
approving the Vail Village Master Plan. Peter Patten gave a brief presentation on
why there was a Master Plan, and reviewed the chronological background up to the
. present. Tom Braun explained how the P1 an would be used in the future. Peter then
covered, in the staff memorandum dated January 10, 1990, the changes to the Plan the
Council had requested. Merv Lapin made a motion to approve the resolution with the
changes made, which Peggy Osterfoss seconded. Lynn Fritzlen commented on her
reservations of the Plan, to which Rob LeUine responded. Jim Gibson felt Council
should implement the Plan as a living document which could change if necessary.
Larry Lichliter, of Vail Associates, stated he was philosophically in agreement with
most of the document, but asked for another 30 days to review the final document,
and have Council receive professional arguments with specific problems. After some
discussion by Council, Diana Donovan remarked the document had not changed since
November except for "mays," "sha1ls," etc. and the PFC needed it for
decision-making. She continued that it made the PEC's work much easier and gave
reasoning why it should be passed now. Peter Jamar also requested that the plan not
be approved to allow for additional review time. Peggy Osterfoss stated she was in
favor of passing it now, and Peter Patten agreed. A vote was taken and the motion
passed 4-2, with Lynn Fritzlen and Rob LeUine opposed.
Action on the Michael Barber contract for the Village Transportation Center
expansion was next on the agenda. Larry Eskwith began with discussing the two types
of insurance available for Michael Barber to carry. He asked Council which they
preferred, the regular insurance or project insurance, and explained the differences
in coverage and cost. After much discussion by Council and staff regarding
insurance, the actual architect contract, and owner's representation, Lynn Fritzlen
made a motion approving the contract contingent upon talking with the architect
regarding the Town hiring an owner's representative versus Michael Barber providing
an owner's representative from their own staff. After some discussion, the motion
was withdrawn. Rob LeUine made a motion to accept the contract with the architect
providing a full-time, seven days a week owner's representative for the Town if in a
reasonable time the Town cannot find an acceptable representative or cannot afford
one. Lynn Fritzlen seconded the motion. R vote was taken and the motion passed
unanimously 6-0.
The eighth item was action on Town Attorney and Town Manager compensation. Mayor
Rase stated the Council had three employees, the Town Attorney, Town Manager, and
Municipal Judge. He added they were holding the Municipal Judge's compensation the
same as previous years, but extending his hours from 20 to 24 a week. Mayor Rose
also noted the Town Manager's and Town Attorney's evaluations came out as above
standard toward outstanding. He noted the last Council's recommendations were to
look at bonuses instead of pay increases, and recommended a $4,000 bonus (6°/0} for
the Town Manager and $3,000 (5%} for the Tawn Attorney. After some discussion by
Council, Jim Gibson made a motion to eliminate the bonuses and grant the Town
Manager a pay increase of four percent and the Town Attorney a pay increase of five
percent, and follow the recommendation of the last Council for increasing the hours
from 20 to 24 for the Municipal Judge. Rab LeUine seconded the motion. After some
discussion by Council and staff, a vote was taken and the motion passed 5-1, with
Merv Lapin opposed.
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There being no further business, the meeting was adjourned at 12:00 a.m.
Respectfully submitted,
Kent R` Rase, Mayor
ATTEST:
Pamela A. Brandmeyer, Tawn Clerk
Minutes taken by Brenda Chesman
:~
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MINUTES
VAIL TOWN COUNCIL MEETING
FEBRUARY 6, 1990
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, February 6, 199fl, at
7:30 p.m., in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
MEMBERS ABSENT:
Kent Rase, Mayor
Tom Steinberg, Mayor Pro Tem
Jim Gibson
Merv Lapin
Robert Levine
Peggy Osterfoss
Lynn Fritzlen
TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
The meeting began with the approval of minutes of the January 2 and 16, 1990
meetings. There was no discussion by Council or the public. Merv Lapin made a
motion to approve the minutes as presented, which Peggy Osterfoss seconded. A vote
was taken and the motion passed unanimously 6-0.
Next on the agenda was Ordinance No. 1, Series of 1990, second reading, regarding
the Doubletree Special Development District No. 14. The full title was read by
Mayor Rose. Kristan Pritz gave brief background information regarding the
Doubletree project, and noted there were no changes made from first reading.
Kristan and Peter Jamar then answered questions of Council. Merv Lapin made a
motion to approve the ordinance, and Tam Steinberg seconded. A vote was taken and
the motion passed unanimously 0-0.
The third item was Ordinance No. 3, Series of 1990, first reading, an ordinance
amending Title 8 of Health and Safety of the Municipal Code of the Town of Vail by
the addition of Chapter 8.36 Skier Safety. Mayor Rose read the full title of the
ordinance. Buck Allen briefly explained what the ordinance was for and what it
would do. He then answered questions of Council. Peggy Osterfoss requested
"snowboarder" be included in each section beside "skier." After further discussion,
it was decided to change "cross country" to "telemarking" in Section F. A motion to
approve the ordinance with the noted changes was made by Tom Steinberg and seconded
by Merv Lapin. A vote was taken and the motion passed unanimously 6-0.
2tem four was Ordinance No. 4, Series of 1990, first reading, an ordinance approving
an intergovernmental agreement between the Town of Avon, Eagle County, and the Town
of Vail regarding the Berry Creek 5th Filing and the Miller Ranch. The full title
was read by Mayor Rose. Larry Eskwith explained the ordinance and reviewed changes
made since the Council last saw the agreement. He reviewed the change to paragraph
2, and answered questions from Council. He and Council then discussed the intent of
paragraph 9, and clarification of paragraph 9.D. It was also noted there was a
typographical error an page 1, line Z, to be corrected to read "by and among."
After much discussion, Robert Levine made a motion to approve the ordinance with the
Hated changes in the agreement. Tom Steinberg seconded the motion. A vote was
taken and the motion passed unanimously 5-0.
Next on the agenda was Ordinance No. 5, Series of 1990, first reading, an ordinance
amending the Arterial Business Zone District to allow private off-street surface
parking as a conditional use. Mayor Rose read the full title. Mike Mollica stated
the request for the amendment to the zoning code was being made by Vail Associates.
He reviewed the criteria used in evaluating the request, explained why the Planning
and Environmental Commission (by a unanimous vote of 7-0) and the staff recommended
approval to change the zoning code, and answered questions of Council. Ted Ryzick,
of Vail Associates, gave further explanation regarding the requested zone change.
After much discussion by Council, Jim Gibson made a motion to approve the ordinance
as presented. Robert Levine seconded the motion. Peggy Osterfass stated her
concerns over the proposed zone district changes. A vote was taken and the motion
passed 4-2, with Peggy Osterfoss and Merv Lapin opposing.
Next was Resolution No. 3, Series of 1990, a resolution proclaiming the week of
February 12-19 as Skier Safety Awareness Week. Buck Allen distributed "I Care"
buttons to Council, and gave a brief explanation regarding the resolution. Merv
Lapin made a motion to approve the resolution, which was seconded by Jim Gibson. A
vote was taken and the motion passed unanimously 6-0.
• Seventh on the agenda was Resolution No. 4, Series of 1990, a resolution designating
presidents Weekend, February 17-19, 1990, as the 10th Annual Smokeless Weekend.
Susan Scanlan stated this resolution encouraged people, for the tenth year in a raw,
to refrain from using fireplaces and woodstoves during the Presidents Weekend. Tom
Steinberg made a motion to approve the resolution, which Peggy Osterfoss seconded.
Robert Levine suggested trying to get residents to use their fireplaces and
woodstoves less throughout the year, because guests would not want to do it. Susan
responded this was one of the items they were working on now. A vote was taken and
the motion passed unanimously 6-0.
At this time, Larry Eskwith asked Council to go back to the Intergovernmental
Agreement. He had forgotten earlier to mention one minor change to the last
sentence of paragraph 10. All Councilmembers agreed with the change made.
The L'Oste1lo sign variance request was next on the agenda. Tom Braun explained
some changes made in the application since the staff memo was given to the Council.
There was some discussion by Council regarding the differences between the Finishing
Touch sign variance and this request. Kristan pritz and Mike Mollica reviewed the
differences.
• Mayor Rose took a moment to announce the unofficial results of the VMRD swimming
pool complex election. He stated the vote was 992 against, and 199 in favor of the
pool .
The discussion of the L'Ostello sign variance request continued. Tom Braun answered
questions of Council regarding the previous signage of the building. Peggy
Osterfoss commented the request was no larger than the previously existing signs,
and the owner needed the variance for visualization, so she felt the request was
reasonable. Robert Levine questioned the old paint spotlighted on the side of the
building, to which Jay Peterson, representing the applicant, responded it would be
taken care of. He also noted the landscaping, painting, etc. for the exterior would
be taken care of this summer. Peggy Osterfoss made a motion to approve the variance
question, finding this was not a grant of special privilege, and was a hardship for
the owner. Tom Steinberg seconded the motion. A vote was taken and the motion
passed unanimously 6-0.
The ninth agenda item was appointment of Design Review Board members and Planning
and Environmental Commission members. Ron Phillips remarked that Al Weiss would
like his name added to the list of DRB applicants. There was some discussion by
Council regarding appointments to cammittees by a majority vote. Tom Steinberg
stepped down due to Erik Steinberg's application. Applicants for the Planning and
Environmental Commission were Erwin Bachrach, Diana Donovan, James Johnson, Ludwig
Kurz, Erik Steinberg, and Al Weiss. A vote was taken and Diana Donovan and Ludwig
Kurz had the majority votes for the two PEC openings. Merv Lapin made a motion to
appoint Diana and Ludwig to the PEC for a two year term, which was seconded by
Robert Levine. A vote was taken and the motion passed 5°0, with Tom Steinberg
abstaining. At this time, Robert LeUine made a motion to reappoint Jim Shearer and
Connie Knight for a two year term. They were both appointed in December to complete
terms for two former members whose terms ended February 1990. Mayor Rose seconded
the motion. A vote was taken and the motion passed 5-0, with Tom Steinberg
abstaining. Applicants for the Design Review Board were Erwin Bachrach, Patricia
Herrington, and Al Weiss. A vote was taken and Patricia Herrington had the only
majority vote. Merv Lapin made a motion to appoint Patricia Herrington to the DRB
for a two year term, which was seconded by Robert LeUine. A vote was taken and the
motion passed 5-0, with Tom Steinberg abstaining. Council directed Kristan Pritz to
readvertise for the other opening on the DRB.
There was no Citizen Participation.
Merv Lapin suggested the Council direct staff to look into removing the franchise
fees on Public Service of Colorado, AT&T, Holy Cross Electric Association, and 50%
of the franchise fee on Heritage Cablevision. He explained he felt since the Town
was doing so well, Council should lower taxes, and could do so by reducing the
franchise fees. Mayor Rose responded that he felt now was not the time, but maybe
at a later date. Peggy Osterfoss agreed with Mayor Rose. Jim Gibson stated he
agreed with Merv's concept, and he felt it was a good idea and the time to do it was
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now. After much Council discussion, it was decided the item could be brought up
again during the budget process later this year.
There being no further business, the meeting was adjourned at 9:40 p.m.
Respectfully submitted,
~ ~ ~~
Kent R. Rase, Mayor '
ATTEST:
Pamela A. Brandmeyer, T wn Clerk
Minutes_tai<en by Brenda Chesman
~~
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MINUTES
VAIL TOWN COUNCIL MEETING
FEBRUARY 20, 1990
7:30 P.M.
A regular meeting of the Vail Town Council was held an Tuesday, February 20, 1990,
at 7:30 p.m., in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
Kent Rose, Mayor
Tom Steinberg, Mayor Pro Tem
Jim Gibson
Merv Lapin
Robert Levine
Peggy Osterfoss
MEMBERS ABSENT:
TOWN OFFICIALS PRESENT:
Lynn Fritzlen
Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam 8randmeyer, Town Clerk
The first item was Ordinance No. 3, Series of 1990, second reading, an ordinance
amending Title 8 of Health and Safety of the Municipal Code of the Town of Vail by
the addition of Chapter 8.36 Skier Safety. Mayor Rose read the full title of the
ordinance. Buck Allen briefly noted the added definitions Council requested at
first reading. Joe Macy stated Vail Associates was involved in the writing of the
ordinance and urged Council to pass it. Merv Lapin made a motion to approve the
ordinance, which Tom Steinberg seconded. A vote was taken and the motion passed
unanimously 6-0.
Item two was Ordinance No. 4, Series of 1990, second reading, an ordinance approving
an intergovernmental agreement between the Town of Avon, Eagle County, and the Town
of Vail regarding the Berry Creek 5th Filing and the Miller Ranch. The full title
was read by Mayor Rose. Larry Eskwith reviewed the changes made on page 2,
paragraph 2, and page 4, paragraph 9D. He explained these changes were requested by
Council at first reading. The Council decided to postpone action on the ordinance
until John Slevin, who had helped initiate the agreement and who was in the
audience, had a little time to review the language.
Next on the agenda was Ordinance No. 5, Series of 1990, second reading, an ordinance
amending the Arterial Business Zone District to allow private offi-street surface
parking as a conditional use. Mayor Rose read the full title. Mike Mollica noted
there were no changes made since first reading of the ordinance. Kristan Pritz and
Mike then answered questions of the Council. Robert Levine made a motion to approve
the ordinance on second reading, and Tom Steinberg seconded. Peggy Osterfoss stated
she was sympathetic to the situation, but did not feel it was appropriate to add
off-street parking in the Arterial Business District zone. A vote was taken and the
motion passed 4~2, with Peggy Osterfoss and Merv Lapin opposed.
The next order of business was Ordinance No. 8, Series of 1990, first reading, an
ordinance rezoning Lots 4 and 5, Block 2, Bighorn 1st Addition, from two family
residential to single family residential; and appeal of the PEC decision granting
approval of a minor subdivision. Mayor Rose read the full title. Mike Mollica
reviewed the zone change request and why the applicant was asking for it. He then
reviewed the criteria used in evaluating the request. Mike stated the staff
recommended approval of bath the zone change and the miner subdivision requests, and
the Planning and Environmental Commission approved both as well. He noted staff
recommended four conditions apply to the subdivision:
1. The Town Council approve the zone change request before the PEG chairperson
signs the plat.
2. The plat include a restriction which prohibits the use of berming as a
method of hazard mitigation.
3. The plat include a restriction which limits the total allowable GRFA to
13,295 square feet.
4. The plat include a restriction limiting the number of driveway cuts to a
maximum of two.
Mike Perkins, the architect representing the applicant, stated Mike Mollica had done
an excellent job, and then further explained why he felt both requests should be
• approved. John Slevin stated he preferred a single family design to a duplex
design. There was some discussion by Mayor Rose regarding his feelings why the lots
should be left as two, not four. Kristan Pritz and John Slevin gave additional
information trying to clear up any confusion. Peggy Osterfoss stated she would
agree to everything, but preferred two driveways instead of four. Tom Steinberg
explained why he was against the subdivision. After much discussion by Council,
Peggy Osterfoss made a motion to approve Ordinance No. 8 on first reading (far the
zone change) with the findings of 1) the zoning was suitable far the area; 2} there
was a convenient workable relationship within the land uses; and 3} it would provide
growth of an orderly, viable community, and with all provisions stated in the staff
memorandum included, Jim Gibson seconded the motion. There was some discussion
regarding the minor subdivision in relation to the rezoning. Peggy Osterfoss
amended the motion by adding the approval of Ordinance No. 8 was contingent upon the
approval of the minor subdivision, which was seconded by Jim Gibson. A vote was
taken and the motion failed 3-3, with Mayor Rase, Tom Steinberg, and Merv Lapin
opposing.
Item five was Resolution No. 5, Series of 1990, a resolution in support of the Eagle
County mill levy election for recreational facilities. Ron Phillips discussed both
Resolution No. 5 and Resolution No. 6, which was a resolution providing for certain
types of Town expenditures and contributions in-kind in regard to the Eagle Cnunty
. mill levy election for recreational facilities. He remarked that the two
resolutions would 1) endorse the election scheduled for April 10 supporting the mill
levy for recreational facilities, and 2) any individual member of the Town Council
or its department heads ar employees as specifically directed by the Town Council,
may expend not more than fifty dollars ($50) of public monies in the form of
letters, telephone calls, or other activities incidental to making a Town
Councilmember available to the press or the public for the purpose of responding to
question about any issues relating to the increase in tax levy and the purposes
therefor, or to express an opinion on any such issue. Merv Lapin made a motion to
approve Resolution No. 5, which was seconded by Peggy Osterfoss. A vote was taken
and the motion passed unanimously 6-0.
The next item was Resolution No. 6, Series of 1990, a resolution providing far
certain types of Town expenditures and contributions in-kind in regard to the Eagle
County mill levy election for recreational facilities. A motion to approve the
resolution was made by Merv Lapin and seconded by Peggy Osterfoss. A vote was taken
and the motion passed unanimously 6-0.
The next order of business was the appointment of a Vail Valley Marketing Board
member. The applicants were: Mary Anne Daly, James Feldhaus, Bruce Lillie, Robert
O`Malley, Marilyn Pierce, and Richard Salturelli. A secret ballot vote was taken
. and Marilyn Pierce chosen as the new member. Tom Steinberg then made a motion to
appoint Marilyn Pierce as the Vail Valley Marketing Board member, which Merv Lapin
seconded. A vote was taken and the motion passed unanimously 6-0. Merv Lapin
encouraged people to apply to the assorted Boards of the Town. Jim Gibson
encouraged the VVMB to do their own appointments from now on and become a more self
standing board; they know better what type of person they need than the Council did.
Action on a letter of intent to purchase Forest Service Spraddle Creek and Golf
Maintenance parcels was next on the agenda. Ron Phillips gave background
information, brought Council up-to-date on these properties, and reviewed the letter
of intent. Tom Steinberg made a motion to approve the letter of intent and that it
be sent to Bill Wood, District Ranger, which Merv Lapin seconded. R vote was taken
and the motion passed unanimously 6-0. Tom Steinberg asked if we should send a
similar letter of intent for Parcel H, to which Ron responded he would check with
Bill Wood. There was some discussion regarding monies being used to develop the
properties.
Next was discussion of an Urban Mass Transportation Administration (UMTA) grant
application for a people mover. Stan Berryman gave background information on the
subject. Ron Phillips provided additional information, and then both Ron and Stan
answered questions of Council. After some discussion, Tam Steinberg made a motion
. to approve up to $10,000 for a grant application for an EIS, which Peggy Osterfoss
seconded. There was some discussion of from where the money would be budgeted. A
vote was then taken and the motion passed unanimously 6-0.
_Z-
At this time, Mayor Rose asked if John Slevin had had enough time to review the
intergovernmental agreement, so the Council could act upon it. John felt it was
basically a good agreement for all parties concerned. Peggy Osterfoss then made a
motion to approve Ordinance No. 4, and Tom Steinberg seconded. A vote was taken and
the motion passed unanimously 5-0.
• There was no Citizen Participation.
At this time, Mayor Rose stated there were a few items which there had not been time
to discuss at the Work Session, and he wanted to go over them now.
The first item was a presentation of street entertainment survey results. Pam
Brandmeyer gave background information, and stated this year they wanted to begin
with Memorial Weekend and run through September 23, with entertainment only Fridays
through Sundays. She then reviewed the survey results and answered questions of
Council. Jim Gibson suggested the present committee be retained and those who
cannot participate would be replaced as designated by those who continue. The rest
of Council agreed.
Next was discussion of the Avon STOLport. Merv Lapin and Ron Phillips are planning
to attend a meeting next Tuesday, February 27, to meet with Continental Express.
Also, the Town of Avon is presently trying to purchase 150 acres the STOLport is
on. There was some discussion regarding these items.
Peggy Osterfoss gave an update on the County Recreation Complex next. She noted
they were forming a special citizens` promotional committee and the promotional
efforts were solely from private funds. She stated they had come up with a first
draft of a fact sheet, and distributed copies to Councilmembers. There was some
discussion regarding distribution information. Peggy asked for Council comments
before Friday for the next County Recreation meeting.
Ron Phillips' began his Information Update with a request that Council review the
drafted Citizen Survey by next Tuesday. He stated Council would discuss any
comments/additions/deletions/changes then. Ron commented that Marion and Kay Hurtt
donated $1,297 for a personal computer to the Library. This was the second donation
as such; the first was from Merv Lapin. He remarked the Library was very
appreciative of both. Ron then requested Council go into Executive Session to
discuss a legal problem that had come up.
Mayor Rose commented he liked Caroline Fisher's "Around Town" article for the paper.
At this time, Larry Eskwith requested Council to retire to executive session to
discuss a legal matter. A motion by Tom Steinberg to go into executive session was
seconded by Robert Levine. A vote was taken and the motion passed unanimously 6-0.
There being no further public business, the meeting was adjourned at 1O:00 p.m.
•
ATTEST:
Pamela A. Brandmeyer, Torn Clerk
Minutes taken by Brenda Chesman
Respectfully submitted,
~. ~~ ~ ~ ~~
Kent R. Rase, Mayor
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MINUTES
VAIL TOWN COUNCIL MEETING
MARCH 6, 1990
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, March 6, 1990, at
7:30 p.m., in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
MEMBERS ABSENT:
Kent Rose, Mayor
Tom Steinberg, Mayor Pro Tem
Lynn Pritzlen
Jim Gibson
Robert Levine
Peggy Osterfoss
Merv Lapin
TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
The meeting began with the approval of minutes of the February 6 and 20, 1990
meetings. There was no discussion by Council or the public. Jim Gibson made a
motion to approve the minutes as presented, which Tom Steinberg seconded. A vote
• was taken and the motion passed unanimously 6-O.
Next on the agenda was Ordinance No. 7, Series of 1990, first reading, increasing
the compensation for future Mayors and Councilmembers. The full title was read by
Mayor Rose. Larry Eskwith stated this ordinance was written to the Council's
specifications. Jim Gibson commented he had problems with the ordinance and felt
the Town needed a broader spectrum of people seeking seats on the Council, but this
was the wrong premise. He did not believe the ordinance would do what it was
intended to do, and urged the Council to oat pass it. Lynn Pritzlen remarked this
item was extensively discussed at a Work Session in which all Councilmembers
participated, and she felt it would help with daycare casts, filling in for a work
position during meetings, etc., and this might help get a diversity of applicants
for Council. Mayor Rose stated Councilmembers did spend a lot of time in meetings,
reading, an phone calls, etc., and he felt those who dedicate their time should be
compensated somehow and this would help. He continued with he had no problem with
increasing the compensation. Peggy Dsterfoss agreed with Mayor Rose, adding that
she preferred a flat rate change instead of the meeting rate, and felt the amount
should just be doubled what it is presently. Tom Steinberg stated the present
amount was the original amount set, and felt the amount should be brought up to an
acceptable level, such as $500, which would help poorer people run for office.
After much mare discussion by Council, Lynn Pritzlen made a motion to approve the
ordinance as presented, which was seconded by Tom Steinberg. Peggy Dsterfoss noted
she preferred a flat rate increase, but would support the ordinance because it was
valid. A vote was taken and the motion passed 4-2, with Robert Levine and Jim
Gibson opposing.
Item three was Ordinance No. 9, Series of 1990, first reading, an ordinance amending
Special Development District Na. 23, the Vail National Bank Building. The full
title was read by Mayor Rose. Tom Braun stated this was for a small addition to the
Vail National Bank building. After reviewing the SDD change request, he stated
staff had no problems with the concept, but there were a number of problems with
this proposal and the timing. He stated the five basic problems were:
1. At the present time, the parking structure approved for the Medical Center
is designed to meet the needs of the Center and the Doubletree Hotel. The structure
is not designed with excess capacity. Approval would have to be obtained from the
Town to modify the development plan adding more parking to this site. This approval
has not been obtained.
2. The parking is not in place at this time. The staff has serious concerns
about approving this proposal dependent upon parking that is not in existence
today.
• 3. The development of the parking structure is totally dependent upon the
performance of an adjacent property owner. The Bank has no control over the
completion of these spaces. It would not be responsible to grant a development
approval to one property owner, who then must rely on the performance of an adjacent
property owner in order to satisfy their parking commitments.
4. Tt has not been established that the Holiday Inn has an excess number of
spaces to lease to the Bank. With the development of the structure nut of the
. Bank's control, the Holiday Inn solution must be considered a permanent one in the
event the completion of the Medical Genter parking structure is delayed. While it
may be unlikely that problems will develop with completing the structure, it is not
the Town's responsibility to speculate, ar accept the risk that everything will go
smoothly.
The worst case situation is such that the Bank must rely on alternative
locations for the parking, and the obvious question becomes whether the Holiday Inn
has the ability to provide this parking. No documentation of the utilization of the
Holiday Inn's lot has been submitted as a part of this application.
5. The approval of this proposal could serve to establish a dangerous
precedent for future development proposals, Simply stated, the applicant is asking
far approval of a development that is dependent upon the performance of an adjacent
owner in order to satisfy the parking requirements. From the standpoint of the Town
and the community at large, there is little or nothing to gain by granting this
approval now. While an approval for the application will allow them a more
convenient construction schedule, the Town will be accepting the risk that the
parking structure at the Medical Center may or may not be completed in a timely
manner.
• Tom stated the Planning and Environmental Commission recommended approval by a 4-2
vote. After some comments by Council, Jay Peterson, representing the Vail National
Bank Corporation, gave some background information an this SDD and what the plans
are now. He addressed Tom Braun's concerns, and reviewed the PEC's eight conditions
for approval. He felt these addressed almost all of the concerns. Jay then
responded to Tom Steinberg's problems with the request. After much discussion,
Peggy Osterfoss made a motion to approve the ordinance with the eight conditions
required by the .P EC, plus two additional. The eight were:
1. The Vail Valley Medical Center {VVMC) submit an application for
modification to its conditional use permit allowing an additional two half levels of
parking.
2. The VVMC submit plans showing such two half levels of parking.
3. The Vail National Bank building exercise its option to purchase or use in
perpetuity the number of spaces from VVMB necessary to conform to zoning for its
addition.
4. The VVMC receive all approvals from the Town of Vail necessary to receive a
building permit to construct such additional levels of parking and the VVMC apply
for and receive such building permit.
5. The Vail National Bank building shall not occupy the expanded premises
unless VVMC has commenced construction and has continued construction on its parking
structure.
6. The Vail National Bank building agrees to move out of the expanded premises
if they cannot occupy the parking spaces at VVMC on or before December 1, 1990.
7. The Vail National Bank building provide a letter from Holiday Inn or a
suitable substitute allowing the use of four parking spaces from the date of
occupancy of the expanded premises to December 1, 1990.
8. The above conditions be satisfied prior to the issuance of a building
permit to Vail National Bank building.
The additional two were:
1. A temporary occupancy permit be issued contingent upon completion of the
parking structure by December 1, 1990.
• 2. If the Vail National Bank building is unable to occupy the structure by
January 1, 1991, the enclosed areas would be removed and returned to open decks.
_Z_
Robert Levine seconded the motion. Much more discussion ensued by the Council, Jay
Peterson, and staff. An idea ofi adding to the motion the requirement of a letter of
credit to be issued to the Town of Vail so the Town could remove the enclosed decks
if need be was mentioned. Larry Eskwith requested they leave the motion as is, so
he could work on the rewording for second reading. At this time, Jay Peterson
. requested the motion be withdrawn and the item tabled until the next Evening
Meeting. Peggy Osterfass withdrew the motion, and Robert Levine withdrew the
second. Peggy Osterfoss then made a motion to table the ordinance until the next
Evening Meeting, which Robert Levine seconded. It was felt this would allow Jay and
Larry time to work out some rewording. Tom Steinberg made a motion to proceed with
the ordinance on first reading. There was no second, so the motion died. A vote
was taken and Peggy`s motion passed 5-1, with Tam Steinberg opposing. Tom Steinberg
then made a motion to deny the ordinance. There was no second, so the motion died.
The fourth agenda item was appointment of a Local Liquor Licensing Authority Board
Member. Bill Bishop, the single applicant, has served on the Board since March of
1988. Peggy Osterfoss made a motion to reappoint Bill Bishop to a two year term on
the Local Liquor Licensing Authority Board. The motion was seconded by Robert
Levine. Lynn Fritzlen stated she was abstaining from the vote due to a financial
relationship she has with Bill Bishop at this time. A vote was taken and the motion
passed 5-0, with Lynn Fritzlen abstaining.
Under Citizen Participation, Kristan Pritz stated they needed Design Review Board
applicants. She asked Councilmembers that if they knew of anyone, to please let her
know and she would personally contact them. She added that at this time, there was
only one applicant.
• Mayor Rose commented that to move Citizen Participation up to the front of the
agenda, an ordinance was needed. He said that if everyone was agreeable, he would
also like to set up guidelines, time tables for speakers, and he would suggest
Council look at it and try it. Lynn Fritzlen felt it was appropriate. Larry
Eskwith stated he and Ron Phillips had looked at this item in the Cade today, and
they would have some suggestions to the Council in the very near future.
There being no further business, the meeting was adjourned at 9:03 p.m.
Respectfully submitted,
~ ~~~~
Kent R: Rose, Mayor ~
ATTEST:
Pamela A. Brandmeyer, Town Clerk
Minutes taken by Brenda Chesman
•
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~ ~
MINUTES
VAIL TOWN COUNCTL MEETING
MARCH 20, 1990
7:30 P.M.
•
A regular meeting of the Uai1 Town Council was held on Tuesday, March 20, 1990, at
7:30 p.m., in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
Kent Rose, Mayor
Tom Steinberg, Mayor Pro Tem
Lynn Fritzlen
Jim Gibson
Merv Lapin
Robert Levine
Peggy Osterfoss
MEMBERS ABSENT:
TOWN OFFICIALS PRESENT:
None
Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
The first item was the County Recreation and Affordable klousing Election
presentation. Don Welch introduced members of the Task Force who were present. He
explained the history of the Couni;y`s plans for recreation and affordable housing
and brought the public up-to-date. Peter Jamar gave a slide presentation of
prospective plans. Kevin Lindahl reviewed the planned capital costs for Phase T of
the recreation area, and once it becomes fully operational, the annual proceeds and
costs. Jim Stovall gave closing remarks giving an overview of the tentative plans.
He then urged the public to get out and vote April 10. Don Welch then held a
question/answer session for the public.
Item two was a public hearing regarding the proposed Tannenbaum land exchange.
Mayor Rose gave brief background information on the proposed land exchange. He then
gave a summation of past Council philosophies and decisions regarding open space,
real estate transfer tax, and the pursuit of land acquisitions to keep open space,
Council's concern now over a precedent that will be set, and that Council did not
want to see local land degradation to preserve other lands. Andy Wiessner,
representing the Tennenbaums, discussed amendments to the proposed legislation to
appease the Town of Vail, noting the basis of the request was that the loss of one
acre would not do the Town any harm. He then addressed some issues brought up at
the Special Council Work Session meeting last Thursday, and answered numerous
questions of the public. Afterwards, pro/con statements from the public were made.
Emmet Mossman, who lives at 166 Forest Road, was against the exchange. Kirk Kepsel,
. of Lakewood and representing the Calorado Environmental Coalition, felt the land
trade would be outstanding far Colorado. He felt the 2,10n acres were all
ecologically significant land in the state, and the one acre was not. Arthur Gould,
a licensed engineer and part-time resident of Vail, and representing the homeowners
on Rockledge Road, was very much against the trade. Woody Beardsley of Denver,
representing the Colorado Division of the Wilderness Society, endorsed the land
swap, but would help if Uail residents could raise enough money to purchase the
lands; then the Society would drop their support of the land trade. Moni Beal felt
this trade must be stopped now, because others would be coming up in the future if
this did go through. Hermann Staufer was against the trade, and felt residents had
worked hard for Vail and want to keep it the crown jewel of the ski industry. Diana
Williamson opposed the trade stating neighbors may have problems if it happened.
Lee Baker, from Qenver and on the Board of the Colorado Mountain Club, congratulated
the Council on their commitment to open space, and stated the position of the Club
on this issue was that it was a good deal for the people of Calorado; it may not be
for Uail, but it was for the State. He also felt it was too good a deal to turn
down and too good a deal for Uail to stop. Lew Meskiman, a Uail resident, felt the
trade was not in the best interest of the town. He suggested the Town look into
extending town limits over the Forest Service land and designate this overlapped
area as open space; this would provide a double block for any land transfers. He
noted that Minturn does this. Joe Staufer was concerned that this transfer would
establish a precedent and urged the Council to fight it. Dorothy Coleman,
representing the Colorado Environmental Coalition, stated she understood why Vail
was against the trade, but felt the other lands were worth saving; also, she felt
the ski area may expand over the one acre eventually. Diana Donavan was very much
against the proposed trade. At this time, Councilmembers gave their comments
regarding the proposed land trade. Jim Gibson was very disappointed with the
environmental groups; he felt they saw only one thing - 2,100 acres of what they
wanted. He felt this was an extremely dangerous precedent which would affect Vail
very adversely. He also remarked if it could be done here, then it could be done
. anywhere in the country. Peggy Osterfoss commented it was interesting to see the
polarization of the Vail group and environmental groups, and felt we should be
working together far a net increase in public lands, not exchanges. She also noted
the problem she had with this exchange was that it involved subjective judgement -
what's good for whom? Merv Lapin was very much apposed to all land trades that
involve Forest Service lands for private lands. He encouraged the public to contact
our Colorado delegates and let them know immediately that we are against this
trade. Mayor Rose was against the trade because he did not want to lose our open
space to acquire some elsewhere; the land was important here. Tom Steinberg, who
was completely against the trade, pleaded with Mr. Tennenbaum to totally withdraw
his request. He felt this was in the best interest of the community and the
Tennenbaums. Lynn Fritzlen first thanked everyone for coming to express their
opinions, the commented she was against this trade because it was a local land use
decision being decided on a national level with no local input. Robert Levine was
worried about this trade setting a precedence, and felt that each time after this
would be easier and easier until the system fell apart. Ron Phillips stated a
summary of Council's comments would be in a written form sometime tomorrow for the
public. Jim Gibson asked that a list of the Colorado delegation's addresses and
phone numbers be included for the public. Tom Steinberg then made a motion
authorizing the Town Manager to make a summary of Council's attitude and draft a
letter to the Colorado delegation opposing the land trade as presented for reasons
• stated, and to have this letter sent to each member of the delegation, and also make
this information available to the public, along with the delegations' addresses and
phone numbers. Merv Lapin seconded the motion. A vote was taken and the motion
passed unanimously 7-0.
Due to the lateness of the hour, Council decided to move agenda items around to
accommodate those members of the public involved in agenda items who were still
present.
The next item discussed was Ordinance No. 9, Series of 1990, first reading, a
request to amend Special Development District No. 23, the Vail National Bank
Building. Mayor Rose read the full title. Tom Braun stated no changes had been
made to the ordinance and staff had done no additional work on it with Jay
Peterson. He remarked staff had no other comments and would be interested to hear
the Bank's presentation. Paul Powers of the Vail National Bank Building reviewed
the request, gave some background information, and answered questions of Council.
Peggy Osterfoss noted the Council had problems with two issues basically: 1} the
timing of the construction before the parking spaces were available, and 2) adequate
parking. Lynn Fritzlen stated it was difficult to vacate the space if the
conditions were not met, and the enforcement would prove to be overwhelming to
staff. Tom Braun added that staff could not support the request as it stands. Tam
Steinberg made a motion to deny the ordinance, which was seconded by Lynn Fritzlen.
Diana Donovan did not understand why the Council was against this request. After
some discussion by Council, Byron Rose, one of the owners of the Bank building,
addressed the timing issue as far as Land Title and the VNB Building were
concerned. Peggy Osterfoss responded to Diana's concerns, and added she would vote
against the ordinance. Robert Levine suggested the Town issue a building permit at
the time the parking structure was begun, but no occupancy permit until the parking
structure was complete. After much discussion by Council, Gail Wahrlich-Lowenthal
responded to Council's timing concerns, asked questions of Council and staff, and
gave reasons why the request should be approved. A vote was then taken and the
motion passed 6-1, with Mayor Rase opposing, so Ordinance No. 9 was denied.
The next order of business was Ordinance No. 10, Series of 1990, first reading,
amending Special Development District #4, Cascade Village Area D, Glen Lyon Office
site to provide for changes to parking provisions, micro-brewery building and east
building. The full title of the ordinance was read by Mayor Rose. Kristen Pritz
gave a brief description of the request noting staff recommended approval and the
Planning Commission unanimously recommended approval. There was then some
discussion regarding parking. Jim Gibson made a motion to approve the ordinance,
and Peggy Osterfoss seconded. A vote was taken and the motion passed unanimously
7-0.
The fifth item was Resolution No.
act on behalf of the Town of Vail
termination agreement with the U.S
7, Series of 1990,
in negotiating and
. Postal Service.
authorizing the Town Manager to
entering into a lease
There was no discussion by the
-2-
. ~,
public or Council. Merv Lapin made a motion to approve, which Robert Levine
seconded. A vote was taken and the motion passed unanimously 7-0.
Next was Ordinance No. 11, Series of 1990, first reading, rezoning Lots 3, 4, and 5,
Vail Valley 3rd Filing, a part of Sunburst replat from Primary/Secondary Residential
. to Special Development District. Tam Braun stated the applicant was requesting the
ordinance be tabled and the application be remanded to the Planning Commission.
There was no other discussion. Merv Lapin made a motion to table the item and
remand the application back to the Planning Commission. The motion was seconded by
Robert Levine. A vote was taken and the motion passed unanimously 7-O.
Ordinance No. 7, Series of 1990, second reading, increasing future Council
compensation, was discussed next. Mayor Rose read the full title of the ordinance.
Lynn Fritzlen made a motion to approve, with a second by Tom Steinberg. Jim Gibson
was opposed to the ordinance because he felt it would not get younger people to run
for Council. Also, he felt Council would be open to considerable criticism sine
Planning Commission and Design Review Board members received no compensation. After
some discussion regarding this, Diana Donovan commented she felt an across the board
increase for Councilmembers was alright, but not for attending meetings. A vote was
then taken and the motion failed 3--4, with Robert Levine, Peggy Osterfoss, Merv
Lapin, and Jim Gibson opposed, so Ordinance No. 7 was denied.
The next order of business was Ordinance No. 12, Series of 1990, first reading,
amending the Town's sales tax code. The full title was read by Mayor Rose. There
was no discussion by Council or the public. Merv Lapin made a motion to approve,
which Peggy Osterfoss seconded. A vote was taken and the motion passed unanimously
7-0.
The Jacka1ope Cafe & Cantina sign variance was next. Due to the absence of the
applicant, Merv Lapin made a motion to table this item to the next Evening Meeting
April 3. Peggy Osterfoss seconded the motion. A vote was taken and the motion
passed unanimously 7-O.
The tenth item on the agenda was appointment of a Design Review Board member.
Applicants for the opening were Carolyn Edrington, Don Galgan, George King, and
George Lamb. Council voted by secret ballot far one member. There was a majority
vote for George Lamb. Merv Lapin then made a motion to appoint George Lamb for a
two year term nn the DRB, which Tom Steinberg seconded. A vote was taken and the
motion passed unanimously 7-0.
There was no Citizen Participation.
There being no further public business, the meeting was adjourned at 12:15 a.m.
Respectfully submitted,
• ~~~
~_ ~~
Kent R. Rose, Mayor ~
ATTEST:
c.Gi~
Pamela A. 8randmeyer, Town Clerk
Minutes taken by Brenda Chesman
•
-3-
r.
MINl1TES
VAIL TOWN COUNCIL MEETING
APRIL 3, 1990
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, April 3, 1990, at
7:30 p.m., in the Council Chambers of the Vail Municipal 8ui1ding.
MEMBERS PRESENT:
Kent Rase, Mayor
Tom Steinberg, Mayor Pro Tem
Lynn Fritzlen
Jim Gibson
Merv Lapin
Robert Levine
Peggy Osterfoss
MEMBERS ABSENT:
TOWN OFFICIALS PRESENT:
None
Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
The meeting began with a ten year employment anniversary award to Charles Wick. Ron
Phillips gave brief background information on Charlie, Director of Administrative
. Services and Assistant Town Manager, and then presented Charlie with a Town of Uail
silver belt buckle. After a few words of commendation by Ron and Kent, Charlie
thanked everyone.
Next on the agenda was approval of the minutes of the March 6 and 20, 1990
meetings. There was no discussion by Council or the public. Merv Lapin made a
motion to approve the minutes as presented, and Peggy Osterfoss seconded. A vote
was taken and the motion passed unanimously 7-0.
The third item was a consent agenda of the following:
A. Ordinance No. 10, Series of 1990, second reading, amending Special
Development District No. 4, Cascade Village Area D, Glen Lyan office site to provide
for changes to parking provisions, micro-brewery building, and east building.
B. Ordinance No. 12, Series of 1990, second reading, amending the Town's sales
tax code.
Mayor Rase read the full titles of the ordinances. Larry Eskwith stated there were
no changes to either ordinance since first reading. Kristan Pritz and Larry then
answered questions from Council. Tom Steinberg made a motion to approve the consent
. agenda as presented, which Merv Lapin seconded. A vote was taken and the motion
passed unanimously 7-0.
Ordinance Na. 6, Series of 1990, first reading, an ordinance relating to smoking in
public places and places of employment was next. The full title was read by Mayor
Rase. Susan Scanlan gave brief background information on how the ordinance had come
about. After some discussion regarding pasting outside of buildings, Susan answered
questions of Council. Matt Carpenter felt this was a watered down policy and that
the ordinance should have been horded much more strongly. Tom Steinberg made a
motion to approve the ordinance, and Lynn Fritzlen seconded. A vote was taken and
the motion passed Unanimously 7-0.
Fifth on the agenda was Ordinance No. 11, Series of 1990, first reading, rezoning
Lots 3, 4, and 5, Vail Valley 3rd Filing, a part of Sunburst replat from Primary/
Secondary Residential to a Special Development District. Mayor Rose read the full
title. Kristan Pritz reviewed the SDD request and gave background information. She
reviewed the criteria used in evaluating the proposal and explained why staff
recommended denial. Kristan noted the Planning and Environmental Commission voted
unanimously 7-0 far denial. Robert Warner, the applicant, gave reasons why he felt
the SDD should be granted, and explained why the pool area under the garage would
not affect the floor area. Jim Junge, architect for the project, gave further
. reasoning why the request should be approved. Kristan and Robert answered questions
of Council. Mayor Rose felt that since the Warner's were offering aver 2,000 square
feet in three employee units, maybe Council could approve as an incentive because it
was a benefit to the Town. Robert Levine made a motion to approve the ordinance,
' which was seconded by Peggy Osterfoss. Tom Steinberg requested Mr. Warner to deed
restrict the pool so it would remain that way permanently, and to deed restrict the
employee housing units so they are permanently employee housing; a15o, to ensure the
employee units would not be for sale, but remain rentals only. Robert Levine
amended the motion to include Tam`s suggestions, and Peggy amended the second.
• Peggy Osterfoss stated she wanted it included in the ordinance that the reason for
approval was for a gain in employee housing. Kristan commented it would be added
somewhere in the beginning of the ordinance, in the "Whereas" sections. There was
then some discussion by Council regarding enforcement and control. Dalton Williams,
of the PEC, remarked that all members of the PEC felt it was a good design, a good
proposal, but they were concerned about using an SDD as the mechanism to do this and
setting a precedent. Jay Peterson added he felt the SDD should be granted because
it was a very creative way to add three employee units. Peggy Osterfoss commented
Council was concerned with providing additional affordable housing for the community
and it was appropriate to approve this SDD. A vote was taken and the motion passed
unanimously 7-0.
Item six was Ordinance No. 13, Series of 1990, first reading, a request for an
amendment to SDD No. 22, a resubdivision of Lots 1-19, Block 2, Lions ridge Filing
No. 3. The full title was read by Mayor Rose. Kristan Pritz stated the SDD had
been approved and the final plat approved, but not recorded with the County yet.
She noted this was an amendment to the original SDD and that the final plat was also
being revised. She reviewed the changes requested, and commented staff recommended
approval with the conditions shown in the ordinance. Buff Arnold, architect for the
project, gave further explanation of the amendments to the SDD and reasoning for
approval. Mr. Pat Dauphinais addressed the item of number of driveways. There was
then some discussion by Council regarding additional curb cuts. Peggy Osterfoss
made a motion to approve to provide changes with the finding that the changes are in
accordance with the SDD criteria conditions as listed in the staff memorandum to the
PEC dated March 26, 1990; except under employee dwelling units, the warding "any
lot" should be used; a letter of credit should be provided for a bus stop, so one
can be provided once a school or Tawn bus schedule is established within five years;
add the PEC recommendations that 1) each phase of development shall include a
minimum of one employee unit until the six employee unit minimum is fulfilled, 2)
garages for employee units shall be connected to the main structure, 3) the
developer shall construct a sidewalk along the north side of Lionsridge Lane
beginning at the cul-de-sac and extending to the main entry to the subdivision, and
4} at grade, unroofed, unenclosed decks may extend five feet into the rear setback
for Lots 1-14; including conditions 3, 4, 5, and 6 in the staff recommendation; and
the four additional curb cuts not be approved. Merv Lapin seconded the motion.
Robert Levine was concerned that employee housing figures were not included in the
total GRFA, and wanted them shown up front, because they should be addressed and not
ignored. Kristan Pritz remarked they would be added in the density section. Peggy
Osterfoss suggested they be added in the preamble like the last ordinance, in the
"Whereas" sections, which Kristan agreed to. Dalton Williams, of the PEC, stated
the PEC voted on the curb cuts 4 for and 3 against, and explained their reasonings
and concerns to the Council. Tom Steinberg stated he would vote against the
• ordinance as presented because of the lack of safety for children on the sidewalk;
the curb cuts belong on the north side only. Jim Gibson agreed. A vote was taken
and the motion passed 5-2, with Tam Steinberg and Jim Gibson apposing.
Ordinance No. 14, Series of 1990, first reading, a request for a Special Development
District at the Garden of the Gods on Lot K, Block 5, Vail Village 5th Filing, and a
portion of P-2, Block 3, Vail Village 5th Filing, at 355 Gore Creek Drive. The full
title was read by Mayor Rose. Kristan Pritz gave chronological background
information of the SDD request to amend the original SDD. She reviewed the criteria
used in evaluating the request, explained why the staff recommendation was for
approval with the eight conditions and three recommendations to the DRB as shown in
the staff memorandum to the PEC dated March 26, 1990. Don Hare, representing the
owner, reviewed again why this SDD amendment was before the Council. Pam Hopkins,
representing the architect, explained changes in the building footprint plans. Art
Carroll, a resident in the Vorlaufer, was against the SDD because it would block the
view of Vail Mountain. After much discussion by Council, Peggy Osterfoss made a
motion to approve the ordinance with findings based on the evaluation of the
proposed SDD criteria are appropriate, with all conditions in the staff
recommendation as shown in the staff memorandum to the PEG dated March 26, 1990.
After some discussion by Council, Jim Gibson seconded the motion. A vote was taken
and the motion passed 4-3, with Merv Lapin, Lynn Fritzlen, and Robert Levine
. opposing.
At this time, Mayor Rase asked that the next few agenda items be placed on a consent
agenda:
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' A. Ordinance No. 15, Series of 1990, first reading, an ordinance changing the
order of business at Council meetings.
B. Resolution No. 8, Series of 1990, proclaiming the week of April 21-27 as
Earth Awareness Week.
• C. Resolution No. 9, Series of 1990, setting rules for Council public
hearings.
After some discussion by Council, Merv Lapin made a motion to place Ordinance No.
15, Resolution No. 8, and Resolution No. 9 on a consent agenda. Tom Steinberg
seconded the motion. A vote was taken and the motion passed unanimously 7-0.
Mayor Rose then read the full titles of Ordinance No. 15, Resolution No. 8, and
Resolution No. 9. Robert Levine made a motion to approve the consent agenda, which
Merv Lapin seconded. A vote was taken and the motion passed unanimously 7-O.
Next was Resolution No. 10, Series of 1990, a resolution opposing mandatory Social
Security and Medicare coverage for public employees. Lynn Fritzlen stated she would
not support this resolution because she felt public employees should be subjected to
the same programs as the private sector. There was some discussion by Council and
Ron Phillips. Merv Lapin made a motion to approve the resolution, and Peggy
Osterfoss seconded. A vote was taken and the motion passed 6-1, with Lynn Fritzlen
opposing.
The Jackalope Cafe & Cantina sign variance request was next. Shelly Me11a gave
. background information on the variance request. She reviewed the four criteria used
in evaluating the variance and explained why staff and the DRB recommended approval
of the request. Merv Lapin made a motion to approve the request for reasons and
findings as shown in the March 7, 1990 staff memorandum to the DRB. Peggy Osterfoss
seconded the motion. A vote was taken and the motion passed unanimously 7-0.
There was no Citizen Participation.
Merv Lapin commented Councilmembers had received a letter from Woody Beardsley
regarding the Beartree lot. He requested Ron Phillips write a letter to Mr.
Beardsley requesting detailed information; Ron replied staff would follow up on the
request.
There being no further business, the meeting was adjourned at 11:15 p.m.
Respectfully submitted,
~%%~~' 1 J 1 ~-_
Kent R. Rose, Mayor
•
ATTEST:
Pamela A. Bra~ndmeyer, Town Clerk
Minutes taken by Brenda Chesman
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.~*
MINUTES
VAIL TOWN COUNCIL MEETING
APRIL 17, 1990
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, April 17, 1990, at
7:30 p.m., in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
Kent Rose, Mayor
Tom Steinberg, Mayor Pro Tem
Lynn Fritzlen
Merv Lapin
Robert Levine
Peggy Osterfoss
MEMBERS ABSENT:
TOWN OFFICIALS PRESENT:
Jim Gibson
Ran Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
The first item was the Uail Metropolitan Recreation District offer to return $25,000
to the Town of Vail; reduction in Town of Vail recreation subsidy. Tim Garton, VMRD
• Chairman, read a letter regarding this subsidy from the VMRD Board to the Council.
He further stated that if projected revenues materialize, the additional $25,000
will be returned to the Town of Vail by the fall of 1990. Following limited
questioning, this check was accepted by Mayor Rose.
Item two was a presentation of the Colorado Tourism Board 1989 Urban Tourism Award
to Council from the Uail Valley Marketing Board. Frank Johnson, Chairman of the
DUMB, reviewed current and future projects of the Marketing Board for summer
marketing. He stated the Urban Tourism Award was one of seven awards given; he
listed several other Denver area advertising awards won by the VUMB. Frank thanked
the Council for their support. Mayor Rose felt the thanks needed to go back to the
Marketing Board for their time and effort.
Third on the agenda was a consent agenda of the following items:
A. Ordinance No. 6, Series of 1990, second reading, an ordinance repealing and
reenacting Chapter 8.32 of Title 8 of the Municipal Code of the Town of
Vail to expand, strengthen, and clarify Code provisions relating to smoking
in public places and places of employment.
B. Ordinance No. 11, Series of 1990, second reading, an ordinance re-zoning
Lots 3, 4, and 5 of Vail Valley Third Filing, a part of Sunburst replat, to
Special Development District No. 24, in accordance with Chapter 18.40 of
the Uail Municipal Code; and setting forth details in regard thereto.
C. Ordinance No. 13, Series of 1990, second reading, an ordinance repealing
and reenacting Ordinance No. 23, Series of 1988, to provide changes to
Special Development District No. 22 that concern lot size and corresponding
GRFA; and curb cuts; and employee dwelling units; and architectural
guidelines; and setting forth details in regard thereto.
D. Ordinance No. 14, Series of 1990, second reading, an ordinance repealing
Ordinance No. 40, Series of 1987 and approving Special Development District
No. 19, Garden of the Gods, in accordance with Chapter 18.40 of the
Municipal Code and setting forth details in regard thereto.
E. Ordinance No. 15, Series of 1990, second reading, an ordinance amending
Section 2.04.050 of the Municipal Code of the Town of Vail changing the
order of business in regular and special meetings of the Town Council; and
setting forth details in regard thereto.
F. Resolution No. 11, Series of 1990, a resolution ratifying the Articles of
Association of the Northwest Colorado Council of Governments.
Mayor Rose read the full title of each. Merv Lapin moved that a consent agenda of
only items E and F be approved; all others be pulled off for discussion. Tom
Steinberg seconded. A vote was taken and the motion passed unanimously 6-0.
Therefore, the next item was Ordinance No. 6, Series of 1990, second reading, an
. ordinance relating to smoking in public places and places of employment. Ron
Phillips stated the ordinance had not changed since first reading, and staff did not
have anything to add. Matt Carpenter questioned one section of the ordinance, to
which Larry Eskwith responded. Merv Lapin made a motion to approve the ordinance,
which Peggy Osterfoss seconded. A vote was taken and the motion passed unanimously
6~0.
Ordinance No. 11, Series of 1990, second reading, an ordinance rezoning Lots 3, 4,
and 5, Vail Valley 3rd Filing, a part of Sunburst replat from primary/secondary
residential to special development district. Tom Braun stated there was one minor
change to the ordinance, which he discussed. He then very briefly reviewed Council
requests from first reading. Peggy Osterfoss made a motion to approve, which was
seconded by Robert Levine. There was a short discussion regarding this SDD use as
setting a precedent. Merv Lapin was concerned about using the SDD process in a low
density residential area, and would change his vote from how he voted at first
reading. Lynn Fritzlen agreed the SDD was not the best mechanism, but the only way
right now until housing guidelines were in place. Mayor Rose agreed, and would vote
in favor of the ordinance tonight. A vote was taken and the motion passed 4-2, with
Tom Steinberg and Merv Lapin opposing.
Next was Ordinance No. 13, Series of 1990, second reading, a request for an
• amendment to 5DD No. 22, a resubdivision of Lots 1-19, Block 2, Lionsridge Filing
#3. Kristan Pritz quickly reviewed changes Council had requested be incorporated
into the ordinance since first reading. There was some discussion regarding a bus
stop, to which Mr. Pat Dauphinais stated he would provide a letter of credit for
one. Council felt that was agreeable. Tom Steinberg then made a motion to approve
the ordinance as amended, which Merv Lapin seconded. A vote was taken and the
motion passed unanimously 6-O.
Ordinance No. 14, Series of 1990, second reading, a request for a special
development district at the Garden of the Gads on Lot K, Block 5, Vail Village 5th
Filing, and a portion of P-2, Block 3, Vail Village 5th Filing, at 365 Gore Creek
Drive. Kristan Pritz addressed questions of Gretta Parks and Council. A motion to
approve the ordinance was made by Peggy Osterfoss and seconded by Robert Levine.
Connie Knight, a property owner, aired her concerns over the possible approval of
this SDD request. Kristan then answered questions of Council. There was some
discussion by Council regarding building size and mass. Tom Steinberg requested an
annual letter regarding employee housing use. Peggy amended the motion to include
this request; Rob amended his second. A vote was taken and the motion passed 5-1,
with Lynn Fritzlen opposing.
Item eight was Ordinance No. 16, Series of 1990, first reading, an ordinance
• amending View Corridor No. 1. Mayor Rose read the full title. Tom Braun reviewed
an architect scale model of the request. He then noted the Planning Commission's
6-1 recommendation for approval by changing the photo and not the line. Tom then
reviewed the criteria used in evaluating the request noting views from other
buildings were not included. He stated staff supported the project with two
conditions:
1. The photo depicting View Corridor No. 1 be modified to reflect the new Red
Lion Building at a time when the expansion is completed.
2. The specific reasons justifying this request be included in the preamble of
the ordinance authorizing this amendment.
Tom then reviewed the ten conditions required by the Planning Commission for their
approval, which were itemized in the staff memo to Council dated April 17, 1990. He
added there was a1 so an eleventh condition to be added, which stated the Red Lion
would participate in a streetscape special improvement district if and when formed.
There was some discussion by Council and staff regarding notice of action on the Red
Lion improvements. Larry Eskwith commented he would have felt more comfortable if
all the items were included on the agenda mentioned the appeal of the PEC action,
and recommended Council table the item until the next Evening Meeting. Tom
Steinberg felt it was alright to table the item, but we should take comments so
staff can be working on Council concerns before the next time. Jay Peterson,
representing the applicant, stated this was the first he had heard of a notification
problem, and with the construction season so short, the delay would put them
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behind. Gordon Britton felt Tom Braun's presentation was hard to understand and
asked to see the scale model up close and hear the presentation again. After Tam
Braun ran through it again, Jay Peterson gave reasons why he felt the Planning
Commission approved, and why the Council should approve. Jim Morter, architect for
the project, presented photos to Council of the view line. Jay added reasons why
. the project was good. Jay, Jim, and Larry answered questions of Council. Yvonne
Mullaley made comments on the roof design. After more discussion by Council, Connie
Knight asked for the view corridor to be specifically dealt with separately from the
Red Lion improvements. After much more discussion by Council, Merv Lapin made a
motion to approve the ordinance on first reading, and directed staff to place the
ordinance on the May 1, 1990 Evening Meeting agenda directly after the Red Lion
application. Mayor Rose seconded the motion. A vote was taken and the motion
passed 4-2, with Tom Steinberg and Lynn Fritzlen opposing.
Next was the rational Velvet Dry Gleaners sign variance request. Shelly Mello
reviewed the request and criteria used in evaluating the request. She stated staff
supported the height and location variance requests, but not the one square foot
increase in size. Shelly noted the Design Review Board unanimously voted 5-Q for
approval for all three requests. Bill House, the applicant, requested the one
square foot increase to match the liquor store sign. After some discussion by
Gouncil, Lynn Fritzlen made a motion to approve the height and location variance
requests of the sign, but not the increased size, for reasons presented by staff and
finding the same as staff as noted in the staff memo to the Design Review Board
dated April 4, 1990. Robert Levine seconded the motion. A vote was taken and the
motion passed unanimously 6-0.
• At this time, it was felt a motion should have been made to table the call up of the
Red Lion conditional use, variances, and exterior alteration to the May 1, X990
Evening Meeting for adequate notification of the public. Merv Lapin made the
motion, and Peggy Osterfoss seconded. A vote was taken and the motion passed
unanimously 6-0.
A side and rear setback variance request for Lot D-7 Bighorn Terrace was next on the
agenda. Shelly Mello explained the variance request and discussed staff`s
recommendation for denial, while the Planning Commission had voted in favor of the
request. She then reviewed the criteria used in evaluating the requests and
answered questions of Council. Eric Hill, architect representing the applicant,
explained the one foot side setback. Lynn Fritzlen suggested staff look into
rezoning of the subdivision. Peggy Osterfoss made a motion to approve the side and
rear setback requests, because there was not a significant intrusion beyond the
original footprint, and stating a hardship was the result of the building already
being in place when the setback was determined. Robert Levine seconded the motion.
A vote was taken and the motion passed 5-1, with Lynn Fritzlen opposing. Tom
Steinberg then made a motion for staff to address the local neighborhood into the
total zoning issue, to which Merv Lapin seconded. A vote was taken and the motion
passed unanimously 6-0.
Next on the agenda was the Lions Ridge rockfall amendment. Tam Braun reviewed the
hazard ordinance standards for rockfall zoning changes within the Town. He stated
staff had no recommendation and asked the applicant's consultant for a report on why
the area should be rezoned medium severity instead of high severity. Robert Irish,
an engineering geologist, representing Jill Down and Bruce Canton, discussed his
review letter on the Lions Ridge hazard area. He and Tom then answered questions of
Council. Mayor Rose remarked he agreed with Mr. Irish. After some discussion by
Council, Lynn Fritzlen made a motion to reclassify the area from high to medium
severity rockfall, accepting Robert Irish's study, and directing staff to amend the
Town's rockfall records. Robert Levine seconded the motion. A vote was taken and
the motion passed unanimously 6-0.
Action on the ABC School lease agreement was the twelfth item. Larry Eskwith
commented the lease was almost a duplicate of the Learning Tree's agreement which
was before Gouncil two years ago. He added there was no Exhibit A, however, and
asked Gouncil to approve the agreement contingent upon having ABC School provide a
survey of the area including the addition after construction was complete. Lynn
Fritzlen made a motion to approve the agreement as presented, with the stipulation
that the ABC School provide the Town with an improvement survey after the
alterations have been made. Robert Levine seconded the motion. Merv Lapin
suggested wording be added that the school be run by a Board of Directors that is
elected by the parents of the students. Lynn and Rab amended the motion and
second. A vote was taken and the motion passed unanimously 6-0.
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The last item an the agenda was action on Vail Village Inn space lease agreement.
Larry Eskwith noted the lessee was not prepared to discuss the item tonight, and
requested it be postponed to the May 1 Evening Meeting. A motion to table the item
to the May 1 Evening Meeting was made by Tom Steinberg and seconded by Peggy
Osterfoss. A vote was taken and the motion passed 5-0, with Merv Lapin abstaining.
There was no Citizen Participation.
There being no further public business, the meeting was adjourned at 1.1:05 p.m.
Respectfully submitted,
\ ~ J ~t --~
Kent R: Rase, Mayor '
ATTEST:
Pamela A. Brandmeyer, Town Clerk
..'
Minutes taken by Brenda Chesman
r~
L
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MINUTES
VAIL TOWN COUNCIL MEETING
MAY 1, 1990
7:30 P.M.
•
A regular meeting of the Vail Town Council was held on Tuesday, May 1, 1990, at 7:30
p.m., in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
Kent Rose, Mayor
Lynn Fritzlen
Jim Gibson
Merv Lapin
Robert Levine
Peggy Osterfoss
MEMBERS ABSENT:
TOWN OFFTCIALS PRESENT:
Tom Steinberg, Mayor Pro Tem
Charlie Wick, Assistant Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
The first item an the agenda was approval of minutes of the April 3 and 17, 1990,
meetings. Rob Levine moved to approve the minutes as presented, with a second
• coming from Lynn Fritzlen A vote was taken and the vote passed unanimously 5-0.
At this point in the meeting Merv Lapin was absent.
Item number two was Citizen Participation. There being na Citizen Participation,
the council moved to item number three.
Item number three was an appeal of the Planning and Environmental Commission
decisions regarding the redevelopment of the Red Lion building (Conditional use
permit, Stream setback variance, Site coverage variance, and an Exterior
alteration). Kristan Pritz initiated the discussion by calling the Council's
attention to an April 27, 1990, memo from Community Development in regard to the
appeal of the Red Lion redevelopment approvals and Ordinance No. 16, Series of 1990.
She stated five separate motions eventually would be made to deal with various
considerations before the council. To be considered prior to the reading of
Ordinance 16, 1990, were the following:
1. A site coverage variance to permit a .25 percent increase in this
property's site coverage. This request was approved by a Planning
Commission 6-1 vote. A motion to uphold or overturn this request would be
necessary.
• 2. A stream setback variance to allow a two foot encroachment into the
required thirty foot stream setback. This request was approved by a 6-1
Planning Commission vote. A motion to uphold or overturn this request
would be necessary.
3. A conditional use permit for an outdoor dining deck on the east side of the
Red Lion building. This request was approved by a 7-0 Planning Commission
vote. A motion to uphold or overturn this request would be necessary.
4. An exterior alteration to add enclosed floor area to the Red Lion
building. This request was approved by a 5-2 Planning Commission vote,
with 11 conditions as outlined in the April 17, 1990, memorandum to the
Town Council. The council asked the applicant to agree to a 12th condition
at the May 1st meeting. The 12th condition to be added to this approval
would require the owner to pay an incremental increase in parking fees that
may be established within two years from the time a building permit is
issued for this project. A motion to uphold or overturn this request would
be necessary.
Merv Lapin arrived at 7:55 P.M.
. Kristan further specified that if the Planning Commission's approval of these four
requests were to be upheld by the Town Council, the Council should condition their
approval upon the passage of Ordinance Na. 16, Series of 1990, a modification of a
View Corridor #1. Kristan stated that the PEC recommended approval of the View
Corridor amendment by a vote of 6-1 in favor, with two conditions. She further
stated the Ordinance was approved by a 4-2 Council vote at the first reading in
April, and a motion to approve or deny Ordinance No. 16, Series of 1990, with two
recommended conditions as outlined in the April 17, 1990, memorandum, would be
requested. Kristan advised Council to focus on the appeal of the entire project in
. consideration of each of the variances and the conditional use permit that were
being requested in order to complete the project.
The first area to be discussed was the exterior alteration review criteria.
Included in this was the discussion of the urban design guide plan and urban design
considerations which included the following: a: pedestriazation b: vehicular
penetration c: streetscape framework d: street enclosure e: street edge f:
building height g: views and focal point h: service and delivery is sun/shade j:
architectural and landscape consideration. A11 details were presented as described
in the March 19th, 1990, memorandum from Community Development to the Planning and
Environmental Commission. Information in regard to the Stream setback variance to
allow a two foot encroachment into the required thirty foot stream setback was
discussed next, with reference to the March 19, 1990, memorandum. Review criteria
for each variance and the conditional use permit were presented far Council
consideration.
The third item to be considered was a conditional use permit for an outdoor dining
deck on the east side of the Red Lion building. The fourth item was a site coverage
variance to allow for an entry on the east side of the Red Lion. Kristan explained
that at the PEC's regular meeting, April 9, 1990, approvals were given on those
items. PEC conditions of approval per the April 17th staff memo for the project
. included: 1. As a part of this redevelopment, the applicants agree to point and
repair the brick wall along sridge Street and in the area of the small Plaza to the
northwest corner of the site. Improvements to this Plaza may also include upgrading
existing benches, planters, newspaper box and trash receptacle locations and
landscaping. 2. The streetscape improvements shown along Manson Ranch Road are
considered conceptual and the applicants shall agree to work with the Staff and
Winston & Associates in refining this design relative to the Vail Village
streetscape Plan. This condition shall also apply to the Plaza area referenced in
condition #1 and the landscape improvements proposed adjacent to Mi11 Creek. 3.
All windows located on stucco wall plains shall be recessed a minimum of three
inches. 4. State-of-the-art venting shall be used to reduce negative impact
(smell, smoke, etc.) emanating from the site. 5. The owners/developers of the
residential development on this site shall agree to permanently restrict gross
residential floor area (GRFA), building height and density on this site to what is
permitted by this approval. The Town of Vail shall be a party to this restriction
and the restriction shall be recorded with the Clerk and Recorder's Office in Eagle
County. These restrictions on GRFA density and height must be acceptable to the
Town Attorney as submitted by the owner and approved before recording. 6. Any
trees damaged or killed within two years of the completion of this project shall be
replaced with similar size and type tree. 7. The Red Lion logo shall be retained
as a part of this redevelopment in approximately the same size and location. 8.
The developers/owners will be encouraged to participate in developing solutions to
traffic, loading, and delivery problems in Vail Village. 9. The Rekord (or other
type of window system installed) to the Red Lion Restaurant along Bridge Street,
shall remain totally opened during business hours between June 15 and September 15
of each year. These windows may be opened at any other time during the year at the
discretion of the restaurant management. 10. The applicant shall complete
stream-bank stabilization work on bath sides of Mill Creek over the entire length of
the Red Lion property. The final design and implementation of these improvements
shall be subject to review by the Staff and the Design Review Board. 11. The
owners shall agree to participate in, and not remonstrate against, a Special
Improvement District, if and when one is farmed in the Village. 12. The
owners/developers agree to pay any incremental increase in parking fees that may be
established within two years from the time a building permit is issued for this
project. (This condition was accepted by the applicant's representative, Jay
Peterson, at the previous Town Council evening meeting on April 17, 1990.} 13.
Approval of this exterior alteration, variances, and conditional use are contingent
upon the Council giving final approval to Ordinance No. 16, Series of 1990.
Kristan explained that the PEC also recommended approval of the View Corridor
Ordinance with the following conditions:
. 1. That the photo depicting View Corridor No. 1 be modified to reflect the new
Red Lion Building at a time when the expansion is completed. The
Commission preferred this alternative as opposed to modifying the line that
delineates the View Corridor.
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n
2. That the specific reasons justifying this request be included in the
preamble of the ordinance authorizing this amendment.
At this point in the meeting discussion turned to Item five which was Ordinance No.
16, Series of 1990, second reading, an Ordinance amending Ordinance No. 13, Series
of 1983, in order to modify View Corridor No. 1; and setting forth details in
regard thereto. Mayor Rose read the title in full. Kristan stated the current
remodel falls within the height allowed in the zoning code and that Jeff Winston had
stated that in coming up with the original View Corridors, the consideration was to
preserve the visual connection between the parking structure and the mountain and to
maintain the views of the mountain, the Clocktower, and the Rucksack Tnwer. It was
Jeff Winston's feeling that the line could have been drawn at the Golden Peak House
Ridge and the objective of this corridor would have been met. The proposed Red Lian
Ridge would not diminish any view of Vail Mountain. In regard to the height of the
building, the applicants had provided a cross section of the Village from the
Parking Structure to the Golden Peak House. This was done to demonstrate whether
any other properties would encroach into the View Corridor, if they were redeveloped
within the forty-three foot height limit. Larry Eskwith discussed whether the
nonconforming height of the Golden Peak House was legal and referenced 18.6.090
under the zoning code, restorations. Rlso, Larry pointed out a section on
structures and site improvements and stated that a nonconforming use cannot become
more nonconforming through a remodel. However, the Golden Peak House could be built
back to its existing height so long as the area of the roof that was nonconforming
was not increased in area or height through a remodel. He stated that this decision
regarding the Red Linn would not create a problem.
• Kent Rose stated he believed the amendment to the view corridor did not go against
the intent of the ordinance or the purpose of this specific view corridor. Rob
Levine questioned Item Nn. 4 and the state-of-the-art venting on the roof and
received an explanation about the stacked chimney arrangement. Jay Peterson,
representing the applicants, Frankie and Oscar Tang, presented additional
information from individuals within the community. Jim Morter, acting as architect
for the project and Dan Corcoran, field engineer, spoke on behalf of the project,
with Dan Corcoran stating that as a PEC member at the time view corridors were first
discussed in the Town of Vail, he had discussed the process used in designations,
their history, and their intent. His opinion was that the intent of the view
corridor was being met. Further discussion from the audience included Ella Knox and
Gordon Britton, who spoke out against the granting of these variances, the
conditional use permit and the change or the modification in the view corridor
ordinance. Speaking for the project were Oscar Tang, Diana Donovan and Jack Curtin,
representing Mrs. Cortlandt Hi11.
At this time, Merv Lapin moved to uphold the Planning Commission decision to allow
the exterior alteration based on the staff memorandum dated April 17, 1990, and
incorporating conditions 1 through 13 as previously stated, in his motion, with
amended conditions as follows:
1. Amend condition 5 to say this agreement shall be submitted by the owner and
approved by the Town Attorney before a building permit is released.
2. Amend condition # 8 to state if a central trash area is built in the
Village, the owners would agree to use the trash facility and "will be
encouraged" changed to "will participate in."
3. Conditions # 12 and 13,as previously stated on page 2 of these minutes, are
included.
4. Condition 14 was added to state, "The proposed addition of the enclosed
deck along Bridge Street will have a glass roof and be as transparent as
possible.
This motion was seconded by Peg Osterfoss, a vote was taken, and the motion passed
unanimously, 6-0 in favor.
In regard to the stream setback variance to allow a 2 foot encroachment into the
required 30 foot stream setback, Peggy Osterfoss moved to grant this variance to
uphold the Planning Commission recommendation to approve, based on the fact this was
not granting special privilege, was not detrimental to the health, safety and
welfare of the community, and there were extraordinary circumstances in that the Red
Lion building is already located within the stream tract setback. ,Jim Gibson
seconded this motion. A vote was taken and the motion passed unanimously, 6-0.
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The third item to be considered was the site coverage variance on the east side of
the building. Rob Levine moved to uphold the Planning Commission recommendation
based on the April 17, 1990, memo and based on findings that this did not grant
special privilege, it was not detrimental or injurious to the public, and there were
extraordinary circumstances that would warrant the granting of this motion. Peggy
Osterfoss seconded this motion and the motion passed 5 to 1, with Merv Lapin voting
against that motion.
The last item to be discussed was the conditional use permit for an outdoor patio
to the building in Vail Village. Peggy Osterfoss moved to approve the conditional
use permit, stating all criteria in the staff memo of April 17, 1990, were met.
Merv Lapin seconded this motion. A vote was taken and the motion passed
unanimously, 6-0.
At this time, Merv Lapin moved to place a further condition on each of the variances
and conditional use permit votes that had just been taken, stating that passage of
each of these were conditional on passage of Ordinance 16, 1990. Peggy Osterfoss
seconded this motion. A vote taken and the motion passed unanimously, 6-0.
Item #4 on the Council agenda was Ordinance #16, Series of 1990, a second reading
on the ordinance amending View Corridor #1. Peggy Osterfoss moved to pass this
ordinance on second reading, with Rob Levine seconding that motion. Peggy stated
the intent of the view corridor would be kept intact by modifying View Corridor #i,
and adding, there is a provision in the Ordinance for making minor changes to the
view corridor and that the change was not specifically far this project. A vote was
taken and the motion passed 4-2, with Merv Lapin and Jim Gibson voting against that
motion. The means for amending the ridge line is stipulated in Ordinance No. lfi,
Series of 1990, Section 1.
Given the late hour, a 10-minute break was taken.
The next item on the agenda was Ordinance #17, Series of 1990, first reading, an
ordinance repealing and reenacting Ordinance #32, Series of 1987, to provide changes
to Special Development District #16, that concern a reduction of the number of units
permitted, adjusting the gross residential floor area per unit, employee dwelling
units and architectural guidelines, and setting forth details in regard thereto.
Mayor Rose read the title in full. Mike Mollica handled the presentation on behalf
of the staff. Me stated the Planning Commission on April 9, 1990, had unanimously
recommended approval of the amendment to SDD #16 and had unanimously approved the
preliminary plan for the Elk Meadows Subdivision. Both were approved by vote 6-0.
The applicant's requests were as follows:
1. The current proposal is for a subdivision of the 3.6 acre parcel into five
building sites for envelopes. The envelopes would range in size from 3,397
square feet to 6,141 square feet and each envelope would be allowed one
single family dwelling plus one employee restricted rental unit as defined
in Section V,B,2 of the April 9th memo from Community Development Planning
. Commission. The remainder of the site would consist of 25,700 square feet
for roadway and parking and 2.5 acres to be dedicated as open space.
2. The total gross residential floor area (GRFA) designated for Phase III in
The Valley is 16,000 square feet. This would allow each dwelling unit
within the project a maximum of 3200 square feet of GRFA.
3. Access to Lots 1 through 4 would be via a private 22 foot wide common
access drive off of Lion's Ridge Loop Road. This road is currently roughed
in place. Access to lot 5 would be from an individual driveway cut from
Lion's Ridge Loop Road. The individual driveway cut would minimize the
amount of asphalt paving in the open meadow.
Mike went on to discuss the background for this particular project as well as an
evaluation of the criteria for a major subdivision. He discussed Special
Development District review criteria and included the following items:
a. Reasons for an SDD zoning.
b. Design standards which include:
• 1. Design compatibility and sensitivity to the immediate environment,
neighborhood and adjacent properties relative to architectural design
scale, building heights, buffer zones, identity, character, visual
integrity, and orientation.
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2. Uses, activity, and density, which provide a compatible, efficient,
and workable relationship with surrounding uses and activity.
3. Compliance with parking and loading requirements as outlined in
Chapter 18.52.
4. Conformity with applicable elements of the Vail Comprehensive Plan
Town Policies and Urban Design Plans. Specifically, he stated the
Land Use Plan identifies this parcel as one which is suitable for
medium density residential uses, allowing from 3 to 14 dwelling units
per buildable acre.
5. Identification and mitigation of natural and/or geologic hazards that
affect the property on which this Special Development District is
proposed, further stating that the site is located within a high
severity rock fall zone and specifying the mitigation methods to be
used.
6. Site plan, building design and location, and open space provisions
designed to produce a functional development, responsive and sensitive
to natural features, vegetation and overall aesthetic quality of the
community.
7. R circulation system designed for both vehicles and pedestrians
addressing on and off site traffic circulation.
• 8. Functional and aesthetic landscaping and open space in order to
optimize and preserve natural features, recreation, views, and
functions.
9. Phasing plan or subdivision plan that will maintain a workable,
functional and efficient relationship throughout the development of
the Special Development District.
He next compared the proposed SDD to underlying residential cluster zone districts
and went on to state that the staff recommendation was for approval of the
preliminary plan of a major subdivision and the revisions to SDD #16 for Elk
Meadows. The staff recommendation for approval of this preliminary plan for the
major subdivision includes the following conditions:
1. The development of each building envelope will comply with the rockfall
mitigation reports prepared by Nicholas Lampires, project geologist and
Donald G. Pettygrove, P.E., project manager with Banner Associates, Inc.
Such reports are dated February 23, 1987, February 25, 1987, June 12, 1987,
June 15, 1987, July 22, 1987, and March 12, 1990, and will be kept an file
in the Town's Community Development Offices. Each individual lot owner
will be responsible for completing the hazard mitigation for their lot per
the above-named reports. This restriction shall be Hated on the final
plat.
2. The staff recommendation for approval of the major amendment to SDD #16
included the following conditions:
a. That approval of this major amendment to SDD #16 be contingent upon
PEC approval of the final plat for the subdivision, and
b. That the developer construct a minimum of one (1) employee dwelling
unit and that said employee dwelling unit be a part of either the
first or second building permit for the project. All employee
dwelling units shall meet the criteria listed in Sections V,B,2 of
this memo. Na portion of the building may overlap the building
envelope.
Mike further stated prior to the recordation of the final plat, a written agreement
between the Town and the subdivider will be required in order to guarantee the
construction and maintenance of the proposed improvements. This agreement shall be
in accordance with Section 17.16.250 of the Town Subdivision Regulations, and
following discussion it was decided a letter of credit would suffice. It was also
. noted that in respect to SDD approvals the applicant must begin construction of the
Special Development District within three (3} years from the time of the project's
final approval, according to Section 18.40.120 of the Town of Vail Zoning Code.
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. ~ .
At this time, Rob Levine moved to approve Ordinance #17, Series of 1990, and Lynn
Fritzlen seconded that motion. A vote was taken and the vote was 5-0 in favor of
this motion. At this point, Merv Lapin had stepped out of the room.
There being no further business, this meeting was adjourned at 12:10 a.m.
Respectfully submitted,
~~
Kent R: Rose, Mayor ~
ATTEST:
Pamela A. Brandmeyer, Town Clerk
Minutes taken by Pam Brandmeyer
--6-
MINUTES
VAIL TOWN COUNCIL MEETING
MAY 15, 1990
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, May 15, 1990, at
7:30 p.m., in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
MEMBERS ABSENT:
Tom Steinberg, Mayor Pro-Tem
Lynn Fritzlen
Jim Gibson
Merv Lapin
Robert Levine
Peggy Osterfoss
Kent Rose, Mayor
TOWN OFFTCTALS PRESENT: Ron Phillips, Town Manager
Charles Wick, Assistant Town Manager
The first item on the agenda was Citizen Participation. No one addressed the
Council.
• Mayor Pro-Tem Tom Steinberg announced that items #5 and #6 on the agenda would be
rescheduled to another meeting, as the leases were not ready for review by Council.
The next item on the agenda was the second reading of Ordinance #17, Series of 1990,
an ordinance repealing and reenacting Ordinance No. 32, Series of 1987, to provide
changes to Special Development District No. 15 relating to Elk Meadows. Brad
Tjossem, representing Elk Meadows, was in attendance far this discussion. Mike
Mollica from the Community Development Department presented the ordinance to the
Council, stating that the only change to the ordinance from first reading was on
Page 5, Item 11, which was highlighted in bold type in the ordinance. Peggy
Osterfoss asked if the ordinance required the employee housing unit to be built in
Phase I of the project. Mike Mollica stated that it did not, as it would require
the applicant to redesign the home that had already met approvals and this gave the
applicant more flexibility. Peg Osterfoss stated that she would be more comfortable
with the ordinance if the employee housing issue was required in Phase I. Tom
Steinberg asked what the PEC vote was for the project and Kristan Pritz stated that
she believed it was a unanimous vote, but that she was not positive. Merv Lapin
asked the applicant if he was committed to the log cabin design of the project,
stating that there were no other log cabins in the area. The applicant stated that
the project had received conceptual DRB approval as presented. After some further
discussion, Lynn Fritzlen made a motion to approve Ordinance #17, Series of 1990, on
second reading. Jim Gibson seconded the motion. The motion passed
unanimously.
The next item on the agenda was the reading of Resolution No. 12, Series of 1990, a
resolution authorizing execution of transfer of funds agreement to Central Bank.
Steve Thompson presented the resolution to the Council, stating the main purpose of
the resolution was for added security and internal controls. After some discussion,
Merv Lapin made a motion to approve Resolution #12, Series of 1990, and Peg
Osterfoss seconded the motion. A vote was taken and the resolution passed
unanimously.
The next item on the agenda was the consideration of a purchase contract far West
Vail property - Lots 1-4, Block H, Vail dos Shone, Filing No. 2. Mayor Pro-Tem Tom
Steinberg stated there would be no discussion on this item until the June 5th
meeting. He also stated that the lease for the Old Post Office space and the lease
for Verbatim Booksellers far Vail Village Inn Space would be discussed at the June
5th meeting as well. Tom Steinberg stated that if the Council was considering
selling this space, this would be a good time to look into it, with the high bids on
the parking structure becoming a concern far the Town. Rob Levine and Peg Osterfoss
stated their objection to selling and their desire to proceed with the lease. Lynn
Fritzlen stated that if the Council was considering selling the space, now would be
the opportune time, as the market was on the rise.
The next item on the agenda was the appointment of two Liquor Authority board
members. A vote was taken and Mitzi Thomas was appointed on first vote. Three
} ,' t7
additional votes were taken to determine the second appointment. As there was not a
majority vote for any candidate after three votes, the Council elected to postpone
the vote for the second position until Mayor Kent Rose returned at the June 5th
meeting. It was decided to advertise again for additional applicants between now
and the meeting of June 5th. Merv Lapin made a motion to approve the appointment of
Mitzi Thomas to the Liquor Ruthority Board for a two-year term expiring in June of
1992. Jim Gibson seconded the motion. A vote was taken and the motion passed
unanimously.
Merv Lapin asked if there was anything new on the Work Session follow-up list. Ron
Phillips stated that all changes and additions had been made to the list.
Tarn Steinberg asked if there was anything further on the West Vail annexation or was
it definitely out. Ron Phillips stated that there was nothing that would be
happening soon, but that a name had been mentioned to him of someone who might be
interested in circulating petitions. Lynn Fritzlen stated that she had given him
the name of Cindy Callicrate, a new resident of Intermountain, who might be
interested in helping.
There being no further business, the meeting was adjourned at 8:05 p.m.
Respectfully submitted,
~ ~ ~~
Kent R~. Rose, Mayor
ATTEST;
Pamela A. Brandmeyer, Town G1erk
Minutes taken. by Mary Caster
•
i
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i ~i: ~ ~ ~
MINUTES
VAIL TOWN COUNCIL MEETING
JUNE 5, 1980
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, June 5, 1990, at
7:30 p.m., in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
Kent Rose, Mayor
Tam Steinberg, Mayor Pro Tem
Lynn Fritzlen
Jim Gibson
Robert Levine
Peggy Osterfoss
MEMBERS ABSENT:
TOWN OFFICIALS PRESENT:
Merv Lapin
Ron Phillips, Town Manager
Larry Eskwith, Town Rttorney
Pam Brandmeyer, Town Clerk
The first item on the agenda was approval of minutes of the May 1 and 15, 1990,
meetings. Peggy Osterfass moved to approve the minutes as presented, with a second
. coming from Jim Gibson. A vote was taken and the vote passed unanimously 6-0.
There was no Citizen Participation.
Item number three was Resolution No. 13, Series of 1990, thanking and acknowledging
Herb and Nicole Wertheim far their charitable contribution far the Vail Cultural
Arts Center. After a short discussion by Council, Tom Steinberg made a motion to
approve the resolution, which was seconded by Peggy Osterfoss. A vote was taken and
the motion passed unanimously 6-0.
Resolution No. 14, Series of 1990, a resolution setting forth the intention of the
Town Council to make certain land available for the development and construction of
a Vail Cultural Arts Center, was next. Ran Phillips stated that also at the meeting
last week, the possibility of Council to make its intent to provide land for the
arts center was discussed, and the resolution reflects this intent and lists four
general conditions. After a short discussion regarding a wording change in
condition C, Rob Levine made a motion to approve the resolution. Tam Steinberg
seconded the motion. A vote was taken and the motion passed unanimously 6-0.
Fifth on the agenda was action on contracts for Vail dos Schone land sale. Ron
Phillips commented the contracts were written up from discussions with Byron Brown
and Larry, and the terms were the same as discussed with Council previously. He
then reviewed some of the terms. He stated the lots are in Vail dos Schone, Lots
1-4, Block H, Filing 2, and gave a local description of the land. Mayor Rose noted
the eventual use was not determined yet, but there was the possibility of using it
for recreation or open space, or for employee housing. Ron stated at this time, the
land would be bought with real estate transfer tax funds, but if the land was used
for employee housing, the capital fund would repay the real estate transfer tax fund
for that portion of the land. There was some discussion by Byron Brown regarding
the proposed payment schedule. There was then some discussion by Larry Eskwith
regarding deeds of trust, the promissory note, and partial releases. Peggy
Osterfoss then made a motion to approve both contracts and proceed with the purchase
of all four lots, which Tom Steinberg seconded. A vote was taken and the motion
passed unanimously 6-0.
An appointment to the Local Liquor Licensing Authority Board was next. Pam
Brandmeyer asked Council to appoint one member to the Board; the three applicants
were Mike Mathias, John Milligan, and Tim Savage. She remarked that even though she
had been advertising for the opening, no one else had applied. A secret ballot was
taken by Council, and the highest vote was for John Milligan. Rob Levine made a
motion to appoint John Milligan to a two year term on the Local Liquor Licensing
Authority Board, and Peggy Osterfoss seconded. A vote was taken and the motion
passed unanimously 6-O.
~~ r
At this time, Ran Phillips noted he had received a resolution and letter from the
County Commissioners regarding their support to the Town of Vail in the Tennenbaum
land exchange.
Next on the agenda was a presentation of the 1989 audited financial statements.
. Jerry McMahan, of McMahan and Armstrong, was not present yet, so Council decided
take a fifteen minute recess until his arrival.
Once the meeting reconvened, Charlie Wick expressed a few comments regarding the
audit document. Steve Thompson commented on the management letter, the final
billing coming to $18,600, and explained why. He noted he suggested the budget from
now on be $20,000. Steve Thompson then reviewed the financial statement document
and answered questions of Council. Jerry McMahan arrived. Me gave his opinion of
the audit, and he and Steve discussed parts of the report and answered questions.
There being no further business, this meeting was adjourned at 8:40 p.m.
Respectfully submitted,
J J ~~J
~ts~~
Kent Rose, Mayol° ~
ATTEST:
r---
Pamela A. Brandmeyer, Town Clerk
Minutes taken by Brenda Chesman
LJ
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MINUTES
VAIL TOWN COUNCIL MEETING
JUNE 19, 1990
7:30 P.M.
A regular meeting of the Uail Town Council was held on Tuesday, June 19, 1990, at
7:30 p.m., in the Council Ghambers of the Vail Municipal Building.
MEMBERS PRESENT:
Kent Rose, Mayor
Tom Steinberg, Mayor Pro-Tem
Lynn Fritzlen
Merv Lapin
Robert Levine
Peggy Osterfoss
MEMBERS ABSENT:
TOWN OFFICIALS PRESENT:
Jim Gibson
Ron Phillips, Tawn Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Glerk
Ten year employment anniversary awards to Pam Brandmeyer, Jan Choti, and Betsy
Raso1ack was first on the agenda. Ron Phillips gave background information on Jan,
. a Bus Supervisor in the Transportation Department, Betsy, a Planning Technician for
Community Development, and Pam, the Town Clerk. Jan was not able to be present at
the meeting, but Ron awarded Pam and Betsy with Town of Vail silver belt buckles.
Mayor Rose thanked t~h.~m for their long years of service, and stated the Council
appreciated their hard 'work.
Under Citizen Participation, Josef Staufer had a question for Kristan Pritz, to
which she responded. There was no other discussion.
Third on the agenda was Ordinance No. 18, Series of 1990, first reading, an
ordinance amending Section 18.12 of the Municipal Code to provide for bed and
breakfast operations. Mayor Rose read the full title of the ordinance. Betsy
Rosolack gave brief background information on the ordinance, stating it was a
housekeeping ordinance only. There was no further discussion by Council or the
public. Merv Lapin made a motion to approve the ordinance, which Tom Steinberg
seconded. A vote was taken and the motion passed unanimously 6-0.
Next was Ordinance No. 21, Series of 1990, first reading, an ordinance designating
an underlying zone district of high density multi-family to Special Development
District No. 7, commonly referred to as the Marriott Mark Resort. The full title
was read by Mayor Rose. Kristan Pritz detailed the background of the request and
explained why the applicant was requesting the high density multi-family {HDMF}
zoning for SDD No. 7. She reviewed the criteria used in evaluating the request,
Shawn in the staff memorandum dated June 11, 1990. She noted the request met all
the criteria, and explained why staff recommended approval. Kristan also remarked
staff had recommended approval be conditional upon the 5DD amendment being approved,
but the PEC removed this condition of approval. She then reviewed the request for
major amendments to the SDD to add 5b timeshare units and ten employee housing
units, and summarized the proposal, itemizing as shown in the staff memorandum dated
June 11, 1990. Kristan reviewed the criteria: uses, density, design compatibility,
employee housing, parking and loading requirements, the Land Use Plan goals relevant
to the property, on-and off-site traffic circulation, and landscaping. She stated
staff recommended approval and explained why. She then referred to the staff
memorandum dated June 19, 1990 summary of PEC action listing the 16 conditions for
approval. Kristan also noted Council had received many letters regarding the
proposal, both pro and con. Mayor Rose remarked this was a good overview of the
entire project, but the Council was dealing with two separate ordinances: 1) the
underlying zone district, and 2) amendment to the SDD; and he wanted to deal with
each separately. Larry Eskwith commented on the property situation. After a short
discussion by Council, Merv Lapin made a motion to approve Ordinance No. 21 on first
reading, and Lynn Fritzlen seconded the motion. There was some discussion by
Gouncil, Kristan, Larry, and Jay Peterson representing the applicant, regarding the
previous zoning and what the underlying zone district would mean as far as any
future changes. There was also discussion of the previous SDD ordinance and
problems in dealing with it. A vote was then taken and the motion passed 5-1, with
Peggy Osterfoss opposing.
The fifth item was Ordinance No. 22, Series of 1990, first reading, an ordinance
amending SDD No. 7, commonly referred to as the Marriott Mark Resort, and the
development plan in accordance with Chapter 18.40 of the Municipal Cade, Mayor Rose
read the full title. Kristan Pritz stated she had a1 ready given her full
presentation. Therefore, Peter Jamar, a land planner representing the applicant,
explained haw the applicant's request arrived at this proposed plan and the process
they went through to get to this point. There was then much discussion by the
Council, Peter, and Jay regarding timeshare units, the frequency of use, and
different uses. Kristan explained the criteria for timeshare under the conditional
use review. After much more discussion, Brad Quayle, Harry Frampton, Larry
Lichliter representing Vail Associates, Bob Lazier, Tom Banner, and Dalton Williams
{speaking as a Planning and Environmental Commission member) all stated they were in
support of the proposed project. Cindy Jacobson was opposed to the project. At
this time, Councilmembers stated their positions. Rob Levine commented he was
concerned about growth, but this was a good project, the Marriott was a good
neighbor, and the Lionshead Mall area needed the activity this would ultimately
bring. Merv Lapin was opposed, stating the Town could not-keep up with Vail
Associates' growth and the growth to the west of town; also, he could not support
the request for a 50 percent increase over allowable GRFA, twice the number of
dwelling units allowed, and the increased density. Peggy Osterfoss felt the area
could handle the added density, the Town needed more rental units, the request falls
within the SDD criteria, and the local economy would benefit from local
accommodations. She added she felt Council was looking at the maximum, and would
there be any problems having a deed restriction to prohibit any further GRFA
requests. Jay Peterson replied the applicant had no problem with including that
condition. Mayor Rose felt different infrastructure was affected in different ways,
. and the Land Use Plan was a good document and has worked well over the years in
directing where developments could occur. Tam Steinberg remarked he liked the new
building and parking situation, but felt the density was too much. Lynn Fritzlen
stated she thought if this property was upzoned, then Council would have to look at
upzoning the surrounding area, and she did not agree with spot upzoning. Jay
Peterson commented since it looked like the Council was in gridlock {3 for, 3
against), he wanted to request the the ordinance be tabled until a later date. He
added he would like the opportunity to work an the problems the Council had with the
proposal. Diana Donovan, as Chairman of the PEC, said the proposal had gone through
the process, had the PEC's support except for one person, had the neighbors'
support, and the staff's support, and she did not want to work this hard if she did
not know the ground rules. Jim Shearer, of the PEC, agreed with Diana, and
questioned just what the Land Use Plan did, and that if it did not address the
Council's concerns, then it needed to be reviewed. Rob Levine made a motion to
table the Ordinance until the July 3 Evening Meeting, which Peggy Osterfoss
seconded. A vote was taken and the motion passed unanimously 6-0.
Ordinance No. 20, Series of 1990, first reading, an ordinance amending Ordinance Na.
10, Series of 1990, Special Development District No. 4, Section 18.46.100 C, Density
Floor Area, Area C Glen Lyan duplex lots to provide for gross residential floor area
to be calculated per the requirement of the primary/secondary zone district Section
18.13.080 Density Control was next on the agenda. Mayor Rose read the full title.
Kristan Pritz stated this item had been postponed from tonight's meeting to the July
3 Evening Meeting.
Next was Resolution No. lb, Series of 1990, regarding the Town's intention to issue
multi-family housing revenue bonds for Professional Development Corporation. Lynn
Fritzlen commented she had a potential conflict of interest, so she abstained from
voting. Ron Phillips remarked this had been discussed previously by Council, and
Charlie Wick answered questions of Council. After some discussion, Tom Steinberg
made a motion to approve the resolution, which Merv Lapin seconded. Rob Levine
stepped out of the room far a moment at this point. There was agreement among
Council to amend Section 2a stating that should the bonds in fact be issued, the
prospectus shall clearly indicate in bold face type that the Town of Vail shall have
no obligation whatsoever for the payment of the bonds. Tom Steinberg amended his
motion. A vote was taken and the motion passed 4-0, with Lynn Fritzlen abstaining
and Rob Levine absent.
The eighth item was an appeal of a planning and Environmental Commission decision to
support staff position to deny Mr. Todger Anderson`s request to allow the
construction of two additional masonry fireplaces with type A vents for installation
of two Peterson gas log fireplaces. Susan Scanlan gave background information on
the request, including the PEG vote of 5-0 in favor of the staff decision to deny
- the request. Sid Schultz, representing Mr. Anderson, gave reasons why he thought
the request should be approved and the PEC decision overturned. There was then some
discussion by Kristan and Larry regarding staff's interpretation of the ordinance
-2-
and Council's options. They stated there was no variance of the ordinance allowed,
so Council had to uphold the PEC decision or change the ordinance. After more
discussion, Todger Anderson addressed differences between gas lag fireplaces and gas
appliance fireplaces. Rob Levine made a motion to uphold the PEC decision, which
Tom Steinberg seconded. A vote was taken and the motion passed unanimously 6-0.
Action on the Uail Resort Association lease agreement was next. Larry Eskwith
briefly gave background information on the agreement and stated it was a one year
lease for the a1d Post Office building. After a short discussion by Council, Lynn
Fritzlen made a motion to approve the agreement, and Rob LeUine seconded the
motion. A vote was taken and the motion passed unanimously 6-0.
Last on the agenda was action on the Uail Resort Association information booth and
special events contract. Larry Eskwith noted the contract was almost identical as
the agreement the Town had with the Chamber of Commerce before, and gave specifics.
He also noted the agreement included $30,000 to pay for a special events person for
the URA. Rob LeUine mentioned a typographical error in Section 3A to be corrected.
Rob LeUine made a motion to approve the contract with the noted correction, which
Lynn Fritzlen seconded. Larry Eskwith said Steve Barwick would complete the blanks
in the contract. A vote was taken and the motion passed unanimously 6-0.
There being no further business, the meeting was adjourned at 11:45 p.m.
Respectfully submitted,
G~'~`
Kent R`. Rose, Mayo i
ATTEST;
r' -'
~~ ~. ~
Pamela A. Brandmeyer, To~erk
Minutes taken by Brenda Chesman
-3-
t
MINUTES
VATL TOWN COUNCIL MEETING
JULY 3, 1990
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, July 3, 1990, at
7:30 p.m., in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
Kent Rose, Mayor
Tom Steinberg, Mayor Pro Tem
Lynn Fritzlen
Merv Lapin
Robert Levine
Peggy Osterfoss
MEMBERS ABSENT:
TOWN OFFICIALS PRESENT:
Jim Gibson
Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Tawn Clerk
The first item on the agenda was Citizen Participation. James Johnson discussed the
present outlying bus schedule and reviewed a proposed new schedule he developed.
Mayor Rose stated Council appreciated the time and effort James had spent on this
item, and it had been discussed at the Work Session that afternoon. He added that
the proposed schedule may not be feasible because of the Town's budget, but staff
would look into changes and be ready to discuss with Council next week.
Next was a Consent Agenda of the following items:
A. Approval of Minutes of the June 5 and 19, 1990 Meetings
B. Ordinance No. 18, Series of 1990, second reading, an ordinance amending
Section 18.12 of the Vail Municipal Code to provide for bed and breakfast
operations under certain provisions and circumstances and setting forth
details in regard thereto. (Applicant: Town of Vail)
C. Tabling to July 17 Evening Meeting of Ordinance Na. 21, Series of 1990,
second reading, an ordinance designating an underlying zone district of
high density multi-family to Special Development District No. 7, commonly
referred to as the Marriott Mark Resort; and setting forth details in
regard thereto.
D. Tabling to July 17 Evening Meeting of Ordinance No. Z2, Series of 1990,
first reading, an ordinance amending Special Development District No. 7,
commonly referred to as the Marriott Mark Resort, and the development plan
in accordance with Chapter 18.40 of the Vail Municipal Code; and setting
forth details in regard thereto.
E. Tabling to July 17 Evening Meeting of an appeal of a Planning and
Environmental Commission decision regarding the PEC's denial of a request
for a height variance for an addition to Condominium Unit E-6, Lot P, Block
5D, Vail Village 1st Filing (141 East Meadow Drive - Crossroads
Condominiums) (Applicant: Sid Schultz for H. William Smith}
F. Resolution Nn. 16, Series of 1990, a resolution authorizing the acquisition
by the Tnwn of Vail, Colorado (the "Town") of certain real property located
in the Town from Robert W. Glake and Fern F. Glake ("Seller") for a
purchase price of $109,000; such real property to be devoted to public
purposes; authorizing the issuance by the Town of its promissory note in
the amount of $87,200 payable in three annual installments, and secured by
a deed of trust upon the subject real property; and prescribing other
details in connection with such acquisition and purchase.
G. Resolution Na. 17, Series of 1990, a resolution authorizing the acquisition
by the Town of Vail, Colorado {the "Town"} of certain real property located
in the Town from Dixon Keyser and Lucille Keyser ("Seller") for a purchase
price of $109,000; such real property to be devoted to public purposes;
authorizing the issuance by the Town of its promissory note in the amount
of $87,200 payable in three annual installments, and secured by a deed of
trust upon the subject real property; and prescribing other details in
connection with such acquisition and purchase.
Mayor Rose read the full titles of all items. After a short discussion, Merv Lapin
• made a motion to approve the consent agenda as presented. Tam Steinberg seconded
the motion. A vote was taken and the motion passed unanimously 6-0.
Third on the agenda was Ordinance No. 20, Series of 1990, first reading, an
ordinance amending Ordinance No. 10, Series of 1990, Special Development District
No. 4, Section 18.46.100 C, Density Floor Area, Area G Glen Lyon duplex lots to
provide for gross residential floor area to be calculated per the requirement of the
primary/secondary zone district Section 18.13.080 Density Control; and setting forth
details in regard thereto. (Applicant: 75% of Glen Lyon subdivision property
owners) The full title was read by Mayor Rose. Shelly Mello explained the
amendment and exactly what the changes would do. She reviewed the SDD criteria and
development standards used in evaluating the request, noting the Planning and
Environmental Commission approved the request by a vote of 4-1, with Diana Donovan
opposing. Shelly and Kristen Pritz then answered questions of Council. Andy Norris
gave some background information to help c1 ear up same misunderstanding of reasons
for the changes. Tom Steinberg then made a motion to approve the ordinance on first
reading, which Peggy Osterfoss seconded. A vote was taken and the motion passed
unanimously 6-0.
Next was Ordinance No. 23, Series of 1990, first reading, an ordinance amending
Section 18.26.040 of the Municipal Code of the Town of Vail to include as a
conditional use "Television Stations" in the Commercial Core II zone district and
setting forth the details in regard thereto. (Applicant: Vail/Beaver Creek
Television Network) Mayor Rose read the full title. Mike Mo1lica gave background
information and reviewed the zoning criteria used in evaluating the request to add
"TV stations" as a first floor level, conditional use in the Commercial Core Ii zone
district. Mike noted staff recommended denial because the request was not
consistent with the review criteria and was inappropriate for first floor level
space. He reviewed the Planning and Environmental Commission's vote of 4-2 for
denial, with Chuck Christ and Dalton 4~illiams opposing. Mike also referred to the
staff memo dated July 3, 1990 showing PEC members' comments. Bill Perkins,
representing the Vail/Beaver Creek Television Network, gave reasons why he felt the
request for conditional use should be approved. After much more discussion, Merv
Lapin made a motion to approve the ordinance on first reading. Seconding the motion
was Peggy Osterfoss. Lynn Fritzlen suggested two additional items be included in
the criteria for conditional use: 1) a studio or production room be visible from
the street, and 2) only cable casting with no broadcast antennas being permitted.
Merv amended his motion to include the additional criteria. A vote was taken and
the motion passed unanimously 6-O.
Fifth on the agenda was Ordinance No. 25, Series of 1990, first reading, an
ordinance amending Special Development District No. 23, the Vail National Bank
Building, and setting forth the details in regard thereto. (Applicant: Vail
National Bank Building Corp.) Mayor Rose read the full title of the ordinance.
Mike Mollica mentioned the Vail National Bank had been before Council a few months
earlier to request an amendment to SDD No. 23. The request now was almost identical
in that it included the enclosure of two third floor decks. Mike gave brief
background information, noting the problems with the prior request, and how the
request has changed. He then detailed the SDD criteria used in the evaluation,
adding staff recommended approval of the request, with two conditions:
1. The Town of Vail will not issue a temporary certificate of occupancy to the
Vail National Bank (for the enclosure of the two balconies), until such time as the
Medical Center receives a temporary certificate of occupancy for the parking
structure.
2. If for some unforeseen reason the Medical Center's parking structure is not
completed, the newly constructed deck enclosure shall only be allowed to be used far
common storage. The owner shall be required to submit a written agreement
addressing this condition on the use of the space far the Town Attorney's review,
and this shall be recorded on the land records at the Eagle County Clerk and
Recorder's Office.
Mike reported the Planning and Environmental Commission voted 6-0 for a
recommendation of approval. At this time, Rob Levine made a motion to approve the
ordinance on first reading, with the conditions as recommended in the staff memo
dated June 25, 1990. Merv Lapin seconded the motion. Rfter some discussion, Tom
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Steinberg explained why he would have to vote against the request. Jay Peterson,
representing the applicant, responded to Tom`s concerns.
There was discussion by Gouncil to add language in the "Whereas" section to indicate
this was a special circumstance to solve intricate parking problems. Rob amended
his motion to include the added language, and Merv amended his second. A vote was
taken and the motion passed 4-2, with Tom Steinberg and Lynn Fritzlen opposing.
Sixth on the agenda was Ordinance No. 26, Series of 1990, an emergency ordinance for
the purpose of allowing parking as a temporary permitted use in an area south of the
Vista Bahn terminal from Vail Road to Chair 12, and setting forth details in regard
thereto. The full title of the ordinance was read by Mayor Rase. Ran Phillips
commented the ordinance was written to alleviate the temporary parking problem, and
was discussed with Vail Rssociates (owner of the property), the Forest Service, and
surrounding business owners - all approved. Ron then reviewed drawings of the
property where the proposed parking would take place. We added the Planning and
Environmental Commission, at the Council Work Session today, was informed of the
plan, and there were no objections voiced. There was some discussion that it would
be a good idea to notify the property owners around Mill Creek Circle by letter of
the plan. A motion to approve the ordinance as an emergency ordinance was made by
Tom Steinberg and seconded by Peggy Osterfoss. A vote was taken and the motion
passed unanimously 6-0.
There being no further business, this meeting was adjourned at 9:40 p.m.
Respectfully submitted,
Kent Rose, Mayo'h ~
ATTEST:
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Pamela A. $randmeyer, Town Clerk
Minutes taken by Brenda Chesman
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MINUTES
VAIL TOWN COUNCIL MEETING
JEILY 17, 1990
7:30 P.M.
A regular meeting of the Vail Tnwn Council was held on Tuesday, July 17, 1990, at
7:30 p.m., in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
Kent Rose, Mayor
Tam Steinberg, Mayor Pro-Tem
Lynn Fritzlen
Jim Gibson
Merv Lapin
Robert Levine
Peggy Osterfoss
MEMBERS ABSENT:
TOWN OFFICIALS PRESENT:
None
Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
The first item was a ten year employment anniversary award to Linda Barca. Ron
• Phillips gave brief background information on Linda who is a Bus Driver with the
Public Works/Transportation department. Skip Gordon made same additional comments,
and Mayor Rose thanked Linda for her hard work and her years of service.
The next order of business was Citizen Participation. There being none, Council
moved on to the third item of business.
Item three on the agenda was a Consent Agenda. Based on Council request, Mayor Rose
stated all items would be handled separately. Item A was Ordinance No. 20, Series
of 1990, second reading, an ordinance amending Ordinance No. 10, Series of 1990,
Special Development District No. 4, Section 18.46.100 G, Density Floor Area, Area C
Glen Lyon duplex lots to provide for gross residential floor area to be calculated
per the requirement of the primary/secondary zone district Section 18.13.080 Density
Control; and setting forth details in regard thereto (Applicant: 75% of Glen Lyon
subdivision property owners). The title was read in full by Mayor Rose. Kristan
Pritz and Shelly Mello made a brief presentation. Jim Gibson stated concerns
regarding additional GRFA requests, with Shelly responding that this change was in
total conformity with current zoning and lnt size. Shelly Mello stated there had
been no specific reason for the 4,200 square foot restriction on GRFA in regards to
negotiation issue, and that the developer had voluntarily agreed to this provision
in order to ensure the quality of the subdivision. Tom Steinberg moved to approve
. this ordinance on second reading, with a second coming from Merv Lapin. A vote was
taken and the motion passed unanimously 7-0.
Item B under the Consent Agenda was Ordinance No. 23, Series of 1990, second
reading, an ordinance amending Section 18.26.040 of the Municipal Code to include as
a conditional use "Television Stations" in the Commercial Core II zone district
{Applicant: Vail/Beaver Creek Television Network). The full title was read by
Mayor Rose. Mike Mollica stated there had been one change only, and that was to
"Section I. Definition of TV Stations." Bi11 Perkins, representing the applicant,
stated he did have a question in regard to the term "satellite dish," and further
questions on the two foot diameter requirement and exemptions. Further discussion
prompted deleting the verbiage for satellite dishes from the end of Section I.
Peggy Osterfoss also requested clarification of the production studio and what views
would be available to the public. Bill Perkins stated the public would be able to
view inside the production equipment with seating provided within the studio, and
another studio for taping interviews would be on the walkway immediately to the
exterior of that studio space. Rob Lelline moved to pass Ordinance No. 23 on second
reading, with a second coming from Tom Steinberg. A vote was taken and the motion
passed unanimously 7-0. Mike Cacioppo spoke against the approval of this ordinance
indicating that he had a serious problem with the location of television studios on
the first floor level, in that this has previously been reserved for restaurant or
retail space and should be the continued use in Commercial Gore I and iI, and that
if the Council were to approve this ordinance, it would "smack of special privilege
and election payoffs."
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item C under the Consent Agenda was Ordinance No. 25, Series of 1990, second
reading, an ordinance amending SDD No. 23, !fail National Bank, Part of Lot D, Block
2, Vail Village 2nd Filing, 10$ South Frontage Road West (Applicant: Vail National
Bank Building Carp.). Mayor Rose read the title of the ordinance in full. Mike
Mollica indicated numerous changes to the "Whereas" section at the beginning of the
ordinance had been included based on a request by Merv Lapin. These changes were to
acknowledge the singular and unique situation in which the Bank finds itself. Jim
Gibson had questions in regard to future use of this parking facility and the
right-of-reverter clause. Specifically, he asked whether the reverter clause had
been lifted, stating the reverter clause was of same issue because if in the future
the medical facility were not located on this site or if the structure were
destroyed and not to be rebuilt, Vail Associates could once again obtain exclusive
use of this portion of land which would then negate any parking arrangement the Vail
National Bank Building had with the Medical Center. Larry Lichliter with Vail
Associates acknowledged the reverter clause situation and stated the clause had not
been lifted. However, the situation was one with which they had dealt. Following
discussion, Rob Levine moved to approve Ordinance Na. 25, with a second coming from
Kent Rose. At this point, Jay Peterson asked to table this ordinance in order to
clarify the reverter clause question. Rob Levine withdrew his motion, and Kent Rose
his second. Peggy Osterfoss then moved to table this Ordinance No. 25 to the August
7 meeting, with a second coming from Jim Gibson. A vote was taken and the motion
passed 5-2, with Tom Steinberg and Merv Lapin opposing.
The fourth item of business was Ordinance No. 21, Series of 1990, second reading, an
ordinance designating an underlying zone district of high density multi-family to
Special Development District No. 7, commonly referred to as the Marriott Mark
Resort; and setting forth details in regard thereto (714 West Lionshead Circle,
Lots 4, 7, G, D, Block 2, Vail-Lionshead 3rd Filing) {Applicant: M-K Corporation,
Mark Lodge Condominiums, and Mark Resort & Tennis Club). Mayor Rose read the full
title. Kristan Pritz presented a brief history relating to the application of HDMF
zoning to the Special Development District. Because this item had been presented in
its entirety at the June 19 evening meeting, Kristan focused on changes that had
occurred since that meeting. The GRFA had been reduced to 58,800 square feet, which
was a reflection of 56 timesharing units at approximately 1,050 square feet per
unit. Ned Gwathmey, architect for the project, explained that a computer analysis
presented a refinement of the plan and had altered the original figures and reduced
the total GRFA by approximately 8,400 square feet. Kristan explained the
consideration of both the Ordinance Na. 21, as previously stated, as well as
Ordinance No. 22, relating to amending the SDD No. 7 to allow timeshare, could be
discussed in the same arena, but she asked specifically that individual votes be
taken on each of those ordinances. From research staff had put together, it
appeared the SDD actually had two underlying zone districts. The eastern Lot 7 had
public accommodation zoning. Wowever, that was in conflict with John Ryan, who had
prepared the original EIR in 1977 and referenced Lot 7 as being zoned HDMF in his
EIR. Lots 4 and 5, which are to the west of Lot 7, appeared to have been zoned
HDMF. Staff recommendation for using the HDMF zone district as an underlying zone
district to the SDD No. 7 was then presented. Kristan noted several areas regarding
HDMF zoning that made this zoning appear appropriate and applicable to the Marriott
site. Merv Lapin then raised the issue about the appropriateness of the HDMF
underlying zoning for all three lots at the Marriott site. R discussion ensued and
it was pointed out by the Town Attorney that the underlying zoning would affect the
uses specifically for the SDD and that the Council should consider the criteria from
the Vail Land Use Plan and whether this was a furtherance of that Land Use Plan. At
this point, Peter Jamar, Jay Peterson, Kaiser Morcus, Ned Gwathmey, Jeff Jacquard,
and John Sweeney were introduced, all as representatives of the Marriott Mark
application. Peter Jamar responded to suggestions made by members of the Council at
the June 19 meeting and indicated that four revisions, commitments, and
clarifications were being proposed in a mama from the applicant dated July 10, 1990.
1. GRFA
The previous GRFA total proposed was 71,200 square feet, excluding 4,000
for the ten employee units. After further study and analysis of the floor plan, the
applicant proposed to reduce the total to 62,800 square feet. Both figures include
the 4,000 square feet for employee units.
2. Architectural features of existing hotel exterior
Peter said it had been suggested that in addition to their previous
commitment to repaint the exterior of the existing hotel, they would study
alterations of the balconies in order to improve the building's appearance. Feeling
this was an excellent suggestion on the Council's part, the applicant was
investigating various design solutions and agreed to include a new balcony design in
the project.
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3. Time sharing
Due to several questions regarding the timeshare nature of the expansion,
the applicant had prepared an informational memorandum addressing specific questions
and this was included in the Council packet.
4. Left turn lane
As a point of clarification, the applicant fully understood that if for
some reason the overall funding strategy for Frontage Road improvements is not
established prior to issuance of the applicant's certificate of occupancy, the
applicant may be responsible for 100 of the cast of the left turn lane off the
Frontage Road to West Lionshead Circle with a right of reimbursement for costs
exceeding their fair share at some future date should an overall funding mechanism
be put into place.
Kaiser Morcus stated that a $4.5 million upgrade had been planned for the Marriott
facility, and this would include a total refurbishment of the interior as well as
the exterior. As far as maintenance of the new building, Kaiser explained there was
a reserve fund that had been established which represented ten percent of the total
operating fund to upgrade and maintain the new facility. At this point, Jay
Peterson reminded Council that the applicant was establishing underlying zoning and
not changing it; that the original zoning had been placed back in 1973. Cindy
Jacobson presented comments negative to the granting to the approval of this
ordinance. Jim Lamont also spoke about the SDD special laws and whether this was
being handled in a procedurally correct manner, he noted that with the two zoning
districts involved in this property and the most restrictive use should apply. He
stated his concern about fractionalization of accommodation units and protecting the
• bed base and convention business for the Lionshead area, as well as the Town of
Vail. Kaiser Morcus reiterated his desire to cater to convention business. Eric
Affeldt spoke in regard to clarification of the underlying zoning being HDMF, and
restated the actual locations of the parcels in question. Jim Gibson expressed his
concern with Ordinance No. 22, the ordinance allowing timeshare development at the
Marriott, and stated the report received from the applicant seemed very subjective.
He felt that maintenance of privately owned properties was certainly more desirable
than the timeshare scenario. Merv Lapin then made a motion to approve Ordinance No.
21, based on his scrutiny of the surrounding neighborhood and noting that the Vail
Spa across the street currently is zoned HDMF, Antlers CCII, and the Enzian CGII.
Tom Steinberg seconded this motion. Tom Steinberg then withdrew his second
explaining he believed the eastern lot, i.e., the actual. Marriott physical facility,
was to remain public accommodation, and when he understood this was not so, withdrew
his second of that motion. Kent Rose then seconded Merv Lapin's motion to approve
Ordinance No. 21. Rob Levine stated that even if the Council approved bath
Ordinance Nos. 21 and 22 on this evening, if the applicant wanted to do something
outside the current SDD, he would have to come in again for a major amendment to the
SDD. Merv Lapin called the motion. A vote was taken and the motion failed 2-5,
with Rob Levine and Kent Rose voting far approval of Ordinance No. 21, and the
remaining five members of Council voting against.
. Based on this vote, Jay Peterson requested Ordinance No. 22, Series of 1990, be
tabled to the next regular meeting of the Vail Town Council, August 7, 1990. Peggy
Osterfoss moved to table Ordinance No. 22 to the August 7 meeting, with a second
coming from Rob Levine. A vote was taken and the motion passed unanimously 7-0.
Eric Affeldt then requested a synopsis of the vote, with reasons from each of the
Councilmembers to explain their votes. Rob Levine stated in order to protect the
Town of Uail zoning, the entire parcel, i.e., all lots, HDMF seemed to make the most
sense and was a cleaner SDD. There was a process already set up far further review
and change and he felt that the Town had explicit protection. Lynn Fritzlen felt it
was important to establish underlying zoning, but felt that any increase in bulk and
mass should not be addressed on a singular basis. Tom Steinberg felt that having
split zoning on the property was inappropriate. Kent Rose felt much the same as Rob
Levine, stating that the HDMF already existed on this parcel, and he felt that HDMF
for the western parcel was more appropriate and so should be acknowledged as the
overall zoning. Merv Lapin stated that he was against timeshare, although he did
feel that HDMF was the appropriate zoning for this particular parcel. He stated he
was against timesharing because of the numerous foreclosure notices he sees for
timeshare owners in Eagle County. Peggy Osterfoss stated she voted against this
ordinance because she objected to changing density independent of the approval of
the ordinance amending the SDD. Jim Gibson stated he was against the ordinance
because of the uncertain quality of timeshare projects, and that HDMF would allow
the timeshare use.
The time being 10:30 p.m., Mayor Rose called for a five minute break.
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The next item of business was Ordinance No. 19, Series of 1990, first reading, an
ordinance modifying Section 18.13.080(A) of the Municipal Code of the TOV regarding
density control far the primary/secondary zone district (Applicant: Town of
Vail). Mayor Rose read the full title of the ordinance. Andy Knudtsen stated this
amending ordinance was to correct a typographical error. Mike Cacioppo asked
questions in regard to the affect this ordinance would have on his personal property
and was satisfied with the input from staff. Tom Steinberg made a motion to approve
Ordinance No. 19 on first reading. Lynn Fritzlen seconded that motion. A vote was
taken and the motion passed unanimously 7-0.
Next was Ordinance No. 24, Series of 1990, first reading, an ordinance making
supplemental appropriations from the Town of Vail general fund, capital projects
fund, Communities for Drug-Free Eagle Valley fund, special parking assessment fund,
Vail marketing fund and the real estate transfer tax fund, of the 1990 budget and
the financial plan for the Town of Vail, Colorado; and authorizing the expenditures
of said appropriations as set forth herein. Mayor Rose read the full title. Merv
Lapin suggested he ordinarily was not in favor of supplemental appropriation
ordinances, but in this case, the majority of items were rollovers from 1989 and
passage was appropriate. Jim Gibson moved to approve Ordinance No. 24, with a
second coming from Tom Steinberg. A vote was taken and the motion passed
unanimously 7-0.
The next item of business was Ordinance No. 28, Series of 1990, first reading, an
ordinance amending the plan document of the Town of Vail employees' pension plan;
and setting forth details in regard thereto. The full title was read by Mayor
Rose. Charlie Wick stated that the next three items, Ordinance No. 2$, Ordinance
No. 29, and Ordinance No. 30 were nearly identical documents, that state law
requires separate documents for police and fire as opposed to Town of Vail
employees' pension p1 an, and they must be reviewed independently of each. Merv
Lapin moved to approve Ordinance No. 28 on first reading. Lynn Fritzlen seconded
that motion. A vote was taken and the motion passed unanimously 7-0.
Ordinance No. 29, Series of 1990, first reading, an ordinance amending the Town's
Police and Fire pension plan document subject to approval by sixty-five percent
(65%} of the Town's Police and Firemen; and setting forth details in regard thereto,
was next on the agenda. Mayor Rose read the title in full. Charlie Wick stated
that an election had been held on July 2 and 3, 1990 at the Vail Municipal Building
for the Town of Vail and the results were as follows. The Town of Vail has 15 sworn
fire personnel with 13 votes cast for amendment six; one vote against amendment six;
and one fire personnel not voting; therefore, 93 percent voted for amendment six.
In regard to the police election, the Town of Vail has 27 sworn police personnel; 22
votes cast were for amendment six; none voted against amendment six; and five police
personnel did not vote; therefore, 82 percent of the sworn police personnel voted
for amendment six. In order to pass, 65 percent sworn personnel must vote on an
issue. Merv Lapin moved to approve Ordinance No. 29 on first reading, and Lynn
Fritzlen seconded that motion. A vote was taken and the motion passed unanimously
7-0.
Item ten on the agenda was Ordinance No. 30, Series of 1990, first reading, an
ordinance amending the trust agreement pursuant to the Town of Vail employees`
pension plan; and setting forth details in regard thereto. The full title was read
by Mayor Rase. This amendment allowed VMRD to have a voting member on the Board of
Trustees far the Town of Vail Employees' Pension Plan. Merv Lapin moved to approve
this ordinance, and Lynn Fritzlen seconded the motion. A vote was taken and the
motion passed unanimously 7-0.
Item eleven was an appeal of a Planning and Environmental Commission decision
regarding the PEC's denial of a request far a height variance for an addition to
Condominium Unit E-6, Lot P, Block 5D, Vail Village 1st Filing (141 East Meadow
Drive - Crossroads Condominiums) {Applicant: Sid Schultz for H. William Smith).
Mike Mollica requested that Council uphold or overturn the decision of the PEC. The
PEC at their June 25, 1990, public hearing had unanimously denied the requested
height variance, that vote being 6-0. Merv Lapin stated that he awned 50 percent
interest in Unit C-1 of Crossroads, which disqualified him from voting on this
issue, so he stepped dawn from the hearing. Tom Steinberg divulged that he had a 3
percent interest in a mortgage in a unit at Crossroads, but did not feel that was a
significant conflict, so he opted to vote on the item. Jay Peterson stated he was
an attorney representing the applicant, and Sid Schultz was the architect an behalf
of the applicant. Some discussion ensued in regard to whether other condominium
owners had been notified of this request far the use of their collective GRFA, and
Merle Sachnoff, who is secretary of the association, stated letters had been sent
out to 22 condominium owners with 20 responding they were in favor of this addition
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and two voting against. Rod Slifer spoke on behalf of the applicant, stating it was
important to encourage upgrading of older facilities within the Town of Vail. Lynn
Fritzlen voiced her discontent with the procedures stating that she would prefer
having a policy statement rather than treating this as a singular item. Mike
Mollica stated no additional parking requirement would be necessary since the total
• square feet of the unit, including the addition, would now came to 1,695 square
feet. Peggy 4sterfoss noted that this was not like other in-fill in the Village,
and was more an extension of an existing architectural element. Peggy Qsterfoss
moved to uphold the Planning Commission's decision for denial of this request, with
a second coming from Kent Rose. Her findings included that this would be a grant of
special privilege because the building itself is not a physical hardship. A vote
was taken and the motion passed unanimously 6-0.
At this point, Susie Bruce, who was not represented by counsel, requested an
audience with the Town Council to discuss the lease for space currently meld by the
Town of Vail in the Village Inn project. Her questions related to the term of the
lease as well as the CPI or adjustment over time. Steve Barwick's recommendation
was to compromise, with the market value adjustment after five years. He suggested
that an appraiser should evaluate the property. This would guarantee after a five
year period of time, the Tawn of Vail would be getting its equitable leasehold space
amount. The Council unanimously agreed and gave direction to staff to proceed with
signing of the lease with Ms. Bruce.
There being no further business, the meeting was adjourned at 11:45 p.m.
Respectfully submitted,
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Kent R. Rnse, Mayor "
ATTEST;
~~~-1.x.1 ~. r,G~.J
Pamela A. Brandmeyer, Town`Clerk
Minutes taken by Pam Brandmeyer
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MINUTES
VAIL TOWN COUNCIL MEETING
AUGUST 7, 1990
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, August 7, 1990, at
7:30 p.m., in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT: Kent Rose, Mayor
Tom Steinberg, Mayor Pro Tem
Lynn Fritzlen
Jim Gibson
Merv Lapin
Robert Levine
Peggy Osterfoss
MEMBERS ABSENT: None
TOWN OFFICIALS PRESENT: Ron Phillips, Tawn Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
There was no Citizen Participation, the first item on the agenda.
• Next was a public hearing on the 1990-91 parking policies. Stan Berryman gave an
introduction to the hearing stating the Parking and Transportation Rdvisary
Committee had met several times to discuss recommendations for these policies.
Arnold Ullevig then gave an in-depth presentation regarding the proposed policies
and the reasoning for the changes from the current practices. He then held a
question and answer session with Council and the public. Trevor Bradway felt the
policies were discriminatory against Village workers and those who had paid into the
parking fund for parking spaces in the Village Transportation Center. Josef Staufer
commented that making employees (who get off work at 2:00 a.m.) park in Ford Park
was unfair. There was same di$cu55ion regarding employees getting off at late
hours, and why coupons worked well before and some people hated to get rid of them.
Much discussion by the public and Council ensued regarding pros and cons. Rob
Levine made a motion to table the item and send it back to the Advisory Committee
for further review. Tom Steinberg seconded the motion. Jim Gibson stated he wanted
to pass the program with the following conditions: lift restrictions on the Village
parking structure parking; parking free at Ford Park; and other modifications to be
made as the program went along. He felt this was a step ire the right direction.
Mayor Rose explained why he felt it should go back to the committee. A vote was
taken and the motion passed 5~2, with Lynn Fritzlen and Jim Gibson opposed. Ron
Phillips asked Council to specifically name the items they felt the Advisory
. Committee should review. Lynn Fritzlen felt the added stress on employees because
of the parking and housing situations was bad, and the plan could help by providing
a pass specifically targeted to Village employees. Rob Levine thought the Village
Transportation Center could be shared by a first come, first served basis by access
or price; include the coupons at a reasonable rate; and there be one pass with no
restrictions for $750, that the person could come and go as he p1 eased. Mayor Rose
remarked since the audience felt the blue parking passes would promote more ears in
the Village than the coupons, he felt a combined window sticker and coupon program
was good and would work. He added he did not think there should be any summer
charges for the Village parking structure, and was not sure differential rates on
everything in the Village structure was proper. Jim Gibson thought a blue pass
should have "a number of times used" and not "number of days." Peggy Osterfoss
commented the audience wanted to have the ability to do what they wanted and parking
where they wanted, and paying more was not an issue.
The third item was a Consent Agenda of the following items:
A. Approval of Minutes of July 3 and 17, 1990 Meetings
B. Ordinance No. 19, Series of 1990, second reading, an ordinance modifying
Section 18.13.080{A) of the Municipal Code of the TOV regarding density
control for the primary/secondary zone district {Applicant: Town of Vail)
C. Ordinance No. 24, Series of 1990, second reading, an ordinance making
supplemental appropriations from the Town of Vail general fund, capital
-, ,.
projects fund, Communities for Drug-Free Eagle Valley fund, special parking
assessment fund, Vail marketing fund and the real estate transfer tax fund,
of the 1990 budget and the financial plan far the Town of Vail, Colorado;
and authorizing the expenditures of said appropriations as set forth
herein.
D. Ordinance No. 28, Series of 1990, second reading, an ordinance amending the
plan document of the Town of Vail employees' pension plan; and setting
forth details in regard thereto.
E. Ordinance No. 29, Series of 1990, second reading, an ordinance amending the
Town's Police and Fire pension plan document subject to approval by
sixty-five percent {65%) of the Town's Police and Firemen; and setting
forth details in regard thereto.
F. Ordinance No. 30, Series of 1990, second reading, an ordinance amending the
trust agreement pursuant to the Town of Vail employees' pension plan; and
setting forth details in regard thereto.
G. Resolution No. 18, Series of 1990, a resolution authorizing certain Town
employees and officers to sign checks drawing on an operating account to be
opened by the Town at the FirstBank of Vail and further authorizing certain
employees of the Town to make deposits in said account.
~i. Resolution No. 19, Series of 1990, a resolution authorizing the Town of
Vail to rent a safe deposit vault at the FirstBank of Vail and authorizing
. certain officers to sign a lease therefor, to terminate the lease, to
surrender the box, return the keys, and release the Bank from any liability
in connection therewith.
Merv Lapin made a motion to approve the Consent Agenda as presented. Tom Steinberg
seconded the motion. There was no discussion by Council or the public. A vote was
taken and the motion passed unanimously 6-0. Lynn Fritzlen was out of the room at
the moment.
Next was Ordinance No. 25, Series of 1990, second reading, an ordinance amending
Special Development District No. 23, the Vail National Bank Building, and setting
forth the details in regard thereto. Mayor Rose read the full title of the
ordinance. Mike Mol1ica stated the only change made since first reading was under
Section 4.E. Anew paragraph had been added. Larry Eskwith then discussed Vail
Associates' waiver of right of reverter clause which Jim Gibson had questioned at
the first reading. Jay Peterson, representing the applicant, gave background
information regarding the parking situation, and did not feel the ordinance's new
paragraph 4.E. was fair. After some discussion by Council and Jay, a motion to
approve the ordinance on second reading with the additional language was made by
Merv Lapin. A second came from Rob Levine. A vote was taken and the motion passed
5-2, with Tom Steinberg and Lynn Fritzlen opposed.
. Fifth on the agenda was Ordinance No. 22, Series of 1990, first reading, an
ordinance amending SDD No. 7, commonly referred to as the Marriott Mark Resort, and
the development plan in accordance with Chapter 18.40 of the Vail Municipal Code;
and setting forth details in regard thereto {714 West Lionshead Circle, Lots 4, 7,
C, D, Block 2, Vail-Lionshead 3rd Filing} (Applicant: M-K Corporation - Kaiser
Morcus and Marriott Corporation). The full title was read by Mayor Rose. Jim
Gibson made a motion to table this item until the September 4 evening meeting, per
the applicant's request. Rob Levine seconded the motion. Kristen Pritz explained
what rezoning the applicant was trying to change to and why. A vote was taken and
the motion passed unanimously 7-0.
Next was Ordinance No. 27, Series of 1990, first reading, an ordinance amending
Chapter 18.04 of the Vail Municipal Cnde by the addition of Section 18.04.035 Brew
Pub; and amending Section 18.28.030 of the Municipal Code to add Brew Pub as a
permitted use in the Commercial Service Center zone district; amending Chapter
18.28.040 of the Vail Municipal Code by the addition of Brew Pubs that sell beer
wholesale and Brew Pubs which sell fifteen percent of the manufactured beer or ale
for off-site consumption as conditional uses to the Commercial Service Center zone
district; amending Chapter 18.28 of the Vail Municipal Code to provide certain
restrictions in the operation of a Brew Pub; and setting forth details in regard
. thereto. The full title was read by Mayor Rose. Andy Knudtsen gave brief
background information on the request. He stated three changes to the Code which
had to happen regarding this request far a brew pub: 1) it had to be defined; 2)
Council had to make a brew pub a use by right; and 3) they had to state specific
-2-
items for conditional use. After some discussion, Andy then answered questions of
Council. Merv Lapin then made a motion to approve the ordinance, which Jim Gibson
seconded. Larry ~skwith suggested combining the two conditional uses shown in the
ordinance into only one. Merv then amended his motion to approve the ordinance and
to combine bath conditional uses into one, and Jim amended his second. R vote was
taken and the motion passed unanimously 7-0.
Seventh on the agenda was an appeal of the PEC decision to approve requests for an
exterior alteration and landscape variance in order to construct an addition to the
Lancelot Restaurant at the Bell Tower Building located at 201 Gare Creek Drive (Part
of Tract A, Block 5B, Vail Village 1st Filing) (Applicant: Hermann Staufer,
Lancelot Restaurant). Kristan Pritz gave background information on the exterior
alteration request and explained why staff recommended approval with two conditions:
1. The applicant must remove railings surrounding the patio from November 1 to
May 1 of each year.
2. The applicant must participate in a project involving the property owners
and the Town's Public Works Department in an effort to resolve drainage problems
adjacent to the Bell Tower Building. These drainage problems are a result of the
undirected drainage off of the building. Staff does not feel that the applicant
should be required to provide the solution individually. However, staff feels it is
fair to require him, as a property owner in the building, to participate and pay for
his fair share as deemed by the building association. Any drainage improvements
necessitated by the deck enclosure shall be addressed by the applicant in the Design
Review Board submittal and building permit plans.
• Kristan then reviewed the landscape variance request and explained the reasoning for
the request. She stated the staff recommended approval of the variance, and
reviewed the Planning and Environmental Commission`s vote fnr approval of 5-2.
Kristan answered questions of Council. Peggy Osterfoss felt these were good ideas
for the area. Tom Steinberg commented there should be an agreement with the
applicant that he pay a parking fee, and if Council amends the ordinance and
increases stated fees sometime during the next year, he would be increased as well.
Peggy Osterfoss made a motion to uphold the PEG's decision to approve an exterior
addition to the Bell Tower Building, finding that the granting of this variance
would not constitute a grant of special privilege, and was substantiated by the Vail
Village Master Plan which encourages a wide variety of activities, events, and
street life along pedestrian ways and plazas, and including the conditions required
in the staff memorandum dated July 23, 1990. The motion was seconded by Merv
Lapin. A vote was taken and the motion passed unanimously 7-0. Peggy Osterfoss
then made a motion to uphold the PEC's decision to approve a variance request to
reduce the landscaping to increase the Lancelot's deck. She stated the granting of
this variance would not constitute a grant of special privilege, and was in
compliance with the Vail Village Master Plan, and including the conditions that the
landscaping be added between the two buildings, and bench/possible boulder/Aspen
tree be added to the Gore Greek Promenade greenspace as mitigation for the reduction
of the landscaped area. Tom Steinberg seconded the motion. A vote was taken and
the motion passed unanimously 7-0.
Next was an appeal of DRB approval of the proposed residence at 3010 Booth Creek
Drive (Lot 4, Block 3, Vail Village 11th Filing) (Owner: George P. Caulkins,
Jr.). Shelly Mello gave background information regarding the request. Eliot Goss,
an architect representing the Caulkins, presented the Council with drawings of the
building in question. Kristan and Shelly then answered questions of Council.
Werner Kaplan presented to Council far their review photographs of residences in the
neighborhood, stating reasons why he was apposed to the building of the new home
next door. Harry Frampton, a neighbor, requested Council overturn the DRB decision
because he felt the Swiss style chalet in a contemporary neighborhood was totally
out of place, plus the house needed a garage. August Grassis and Byron Rose,
neighbors, supported Mr. Frampton's statements. Pepi Gramshammer felt the house was
fine and should be approved, that everyone should have the right to build his/her
own home. George Caulkins read aloud a letter he received from Rod Slifer in
support of the chalet style as far as real estate price was concerned. After much
discussion by Council, staff, and the public, Merv Lapin made a motion to uphold the
DRB decision with the conditions the shutters be done in a solid color, a
landscaping plan be incorporated on the open area, and a two car garage be put on
the property. Rob Levine seconded the motion. Ned Gwathmey stated how the DRB had
come to its decision. A vote was taken and the motion passed 4-3, with Mayor Rose,
Tom Steinberg, and Lynn Fritz1en opposed. Mike Cacioppo gave reasons why he was
against the Council's decision.
-3-
At this time, Council decided to take the last two items out of order to expedite
the last item a member of the public was waiting to address. Therefore, action on
proposed lease between the TOV and the Eagle County School District for a playground
at the Red Sandstone Elementary School site at 551 North Frontage Road was next.
There was no discussion by Council or the public, except to delete the staff
• recommendation that the lease be conditioned on the School District renewing the
Town's lease on the elementary school gym. Merv Lapin made a motion to approve the
lease agreement, which was seconded by Jim Gibson. A vote was taken and the motion
passed unanimously 7-0.
Discussion regarding an appeal of a DRB decision on the Wittemyer residence which
included a new detached garage and gondola building and a revised front entry {338
Rockledge Road; Lot 1, Block 1, Vail Valley 3rd Filing) {Applicant: Mr. Wittemyer)
was next. Mike Mollica remarked this item, which had been approved by the DRB, had
been called up by the Council. He presented drawings of the plans and a scale model
of the detached garage and house. Mike added it had been a unanimous decision to
approve the plans by the DRB. Ned Gwathmey, Chairman of the DRB, gave additional
information regarding the plans and DRB's reasoning far the decision made. John
Wittemyer also added background information. Ned then answered questions of
Council. Lynn Fritzlen made a motion to uphold the DRB decision, which Peggy
Osterfoss seconded. A vote was taken and the motion passed 6-1, with Merv Lapin
opposed.
There being no further business, this meeting was adjourned at 12:15 a.m.
Respectfully submitted,
~ J ,~
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
Minutes taken by Brenda Chesman
•
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MINUTES
VAIL TOWN COUNCIL MEETING
AUGUST 21, 1990
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, August 21, 1990, at
7:30 p.m., in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT: Kent Rose, Mayor
Tom Steinberg, Mayor Pro-Tem
Lynn Fritzlen
Jim Gibson
Merv Lapin
Robert Levine
Peggy Osterfoss
MEMBERS ABSENT: None
TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
At the start of the meeting, all Councilmembers were present except Lynn Fritzlen
and Peggy Osterfoss.
Under Citizen Participation, Merv Lapin stated Channel 23's aired tapings of the
Council meetings had poor sound reception. He asked if sound system improvements or
placement of mare microphones was needed to improve the situation. There was some
discussion, and it was noted that if the audience were strictly instructed to come
up and speak to a microphone, it may stop people from speaking.
Peggy and Lynn arrived.
Ron Phillips commented if the Council meetings were going to be held elsewhere in
the future anyway, the problem would have to be dealt with. He added that staff
would check into alternatives.
Item two on the agenda was the Cemetery Committee presentation. Kristan Pritz gave
a quick overview of the planning process to date. She listed each of the 13
potential sites, noting that the upper bench of Donovan Park had been selected as
the most suitable site per the suitability analysis criteria and added that the
surrounding neighborhood was strongly opposed. She then discussed briefly the
analyses of the six additional sites Council had asked staff to look into. Kristan
commented the next step involved detailed site planning and going before the
. Planning and Environmental Commission. An unidentified person in the audience was
opposed to the proposed cemetery because he had questions as to who could be buried
there, and wondered if the mill levy for Minturn could be transferred to Vail; he
then gave his suggestions on how to proceed. Al Weiss stated he did not care if
there was a cemetery or not, but he was bothered by the possibility that the Town
was using up open space in town for a cemetery and not for recreation, etc. He felt
the lower bench of Donovan Park was an excellent site for affordable employee
housing. Hermann Staufer thought the upper bench of Donovan Park was a better spot,
and urged Council to vote on a site and begin the process. There was then
discussion that this was a two step process, first to decide on an exact location,
and then secondly, more examination of the planning process for actually operating a
cemetery. There was more discussion regarding the upper and lower benches of
Donovan Park. Ella Knox felt a cemetery in the middle of a ski resort was
ridiculous and the Council would regret turning the land over for that use. Mayor
Rose was opposed to the lower bench, but felt the upper bench, if properly done,
would be fine. He agreed it was a two step process, with the first step almost
completed, and the second part to have the land developed with a natural character,
with same restrictions. Questions as to who would be allowed to be buried at the
site, management, and finance must be addressed in step two. Peggy Osterfoss and
Rob Levine agreed with Mayor Rase. Rob felt the people who make up the committee
were all responsible and caring, and he trusted them to do the right thing, he would
put his faith in what these people decided. Lynn Fritzlen commented she was in
favor of the site, and impressed with the level of depth of the committee's
analysis. Peggy Osterfoss then made a motion to approve the Donovan Park upper
bench site as presented for the Vail cemetery, with the conditions that no buildings
would be on the site, the design would maintain the naturalness as conceptualized by
the Cemetery Committee, an effort be made to buffer the residential areas as much as
possible, and directions to staff to proceed with the management, design, and
financial options. Rob Levine seconded the motion. Merv Lapin hoped admittance
would be available only to residents of the area, which Mayor Rose replied they
would direct staff to bring in a recommendation later on. Al Weiss added he had not
heard about the possible placement of Town of Uail buildings on the Mountain Beli
site, and felt if the land for a cemetery there was not available because of this,
it was a sham; he felt the Council was making a gross mistake. A vote was taken and
the motion passed unanimously 7-0.
Next was Ordinance No. 27, Series of 1990, second reading, an ordinance amending
Chapter 18.04 of the Vail Municipal Gode by the addition of Section 18.04.035 Brew
Pub; and amending Section 18.28.030 of the Municipal Code to add Brew Pub as a
permitted use in the Commercial Service Center zone district; amending Chapter
18.28.040 of the Vail Municipal Code by the addition of Brew Pubs that sell beer
wholesale and Brew Pubs which sell fifteen percent of the manufactured beer or ale
for off-site consumption as canditinnal uses to the Commercial Service Center zone
district; amending Chapter 18.28 of the Vail Municipal Cnde to provide certain
restrictions in the operation of a Brew Pub; and setting forth details in regard
thereto. Mayor Rose read the full title. Andy Knudtsen briefly reviewed the Cade
changes the ordinance would effect, and then answered questions of Council. Lynn
Fritzlen made a motion to approve the ordinance, which Merv Lapin seconded. A vote
was taken and the motion passed unanimously 7-0.
Ordinance No. 31, Series of 1990, first reading, an ordinance amending Sectian
5.04.040 of the Municipal Code of the Town of Vail to provide that persons who short
term rent units for less than fifteen (15) days per year shall be exempt from the
payment of the business license fee under certain circumstances; setting forth new
business license fees for people who rent less than three {3} units; and setting
forth details in regard thereto, was next. The full title of the ordinance was read
by Mayor Rose. Larry Eskwith gave background information as to how the ordinance
came about. There was then some discussion by staff, Council, and the public. Joe
Staufer felt the system could backfire nn the Town. Jo Brown felt, originally,
people started short terming because of a shortage of hotel rooms. Much discussion
ensued by Council and staff. Lynn Fritzlen made a motion to approve the ordinance
on first reading, which Rab Levine seconded. Peggy Osterfoss requested they add Tom
Steinberg's suggested wording change in Section 1, of "per year per unit shall be."
Tam then suggested the bed and breakfast ordinance be amended to exclude 15 days to
make it equitable with this ordinance. After more discussion, a vote was taken and
the motion failed 3-4, with Jim Gibson, Kent Rose, Tom Steinberg, and Merv Lapin
opposed.
Next was Resolution No. 20, Series of 1990, a resolution supporting an election to
increase county sales tax in an amount sufficient to finance a county-wide bus
system. Ron Phillips stated the County has requested each municipality to support
an election for funding the county-wide bus system, and that Don Welch was present
to answer questions of Council. Don commented that Steve Barwick had been the Town
of Vail representative in the planning meetings, and Don felt the Council was
probably aware of the County's situation. Steve Barwick added the Transportation
Committee's recommendations were for either a .4% sales tax increase to maintain the
current level of service, but with na money going back to the municipalities; or a
.5% sales tax increase which would produce approximately $500,000 a year in excess
funds to be returned to the Town of Vail and $100,000 for the Town of Avan. They
asked Council if they were in favor of one or the other, or if they were not
supportive of the election. Steve noted the Tawn of Avon had not decided yet. Jim
Gibson felt a plan was needed first before going to an election so people will
believe it will work, otherwise, the vote will fail. Mayor Rase agreed, and
remarked the wisest thing at this time would be to not support the election, that it
was premature to call up the issue now. Don Welch then made comments regarding haw
they got to this point. Ron Phillips backed up comments made by Don, and added
information an the current system. Jim Gibson offered suggestions for a better
plan. A member of the Transportation Committee explained the recommended changes in
the plan. Joe Macy talked about the cost of fuel and its implications. After much
discussion, Tom Steinberg made a motion to approve the resolution, which Rob Levine
seconded. A vote was taken and the motion failed 3°4, with Jim Gibson, Peggy
Osterfoss, Merv Lapin, and Kent Rose apposed.
• Resolution No. 21, Series of 1990, a resolution supporting the Black Lakes Reservoir
Project proposed by the Vail Valley Consolidated Water District, with certain
conditions, was next on the agenda. Kristan Pritz stated the Council had approved a
similar resolution in 1988, but this one has been updated with new conditions. Ed
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b
Drager, representing the Vail Va11ey Gonsolidated 4~ater District, commented on the
resolution and stated the conditions of Vail's approval were completely acceptable.
Rab Levine made a matian to approve the resolution, which was seconded by Tom
Steinberg. Ed Drager then reviewed the repercussions of the the failure of the
81ack Lakes project, per Merv Lapin's request. A vote was then taken and the motion
• passed unanimously 7-0.
The seventh item was action on the Town of Vail/Vai1 Metropolitan Recreation
District First Addendum to Agreement. Larry Eskwith remarked the addendum added
language requested by the VMRD Board, and he felt it was pretty self-explanatory.
After a short discussion, a motion to approve the addendum as presented was made by
Lynn Fritzlen and seconded by Tom Steinberg. A vote was taken and the motion passed
unanimously 7-0.
At this time, Larry Eskwith asked Council if his drafted letter to Abe Shapiro,
which Council received in their packet, was acceptable to send. Councilmembers
agreed it looked fine to them.
There being no further business, the meeting was adjourned at 10:40 p.m.
Respectfully submitted,
~ ~ ~ ~~
Kent R'. Rose, Mayon
ATTEST:
Pamela A, Brandmeyer,' Town Clerk
Minutes taken by Brenda Chesman
•
i
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MINUTES
VAIL TOWN COUNCIL MEETING
SEPTEMBER 4, 1990
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, September 4, 1990,
at 7:30 p.m., in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
Kent Rose, Mayor
Tom Steinberg, Mayor Pro-Tem
Lynn Fritzlen
Jim Gibson
Merv Lapin
Robert Levine
Peggy Osterfoss
MEMBERS ABSENT:
TOWN OFFICIALS PRESENT:
None
Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
Under Citizen Participation, Josef Staufer stated the Forest Service was doing more
clear cutting now than in the past ten years, and felt the Town should do something
if possible. Mayor Rose responded the Council had taken a site visit a couple of
weeks ago and had noted their concern to the Forest Service representatives then.
Kent added Council had asked the Forest Service to hold a meeting to discuss the
issue. He commented the Council was not ready to state a position, but would
encourage the Forest Service to hold a meeting for the public.
Item two on the agenda was action on the proposed 1990-91 parking policies. Stan
Berryman distributed copies of the revised proposed parking policies, which had been
changed at that afternoon`s Work Session. He then remarked they were ready to take
public comment and answer any questions of the public. After a lengthy question/
answer period, Ron Phillips explained what the changes were and how the Advisory
Committee had arrived at these decisions. There was much more discussion by the
audience. James Jahnsan asked if the blue parking passes could be financed, which
Council agreed could be for locals only. James then gave other suggestions such as
local lodge owners setting up a local van pool and reservationists should urge
guests who rent cars in Denver and drive up to just take the van pools. After much
more discussion, Rob Levine stated he would like to see the restrictions on the blue
pass dropped, but was in favor or raising prices. Merv Lapin made a motion to
approve the Policy Statement 90-1, including blue passes be available for financing
for locals 1/3-1/3-1/3, with further instructions to staff to strongly encourage
lodge owners to begin carpooling/vanpoo1ing programs, and to improve the parking
status signs at the four-way intersection. Jim Gibson seconded the motion. A vote
was taken and the motion passed unanimously 7-0. Stan Berryman asked if anyone was
interested in serving on the Parking and Transportation Advisory Committee to please
give him a call. Ron Phillips then asked Council about the financing cast of the
blue pass; Council agreed the cost would be $140 for each third for a total of $420,
instead of the $400 price for paying in full.
Next was Ordinance No. 32, Series of 1990, first reading, an ordinance designating
an underlying zone district fnr the Marriott's Mark Resort. Mayor Rose read the
title in full. Mayor Rose remarked Ordinance No. 22 was put on the agenda
prematurely and would not be discussed tonight. Merv Lapin asked when would it be
heard, which Jay Peterson replied not until something had been decided regarding
underlying zoning, at least 30 days which would be the first evening meeting in
October. Kristan Pritz reviewed a chart comparing the existing special development
district (SDD) and proposed SDD zoning changes. She then reviewed the three
criteria used in the evaluation of the underlying high density multi-family (NOME)
zone district for SDD No. 7:
A. Suitability of the proposed zoning.
B. Was the amendment presenting a convenient, workable relationship within
land U5e5 consistent with municipal objectives?
C. Did the rezoning provide far the growth of an orderly viable community?
She added the staff recommendation was far approval for three reasons:
1. They believed the request met all the three criteria for a zoning review.
2. It was their opinion, from staff research, that the underlying zoning on
Tract 1 appeared to have been HDMF and Tract 2 appeared to have been zoned public
accommodation (PA) and possibly HDMF.
3. By approving the request, the underlying zoning was clarified for the
existing SDD and any possible future SDD amendments.
Kristan noted the Planning and Environmental Commission had passed the request by a
5-1-1 vote. She then answered questions of the Council. Jay Peterson gave further
information regarding the request. Rob Levine made a motion to approve the
ordinance, with Tom Steinberg seconding. Jim Gibson commented he could not support
the ordinance because he felt the most appropriate zoning for two-thirds of the
parcel was PA, and he did not like the patchwork zoning proposed, PA was a more
consistent use. Jay responded to Jim's concerns. After some discussion, a vote was
taken and the motion passed 5-2, with Jim Gibson and Lynn Fritzlen opposed.
The fourth item was Ordinance No. 22, Series of 1990, first reading, an ordinance
amending Special Development District No. 7, commonly referred to as the Marriott
Mark Resort, and the development plan in accordance with Chapter 18.40 of the Vail
Municipal Code; and setting forth details in regard thereto. Mayor Rose read the
full title of the ordinance. There was no discussion by Council or the public.
Merv Lapin made a motion to table this item for an indefinite period of time, but
for not less than 30 days. Peggy Osterfoss seconded the motion. A vote was taken
and the motion passed unanimously 7-0. Kristan Pritz requested that Jay Peterson
notify staff at least 14 days prior to the hearing so they could send out notices to
property owners.
Fifth an the agenda was a rehearing by Council of Design Review Board approval of
the proposed residence at 3010 Booth Creek Drive (Lot 4, Block 3, Vail Village 11th
Filing) {Applicant: George P. Gaulkins, Jr.). Shelly Mello gave brief background
information regarding the DRB decision. She then distributed new proposed plans
submitted by Mr. Gaulkins, but which the DRB had not yet seen. After some
discussion by Council, Lynn Fritzlen made a motion to uphold the DRB decision to
approve the Gaulkins residence, which Rob Levine seconded. Peggy Osterfoss felt
they should require mare evergreen screening around the parking area, and Rob Levine
agreed. Lynn Fritzlen stated she was uncomfortable with Council taking over duties
of the DRB, and she did not want to add any additional requirements to the DRB
approval. Kent Rose felt the motion should be denied and the item sent back to DRB
with directions to have appropriate screening added. Ned Gwathmey, Chairman of the
Design Review Board, felt it would be goad to have it go back to the DRB. A vote
was taken and the motion failed 2-5, with Peggy Osterfoss, Jim Gibson, Merv Lapin,
Mayor Rase, and Tam Steinberg opposed. Rob Levine then made a motion to have the
item taken back to the DRB because there was not enough screening of the parking
area. Jim Gibson seconded the motion. A vote was taken and the motion passed 6-1,
with Lynn Fritzlen opposed.
Next was an appointment of a Design Review Board member. Fitzhugh Scott and Sherry
Dorward were the two applicants for the vacancy. A secret ballot vote was taken and
Sherry Dorward had the majority vote. Rob Levine made a motion to appoint Sherry
Dorward to the DRB to complete the term ending February 1991. Tom Steinberg
seconded the motion. A vote was taken and the motion passed unanimously 7-0.
At this time, Mayor Rose requested Council reconvene to complete the Executive
Session they began this afternoon at the Work Session to discuss clarification of a
legal decision.
There being no further business, the meeting was adjourned at 9:40 p.m.
Respectfully submitted,
Kent ft. Rose, Mayor ~
ATTEST:
Pamela A.-Bran meyer, Town Clerk
Minutes taken by Brenda Chesman
-~-
...
MINUTES
VAIL TOWN COUNCIL MEETING
SEPTEMBER 18, 1990
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, September 18, 1990,
at 7:30 p.m., in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
Kent Rase, Mayor
Tom Steinberg, Mayor Pro-Tem
Lynn Fritzlen
Jim Gibson
Robert Levine
Peggy Osterfoss
MEMBERS ABSENT:
TOWN OFFICIALS PRESENT:
Merv Lapin
Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
The first item was a ten year employment anniversary award to Jeff Layman. Ron
Phillips gave a few background remarks about Police Lieutenant Jeff Layman, and
• congratulated him. Ron then presented Jeff with his ten year anniversary gift. Ken
Hughey, Police Chief and Assistant Town Manager, stated he wanted to thank Jeff for
his personal support of Ken as Chief and of Jeff's support of the department, and he
looked forward to continuing working with Jeff in the future. Mayor Rase
congratulated Jeff and thanked him for his years of service.
There was no Citizen Participation.
Next was the approval of the August 7 and
discussion by Council ar the public. Tom
minutes as presented, which Lynn Fritzlen
passed unanimously 6-0.
21, 1990 meetings minutes. There was no
Steinberg made a motion to approve the
seconded. A vote was taken and the motion
Fourth on the agenda was action on the purchase of Holy Gross property at Red
Sandstone Creek Road. Ron Phillips stated the Town had been negotiating with Holy
Cross Electric Association for several months for the purchase of this site, which
was between the Vail Associates maintenance area and the Vail Professional
Building. He added that Holy Cross had two additional provisions in the contract:
1) the closing of the transaction not happen until after January 1, I991; and 2) the
contract be conditional upon approval by the Rural Electrification Administration of
the contract, which would allow Holy Cross to use the proceeds of the sale for other
than mortgage payments. Ran remarked the proposed purchase price was $565,500,
which was the appraised value of the property as of 2--1/2 years ago. He added the
Town would be required to pay $56,500 down, and the balance would be paid over a 14
year period at 8-1/2% interest; the annual payment would be $63,543.56. Larry
Eskwith also stated the purchase was conditional upon the Town doing a survey of the
property, an environmental survey and analysis, and providing a bond counsel opinion
letter. After some discussion by Council, Jim Gibson made a motion to approve the
purchase of the property subject to the conditions of the purchase agreement. A
second was made by Tom Steinberg. A vote was taken and the motion passed
unanimously 6-0.
At this time, Ron Phillips stated there were a few other items for Council to
discuss. He noted the M-K Corporation's request for zoning of the Marriott Mark
Resort had been withdrawn and was not up for consideration by Council until a new
application was presented.
Larry Eskwith announced a settlement agreement in the lawsuit of the Williams vs.
Chester vs. Town of Vail had been presented to the Town. He stated per the
agreement, the Chester house would remain as present, the site coverage would remain
the same, the height would remain the same, and the GRFA would be adjusted to meet
Town requirements. Larry noted he would like to give the press a detailed press
release after a discussion of confidentiality with the Town`s insurance attorney.
Rob Levine made a motion to accept the settlement agreement as presented today by
the Town Attorney, and Peggy Osterfoss seconded. Lynn Fritzlen stated she would
abstain from the vote. A vote was taken and the motion passed 5-0-1, with Lynn
Fritzien abstaining.
Mayor Rose asked Jay Peterson, who had bean representing M-K Corporation, if he had
• any remarks he would like to make regarding the withdrawal of the request for
zoning. Jay responded no, that his client felt it was inappropriate to go forward
with the problems they were encountering and it would be better to come back later
with a total plan rather than piecemealing it together as they had been doing.
There being no further business, the meeting was adjourned at 7:50 p.m.
Respectfully submitted,
~ -~ ~ J ~~
Kent R". Rose, Mayo
ATTEST:
C~~~. Lfiricul~
Pamela A. Brandmeyer, Town Clerk
Minutes taken by Brenda Chesman
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MINUTES
VAIL TOWN COUNCIL MEETING
OCTOBER 2, 1990
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, October 2, 1990, at
7:30 p.m., in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
Kent Rose, Mayor
Tom Steinberg, Mayor Pro-Tem
Lynn Fritzlen
Merv Lapin
Robert Levine
Peggy Osterfoss
MEMBERS ABSENT:
TOWN OFFICIALS PRESENT:
Jim Gibson
Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
The first item an the agenda was the approval of minutes of the September 4 and 18,
1990, meetings. Merv Lapin questioned Kristan Pritz as to the minutes of September
4, 1990, regarding the withdrawal of the request from the Mariott Mark for rezoning
on second reading. He asked what the staff's opinion was in going forward with that
even though the applicant does not wish to go forward with the request regarding
underlying zoning. Kristan stated that clearing up the underlying zoning would be
helpful for the western and middle portions that would become HDMF, with the eastern
portion being originally zoned PA. Merv Lapin asked if there was any question in
the staff`s mind as to what the underlying zoning is as the property now stands.
Kristan stated that at this paint in the staff's opinion it is clear, and needed to
be put into the SDD so if there was a question in the future the information would
be available. Kristan stated she would like to work with the applicant on the
application of the zoning. Merv stated that if there was any confusion as to what
the underlying zoning was, this would be the time to solve the problem and clarify
it far the record. Kristan stated that it was clear to her but thought it would be
helpful for any future staff person to define the position. Peggy Osterfoss made a
motion to approve the minutes of September 4 and September 18, 1990. Tom Steinberg
seconded the motion. A vote was taken and the motion passed unanimously.
There was no Citizen Participation.
The next item on the agenda was Ordinance No. 33, Series of 1990, first reading, an
ordinance amending Special Development District No. 4, Coldstream Condominiums.
Mayor Rose read the title in full. Shelly Me11o presented the ordinance to the
Council, amending the GRFA allowed at Coldstream Condominiums and SDD No. 4. The
applicant is asking far an increase of 1032 additional square feet of GRFA. Shelly
stated that as a result of remeasuring the property, the GRFA was actually 66,878
square feet, rather than 63,968 square feet which was indicated in the Town of Vail
files. The staff recommends approval of the request with conditions as stated in
the staff memo. Shelly also stated the Planning Commission had approved the request
unanimously, with additional restrictions as listed on the first page of the memo.
Eric Hill, representing the applicant, gave a history of the project. The Council
raised concerns regarding the need to grant the additional GRFA, what the additional
space was to be used for, parking concerns, recreational amenities, and employee
housing. Shelly stated it had been disclosed that they had received their rec fee
back of approximately $23,000.00, which would have to be repaid when the applicant
requests to convert the existing facility. Tom Steinberg asked if it wouldn't make
more sense to ask for the additional GRFA when the condominium association was in a
position to request approval for the addition of an affordable housing unit, rather
than making it a two-step process. Peggy Osterfoss concurred. Mayor Rose felt the
consensus of the Council was that the concept of additional GRFA was not opposed,
but it should be granted when the applicant comes in for employee housing approval.
Kevin McTavish, representing the condominium association, stated the owners did wish
to use this additional GRFA for a deck expansion, but that the requirement to build
2-3 employee units in a given place was highly restrictive. He stated that the
racquet facility was unused at this time and would be the most likely spot for
employee housing. After a lengthy discussion, Merv Lapin made a motion to deny
Ordinance #33, Series of 1990, on first reading. Peggy Osterfoss seconded the
motion. Rob Levine asked to go on record as saying that if and when the applicant
. ,
comes back and requests the space specifically for employee housing that he would be
receptive to approval. Merv Lapin agreed. Peggy Osterfoss stated that it would be
beneficial to have a more comprehensive plan in place before resubmittal. A vote
was taken on the motion and was passed unanimously.
• The next item on the agenda was first reading of Ordinance #34, Series of 1990, an
ordinance relating to bed and breakfasts paying a Town annual business license fee
and being treated in the same manner as short term rental businesses. Mayor Rose
read the title in full. Sally Lorton, sales tax administrator, presented the
ordinance to the Council. Sally stated that the purpose of this ordinance was to
regulate bed and breakfasts in the same manner as short term rental businesses were
being regulated. Any unit with more than 2 rental units would be required to pay a
license fee. Merv Lapin asked how many units were presently licensed in the Town.
Sally stated there were two licensed and approximately 7 or 8 unlicensed businesses
in town. Larry Eskwith, Town Attorney, advised the Council that this ordinance was
identical to the short term rental ordinance. There was discussion as to which
businesses would be required to pay the business license fee. Merv Lapin made a
motion to approve Ordinance #34, Series of 1990, on first reading. Tom Steinberg
seconded the motion. Peggy Osterfoss stated that she felt both short term rentals
and bed and breakfasts should be contributing in some way to the marketing fund like
all other businesses in the community. For that reason, she felt that she would not
be able to vote in favor of this ordinance. Merv Lapin stated that considering the
enforcement problem and amount of monies it involved, he thought it was not good
legislation the way we presently were doing it. Mayor Rose stated that he shared
Peggy's thoughts on this, but also felt that with what was going to happen at the
County or State level with the reassessment of residential property to commercial
property, this ordinance and several other ordinances would need to be further
reviewed regarding commercial uses. Peggy Osterfoss agreed and concurred that some
other arrangement should be reviewed for a marketing fee that wasn't based on
operating a business. Tom Steinberg stated that they do contribute in a small way
by paying sales tax. Peggy Osterfoss asked how many da, in fact, pay sal es .tax.
Sa11y Lorton stated that the businesses do want to pay the sales tax, but did not
feel that a business license fee was appropriate. Merv Lapin stated that he felt
many of the businesses were doing this as a matter of survival, not as a profitable
business, and they were, in fact, helping the economy. A vote was taken on the
motion and the motion passed unanimously. Peggy Osterfoss stated that she had
inadvertently voted for the motion.
The next item on the agenda was the first reading of Ordinance #35, Series of 1990,
an ordinance defining the term "construction materials". Mayor Rose read the title
in full. Merv Lapin stated that he thought this ordinance had been presented to
Council previously and questioned the legality of it. Larry Eskwith stated that
this does not change anything, only defines the term. There was some discussion nn
the definition of construction materials. A motion was made by Rob Levine to
approve Ordinance #35, Series of 1990, on first reading. Tom Steinberg seconded the
motion. Merv Lapin clarified the purpose of defining what are construction
materials far tax purposes, those items being considered construction materials
being tax exempt. A vote was taken and the ordinance was approved 5 - i, Lynn
Fritzlen opposing.
The next item on the agenda was the action on the Forest Service Participating
Agreement. Ron Phillips addressed the Council regarding the work being done over
the past year by the Forest Service, the Tawn of Avon, the Town of Minturn, Eagle
County, and the two resort associations, to reach an agreement regarding the new
information center at Dowd Junction. Phillips stated that the agreement presented
to the Council had been approved by mast of the entities involved, and $15,000.00 is
budgeted to contribute to that effort. This is the same amount that is being
contributed by the Town of Avon and Eagle County., The money contributed will be
used to construct a public area in the main entry office of the Forest Service
building for a visitor center. Tom Steinberg stated that Eagle County's
contribution was $13,500. Merv Lapin asked if the Town of Vail would be supplying
any personnel at the facility. Ron Phillips stated that VRA and ABCRA have the
right to provide personnel if they desire. Bi11 Wood, from the White River National
Forest Service office, stated that he had spent quite a bit of time over the last
year working with Ron and the signatories on the agreement, getting it to a point
where it was ready to be signed. He did state that the Avon/Beaver Creek Resort
Association, because of some internal considerations, is unable to sign this
agreement at this time. Ali of the other entities are receptive to this agreement.
He did not feel this would affect the VRA or the Town of Vail. Merv Lapin asked
what the annual operating costs were expected to be. Bill stated that he estimated
that the overhead costs would be approximately $10,000. This does not include
Forest Service personnel. Bill stated that the building the Forest Service is
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presently occupying will go back to its owners. Mayor Rose asked Bill to give an
overview of what will be housed in the new facility and the benefit to the
community. 8111 stated that the building will be located at I-70 and highway 24.
Start-up date far building is May 1, 1991, with plans to be occupying the facility
in October of 1991. The office will be open 8-5 Monday through Friday on a
• year-round basis, with the office being opon on weekends during the summer months.
He stated that URA had expressed an interest in staffing it an weekends on a
year-round basis. The Forest Service felt this was a highly visible location and
had high potential to serve as a Regional information Center for all area entities.
Tom Steinberg asked if the Forest Service received credit for tap fees from the old
Meadow Mountain building that was previously on that site. Bill stated that he did
not believe they did. He stated the Forest had to develop their own water system
there, but the engineers were working on the sewer tap fee issue. Peggy Osterfoss
reiterated her concern of extending the hours of operation, particularly during the
summer. Bill agreed. A motion was made by Merv Lapin that the Participating
Agreement between the White River rational Forest, the Avon/Beaver Creek Resort
Association, the Vail Resort Association, the Town of Minturn, the Town of Avon, the
Town of Vail, and Eagle County be approved. Tom Steinberg seconded the motion. A
vote was taken and the motion passed unanimously.
The next item on the agenda was the appeal of the PEC decision to approve the
preliminary plan, retaining wall height variance, and road grade variance for the
Spraddle Creek Subdivision: George Gillett, applicant. Mayor Rose excused himself
from the bench, as the company he works far has been involved in the design of the
project. He stated he would be available for any questions that should arise in the
discussion. Jay Peterson, representing the applicant, gave a brief history of the
project prior to Kristan taking the floor. Kristan stated she would be hitting the
highlights of the proposal and that the staff did recommend approval on twv
variances regarding retaining wall height, road grade variance, and the preliminary
plan. Kristan stated there were 14 buildable hillside residential lots, each of
which may have a caretaker unit up to 1200 square feet. Three employee housing
units will also be built. There was discussion regarding the time frame for
building the employee housing units. Kristan explained the soil-nailing system to
the Council. The staff had asked the applicant to look into this type of system for
the project. Various types of landscaping plants, bushes, and vines, were discussed
by the Council and applicant. Kristan reviewed each item in the staff memo dated
September 24, 1990, to the Council. A concern was expressed by Peggy Osterfoss
relating to the length of time the applicant will be responsible for the landscaping
of the project. Also, it was felt a minimum square footage amount for the caretaker
units should be determined between staff and the applicant. There was discussion
relating to an on-site livery being allowed within the subdivision. Kristan stated
that the next step would be to go back to the Planning Commission for final plat
approval. Peggy Osterfoss reiterated her concern for at least one employee housing
unit to be built in phase one of the project. Tom Steinberg requested that the ward
"vines" be added to the list in Item #23. Kristan stated that the applicant had
worked very closely with the staff to ensure that all points were covered and
fine-tuned before presentation. Jay Peterson wished to mention that Bill Woad from
the Forest Service had given a lot of his time in working with the applicant and
staff as well, in the preparation process. After some discussion relating to filing
fees vs. time spent on this project thus far, Merv Lapin made a motion that the PEC
decision and recommendations October 2, 1990, on the Gillett subdivision be
approved, with the clarification on Item #7, relating to only one woodburning
fireplace utilized in the total structure; on #9, that the life of the trees be
addressed to be at least 2 years and be replaced if they don't survive; an Item #19,
a minimum square footage be added and that a time be put on when the first employee
housing unit would be added; and on #17, put a definite time on the period rather
than saying two to three. Rob Levine seconded the motion. Peggy Osterfoss stated
that a good job had been done by the staff and the applicant an this project thus
far. A vote was taken and the motion passed unanimously. Dan Corcoran stated he
would like to thank Kristan pritz, Greg Hall, and Todd Oppenheimer, far their hard
work and for the department heads within the Town of Vail for their assistance.
The next item on the agenda was a request to amend the Town of Vail's snow avalanche
hazard map in the general vicinity of Vail Meadows, Filing No. 1. Greg Hall and
Shelly Mello, representing the Town of Vail, presented the item to the Council. A
map was handed out to the Council relating to Lot 22, Vail Meadows Filing No. 1.
The red and blue hazard areas were defined on the maps given to the Council. Art
Mears, an expert in the field of avalanche hazards, was hired by the Town to study
the subject area and report back to the Town on his findings. The study being
proposed for adoption shows that the red hazard zone is moved uphill to the east
while the end of the blue zone essentially remains the same, as indicated in the
1977 study. The new study would allow for development on Lot 22. Art Mears gave a
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i
report to the Council on his findings. One of the major concerns was in regard to
the effects of the water tower above the subject lot if it were to be in the path of
an avalanche. The Council is being asked to amend the hazard map according to the
information found by the Mears' study, as the Town of Vail requested and paid for
the study, rather than the property owner. The Council asked Larry Eskwith what his
S opinion was as to who would be liable for the damage if the water tank were to
break. Larry stated that he would need to investigate the matter further before
giving an opinion. After some discussion, Peggy Osterfoss made a motion to approve
the request to amend the Snow Rvalanche Hazard Map in the general vicinity of Vail
Meadows. Tom Steinberg seconded the motion. Tom Steinberg asked if Upper Eagle
Valley was aware of all this information. Jerry Bender from Upper Eagle Valley
Consolidated Water and Sanitation Districts addressed the Council and assured them
the district was very much aware of the study and passible liability and they were
reviewing the studies conducted. Motion passed 5-2, Merv Lapin opposing. Mayor
Rose thanked all concerned with work done on this project.
The next item on the agenda was an appeal of the DRB decision to deny approval of
construction of a fence/trench to mitigate rockfall hazard at Booth Fa1'ls. Greg
Hall of the Public Works Department, the applicant, presented the item to the
Council. There was discussion on the use of the trench/fence method as opposed to
the berm/trench presently being used to mitigate the rockfall hazard. Mayor Rose
stated that the Council should see the fence/trench solution presentation that the
DRB saw. Ken Brotsky, Senior Vice President of Banner Consulting Engineering and
Architects of Glenwood Springs whose firm has been retained by the Public Works
Department to design and monitor construction of a rockfall mitigation system, gave
a presentation on the fence/trench solution to the Council. He stated the fence was
developed in Switzerland, and has been introduced in the United States within the
last 4~5 years. The proposal calls for removing a portion of the existing berm and
placing that material back into the trench to develop a wide flat area. The fence
could then be installed in the flat area. This flat area will also allow same room
behind the fence for equipment to remove any rocks that had fallen down. It was
felt that the area below the fence could be removed from the high hazard area with
the installation of this fence. Jill Kammerer asked Ken to address the stability of
the existing berm and whether the Council needed to be concerned about the solution
to the problem prior to next spring. Ken stated that there was a concern at the
same time last year and felt that precautions taken then eliminated the danger of
the berm coming dawn the hill. The Cost of the fence is approximately $200,000.
Larry Eskwith asked the Council to deal with the matter of the appeal of the DRB
decision at hand, rather than get into the matters that may relate to a current
lawsuit involving the Town of Vail resulting from existing berm construction.
Discussion was held as to the landscaping to be done to eliminate the visual impact
of the scar currently on the mountainside, and who will be paying for the mitigation
to be done. Larry Eskwith again stated that the issue at hand was the DRB decision
regarding construction of the fence/trench, as opposed to areas the Council was
getting into at this time. Larry suggested that the Council should call an
Executive Session to discuss these concerns. Ray Story, Booth Falls resident,
voiced his concerns with the chain on events leading to the decision to install the
fence/trench solution. Mayor Rase stated that he would not be able to make a
decision at this meeting, although he felt the discussion that was held was
beneficial in knowing what the DRB concerns were. He felt the next step would be to
go into an Executive Session in the very near future and discuss the Council's legal
responsibilities, liabilities, and thoroughly understand the issue, and then come
back into a public discussion. Larry Eskwith agreed. Larry stated to Ray Story
that the Town had not gone out to bid for this solution and that nothing has been
done to proceed with it. Because of the time limitations, it was felt that the Town
needed to get DRB approval as soon as possible so that if this was the solution
chosen, it could be done this fall. A motion was made by Lynn Fritzlen and seconded
by Merv Lapin to table this issue until further direction from the staff. Ran
Phillips, Town Manager, informed the Council that Joe Pellar called him today, owner
of the lot at the west end of the mitigation. Ron had been asked to express to the
Council Mr. Pe11ar's apposition to the fence. Mayor Rose stated to Larry that if
the motion did pass to table the issue, an Executive Session needed to be scheduled
as quickly as possible so the Council could understand the legal issues. Larry
suggested the next Council work session. Peggy Osterfoss asked Larry to also give
the Council guidance as to how the neighborhood could be involved in the solution to
this. A vote was taken and the motion passed unanimously.
The last item on the agenda was an appeal of the DRB decision to deny approval of a
. proposed bike path on the north side of Bighorn Raad in Colorado Department of
Highway right-of-way. Mayor Rose stated that this was located mainly in the East
Vail area from Streamside Circle to the east Town boundary. Ji11 Kammerer and Greg
Hall presented the appeal to the Council. The wall in question could be constructed
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out of several different types of materials and these were presented to the
Council. The Highway Department was against the dry stack boulder wall. The DRB
voted against the wall only because of the X300 foot 1ength_ The wall varied in
height between 2-4-6 foot lengths. The cost of the wall was also a DRB concern. If
the wall were to extend above 6 feet, it would need a variance approved by PEC. The
application has been tabled at this time. dill Kammerer stated that the reason the
design of the wall had gone to Design Review Board before the wall height variance
had been requested was the materials to be used in constructing the wall would make
a difference in the height variance requested from the Planning Commission. Greg
reviewed the Highway Department's concerns over the wall and the widening of the
bike path. Tom Steinberg asked if there were traffic figures for automobiles using
this particular section of the road. Greg stated that these figures were available,
however, he did not have them with him. Peggy Osterfoss asked why the DRB was
concerned with the cast of the construction. Greg stated hat the DRB was possibly
over-stepping its boundaries at that point. Tom Steinberg stated that the reason he
asked about the traffic numbers is the possibility of one-waying traffic at that
point and bringing the traffic back through the developments and using some of the
highway right-of-way for bicycles on each side of the road. Tom was interested in
investigating a way to do away with the construction of the wall. Greg stated that
the road in question is a Town of Uail road that the Town has jurisdiction over.
The only concern the Highway Department would have is the fill flaw. Much
discussion was held relating to the location of the path. Merv Lapin concurred with
George Lamb's memo regarding rerouting of the bike path, stating that there was
enough traffic an Bighorn Road, with cars and buses traveling there. Greg stated
that buses did not use this particular road on their routes. Mayor Rose stated he
thought it would be beneficial for the Council to take a look at the area in
question to see what options were available. Merv Lapin suggested getting input
from local bikers also. A motion to table this issue until the Council reviews
their options was made by Rob Levine and seconded by Tom Steinberg. A vote was
taken an the motion and it was passed unanimously.
As there was no further business, the meeting was adjourned at 11:35 p.m.
Respectfully submitted,
~ ~
Kent Rose, Mayor
ATTBST:
Pamela A. Brandmeyer, Town Clark
Minutes taken by Mary A. Caster
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MINUTES
VAIL TOWN COUNCIL MEETING
OCTOBER lfi, 1990
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, October 16, 1990, at
7:30 p.m., in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
MEMBERS ABSENT:
TOWN OFFICIALS PRESENT:
Kent Rose, Mayor
Tom Steinberg, Mayor Pro-Tem
Lynn Fritzlen
Jim Gibson
Merv Lapin
Robert Levine
Peggy Osterfoss
None
Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
The first item was Citizen Participation, which there was none.
At this time, Mayor Rose moped up item 12 on the agenda, the appointment of the Vail
Town Council's representative to the Vail Valley Marketing Board. The two
applicants for the position were Jim Feldhaus and Caroline Tremblay. A secret
ballot vote was taken, and Mayor Rose announced the majority vote was for Jim
Feldhaus. Mike Cacioppo stated his objections to the secret ballot vote. Jim
Gibson made a motion to appoint Jim Feldhaus to the position, which Tom Steinberg
seconded. A vote was taken and the motion passed unanimously 7-0. Mayor Rose
thanked both applicants.
Next were campaign statements made by the County Commissioner candidates. Linda
Johnson and Bud Gates stated their campaign positions, then answered questions of
Council and the public. They did note there would be two candidate forums in the
near future - Thursday, October 18, 7:00 p.m., at the Eagle County Fairgrounds, and
Wednesday, October 24, 7:00 p.m., at the Days inn Hotel.
A public hearing regarding use of the Town-owned Mountain Be11 site for affordable
housing was next. Ran Phillips stated they had been working the last few months
with Professional Development Corporation (PDC) an affordable housing, and that one
possible site was the Mountain Be11 site, noting the exact location. He Hated there
were generic drawings of site plans, and stated four questions which should be
answered tonight: 1) Should Tawn of Vail land be used far affordable housing if it
is zoned agricultural/open space?; 2) What type of restrictions should be in the
lease agreement? (Rental rates, etc.?); 3) Shnuld unit numbers be allowed to exceed
the Land Use Plan allowable number if GRFA and other zone district standards are not
exceeded?; and 4) Should TOV consider buying the two private sites with lease
proceeds so we control all three sites? Ron then commented Tom Campbell of PDC
would discuss and give a presentation. Mayor Rase stated for the record that Lynn
Fritzlen had stepped down on this issue. Tom Campbell reviewed the entire number of
units and the plan to give money to the Town to purchase two other privately owned
sites to keep for affordable housing. Mr. Lewis Lucas, of PDC, noted they have
options on the other two sites and an agreement that at the closing of the bonds,
the total amount for the land would be paid to the Tawn for lease of all three
sites, also there were two or three approaches to controlling the terms of the
price, and discussed conditioning zoning restrictions so only locals could rent.
Bi11 Pierce, Architect, then reviewed preliminary site plans. In reviewing the
three sites, he noted that the Intermountain property had access from three sides,
bus service, and the least cost for excavation; the Oberlohr site had all the
shopping needs and bus service; and the Mountain Bell property was the best site for
convenience and an integral part of the plan. After some discussion regarding the
zoning process and potential problems, PDC representatives remarked why they needed
the Town's cooperation saying all is a "go." There was also some talk about long
term leasing and restrictions an rents, management requirements, and long range
planning for building upkeep. There was much discussion by Council regarding their
concerns, questions, and what exactly did Council need to decide tonight. Tom
Steinberg and Jim Gibson noted they were very much in favor of using Town land for
affordable housing needs. Mike Cacioppo added his concerns of PDC. After some
,.
discussion regarding proposed rental rates, Sue Dugan questioned appearance of the
buildings, utilities, cost of construction, and debt service. Jim Gibson then moved
i:o approve consideration of the Town-owned Mountain Bell site for affordable housing
development, which was seconded by Tom Steinberg. Chas Barnardt had questions on
the privately owned property which would be swallowed up in this deal and noted his
. concerns. Kristen Pritz mentioned to the public that a work session on all three
sites with the Planning and Environmental Commission would be held Monday, October
22, 11:00 a.m., or if anyone could not make it, please contact Fritzlen-Pierce
architects to look at the plans and have his/her questions answered. Peter Franke,
Peter Apostle, and Pat Kephart, residents of Intermountain, all stated reasons why
they were opposed to employee housing in their area. Joe Macy, representing Vaii
Associates, urged Council to adopt the motion. Bob Nelson commented he was against
rezoning for increased density, feeling the rental rates were not appropriate, and
was suspicious of PDC. A vote was taken and the motion passed 5-1-1, with Merv
Lapin opposing, and Lynn Fritzlen abstaining. Merv Lapin explained he was opposed
to use of open space for additional density, that he preferred to purchase land or
use land already zoned appropriately. F!e also stated he liked the idea it was being
done by private development, and if the project does go forward, he would work to
see all figures are kept at a minimum.
Fifth was a consent agenda of the fallowing:
A. Ordinance No. 34, Series of 1390, second reading, an ordinance amending
Section 5.04.040 B.1. to provide for bed and breakfasts to pay the same
rate for an annual business license fee and to be treated in the same
manner as short term rental business within the Town of Vail; and setting
• forth details in regard thereto.
B. Ordinance No. 35, Series of 1990, second reading, an ordinance amending
3.40.020 and providing a definition of construction materials to the
definition section of the sales tax ordinance of the Town of Vail; and
setting forth details in regard thereto.
Mayor Rose read the full titles of the ordinances. Peggy Osterfass requested
Ordinance No. 34 be taken off the consent agenda, as she had problems with it.
After a short discussion on Ordinance Na. 34 regarding changing the ward "units" to
"bedrooms" under Section ].. c), Merv Lapin made a motion approving the ordinance on
second reading with the wording change. R second was made by Tam Steinberg. Peggy
Osterfoss remarked she was opposed because she felt everyone should be involved in
the marketing effort. A vote was taken and the motion passed 6-1, with Peggy
Osterfoss opposing.
Next was action on Ordinance No. 35. There was no discussion by Council or the
public. Merv Lapin made a motion approving the ordinance on second reading, which
Tom Steinberg seconded. A vote was taken and the motion passed unanimously T-0.
Ordinance No. 36, Series of 1990, first reading, regarding the pay-in-lieu parking
program was discussed next. The full title was read by Mayor Rase. Kristen Pritz
asked that this item be tabled so the Community Development Department could do a
mass mailing as a courtesy to the business people. Merv Lapin made a motion to
table the ordinance far an indefinite time. Peggy Osterfass seconded the motion. A
vote was taken and the motion passed unanimously 7-0.
The eighth item was Ordinance No. 37, Series of 1.990, first reading, regarding the
definition of gross residential floor area (GRFA). The full title was read by Mayor
Rose. Kristen Pritz requested this item be withdrawn indefinitely. She told
Council her department found they have to notify every lot owner, which was quite a
project to handle properly, and did not know just how long this would take. Peggy
Osterfoss made a motion to withdraw the ordinance from consideration, which Tam
Steinberg seconded. A vote was taken and the motion passed unanimously 7-0.
Next was Ordinance No. 38, Series of 1990, first reading, the annual appropriation
ordinance adopting the 7.991 budget. Mayor Rose read the full title. Steve Barwick
briefly reviewed the budget (since so few members of the public were present) and
answered questions of Council. Peggy Osterfoss requested the donation to the Vail
Valley Foundation be brought up $5,000, back to $25,000, to help long term
relations. After some discussion by Council, Peggy Osterfoss made a motion to
• increase the fund donation to the Vail Valley Foundation up to $25,000. A second
was made by Jim Gibson. Joe Macy, representing Vail Associates, stated they would
support the suggestion and it would be the best spent $25,OOD in the community. A
vote was taken and the motion passed unanimously 7-0. Merv Lapin questioned the
lack of funding for Drug Free Colorado, and if it was because they would receive
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money from drug seizure funds, to which Ken Mughey responded he did not think that
was it, but would research for second reading. Merv Lapin also requested
information from Steve Barwick for second reading regarding in-kind services costs.
Jim Gibson made a motion to approve the ordinance as amended, which Rob Levine
seconded. Merv Lapin explained he was not comfortable with the fund balance, that
he would prefer it at 15% of the general fund; also, he would like the paving
project delayed a year so more money would be available. He continued that he was
overwhelmed with the quantity of information he had received, and liked the format
staff used, but felt he would like staff to list previous year's salaries in
comparison to requested. Merv remarked he would like a Councilmember assigned to
each department to become an expert in that department and pass information on to
other Councilmembers; he felt this would make it less overwhelming. Ne also felt it
would be advantageous to have zero based budgeting. A vote was taken and the motion
passed unanimously 7-0.
The tenth item was Ordinance No. 39, Series of 1990, first reading, authorizing the
issuance of a Town of Vail short-term promissory note. The full title was read by
Mayor Rose. Steve Thompson answered questions of Council. Peggy Osterfoss moved to
approve the ordinance, which Tom Steinberg seconded. Lynn Fritzlen commented this
was only a line of credit, not financing, and Council would be making a decision on
the future of the Berry Creek parcel by the end of the year. A vote was taken and
the motion passed unanimously 7-0.
Next was a proclamation designating October 20-28, 1890, as "Red Ribbon Week."
After a brief discussion, a motion to approve the proclamation was made by Peggy
Osterfoss and seconded by Tom Steinberg. A vote was taken and the motion passed
• unanimously 7-0.
Resolution No. 22, Series of 1990, opposing proposed Amendment Na. 1 of the Colorado
Constitution, was next on the agenda. Merv Lapin declared his concerns. Staff
responded by discussing major problems with Amendment No. 1. Mayor Rose responded
that less than one citizen had been to any budget work sessions and at first reading
of the budget ordinance tonight, and he felt he had to look at it as a positive
statement they were doing something right and da not need Amendment No. 1. Peggy
Osterfoss made a motion to approve the resolution, and Tom Steinberg seconded. A
vote was taken and the motion passed unanimously 7-0.
Next was Resolution No. 23, Series of 1990, opposing a Congressional mandate of
Social Security and Medicare coverage. Ron Phillips gave brief background
information regarding the resolution, noting if it was approved, it would be faxed
to our Congressional delegates the next day to let them know once more how the Town
of Vail fielt. James Johnson requested the word "reduction" be changed to
"elimination" in the first line of the resolution, and explained his reasoning.
Merv Lapin made a motion to approve the resolution with the wording change made by
James. Tom Steinberg seconded the motion. Lynn Fritzlen mentioned she was opposed
to this the last time and would approve this time, but philosophically did not agree
with it; she believed that government should be treated equally as with the private
. sector. A vote was taken and the motion passed unanimously 7-0.
Merv Lapin recommended Council meet with Ed Drager or a representative of Upper
Eagle Valley Water and Sanitation District to discuss Black Lakes, streams, etc.,
because the figures are worse than previously thought. Mayor Rose felt a joint
meeting the the Water Board was appropriate and asked Ron to set one up.
James Johnson informed the Council there was a State candidates forum being held
Thursday, October 25, 7:00 p.m., at Manor Vail Lodge.
There being no further business, the meeting was adjourned at 1.0:50 p.m.
Respectfully submitted,
~ ~7 ~7/L
Kent R. Rose, Mayor
ATTEST:
,~.~u~~u.e~i~.tc,lw~-~
Pamela A.. Brandmeyer, Town Clerk
Minutes taken by Brenda Chesman
-3-
i
MINUTES
HAIL TOWN COUNCIL MEETING
NOVEMBER 5, 1990
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, November 6, 1990, at
7:30 p.m., in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
MEMBERS ABSENT:
TOWN OFFICIALS PRESENT:
Kent Rose, Mayor
Tom Steinberg, Mayor Pra-Tem
Lynn Fritzlen
Jim Gibson
Merv Lapin
Robert Levine
Peggy Osterfoss
None
Ron Phillips, Tawn Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
Citizen Participation was first on the agenda, of which there was none.
Secondly, was the Summer Parking Incentive Program drawing. Caroline Fisher
explained the summer parking incentive program was part of the contingency parking
plan, and reviewed details of the program. People who had turned in 25+ receipts
for parking in the Lionshead parking structure this summer had their names put into
a hat for the drawing. Caroline noted there were many prizes, and the top prize for
people who turned in 75+ receipts was a season ski pass donated by Vail Associates.
Caroline passed the hat of names to Councilmembers for the drawing.
Next was a public hearing to discuss the Vail Metropolitan Recreation District
proposed par 3 golf taurse. Kristan Pritz stated the purpose was to hear public
comments on the idea. She also noted after public input, the plan would have to go
through the Planning and Environmental Commission review and then on to the Design
Review Board review. Rob Robinson, Director of VMRD, commented they were asking for
tentative approval by Council of the development of the par 3 golf course. He added
the VMRD did not want to invest any funds in the development at this point until
they had received public support of the idea. Laurie Asmussen presented a slide
show of the conceptual idea far the proposed area. Rob then addressed same possible
concerns and questions of the public, noting he had received over 50 letters of
unsolicited support for the golf course. There was also discussion regarding adding
a small area for employee housing units. Anne Pritzloff, a resident in the proposed
area, remarked she was in favor of the golf course, but was concerned for the safety
of her children to play in their yard unharmed. Sonny Caster felt the golf taurse
would enhance the area. Nancy Woods stated the golf course would be an improvement
of the area. After Rob Robinson answered questions of Council and the public,
Councilmembers stated some concerns they wanted to make sure were addressed in the
development of this project. Kent Rose raised the concern about possible wetland
areas in the project area. Merv Lapin made a motion to allow the VMRD to proceed
through the process, including the rezoning to Public Use District ar any district
appropriate to allow a golf course and employee housing. Peggy Osterfoss seconded
the motion. A vote was taken and the motion passed unanimously 7-0.
Approval of the minutes of the October 2 and 15, 1990 meetings was next an the
agenda. There was no discussion by the public or Council. A motion to approve the
minutes as presented was made by Merv Lapin and seconded by Peggy Osterfoss. A vote
was taken and the motion passed unanimously 7-0.
The fifth item was Ordinance No. 3$, Series of 1990, second reading, annual
appropriation ordinance: adapting a budget and financial plan and making
appropriations to pay the costs, expenses, and liabilities of the Town of Vail,
Colorado, far its fiscal year January 1, 1991, through December 31, 1991, and
providing for the levy assessment and collection of town ad valorem property taxes
due far the 1990 tax year and payable in the 1991 fiscal year. Mayor Rase read the
full title of the ordinance. There was a brief discussion regarding tabling the
_ item until the November 20 meeting because of discussions with Vail Associates and
the Tawn of Avon for regional transportation to Minturn and Eagle-Vail, and the
passibility of Amendment No. 1 passing. Tom Steinberg made a motion to table the
:. x
ordinance until the November 2O evening meeting, which Merv Lapin seconded. A vote
was taken and the motion passed unanimously 7-0.
Next was Ordinance No. 39, Series of 1990, second reading, authorizing the issuance
by the Town of Vail, Colorado, of its short-term promissory note (Firstbank Line of
• Credit), in the maximum principal amount of $1,000,000, to evidence the Town`s
obligation to repay a line of credit, when drawn upon, from Firstbank for the
purpose of providing funds to maintain an adequate fund balance in the Town's
General Fund to enable the Town to pay the ordinary and necessary expenses;
prescribing the form of said promissory note; providing for the payment of said
promissory note from moneys deposited to the Town's General Fund and legally
available for the payment thereof; providing other details in connection with said
promissory note and providing further details in relation to the foregoing. The
full title was read by Mayor Rose. Steve Thompson stated the only changes were that
the Hate had been dated December 7, 1990, and it would mature on November 30, 1991.
There was a short discussion regarding fees. Tam Steinberg made a motion to approve
the ordinance, which was seconded by Merv Lapin. A vote was taken and the motion
passed unanimously 7-0.
Ordinance No. 36, Series of 1990, first reading,
reenacting Section 1$.52.160, Parking Exemptions
variances of the Town of Vail Municipal Code and
thereto, was next. Mayor Rose read the full tit
background to the ordinance and reviewed the two
the amendments:
an ordinance repealing and
and repealing Section 18.52.180,
setting forth the details in regard
le. Kristan Pritz explained the
main issues which were addressed by
• 1. Any property located in the CCI or CCII zone districts is required to
participate in this program. However, there are many properties, particularly in
Lionshead, that are located a considerable distance from the Mall and have vehicular
access that does not affiect the pedestrianized area of the Ma11. Allowing these
properties to pay in lieu of providing parking on-site is inconsistent with the
goals of the program.
2. As written, any property in CCI and CCII can remove existing on-site
parking and pay into the parking fund to compensate far the spaces. There are
benefits to removing spaces from the Village Core; however, there are many other
properties where the removal of existing spaces will provide no public benefit.
Kristan then reviewed the specifics of the ordinance. Kristan made the following
changes to the ordinance:
18.52.160 62a - sentence added at the end of the paragraph. "In the event a
change of use is proposed that requires less parking than an existing use, on site
parking shall not be removed."
18.52.160 62b - paragraph amended to read: "Property owners or applicants
located on the Lionshead Parking Program Overlay Map shall not be entitled to pay a
fee in lieu in order to remove existing on site parking spaces."
18.52.160 C - introductory paragraph amended by adding the ward "are" to first
sentence; "Where property owners are ..."
There was much discussion by Council about problems with the proposed changes
regarding size of building changes, location to pedestrian areas, and requirements
of parking on-site vs. pay-in-lieu. Kristan then answered questions of Council and
the public. Merv Lapin made a motion to approve the ordinance with direction to
staff to make clarifications as discussed this evening, which Tom Steinberg
seconded. A vote was taken and the motion passed unanimously 7-0.
Eighth on the agenda was Ordinance No. 40, Series of 1990, first reading, an
ordinance authorizing the Mayor of the Town of Vail to sign an intergavernmentai
agreement creating an Eagle County Emergency Telephone Service Authority within
Eagle County, which authority shall include the Town of Vail; authorizing the
imposition of an emergency telephone charge upon telephone exchange access
facilities within Vail; and authorizing service suppliers to collect said emergency
telephone charges. The full title of the ordinance was read by Mayor Rose. Ken
Hughey explained the purpose of the ordinance. He also noted that each governmental
entity needed to sign the agreement, but if a town did not, its area could be
covered by one of the fire districts, so all would most likely be covered. After a
short discussion by Council, Jim Gibson made a motion to approve the ordinance. A
second was made by Tom Steinberg. There was more discussion regarding county-wide
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i
coverage and centralized dispatching for the county. A vote was taken and the
motion passed unanimously 7-0.
Next was an appointment to the Local Liquor Licensing Authority Board. Pam
Brandmeyer stated there was one position open, and the only applicant was the
. current Board member Kevin Cassidy. After a brief discussion, Rob Levine made a
motion to reappoint Kevin Cassidy to the Local Liquor Licensing Authority Board.
Jim Gibson seconded the motion. A vote was taken and the motion passed unanimously
7-0.
At this time, Ron Phillips asked about the housing meeting set for Thursday,
November 15. Counci1members jointly decided to begin the meeting at 8:00 a.m., and
it would be held at the Library Community Room.
Ron then asked Council for direction regarding the Vail Village Inn space and
leasing it to the Vail Resort Association. Rob Levine remarked the Town had made a
commitment to the VRA, the VRA had already spent money anticipating the move; he
requested an additional five year option on top of the five year lease, with the
rent to be $5.00/square foot, and the condominium association fee be waived since
they would house the Resource Center and the Drug Free Eagle Valley entities. After
much discussion regarding the pros and cons, and potential problems, it was jointly
decided by all Councilmembers that: VRA would pay the condominium association fees;
the rent would be set at $5.00/square foot (the space is 4,000 square feet); the
lease would be for five years only; and the VRA would be forbidden to do any over-
the-counter business for outbound travelers. After some discussion, it was decided
that rent would begin the first of the next month after the move to the new
~ facility. Rob thanked everyone far their help.
There being no further business, the meeting was adjourned at 9:50 p.m.
Respectfully submitted,
~ 'J ~/L/L---
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
Minutes taken by Brenda Chesman
-3-
MINUTES
VAIL TOWN COUNCIL MEETING
NOVEMBER 20, 1990
7:30 P.M.
A regular meeting of the Vaii Town Council was held on Tuesday, November 20, 1990,
at 7:30 p.m., in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
Tom Steinberg, Mayor Pro-Tem
Lynn Fritzlen
Jim Gibson
Merv Lapin
Robert Levine
Peggy Osterfoss
MEMBERS ABSENT:
TOWN OFFICIALS PRESENT:
Kent Rose, Mayor
Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
First on the agenda was a ten year employment award for Larry Pardee. Ron Phillips
gave brief background information on Larry, a Heavy Equipment Operator, and
congratulated him on ten years with the Town of Vail. Pete Burnett congratulated
. Larry, noting he was a hard worker and a dedicated employee.
Under Citizen Participation, Rod Slifer stated he could not stay, but wanted to say
he supported the Vail Resort Association, and felt the best location fnr their
offices would be in the remodeled 'Vail Transportation Center.
Next was a Housing Task Force presentation of the Tawn of Vail affordable housing
study. Kristan Pritz introduced Nolan Rosall, a consultant to the Task Force,
stating the purpose of the presentation was to ask Council`s approval of the report
and authorizing staff to implement the first phase of the report. She then gave
general background information on the study and reviewed the recommendations. Nolan
gave further details of the report explaining how it could be implemented. Larry
Eskwith remarked staff had taken the initial steps to start the process - a petition
for Town of Vail residents has been distributed to initiate a housing authority and
a public notice in Friday`s paper will announce a public hearing scheduled for
December 4, 1990 to discuss the need far a housing authority. He then explained
details of an authority and a non-profit corporation and answered questions of
Council. Kristan Pritz commented the last issue of concern was using Town of Vail
land for affordable housing. There was some discussion regarding locations of ail
-r,....~ ,..~ hr.,, i r ,.off ~ ~r~l ~Aehorc thou warp 1 nratPd as i t pertained to thei r
appropriateness. Joan Carnie stated she hoped there would be some open space left
. and was concerned about building an open space land; she felt building down valley
would not cause as much impact locally. Kristan addressed the Town`s responsibility
to provide some housing within the Town of Vail boundary. Paul Johnston brought up
using the north part of Donovan Park or the Edwards parcel, feeling these were
acceptable with bus service to the housing area. He also had no problem using real
estate transfer tax (RETT) land for housing. Bob Fritch reminded Council of the
RETT vote and subsequent passage by Council, and asked questions regarding
reimbursing the RETT fund if RETT land was used for employee housing, to which Peggy
Osterfoss asked if it was appropriate to use taxpayer dollars for land for
affordable housing. Don Klinger commented the average employee in Denver drove 45
minutes to get to work so having employee housing down valley would be appropriate.
Jeannie Duvall, a down valley resident, discussed a survey she had made comparing
rental rates to job listings. She remarked casts were similar up and down valley
and it was a myth about cheap rents down valley; there was no affordable housing.
Jim Gibson asked if affordable housing should be defined as to rental rates? Nolan
Rosall commented rates should be set by bedroom size; usually a housing authority
would recommend rates based on employee wages. Tom Steinberg noted construction
workers were now here year 'round and have impacted the housing situation; he felt
it would be desirable to know the number or percentage of construction workers.
Nolan added there were no disadvantages to having a housing authority; it would give
new alternatives. Peggy Osterfoss made a motion to approve the Task Force's
recommendation for affordable housing and to immediately proceed with the
appointment of a housing authority. Merv Lapin seconded the motion. Lynn Fritzlen
questioned density incentives and had a question regarding the difference between a
affordable housing unit and a condominium. R vote was taken and the motion passed
unanimously b-0.
The Vail Resort Association (VRA) request for office space was next. Sylvia Blount,
Executive Director at URA, gave an overview of what the VRA has done in the valley
and asked who would function as the VRA if the VRA dissolved? Paul Johnston, harry
Frampton, Renie Gorsuch, Will Miller, Mike Shannon, George Knox, Pepi Langegger, Bob
Fritch, Duna Mathias, Dave Gorsuch, Hermann Staufer, Chris Hanen, and Stan Cope
were supportive of the VRA and their location. There was some discussion by Council
regarding the chronological order of events and now what was appropriate spaces for
the Ski Museum and the VRA. Sylvia stated the VRA's position on a move. Eric
Affeldt commented the visitor information center on top of the remodeled Vail
Transportation Center was adequate, but that the reservations office should be
somewhere else. After much discussion, Rob Levine made a motion to have the VRA
stay in the Post Office space until April, 1992, at the current rent, and the Town
help find permanent space afterwards at no cost or very low cost. Jim Gibson
seconded the motion. Peggy Osterfoss felt action should be taken before April,
1992, and suggested a business plan be made in a timely manner. There was much
discussion regarding possible scenarios. Merv Lapin remarked VRA needed a business
p1 an and he wanted to keep the moving date to May 1, 1991, because the Town had
space needs, too. Ron Phillips commented both Boards needed to get together to make
plans and arrangements. Mike Shannon suggested keeping the date to May 1, 1991, but
the Town do nothing with the Vail Village Inn space or the Vail Transportation
Center space until a resolution of the space issue had been resolved. Peggy
Osterfoss felt the Council had given a basic confirmation of support, and now it was
up to the Boards to work on a plan. Rab Levine modified the motion to have the VRA
stay in the Past Office space until May 1, 1991, and the Town of Vail would
guarantee an appropriate space at a cast the URA was paying naw ar less. Jim Gibson
modified his second. A vote was taken and the motion passed unanimously 6-0.
At this time, Mayor Pro-Tem Steinberg called a ten minute recess.
The fifth item was Ordinance No. 36, Series of 1990, second reading, an ordinance
repealing and reenacting Section 18.52.160, Parking Exemptions and repealing Section
18.52.180, variances of the town of Vail Municipal Code and setting forth the
details in regard thereto. Mayor Pro-Tem Steinberg read the full title. After a
brief discussion, Merv Lapin made a motion to table the ordinance until the December
4 Evening Meeting. Rab Levine seconded the motion. A vote was taken and the motion
passed unanimously 6-0.
Next was Ordinance No. 38, Series of 1990, second reading, annual appropriation
ordinance: adopting a budget and financial plan and making appropriations to pay
the costs, expenses, and liabilities of the Town of Vail, Colorado, for its fiscal
year January 1, 1991, through December 31, 1991, and providing far the levy
assessment and collection of town ad valorem property taxes due for the 1990 tax
year and payable in the 1991 fiscal year. The full title was read by Mayor Pra-Tem
Steinberg. Steve Barwick commented the only change in the budget was $90,000 added
to the general fund for the Town's portion of the Upper Eagle Valley bus system run
by Avon. He also noted that $60,000 had been budgeted as revenue from the Vail
Village Inn space for 1991, and Council should keep that in mind in future
discussions. There was some discussion regarding the level of service of the Upper
Eagle Valley bus system; Steve was to find out and report back to Council. There
was also a short discussion regarding Eric Affeldt's letter to the Council. Eric
stated he felt Council should defer some items in the budget until more money was in
the account; then, when there is more money, put items back in. Ron Phillips and
Stan Berryman explained why this was not a good way to go, and discussed detailed
background on the road funds. Jim Gibson made a motion that by June 1, 1991, either
the Town had a contract or 50% cash commitment by partners in the Berry Creek
property, or the Town would list all or part of the property for sale. A second was
made by Rob Levine. Tom Steinberg mentioned the Town could also finance the
property and keep it, and get money back in the general fund. Jim Gibson amended
his motion to include Tom`s suggestion. Rob Levine amended his second. A vote was
taken and the motion passed 4-2, with Tom Steinberg and Merv Lapin opposed, Back to
Ordinance No. 38, Merv Lapin reviewed his concerns with the budget. Eric Affeldt
felt the Council could make a motion stating 1) the Council agreed the general fund
balance was unacceptable, 2) they would bring it up to an acceptable level as
quickly as possible, and 3} Council would not look kindly upon further capital
expenditures or supplemental appropriations until the fund level was up to an
acceptable level. Peggy Osterfoss repeated Eric's recommendation in her motion for
approval of the ordinance. Rob Levine seconded the motion. A vote was taken and
the motion passed 5-1, with Merv Lapin opposed.
Ordinance No. 40, Series of 1990, second reading, authorizing Town of Vail
participation in the Eagle County Emergency Telephone Service System. The full
title was read by Mayor Pro-Tem Steinberg. There was no discussion by Council or
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.~
the public. A motion to approve the ordinance was made by Merv Lapin and seconded
by Jim Gibson. A vote was taken and the motion passed unanimously 6-0.
Eighth on the agenda was Ordinance No. 37, Series of 1990, first reading, an
ordinance amending Section 18.04.130, the definition of floor area, gross
• residential (GRFA), Section 18.09.080 density control-hillside residential district;
Section 18.10.090 density control-single-family district; Sub-section 18.12.090 (A}
density control-two family residential district; Sub-section 18.13.080 (A} density
control--primary/secondary residential district and setting forth the details in
regard thereto. Mayor Pro-Tem Steinberg read the title in full. Tom Braun stated
the ordinance was essentially the same as what was discussed October 28th. Merv
Lapin questioned some of the technical language. Lynn Fritzlen commented she would
support the ordinance an first reading if it would be discussed earlier on the
agenda for second reading. She noted there were not many changes, but she wanted
the public informed because it was complicated, but she would support it. R motion
to approve the ordinance was made by Lynn Fritzlen and seconded by Peggy Osterfoss.
Greg Amsten requested Council table this item for more public input and explained
why. Kristan Pritz responded to some of his concerns. Merv Lapin commented an the
items he did not understand, to which Kristan and Tom Braun addressed the issues. A
vote was taken and the motion passed unanimously 6-0.
Next was Ordinance No. 41, Series of 1990, first reading, an ordinance enacting
Section 18.04.365, Definition of Site Coverage in Hillside Residential, Single
Family, Two-Family, and Primary Secondary Zone Districts, and repealing and
reenacting Section 18.09.090 Site Coverage-Hillside Residential District, Section
18.10.110 Site Coverage-Single Family District, Section 18.12.110 Site Coverage-Two
Family District, Section 18.13.090 Site Coverage-Primary/Secondary District; and
setting forth details in regard thereto. Mayor Pro-Tem Steinberg read the full
title. Tom Braun explained this ordinance applied to low density areas, went
through the ordinance in detail and explained the reasons for the ordinance. Merv
Lapin made a motion to approve the ordinance, which was seconded by Peggy
Osterfoss. A vote was taken and the motion passed unanimously 6-0.
Tenth on the agenda was Resolution No. 24, a resolution determining that the
formation of a Local Improvement District having the boundaries indicated on Exhibit
A as prescribed in the Colorado Underground Conversion of Utilities Act (29-8-101
C.R.S.) will promote the public convenience, necessity, and welfare. After a short
discussion, Jim Gibson made a motion to approve the resolution. A second was made
by Lynn Fritzlen. A vote was taken and the motion passed unanimously 6-0.
Next was an appeal of Design Review Board approval of the Byrne residence, a
demo-rebuild project that incorporates the 250 square foot addition, located at 16
Forest Road, Parcel A, a resubdivision of Lot 1, Block 7, Vail Village 1st Filing,
Jill Kammerer gave background information on the appeal and explained DRB granted
approval with four conditions:
1. Existing concrete retaining wall in front of the Hobart residence be
painted and capped with same stone as is to be used in siding.
2. That the applicant submit a letter from the adjacent property owner
(Hobart} approving the application of stone siding to existing brick and the
painting of his residence and approval of painting and stone capping his existing
retaining wall.
3. The applicant come back to the Board to show what impact reducing the front
yard walls to 3'-0" will have on the site.
4. Town Engineer Greg Hall must review and approve any proposed water
diversion needed in order to allow the development to occur.
Peggy Osterfoss asked why the item was before the Council. Ned Gwathmey, Chairman
of the Design Review Board, gave detailed information regarding the building plans
and answered questions of Council. Ned then addressed Peggy's concerns and reviewed
the plan drawings. Jay Peterson also answered questions of Council. Jim Gibson
made a motion to uphold the DRB approval, which was seconded by Rob Levine. Peggy
Osterfass requested the DRB guidelines be modified to reflect situations like this.
A vote was then taken and the motion passed unanimously 6-0.
Ron Phillips noted the Village Transportation Center would open for business at 6:00
a.m. the next morning. Also, Channel 7 did a five minute spot on the Town's Tune Up
classes, and they did a wonderful job. Channel 7 aired the story on the 5:00 p.m.
-3-
and 10:00 p.m. News and might on the 6.00 a.m. News tomorrow. Ron mentioned that
Mike Shannon had also seen it play on CNN.
There being no further business, the meeting was adjourned at 12:20 a.m.
Respectfully submitted,
Thomas I. Steinberg, Mayor Pao-Tem
RTTEST:
Pamela A. Brandmeyer, Town Clerk
Minutes taken by Brenda Chesman
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~,
MINDTES
VAIL TOWN COUNCIL MEETING
DECEMBER 4, 1990
7:30 P.M.
• A regular meeting of the Vail Town Council was held an Tuesday, December 4, 1990, at
7:30 p.m., in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT: Kent Rase, Mayor
Tom Steinberg, Mayor Pro-Tem
Lynn Fritzlen
Jim Gibson
Merv Lapin
Peggy Osterfass
MEMBERS ABSENT:
r ~
LJ
TOWN OFFICIALS PRESENT:
The first item on the agenda
Mayor Rose that this was not
continued to Item No. 2.
Robert Levine
Ron Phillips, Town Manager
Pam Brandmeyer, Tnwn Clerk
was Citizen Participation, although it was noted by
printed on the agenda. There being none, business
The second order of business was Ordinance No. 36, Series of 1990, a second reading,
an ordinance repealing and reenacting Section 18.52.160 parking exemptions, and
repealing Section 18.52.180 variances of the Town of Uail Municipal Code and setting
forth the details in regard thereto. The Mayor read the title in full. Staff
requested this item be tabled until the December 18th evening meeting, at which time
Tom Steinberg moved to do so, and this motion was seconded by Peggy Osterfoss. A
vote was taken, and the motion passed unanimously 6-0.
Item No. 3 on the agenda was Ordinance No. 37, Series of 1990, a second reading, an
ordinance amending Section 18.04.130, the Definition of Floor Area, Gross Residental
{GRFA); Section 18.09.080 Density Control--Hillside Residential District; Section
18.10.090 Density Control--Single-Family District; Sub-section 18.12.090 {A} Density
Control--Two-Family Residential District; Sub-section 18.13.080 (A} Density
Control--Primary/Secondary Residential District, and setting forth the details in
regard thereto. Mayor Rose read the title in full. Kristan Pritz noted the staff
would be asking to have this item tabled to the next regularly scheduled meeting on
December 18, in order to consult with Larry Eskwith, the Town Rttorney, who is
currently out of town. At the work session, the question had been raised by Peggy
Osterfoss as to what constitutes a second unit, whether adding a kitchen or adding
specific square footage or additional wording to clarify this issue might not be an
important issue to passage of this ordinance. Kristan reiterated the intent of the
ordinance in regard to credits was to clarify the system, and by supplying the
number 425 square feet fnr constructed dwelling units, as recommended by the Zoning
Code Task Force as well as the Planning Commission, would do just that. Areas
calculated into the 425-square-foot GRFA formula come from stairwells, starage air
locks, mechanical areas, and so on. Kristan further stated the effective date of
the ardinance would be January 1, 1991. Therefore, submittals must be made prior to
January 1, 1991, in order to qualify under the former system. From the audience,
Greg Amsden, representing Christopher Denton Real Estate and specific homeowners in
r7~~ ~..~~ ~~~1.~ ~hnii+ +ho nrnrocc ~tton~anra ~~ Tack Fnrra MPP~1nd5_ and
discussions that had gone on prior. He felt therE
with the Planning Commission and was surprised to
from 475 to 425. He further stated concern that <
precluded from having a 3- or 4-car garage, and w'
from the Council on this issue. Stan Beard relatE
simplify the formula but not reduce the size of a
encouraging the building of single family homes w~
therefore 3-car garages and adding the 50 square 1
Byrne made comments regarding the garage, limitinc
limitation acting as a penalty to single family he
reflected a down zoning in property, and asked foi
constitutes a second unit. Peggy Osterfass respor
and not a select neighborhood had to be considerec
ardinance. Jim Morter stated more garages have bE
redevelopment in the Vail area and asked that the
had been a lack of communication
learn that the GRFA had dropped
single family home wau1d be
shed to have further consideration
d that the original intent was to
unit. He further stated that
s important to this community, and
eet back in was crucial. Ron
the square footage, and this
meawners. He further stated this
father clarification as to what
ded by stating the broad picture
in the passage of this particular
en crucial to gaol development and
wording "per constructed dwelling
~..
unit" be changed to °allowable dwelling units", so that the Council could go back to
the farmer interpretation of the ordinance. Sue Dugan asked that property owners
far single-family and duplex not be penalized further by the enactment of such an
ordinance. Lynn Fritzlen requested in the future that GRFA be certified by the
architects when plans are submitted as a means to clarifying what actual GRFA is
on-site. On the issue of the wording "per constructed dwelling units," Lynn
requested this be changed to "allowable units." In agreement with her were Jim
Gibson, Tom Steinberg and Kent Rose. Peggy Osterfoss and Merv Lapin preferred to
stick with the recommended new wording of "constructed dwelling units," with Peggy
stating that there seemed to be an equating of quality with size of project. Tom
Steinberg moved to pass Ordinance No. 37, Series of 1990, on second reading, with
changes in Sections 2, 3, 4, and 5 to reflect the wording "allowable units." Lynn
Fritzlen seconded this motion. A vote was taken, and the motion passed 4-2, with
Merv Lapin and Peggy Osterfoss voting against that motion.
Item Nn. 4 on the Agenda was Ordinance No. 41, Series of 1990, a second reading, an
ordinance enacting Section 18.04.365, Definition of Site Coverage and Hillside
Residential, Single Family, Twn-Family, and Primary/Secondary Zone Districts, and
repealing and reenacting Section 18.09.090 Site Coverage-Hillside Residential
District; Section .18.10.110 Site Coverage-Single Family District; Section 1.8.12.110
Site Coverage-Two-Family District; Section 18.13.090 Site Coverage- Primary/
Secondary District; and setting forth details in regard thereto. Mayor Rose read
the title in full. Kristan Pritz restated this does oat pertain to multi-family or
commerical zone districts. Jim Morten and Ron Byrne bath gave brief comments from
the audience. Merv Lapin moved to approve this ordinance on second reading, with a
second from Peggy Osterfoss. A vote was taken. The motion passed unanimously 6-0.
• Item No. 5 was Ordinance No. 43, Series of 1990, first reading, an ordinance making
supplemental appropriations from the Town of Vail Police Seizure Fund, Vail
Marketing Fund, Booth Creek Improvement Fund, and the West Vail Assessment District
Fund, of the 1990 Budget and the financial plans for the Town of Vail, Colorado; and
authorizing the expenditures of said appropriations as set forth therein. The Mayor
read the title in full. Ken Hughey noted that of the appropriation of $94,500,
five-thousand had been earmarked for Drug Free Eagle County. Merv Lapin moved to
approve this ordinance on first reading, with a second from Tom Steinberg. A vote
was taken, and the motion passed unanimously 6-0.
No. 6 on the Agenda was Resolution No. 25, Series of 1990, a resolution declaring
tl~e need for a housing authority to function in the Town of Vail, Colorado. After
some discussion, it was decided to withhold action on this resolution to the first
meeting in January (January 8, 1991), or earlier. Jim Gibson moved to table this
resolution. A second came from Tom Steinberg. A vote was taken, and the motion
passed unanimously 6-0.
There being no further business, the meeting was adjourned at 9:25 P.M.
ATTEST:
~ ~}~.i,c~.~ ~d. t~~au-~-~tJrs ~r~r.~
Pamela A. Brandmeyer, Town Clerk
Minutes taken by Pamela Brandmeyer
Respectfully submitted,
Kent }Z. Rose, Mayor
-2-
... ,
~ow~ of VArL
T5 south frontage road
vaH, Colorado 81657
(343) 479.2138
office of the town clerk
PUBLIC NOTICE
VAIL TOWN COUNCIL
NOTICE IS HEREBY GIVEN of the following changes in schedule far the
Vail Town Council's regularly scheduled Work Sessions and Evening
Meetings. The changes are as follows:
Tuesday, December 25, 1990
Tuesday, January 1, 1991
Tuesday, January 8, 1991
Tuesday, January 15, 1991
NO WORK SESSION
NO WORK SESSION
NO EVENING MEETING
REGULAR WORK SESSION
SPECIAL EVENING MEETING
REGULAR WORK 5ESSION
REGULAR EVENING MEETING
The public should be aware that any second readings resulting from
the January 8, 1991, ordinance first reading approvals cannot be
re--heard until the February 5, 1991, regularly scheduled meeting.
TOWN OF VAIL
~~~~~
. Pamela A. Brandzneyer
Town Clerk
MINUTES
VAIL TOWN COUNCIL MEETING
DECEMBER 18, 1990
7:30 P.M.
A regular meeting of the Uail Town Council was held on Tuesday, December 18, 1990,
at 7:30 p.m., in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT: Kent Rose, Mayor
Tom Steinberg, Mayor Pra-Tem
Jim Gibson
Peggy Osterfnss
Robert Levine
MEMBERS ABSENT:
Merv Lapin
Lynn Fritzlen
TOWN OFFICIALS PRESENT:
Rnn Phillips, Tawn Manager
Larry Eskwith, Tnwn Attorney
Pam Brandmeyer, Town Clerk
The first item on the agenda was approval of the minutes of the November 6 and 20,
1990, meetings, with a corrected vote outcome for the November 20 minutes. Tom
Steinberg moved to approve bath sets of minutes contingent on this correction, and
• Rob Levine seconded that motion. A vote was taken, and the motion passed
unanimously 5-0.
Item No. 2 was Citizen Participation. There being none, the Gnuncil moved forward
to Item 3.
Item No. 3 was appointment of a Liquor Authority Member. Pam Brandmeyer stated
because John Milligan had just moved to the Highland Meadows area, and this area was
not currently a part of the Town of Vail, that she was asking the Board to appoint
David Wilson to a 2-year term to the Authority. Jim Gibson moved to approve Mr.
Wilson`s appointment, and a second was made by Tom Steinberg. A vote was taken, and
the vote was unanimous 5-0.
Item No. 4 was Ordinance No. 43, Series of 1990, a second reading, an ordinance
making supplemental appropriations from the Town of Uail General Fund, Pnlice
Seizure Fund, Uail Marketing Fund, Booth Creek Improvement Fund, and the West Uail
Assessment District Fund of the 1990 Budget and the Financial Plan for the Town of
Vail, Colorado, and authorizing the expenditures of said appropriations as set forth
herein. Mayor Rose read the title in full. Steve Barwick Hated $25,000 had been
added to this ordinance in the General Fund to allow for a workman's comp. billing
newly received by the Tawn of Vail. Jim Gibson moved to approve the ordinance on
second reading. Peggy Osterfoss seconded that motion. A vote was taken, and the
motion passed unanimously 5-0.
Item No. 5 an the agenda was Ordinance No. ~2, Series of 1990, first reading, an
ordinance repealing and reenacting Chapter 8.28 of the Municipal Cade of the Tawn of
flail to expand, strengthen, and clarify code provisions relating to the air
pollution control. The applicant: Tnwn of Vail. Mayor Rnse read the title in
full. Kristan Pritz and Susan Scanlan spoke to the issue, indicating staff had been
directed by the Council and Planning Commission to update the existing air quality
regulations to incorporate technological changes and tv improve the air quality in
the Tawn of Vail. The PEC had approved this draft ordinance 5-0. The background on
the proposed amendments to Ordinance were as follows; 1) Only one certified wood
stove or fireplace is permitted per dwelling unit; 2) In new construction, up to
three fireplaces can be constructed to be equipped with gas logs, but if more than
one gas log fireplace is constructed, woadburning is no longer allowed in the unit;
3) Gas appliance fireplaces can be installed in any dwelling unit, not to exceed
three in number; 4} The only exception to these points is made in restricted units,
which are those secondary units in primary/secondary, duplex or single-family
districts, where the restricted unit cannot be subdivided or sold separately. In
those restricted units, woodburning is no longer allowed. One fireplace can be
constructed far gas logs, and up to two gas appliance fireplaces can be installed.
5) When any number of separate units are combined to form a larger unit, and each
previously contained a solid fuel burning unit {fireplace or wondstove), all sal id
fuel burners must be removed except one or be converted to gas with a maximum of
three gas logs and three gas appliances per unit. Kent Rose suggested the ordinance
rN
needed to be strengthened even more. Tom Steinberg indicated he thought it was
appropriate to forbid woodburning in any new construction, to place a sales tax on
all woad products with proceeds earmarked toward conversion to gas appliances, and
that this language should be added to the actual Ordinance No. 42. Later, he
suggested it would be more appropriate to add the earmarked funds as a matter of
• policy rather than incorporating them into the ordinance. Peggy Osterfoss
recommended providing strong incentives to choose alternatives for allowing one
woodburning appliance and to put the proceeds from conversions into a fund to
provide assistance to others to help in conversion to gas. She suggested this would
be both beneficial and fair. Further discussion ensued regarding setting a fee at a
premium price, such price to be left blank until second reading of the ordinance.
Also considered gel logs as a further possibility to these in lieu of gas and also
to consider the price for the set fee for woodburning units to be in a ten to one
conversion rate, i.e., if the cost of the conversion to gas is estimated between
$800 and $1000, that the permit fee per woodburning unit be set at $10,000. Rob
Levine then moved to approve Ordinance Na. 42 on first reading, with the suggested
changes fisted below. Tom Steinberg seconded this motion. The suggested changes
were: 1) No woodburning should be allowed in new construction or remodels except if
a person is willing to pay $10,000 for a woodburning fireplace per new dwelling
unit; and 2) An estimated fee in the amount of $10,000 for a woodburining fireplace
would be used to assist conversion of woodburning fireplaces to gas. A vote was
taken, and the motion passed unanimously 5-0.
Item No. 6 was Ordinance No. 45, Series of 1990, an ordinance requesting a major
amendment to SDD #4, commonly known as Cascade Village, Section 18.46-Area D, in
order to adjust the phasing in order to allow for an office addition to the Glen
Lyon office building, 1000 S. Frontage Road West, Lot 45, Block K, Glen Lyon
Subdivision. Applicant: Glen Lyon Office Building Partnership. Mayor Rose read
the title in full. Shelly Mello explained the applicant was requesting to amend SDD
#4 in order to allow for the enclosure of an existing deck without meeting ail of
the conditions of approval related to this SDD. The proposed deck enclosure would
be part of the 2800 sq. ft. office expansion previously approved by the Planning
Commission and Council in March 1990. The Planning Commission had voted unanimously
to approve the amendment. The applicant would be adding 400 sq. feet. As a part of
the approval, the applicant further would be undergrounding utilities and increasing
landscaping around the site. Jim Gibson moved to approve this ordinance an first
reading. Tom Steinberg seconded the motion. A vote was taken, and the motion
passed unanimously 5-0.
Item No. 7 an the agenda was Ordinance No. 46, Series of 1990, first reading, an
ordinance amending Sections 18.54.020 E of the Vail Municipal Gode to provide for
Design Review Board Meetings on the first and third Wednesdays of each month only;
amending Section 18.54.050 A.5 to provide that asphalt and fiberglass shingles may
be permitted on structures within the Town of Vail under certain circumstances;
deleting Section 18.54.050 6.13 of the Vail Municipal Code; and setting forth
details in regard thereto. Applicant: Town of Vail. Mayor Rose read the title in
full. Shelly Me11o reported this ordinance was for housekeeping purposes for the
• zoning coda. She explained the minor modifications to the guidelines. Tom
Steinberg moved to approve this ordinance an first reading. Peggy Osterfoss
seconded that motion. A vote was taken, and the motion passed unanimously 4-0. (At
this point, Jim Gibson had stepped out of the room.)
Item No. 8 on the agenda was Resolution Nn. 26, Series of 1990, an honorary
resolution on behalf of the Town Council of the Town of Vail, Colorado, recognizing
the contributions of Ted Kindel for his years of service to the community of Vail,
Colorado. Fallowing comments by Tom Steinberg and Kent Rose, Tnm Steinberg moved to
approve the resolution, with a second from Peggy Osterfoss. A vote was taken, and
the motion passed unanimously 5-0.
Item No. 9 on the agenda was a sign variance for Big Horn Rentals, located at 4327
Streamside Circle; Lot 6, Big Horn 4th Filing. Applicant: Douglas Hiller. Andy
Knudtsen explained the owner of Big Horn Rentals would like to replace the existing
non-conforming, freestanding sign with another sign of the same size, at the same
location. The sign code prohibits alterations to nonconforming signs without a
variance. The DRB voted 3-0, recommending approval of the request with the
conditions that the height of the sign be reduced to 8 feet, and a planter with
flowers to be added to the base of the sign. Summarizing the variance background
request, the findings, and staff analysis, Andy stated the DRB generally had agreed
. with the staff rationale that a variance could be approved if the sign were brought
closer to conformance with the Town Sign Code. After the applicant made a few
modifications, the DRB recommended approval with a 3-0 vote. The staff position was
to support a request for an alteration to the nonconforming sign which would be more
-2-
~ F
compatible with the surrounding residential neighborhood. The staff did not feel
that the current proposal, however, was close enough to conformance yr met the
findings of the sign code. Specifically, Finding C, which speaks to general harmony
was not met. Finding E a1 so was not met as the request was too great a departure
from the sign code. Douglas Hiller stated that the sign would be 2 feet lower than
the current sign, and wanted to upgrade the sign and beautify the area. After
discussion, at 9:00 p.m., Jim Gibson moved to gv into an executive session. This
motion was seconded by Rab Levine, and the motion passed unanimously 5-0. At 9:10
p.m., the Council reconvened the meeting, and Rob Levine made a motion to approve
the variance for the sign. This motion was seconded by Kent Rose. Rab based his
motion on the fact that the applicant did have a physical hardship, and this related
to each of these findings: A) a physical hardship; B) special circumstances; C}
special circumstances not created by the applicant or anyone privy to the applicant;
D) the granting of the variance would be general harmony with the surrounding
neighborhood; E} the variance applied for did not depart from the provisions of this
title anymore than is required to identify the applicant's business or use. Peggy
Osterfoss declared based an the criteria, there was no physical hardship, and that
this was not in general harmony with the surrounding neighborhood, and encouraged
the applicant to comply with the general guidelines. Kent Rvse stated because of
the location of this business on Big Harn Road and with the knowledge that many
condo projects already have obvious signing, the sign would be a service to
renters. Since the business was an the edge of the neighborhood on a busy road,
special circumstances and physical hardship existed. Kent Rose also stated that the
site topography in the area of the sign made it somewhat difficult to see from
Bighorn Road. Jim Gibson stated he did not wish to support this variance because he
would be legalizing a nonconforming sign. At this point, a vote was taken, and the
• vote passed 3-2, with Jim Gibson and Peggy Osterfoss voting no.
Item No. 10 an the agenda was the Ski Museum Lease. Fallowing discussion, Jim
Gibson moved to approve the lease as presented by the Tawn Attorney, with a second
from Kent Rase. A vote was taken, and this motion passed unanimously 5-0.
Item No. 11 was action an the Town Manager Compensation. Kent stated that the Town
Manager's productivity and his accomplishments were quite good, that Ron was thought
of highly, and that a 10% increase to his base compensation has been suggested by
the Council. Rob Levine suggested this was not to be considered a precedent, but in
fact put Ron's salary mare in line for overall TOU employee compensation. Jim
Gibson moved to approve the 10% increase. Rob Levine seconded that motion. A vote
was taken, and the motion passed unanimously 5-0.
There being no further business, the meeting was adjourned at 9:40 p.m.
Respectfully submitted,
ATTEST:
Pamela A. Brandmeyer, own Clerk
Minutes taken by Pamela Brandmeyer
~~~'~ .1 J ovC_~
Kent R. Rose, Mayor `
-3-
a~4 ~
MINUTES
VAIL TOWN COUNCIL MEETING
DECEMBER 19, 1990
• 7:30 P.M.
A special meeting of the Tawn Council was held on Wednesday, December 19,
1990, at 7:30 P.M., in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
Kent Rose, Mayor
Tom Steinberg, Mayor Pro-Tem
Lynn Fritzlen
Jam Gibson
Robert Levine
Peggy Osterfoss
MEMBERS ABSENT:
TOWN OFFICIALS PRESENT:
Merv Lapin
Ran Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
This was a special meeting to consider Ordinance 44, Series of 1990, first
reading, an ordinance requesting a Special Development District for the
Sannenalp redevelopment, located at 20 Vail Road; a part of Lot L, Black 5-
E, Vail Village lst Filing. The applicant was Sonnenalp Properties, Inc.
Kristen Pritz outlined the presentation process, beginning with the staff
presentation by Mike Monica and Andy Knudtsen.
Mike Monica reviewed the staff memo beginning with the 6 variations for
the existing Public Accommodation Zone District being requested. They
included variances to height, density, setbacks, size of loading berths,
amount of accessory and common area. Mike described the request which
included establishing an SDD with existing underlying Public Accommodation
coning, increasing the accommodation units from 72 to 126 units and
eliminating 10 existing dwelling units, maintaining all units as cadge
units, installing gas burning fireplaces in'all units, adding approximately
4000 square feet of conference space for a total of 7930 square feet, and
constructing a new building to heights of 51 to 81 feet on the west side,
49 to 59 feet on the north side, 52 feet an the east and 24 feet on the
south.
Site improvements included a pedestrian walkway attached to the east side
of the existing Vail Road Bridge, over Gore Creek, removing the existing
surface parking, constructing a packet park northeast of the Swiss Chalet
and adjacent to Willow Bridge Road, constructing a sidewalk along the east
side of Vail Road, constructing improvements such as planters and sidewalks
along East Meadow Drive, and installing landscaping along the north and
west elevations.
An underground parking garage would be constructed, removing the existing
surface parking lot, and a total of three loading berths would be added.
Retail commercial space of 5,713 square feet would be included and the
restaurant and lounge area would be expanded~to a total of 6,657 square
feet.
Mike then reviewed the zoning analysis, describing the departures from the
PA Zone District.
Andy Knudtsen reviewed the nine SDD criteria. Regarding Criteria A,
concerning design compatibility sensitivity to the immediate environment
relative to design, scale, bulk, height, buffer zones, character, etc.,
Andy stated the staff objected to the maximum height of 77 feet far the
Vail Road building elevation and 81 feet far the elevator tower. Andy
pointed out that the tower was 4 times mare massive than the Vail Village
Inn tower along Meadow Drive (Phase IV). He showed a sun/shade study which
indicated the amount of shade cast upon East Meadow Drive and also onto the
Vail Village Inn,
Regarding character, the staff felt that there was a significant deviation
1
.~y
from the existing character of the Village in the formal, unbroken facade
of the building along East Meadow Drive. The staff suggested design
changes which included material variety to emphasize the change in the
. plane of the building, bringing landscaping up to the base of the building,
changing the shape of the first floor archway openings, and adding plaaas
to tie both sides of the street together.
Andy then addressed Criteria B, concerning density, GRFA and uses. The
staff supported the plan to have lodge rooms only, but was concerned that
the density, in conjunction with the height, was too much for the site. The
accessory uses exceeded the allowable by 13a and the common area exceeded
the allowable by 65%, resulting in an additional floor area of 55,000
square feet. The result was a mass of the project that was much larger
than what the underlying coning allowed.
Criteria C, compliance with parking and loading, was the next SDD criteria.
Andy explained that a very positive aspect of the proposal was that all
surface parking (except in the auto court) would be eliminated, and in
place of the 13 spaces next to the Swiss Chalet, there would be a pocket
park. With regard to loading, the applicant proposed 3 loading berths.
Two of these, on the northwest corner of the project, did not meet the
minimum width of 12 feet, but were proposed to be 8'-10' feet wide.
Andy then explained that Criteria E, the identification of hazards,
pertained only to floodplain in this instance, and that no construction was
proposed in the 100 year floodplain.
Criteria F included the site plan, building design and location, and open
space provisions designed to be responsive and sensitive to natural
features, vegetation and overall aesthetic quality of the community. Andy
stated that the staff was concerned about the ten areas of setback
encroachment. He presented site plans which showed the encroachments and
explained that the encroachment which concerned the staff the most was the
one proposed for the kitchen expansion and compactor area on the southwest
corner of the property, where the compactor area encroached 15'-6" and the
kitchen expansion and Bully Pub encroached 18 feet into the Vail Road
setback.
Another encroachment of major concern was the swimming pool/patio area.
Staff believed that the Gore Creek corridor should be maintained as natural
as possible to preserve its aesthetic appeal.
The staff had no problems with the two tower encroachments along Meadow
Drive, feeling that allowing the towers to come out closer to the street
gave more definition to the public spaces and was a benefit. However, the
. staff did feel that there was not enough undulation and variety to the
Meadow Drive facade. With tegard to natural features, Andy stated the
staff felt adding a streamwalk along the creek would allow more guests in
Vail to enjoy this natural feature. A streamwalk had not been proposed.
Regarding circulation, Criteria G, the Fire Department gave their
conceptual approval of the Talisman and Sonnenalp emergency vehicle access.
The applicant would construct a pedestrian bridge aver Gore Creek and a
sidewalk along Vail Road from the corner of Meadow Drive to Gore Creek.
Staff felt that there should be a stronger interface between the pedestrian
street of East Meadow Drive and the commercial store fronts.
Criteria H concerning landscaping was next, and Andy pointed out that the
building was designed to be located close to Vail Road and Meadow Drive.
By not providing adequate open space west or north of the building, the
public would not benefit from the open space on site. However, the
applicant had offered to build a pedestrian plaza between the VVI and the
Sonnenalp.
Mike Monica then reviewed the project as it related to the Vail Village
. Master Plan. He stated that the staff believed that one of the most
important parts of the Master Plan was the conceptual building height
diagram, and felt that the project severely deviated from the Master Plan
with regard to height. Sub-area ~1-2, the Vail Road/Meadow Drive
2
intersection, was shown on a site plan. Mike explained that the sub-area
called for visual barriers to discourage vehicular traffic from heading
south on Vail Road from the 4-way stop, and for the pedestrian connection,
• both north and south along Vail road, to be improved. The proposal
included a six foot wide sidewalk along the full length of the west side of
the property. Because the Sonnenalp redevelopment required the widening of
Vail Road, the staff was recommending mitigation to discourage vehicular
traffic. This would include constructing 3 planted medians: 2 near the 4-
way stop, and one next to the Sonnenalp. The staff felt that the proposal
did not meet the concept of Sub-area #1-2.
Sub-area #1-3 stated in part, "....Mass of building should not create a
shadow pattern on Meadow Drive." The staff response was that Meadow Drive
would be completely shaded at times in the winter due to the proposed
structure. This sub-area concept was not met.
The applicant did meet the purpose of Sub-area #1-5, the Willow Bridge Road
walkway, by moving the surface parking spaces into the garage and
constructing a pocket park in this area.
Sub-area #1-4 included two items: a plaza with greenspace near the Swiss
Chalet in conjunction with the adjacent plaza at the Vail Village Inn, and
fire access in the same general area. The fire access was proposed and
conceptually approved by the Fire Department. The proposal did not include
a plaza, and sa this sub-area concept was not entirely met.
Sub-area #1-9 - Study area: Village Streamwalk states: "Study of a
walking-only path along Gore Creek between the Covered Bridge and Vail
Road, connecting to existing streamwalk, further enhancing the pedestrian
network throughout the Village and providing public access to the creek."
Objective 3.4 of the Master Plan is to develop "...accessible green space
areas, including pocket parks and stream access." The staff felt strongly
that a streamwalk was in the best interests of the Town, and believed that
it could be designed in a way that was sensitive to the needs of the hotel
proposal. This sub-area concept was not met.
Mike reviewed the Illustrative Plans beginning with the Land Use Plan.
With regard to the open Space Plan, open space along the entire stream
corridor is called far. The Parking and Circulation Plan stated that "East
Meadow Drive is designated as a pedestrian street with plazas, limited or
no autos and a bus route. The Gore Creek corridor is designated as a study
area for a walking path." The staff response was that East Meadow will
continue to be a pedestrian corridor; however, the proposal does not
include a streamwalk.
. The Building Height Plan recommends that the area along East Meadow Drive
be a maximum of 2 to 3 stories or 18 to 27 feet high. Three to four
stories (27 feet to 36 feet) is designated on the southern three quarters
of the property. The staff response was that this was one of the most
important components of the Master Plan and had been previously discussed.
Overall, the staff felt that the applicant's proposal was not in compliance
with the Master Plan.
Andy then reviewed the EIR Analysis. Mika gave the staff conclusion from
the memo, stating the staff recommended denial of the project for many
reasons. Using the SDD criteria, staff found severe noncompliance with
height, setbacks, shadow, open space plan with plazas, and streamwalk and
asked that the applicant address the Town's issues mare thoroughly.
Jeff Winston, Town of Vail urban design consultant, stated that some of the
issues were very complex and pointed out that the Town Council was being
asked to make a decision on an issue that was difficult to visualize, He
stressed that the building, if approved, would be in place far a long time
and the challenge was to do it right. Jeff stated that it was important to
maintain Vail's character, as that was important to Vail's economic
survival. It was important to balance the needs of the hotel with the
. needs of the Town and find the fine line between the two. He pointed out
the positive aspects which included the fact that hotel rooms would be
added, surface parking was being removed, the operation of the hotel would
be done with quality, parking near the Swiss Chalet would be converted to a
3
pocket park, and the project would add vitality to Vail.
On the negative side, Jeff pointed out that some of the setback
• encroachments were acceptable, but that the encroachment an the stream side
and Vail Raad side had mare significant impacts, and that there would be
increased traffic on Vail Road. He was concerned with the overall scale of
the proposed building and its impact on East Meadow Drive as well as Vail
Road. The building would cast shadows and block views, and the portion of
the roof that was proposed to be flat would establish a precedent for flat
roofs. Jeff showed the areas of encroachment on a site plan. He pointed
out that the WT buildings being turned at an angle added to the interest
of the streetscape and took away the unwanted lineal feeling of the street.
Jeff suggested rotating part of the proposed building an Meadow Drive. He
reminded the Council that the Urban Design Guide Plan suggested connected
plazas from the Sonnenalp to the VVI.
Jeff suggested that perhaps a variety of roof heights, and modifying the
roof where the mechanical areas were proposed, would help. Jeff echoed the
staff's desire to have the project succeed with the best possible proposal.
He asked the applicant to take another look at the specific ideas proposed
which would improve the project.
Kristan Pritz then used charts to show the list of PEC concerns and the
issues that staff felt were important. The PEC concerns included the
• following:
1. Pool location in stream setback
2. Building too high
3. Need for architectural relief on Meadow Drive
4. Need for mitigation of the widening of Vail Road
5. Need for pocket park by Gore Creek and Willow Bridge
6. Need for 11 employee housing units
7. Construction noise limits, on-site construction staging
8. Pedestrian bridge on Vail Road Bridge
9. Solution of Talisman access easement
10. Restrict lodge rooms as lodge roams permanently
11. Loading bays must meet Town standards
12. Public access needed to creek
13. Setbacks on Meadow Drive must be met
Kristan that the PEC motion to approve the project was denied by a 3-3
vote. Three members felt strongly enough about the concerns to vote to
deny the project, and the other three felt the concerns were important, but
that they could be passed along to the Tawn Council with a vote of
approval. The motion included the fallowing findings:
1. The project was not in compliance with Criteria A, regarding
design compatibility and sensitivity to the immediate
environment, neighborhood and adjacent properties.
2. SDD Criteria C, requiring that the proposal meet the loading
standards of the Town, is not met.
3. The project fails to meet SDD Criteria D regarding conformity
with the applicable elements of the Vail Comprehensive Plan,
Urban Design Plans, and specifically the Vail Village Master
Plan.
4. The project does not meet SDD Criteria F regarding the site plan,
in that the site plan lacks quality public spaces.
5. SDD Criteria H is not met, as there is not adequate open space on
the site.
6. SDD Criteria I is not met regarding the phasing plan, as there
may be a conflict with the construction of the project and the
weekend activities at the Vail Interfaith Chapel.
Kristan summarized the staff direction and spoke to the big picture
issues." They included the following:
1. The building was too high relative to Vail Road and Meadow Drive and
resulted in a canyon effect as well as shading an Meadow Drive.
2. The building did not have enough articulation-horizontally and
vertically.
3. Lack of public spaces on Meadow Drive.
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4. Lack of public access to the creek.
5, The project should ccm~ly.••~,ith the Vail Village Master Plan sub-areas
1-3 and 1-4 and the Village streamwalk.
• 6. "Catch-all issues" included affordable housing, final design of Vail
Road, the Talisman access easement issue, the location of the
construction road, and setback along Vail Road.
Kristan encouraged the Council to think back to the workshop that was
recently held an mountain resort design. Those same design principles
needed to be considered when reviewing this project. The building has the
potential to have a great impact on the community. The staff's job and
PEC/Council roles are to insure that the impact is positive and a quality
design results for the c~.,«~,unity. She stated that the project could comply
with the Vail Village Master Plan more closely and that the SDD process was
well suited to this type of project. The Vail Village Master Plan
anticipated development on the site. She encouraged the Council to take
the time to review the project thoroughly as a project, especially one of
this magnitude, because of the incredible impact it would have on the
character of the area. She concluded that a project that took into
consideration the staff and PEC direction would result in a fine project
for bath the owner and community. Kristan stated that this was not a
matter of no development vs. development, but rather that the staff
supported the concept of the lodge and mixed use development on the site.
The issue was design and how the proposal related to the design documents.
A break was taken at this paint.
Jay Peterson, representing the applicant, stated there was much more
difficulty in building a hotel than a building with condos. He believed
that the applicant and the staff were not that far apart. Jay showed a
massing model of a building'-that would conform 1000 with the underlying
zoning, and felt that it was not a good building.
Gordan Pierce, architect of the building, showed slides of different
buildings, including Vail Road and Meadow Drive with a model of the
proposed building in place. He stated that he had worked with consultants,
engineers, Public Works Department, etc., and had designed the building in
the best possible way. Gordon reminded the Council that 9 feet was no
longer used as the height of one floor, rather 10 feet was used for hotel
rooms and 12-13 feet was used for commercial areas.
With regard to the VVI building setbacks, Gordon stated they varied from 5
feet to 25 feet from the property line. He added there would be more
landscaping on the Sonnenalp side of the road than existed on the WI side.
Gordon reviewed the site plan regarding landscaping, parking, and setbacks.
He painted out that in some areas, the building was pulled back. He also
stated that 61% of the back-of-house facilities were underground, and tine
loading docks were 10 feet wide. Gordon said that the eave Sine of the
building was low, which was where pedestriah's would read the building. He
pointed out that the narrowness of East Gore Creek Drive worked well for
Vail Village and added that the narrow alley next to the Hill Building was
pleasing.
Jay then mentioned that in a hotel, common areas were important. He
explained that if height is removed from Meadow Drive, it would have to be
added in another building near~the creek which would include a mix of
condominiums and acc~,«.~~odation units.
Public comment was invited next. Robert O'Malley, Jim Wear, Craig Snowdon,
Hans Von Barby, Rod Slifer, Eric Affeldt, Will Miller, Larry Litchliter,
Jack Curtin, and John Mi11s spoke in favor of the project. Rick Rosen,
Paul Rondeau, Edward Mayne and Art AbplanaJ.p spoke against the project.
Johannes Faessler, applicant, thanked the Council for calling a special
meeting. He said that he cared about Vail, had worked to make his building
a positive force in the c~y~„~~unity and felt that the current proposal would
be a continuation of that effort. He wondered if perhaps his proposal was
not right for Vail, but if this building were not constructed, something
else would be constructed an the property. ~He felt that Vail must continue
improving--"to stand still was to move back." Not much had happened in
5
the past 5 years in the Village. He asked that the Council consider the
message they would be sending out if they did not approve the project as it
was proposed.
Jay Peterson asked that the project be tabled to January 8th and that the
Council give their comments. The motion to table was made by Peggy
Osterfoss, with Tom Steinberg seconding. The vote was 6-0 in favor of
tabling.
Kent Rase began the comments with the statement that he was leaning toward
approval of the project and that there was a need for a quality hotel in
Vail. The increase in density and common space did not bother him. He was
concerned about pedestrian access along Meadow Drive, pedestrian access to
the stream on the south, agreed that the pool should not encroach next to
public land, that sunlight must reach Meadow Drive, that the southwest
corner of the building needed to be pulled Haack, that there should be
mitigation of the widening of`Vail Road, and felt the need for restricted
employee units. Kent felt the Sonnenalp access was positive and that the
pedestrian bridge was not necessary, as the entire bridge would soon be
replaced by the Town.
Johannes and Karl Faessler and Jay Peterson had left the room, They were
asked to return for the rest of the Council's comments.
. Rob Levine said he echoed Kent's concerns. This project would be a plus
for Vail. He pointed out, however, that all of the development was on the
edges of the property with the open space in the middle for the hotel
guests. He wanted the streamwalk and suggested that the building either be
pulled back or lowered a little to make it better for the community. Rob
said that he was close to supporting the project, but felt it needed more
work.
Tom Steinberg felt that overall th~:s was a beautiful building and that Vail
obviously needed mare hotel rooms. He stated one could not ask for a
better group of people to construct a hotel: He felt it should be "faded
back in height." Tom would have liked to have seen the total site,
including the Talisman, included in the project and the original building
that contained restaurants and kitchens be torn down and rebuilt. Ha was
against any road along the stream tract and felt that the streamwalk would,
in the long term, be one of the Sonnenalp's assets. Tom asked that the
height and bulk be reduced and that there be more open space along the
streets. Tf it were his project, he would build the streamwalk himself so
that it would be constructed where he wanted it. Tom felt this was a
beautiful building but it was too much, in too small a space. He felt the
traffic study was superficial and that another study should be done during
. busy times. Tom felt the restaurant and loading dock needed to be pulled
back and the 3 existing woodburning fireplaces should be converted to gas.
He felt the need for 3 lanes along Vail Road with planted medians.
Peggy Osterfoss stated this was not a question of development or no
development, but that the Council had an opportunity to work toward a
positive solution. Advantage could be taken of the flexibility of the SDD
process of give-and-take which allowed for variations, but should not allow
for increases in all parameters. She had concerns with the project's
compliance with the SDD criteria. Peggy felt the pool and patio should be
pulled back from the stream tract. Peggy was not concerned about the
additional GRFA. She felt that additional restaurant area, for additional
lodging, made sense. With regard to SDD Criteria A, height was Peggy's
greatest concern. Character could be improved by height variations as well
as ins and outs in the building. Criteria D, regarding conformity with the
applicable elements of the Vail Comprehensive Plan, the height plan was not
met. Sub-area 1-2, the Vail Road and Meadow Drive intersection, providing
a visual barrier to discourage vehicular traffic, could be met with planted
medians. Sub-area concept 1-3 regarding shade had not been met. sub-area
1-5 had been met with a pocket park, Sub-area 1-4, a plaza in conjunction
with the VVT, could be strengthened. Sub-area 1-9, the streamwalk, had not
. been met. Peggy pointed out that the objective in the Master Plan was
public access to the creek. She felt some sort of access was important and
that the pool and patio should be pulled back from the creek. Regarding
the ETR analysis, the atmospheric ?mprovements were positive. With regard
6
~: r
L ~' . ~
to visual conditions, the
site emplnyae units would
construction access to th~
have a negative impact on
height and mass back onto
compromise.
height of the
be acceptable
project from
Gore Creek.
the site, the
building affected the views. Off-
to Peggy. With regard to
the south, Peggy felt this would
Peggy stated that by pulling the
building could be a,good
Jim Gibson stated that in isolation, the project was outstanding. The
detailing, the quality, etc., were excellent, but the project was not in
isolation in the Town of Vail. He felt that the encroachments did a
disservice to the project and magnified the bulk and mass. He felt the
height variance did not work to enhance the„building. The shadow on Meadow
Drive and the canyon effect could be mitigated by lowering the building.
He felt that the building would block pedestrian views from both Vail Road
and Meadow Drive. Jim felt that the proposal could conform to the Vail
Village Master Plan and most of the proposed project could still remain
intact. Jim felt that the SDD concept was a proper way to develop certain
areas in Town, but when allowed to be used without control, the project
could end up like..Lianshead, which was not a credit to the Town. He felt
that compromise was necessary and that the Council wanted what the
applicant wanted and wished to see the project succeed.
Lynn Fritzlen felt that she had nothing to add to the previous comments.
Her feelings toward the building were ambivalent. She felt frustration as
she watched increases in density in major projects. She reminded the boaxd
and applicant that the Tawn would be faced with a second impact of
improvements that must be made to the infrastructure with increased growth.
Johannes then stated that the suggested improvements must be paid by
someone, and he would like to withdraw the application.
There being no further business, the meeting was adjourned at 11:5Q P.M.
Respectfully Submitted,
'Ei%"U/ v~J ~~
Kent R. Rose, 'Ma r
ATTEST:
Pamela A. Brandmeyer, Town Clerk
Minutes taken by Betsy Rosolack
7
e
.~
TOW. OF UAIL
75 south frontage road
yell, coforado 81657
(303y 47'9.2136
office of the town clerk
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Vail Town Council wi11 meet at a
Special Evening Meeting on Wednesday, December 19, 1990, at
7:34 p.m. in the Council Chambers of the Vail Municipal Building,
75 South Frontage Road West, Vail, Colorado. To be considered at
this meeting is the following:
1. Ordinance #44, Series of 1990, a first reading. A
request for a Special Development District for the
sonnenalp redevelopment, located at 20 Vail Road, a part
of Lot L, Block 5-E, Vail Village First Filing.
Applicant: sonnenalp Properties, Inc.
At this meeting you are encouraged to attend and be heard.
TOWN OF VATL
Pamela A. Brandmeyer
Town Clerk
t