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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. -z- 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 -3- 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. -2- y 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 :~ -3- 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 -2- .. 4 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 ~~ r1 -3- 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 -3~ 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 • -3- ~ ~ 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: -2- ' 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 -3- .~* 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 -2- 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. -3- 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 -4- 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. -2- 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. -3- 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. -4_ 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. -5- . ~ . 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 -2- 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 -2- 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 -2- ~ ~ 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: r~` Pamela A. $randmeyer, Town Clerk Minutes taken by Brenda Chesman -3- 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." t r~ U r~ LJ 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. -2- 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. -3- • • 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 -4- ti 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, ~ ~ ~~~ Kent R. Rnse, Mayor " ATTEST; ~~~-1.x.1 ~. r,G~.J Pamela A. Brandmeyer, Town`Clerk Minutes taken by Pam Brandmeyer -5- 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 • -4- 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 -2- 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 -3- 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 _2- . ~ 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 _2_ 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 -3- 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 -4- r ~ 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 -5- .~ CJ 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 -2- 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 _2_ 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 -2- .~ 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 -4- ~, 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. 4 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