HomeMy WebLinkAbout1989 Vail Town Council Minutes~`
MINUTES
UAIL TOWN COUNCIL MEETING
JANUARY 3, 1989
7:30 P.M.
~~.
A regular meeting of the Vail Town Council was held on Tuesday, January 3, 1989, at
7:30 p.m. in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
Kent Rose, Mayor
John Slevin, Mayor Pro Tem
Eric Affeldt
Michael Cacioppo
Merv Lapin
Gail Wahr1ich-Lowenthal
Tom Steinberg
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 anniversary award to Alex Gordon. Ron Phillips gave
~~brief background information on Alex, who is a Golf Course Specialist with the Vail
Metropolitan Recreation District. Pat Dodson said a few words of praise, and Mayor
Rose thanked him for his hard work and years of service.
The next order of business was the approval of the minutes from the December 6 and
20, 1988 meetings. Merv Lapin made a motion to approve the minutes, with Tam
Steinberg seconding. There was no discussion by Council or the public. A vote was
taken and the motion passed unanimously 7-0.
The third order of business was Ordinance No. 39, Series of 1988, second reading,
regarding daily special boards. Mayor Rose read the full title of the ordinance.
Peter Patten noted there were no changes made since first reading, with the
exception of a typographical error at the bottom of page 1. There was no other
discussion by Council or the public. Gail Wahrlich-Lowenthal moved for approval of
Ordinance No. 39, and Eric Affeldt seconded. At this time, Mike Cacioppo requested
the ordinance be tabled until the next Evening Meeting so that he could bring back
from Las Vegas brochures on backlit boards and their attractiveness. Larry Eskwith
suggested to proceed with the vote, and that the ordinance could be amended at any
time. Afterwards, there was some discussion on chalk boards vs'. white plastic
boards, and their attractiveness. A vote was taken and the motion passed 5-2, with
John Slevin and Mike Cacioppo opposing.
~~ 1988 second readin
The next topic discussed was Ordnance No. 40, Series of g,
repealing and reenacting Chapter 18.46, Special Development District No. 4, Cascade
Village. The full title was read by Mayor Rose. Kristen Pritz explained the three
changes made to the ordinance since first reading:
1. The requirement that the developer record the conditions of approval for
areas A and D was added in Section 18.46.210 C4 and 18.46.210 D7.
2. The fireplace number shall be controlled by 8.28.030 of the Town of Vail
Code. The requirement is in Section 18.46.200 C of the ordinance.
3. The employee housing shall be restricted far 20 years plus the life of
Tiffany Christine Lowenthal instead of fifteen years. This change is in Section
18.46.220.
After a short discussion by Council, Eric Affeldt made a motion to approve the
ordinance on second reading, which Tom Steinberg seconded. A vote was taken and the
motion passed 6-1, with Mike Cacioppo opposing.
_.~.The fifth order of business was Ordinance No. 1, Series of 1989, first reading,
mooning the property commonly known as the Ulbrich property to Flillside Residential.
Mayor Rose read the fu11 title of the ordinance. Rick Pylman gave background
• •
information on the property and Hillside Residential zoning. He stated the
applicant had applied for this type of zoning, and the staff recommended approval.
He then reviewed the criteria used in evaluating the request:
~. Suitability of existing zoning.
2. The amendment would present a convenient, workable relationship among land
uses consistent with municipal objectives.
3. The rezoning proposal would provide for growth of an orderly and viable
community.
After a short discussion among Council and Jay Peterson, Merv lapin made a motion to
approve the ordinance, which was seconded by John Slevin. A vote was taken and the
motion passed unanimously 7-0.
At this time, there was discussion on the areas of the Town which were still not
reannexed.
There was no Citizen Participation.
Mayor Rose remarked there had been an Executive Session at the Mork Session that
afternoon relating to }.989 compensation for the Council's employees. He stated the
Council would like to continue that Executive Session with Ron Phillips and tarry
Eskwith.
--,r-:,,
:There being no further business, the meeting was adjourned at 8:25 p.m.
Respectfully submitted,
1 ~
ICent'R. Rose, Mayor
ATTEST:
~ ~a~ • ~~rQ.tit-c~fu+.r.~.~u~.~
;Pamela A. 8randmeyer, Town Clerk
Miriiates takert~ by Brenda Chesman
_ ~ „
-2-
-,
~~~ti •i ••
MINUTES
VAIL TOWN COUNCIL MEETING
JANUARY 17, 1989
7:30 P.M.
•
A regular meeting of the Vail Town Council was held on Tuesday, January 17, 1989, at
7:30 p.m, in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
MEMBERS ABSENT:
TOWN OFFICIALS PRESENT:
Kent Rose, Mayor
John Slevin, Mayor Prn Tem
Eric Affeldt
Michael Cacioppo
Merv Lapin
Gail Wahrlich-Lowenthal
Tom Steinberg
Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
The first order of business was Ordinance No. 1, Series of 1989, second reading,
zoning the property commonly known as the Ulbrich property to Hillside Residential.
Mayor Rose read the full title of the ordinance. Rick Py1man stated the only change
was a clarification of the legal description. There was no other discussion. Merv
Lapin made a motion to approve the ordinance on second reading, and Eric Rffeldt
seconded. A vote was taken and the ordinance passed unanimously 5-0.
The next item was Ordinance No. 2, Series of 1989, first reading, relating to bed
and breakfast operations. The foil title of the ordinance was read by Mayor Rose.
Peter Patten commented this ordinance would amend the zoning code to allow bed and
breakfast operations in town. He reviewed the ordinance and what it would change in
the zoning code and the regulations proposed. Ile then stated he wanted to add two
more requirements, nos. 4 and 5, to those shown on page 2, Section 4B:
4. A maximum of one residential nameplate sign shall be allowed according to
Section 16.20.130 of the sign code for each bed and breakfast.
5. If the lot or site of the proposed bed and breakfast operation contains
two dwelling units, the written approval of the bed and breakfast proposal by the
owner of the other dwelling unit on the site shall be submitted with the application
fora conditional use permit.'
He then reviewed the conditional use criteria used in examining and developing the
ordinance. Peter stated staff's recommendation was far approval and explained why.
He also noted the Planning and Environmental Commission voted unanimously 6-0 to
approve the changes. There was then some discussion by Council regarding problems
with the bed and breakfast operations and conditional use zoning. Kathy Eagan of
Reservation Services in Vail asked a question regarding her being the only permanent
resident in her condominiums and why wouldn't she be able to operate a bed and
breakfast, to which Peter and Council responded parking problems, close living
quarters with other residents. Peter commented that he had found in his research
other areas distinguished a difference between short-term rentals and bed and
breakfast operations. Larry Eskwith noted that right now bed and breakfast
operations were being operated in a vacuum, and this ordinance would make them
legal. Council asked Larry to look into abandonment clause to see if the approvals
would expire periodically every three or five years. There was then much discussion
regarding abandonment would occur if the operations were not used for twelve
consecutive months and if everyone in the condominium units should sign off on the
approvals or by a 75 percent vote. It was also discussed the condominium
declarations would dictate this decision. Chuck Crist commented he felt approval by
the Town could be given if the applicant brought in a letter from the condominium
association indicating their approval and that sufficient parking would be
available. Mike Cacioppo requested "or his agent" be added to Section 4.A., line 3,
__ after °proprietor". At this time Mike Cacioppo made a motion to approve the
ordinance with the following amendments:
-~ ~ 1~' k
. i ~ • •
1. Add language that a conditional use permit should be issued for non-
conforming use.
2. Amend the ordinance to include multi-family dwellings, and to require a
vote of the condominium association to allow the operations.
3. Change language in Section 4.A. to "proprietor or his agent lives ..."
4. Add items 4. and 5. to Section 4.B.
Merv Lapin seconded the motion. A vote was taken and the vote failed 3-2, with Eric
Affeldt, Mayor Rose, and John Slevin opposing. Eric Affeldt then made a motion to
approve the ordinance with the following amendments:
1. Add items 4. and 5. to Section 4.8.
2. Change language in Section 4.A. to "proprietor or his agent lives ..."
He also directed staff to come prepared at second reading to further discuss
abandonment and multi-family dwelling issues.
John Slevin seconded the motion. A vote was taken and the motion passed unanimously
5-O.
The third item on the agenda was Ordinance No. 3, Series of 1989, first reading,
relating to increasing the charges for impounding dogs. Mayor Rose read the full
title of the ordinance. Larry Eskwith stated the leash law applies to all of Town
of Vail. Also, Council had requested earlier to raise the fees, which is what this
ordinance does. Dick Duran then answered questions from Council. Merv Lapin made a
-.~ motion to approve the ordinance, which was seconded by Mike Cacioppo. A vote was
taken and the motion passed unanimously 5-0.
The next order of business was Ordinance No. 4, Series of 1989, first reading,
designating signs on hat air balloons for special events be exempt from the Vail
sign code. The full title was read by Mayor Rose. Larry Eskwith stated the
ordinance would allow signs on balloons, but the ordinance would apply restrictions,
and he then reviewed them. After some discussion by Council, Mike Cacioppo
requested the first sentence of Section 1.4. be deleted requiring the balloons be
tethered to the ground. Tom Davies agreed with Mike and explained why. Dick Duran
felt it was unsafe to attach them to buildings, to which Mike and Tom disagreed.
There was then more discussion on the length of time a balloon would be up. Tom
asked if Payne Weber held a convention in town next March, would it be allowed, to
which members of Council replied, balloons could be allowed only for special events
and it would require approval by the organizing body. At this time there was some
discussion regarding hot air balloons being used for private advertising or for
special events only. It was agreed that no one wanted free flying signs hanging
under the balloons. A motion to approve the ordinance with the deletion of the
first sentence of Section 1.4., and adding "with the exceptions of the LionsHead
Parking Structure and the Vail Village Parking Structure" to the second sentence of
Section 1.4., was made by Eric Affeldt. There was some discussion on insurance
coverage and liability, to which Tom Davies stated it should read "aircraft
liability insurance" and not "public liability insurance", and in an amount of not
less than five hundred thousand and not more than one million dollars. Mike
Cacioppo seconded the motion. A vote was taken and the motion passed unanimously
5-0.
The fifth item was Resolution No. 1, Series of 1989, setting the Town of Vail deck
space rental rate. Larry Eskwith stated this puts in resolution form the fee
charged by the Town of Vail. John Slevin made a motion to approve the resolution,
which Eric Affeldt seconded. A vote was taken and the motion passed unanimously
5-A. Merv Lapin asked Larry to check into if turning public property into
commercial use should be included on the tax rolls.
The next item for discussion was Resolution No. 2, Series of 1989, temporarily
extending the terms of the Planning and Environmental Commission and the Design
Review Board members for two weeks. There was no discussion by Council or the
public on this item. A motion to approve the resolution was made by Merv Lapin and
seconded by Jahn Slevin. A vote was taken and the motion passed unanimously 5-O.
Action on the Colorado Ski Museum lease agreement was the next item. After a short
discussion, Merv Lapin made a motion to approve the agreement as presented, which
John Slevin seconded. A vote was taken and the motion passed unanimously 5-0.
There was no Citizen Participation.
-2-
.~
-"tk i • i •
At this time, Mayor Rose noted that for the work the Town of Vail employees had done
during the holiday rush and the extra effort done and still required for the World
Championships, Council wanted to award employees far their extra effort by
purchasing 275 tickets for employees to attend the Beach Boys concert. The cost
would approximately be in the neighborhood of six thousand dollars. Merv Lapin
commented he wanted to give spouses tickets, too. Ron phillips suggested if Council
did that, to give single employees an extra ticket each also, which would make the
total 55Q tickets at a cost of approximately eleven thousand dollars. Merv felt it
was the least Gouncil could do to thank the employees. Mike Cacioppo made a motion
to approve the expenditure, and Merv Lapin seconded. A vote was taken and the
motion passed unanimously 5-0. Ron stated for those who were required to work that
night, something equivalent would be given.
There being no further business, the meeting was adjourned at 9:25 p.m.
Respectfully submitted,
Kent Rose, Mayor
ATTEST: .
•
~?ame1~ A. $randmeyer, Town Clerk
Minutes taken by Brenda Chesman
•
-3-
~ ~
MINUTES
VAIL TOWN COUNCIL MEETING
FEBRUARY 7, 1989
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, February 7, 1989,
at 7:30 p.m. in the Council Chambers of the Vail Municipal 8ui1ding.
MEMBERS PRESENT: Kent Rose, Mayor
John Slevin, Mayor Pro Tem
Eric Affeldt
Michael Cacioppo
Merv Lapin
Gail Wahrlich-Lowenthal
Tom Steinberg
MEMBERS ABSENT: None
TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
The first order of business was Ordinance No. 2, Series of 1989, second reading,
relating to bed and breakfast operations. The full title of the ordinance was read
by Mayor Rose. Mayor Rose stated he wanted to clarify that this ordinance would
legalize bed and breakfasts; that it was not disallowing them. Peter Patten
commented he had been asked at first reading to further investigate the
discontinuance of bed and breakfasts upon lapse of operation and that Section 6 had
been added to address Council's concerns over existing multi-family bed and
breakfasts. Ne noted another of Council's concerns was bed and breakfasts in
multi-family dwellings. He asked Council to look at a memorandum he had given them
regarding research in various resort areas; several did not allow them in multi-
family developments, but a couple did allow them in higher density areas. Peter
went on to explain another issue at first reading had been about existing bed and
breakfasts. He proposed a new Section 7 to the ordinance which would grandfather
existing bed and breakfasts in multi-family dwellings granting approval as of the
date of approval of the ordinance. He then stated existing operations would have
to get a conditional use permit, and if they were located in a condominium, they
would have to get the condominium association approval and prove they have been in
operation, and apply by May 15, 1989. He then noted a typographical error on
Section 4 where old wording had not been crossed out. Peter stated staff
recommended approval with the changes noted. Joan Norris remarked she was
concerned over bed and breakfasts getting too commercial. Susie Bird questioned
short-term rental and bed and breakfast operation differences, to which Peter
explained in detail. Larry Eskwith addressed some legal technicalities brought up
by the Council. Jack Rush, speaking as a representative of a condominium
association, asked for clarification of two sections of the ordinance. There was
some discussion by Council and Ron Phillips as to what the ordinance would do.
Joan Norris questioned the parking requirements in the ordinance. Mike Cacioppo
asked if the ordinance could be redrafted to be mare general in nature. Jim Lamont
reviewed bed and breakfast zoning history up to this point, his perception of the
ordinance and its shortcomings, and gave recommendations on what he felt Council
should do. Gail Wahrlich-Lowenthal responded why this language was brought up by
Council in the first place. There was much discussion by Council and Larry Eskwith
over the language of the ordinance and if the Town really needed it. Mike Cacioppo
made a motion to deny the ordinance as it was too restrictive and unenforceable.
John Slevin seconded. Peter Patten explained why he felt the ordinance was good
and should be approved. Mike Cacioppo withdrew his original motion and made
another motion to table the ordinance for one month. Kathy Fagan remarked she was
not there as a negative force. Mike then clarified his motion to table the
ordinance for four weeks with direction to staff to restudy and address the multi-
family dwelling issue, the appellate process, the parking issue, and the business
license issue. John Slevin seconded the motion. A vote was taken and the motion
passed unanimously 7-O. At this time, Peter asked for more clarification on the
multi-family dwelling issue, to allow bed and breakfasts; short term rental
regulations compared to the bed and breakfast regulations and can they be combined
to a degree; work on parking issue, i.e., change wording in ordinance to be more
~ «
i •
general, like provide the necessary number of spaces totally or proposed for
intended use; check into business license ordinance to reflect short-term rental
rates, which are currently the lowest figure in the schedule. Mike Cacioppo a1 so
asked that home occupation Zone 1 and Zone 2 figures be looked at, and the multi-
family use be by right, conditional use, or by permit. John Slevin asked that no
nameplate signs be allowed, that they should be handled like short-term rentals.
Joan Norris stated she was against making bed and breakfasts competitive and big
business. Paul Rondho gave a few suggestions on how he felt it should be handled.
The next item was a consent agenda of the following items:
A. Ordinance No. 3, Series of 1989, second reading, relating to increasing
the charges for impounding dogs.
B. Ordinance No. 4, Series of 1989, second reading, designating signs on hot
air balloons for special events be exempt from the Vail sign code.
Mayor Rose read the full title of each ordinance. Tom Steinberg questioned the cap
on the liability insurance for hot air balloons, to which Mike Cacioppo explained
Council was told that was the maximum anyone could get. Tom requested it be taken
out of the ordinance as times and costs change in the future. Merv Lapin made a
motion to approve both ordinances with the change on Ordinance No. 4, which Gail
~Jahrlich-Lowenthal seconded. A vote was taken and the motion passed unanimously
7-0.
_ Mayor Rose requested that items 3 and 4 on the agenda be switched to accommodate
• the citizens present to discuss item 4. Gouncil agreed.
The next item for discussion was the Vail Valley Medical Center request regarding
frontage road improvements. Peter Patten explained that during the process of the
Medical Center's proposed addition a major issue was of access on the frontage road
from the northeast corner of the Medical Center and the Doubletree Hotel. Because
the land belongs to the Doubletree, they made an agreement with the Medical Center.
A7 so, the Vail National Bank was desirous of amending their parking situation, too,
so they also joined in the agreement. He stated the Colorado Department of
Highways (CDOH) could deny the request, but would approve the access permit if a
fourth lane was made on the frontage road for access. This would affect the
accesses to the east and west of the ll.S. Post Office. Ray McMahan, representing
the Vail Valley Medical Center, felt they would be successful with an appeal for
three lanes an the frontage road; the parking structure would work; they have an
agreement with the Doubletree Hotel; and they are financing this. He stated they
were working on access to the frontage road from the parking structure and were
asking Council to direct the Planning Commission and Community Development to join
the Doubletree Hotel, Vail National Bank, and the Medical Center in the appeal
process. Ray then introduced Paul Powers, one of the new owners of the Vail
National Bank. Paul commented they fully supported the Medical Center's attempt,
and their new plan for the bank was to make the east access one way, parking places
in the front would be angled, and they would join the Medical Center in front of
the parking garage as the only access. He then reviewed the three suggestions the
CDOH had given them when the request was denied. They were: 1) the Town of Vail
abandon the two west accesses to the road from the Post Office; 2) the Doubletree,
Vail National Bank, and Medical Center parking garage have one main road to the
frontage road so there is one access point; and 3) removal of the super elevation
of the banking of the frontage road westerly on the north side of the frontage
road. Powers felt their plan fitted the plan codes of the CDOH and wanted the Town
to support their appeal. He then answered questions of Council and showed them a
map of the proposed plans. There was some discussion of what exactly CDOH wanted
in order to approve the plan. Paul made the Medical Center's position clear, and
that they were opposed to the fourth lane on the south side. Mayor Rose remarked
to Ray McMahan that he was opposed to the appeal process, that he would rather work
something out with the CDOH Grand Junction office. He complimented the property
owners on arriving on a placement of the parking structure, but the frontage road
issue was a part of a bigger problem than just this issue. He stated the Town had
32 people directing traffic one day during the holiday rush, and it was a community
issue to redesign the frontage road from Cascade Village to Ford Park. Mayor Rose
went on to suggest the Medical Center go to CDOH with this solution so they would
work with the Medical Center in the Grand Junction office, and the Town would work
with the CDOH on a total redesign of the frontage road from Cascade Village to Ford
• Park; he felt the issue needed to be addressed soon. Ray asked about the time
frame this would take, to which Mayor Rose replied the CDOH could commit to study
-2-
•
the redesign and in the meantime allow you to do this without changing the frontage
road until the study was done. Tom Steinberg agreed with Mayor Rose and requested
the Me~ica~ Center ~o put money in escrow to pay for their portion of the frontage
road changes. Ray McMahan felt this was getting off the subject and explained.
~~ Paul Johnston explained what Mayor Rose and Tom Steinberg had been saying. John
Slevin asked the Medical Center to commit to a special district or some form of
improvement of the frontage road. Ray felt he still wanted to go through the
appeal process with CDOH and wanted the Town to join them. Ron Phillips clarified
the Town's position. Ray clarified the Medical Center, Vail National Bank, and
Doubletree Hotel's position, and if the Town was not with them, then what was their
position. Eric Affeldt read a draft resolution he wrote regarding the Town
Council's stand, which basically stated the Town would agree to help the other
property owners with a long-term solution if the property owners would help the
Town with long-term solution with their fair share of financing the road changes.
Ray stated he was being prompted by some Board members to say yes. There was much
discussion regarding plans far financial commitment from all parties. Peter Jamar,
representing the Doubletree Hotel, felt everything was more confusing than it
needed to be and explained his feelings on the project. There was then more
discussion by all parties regarding planning and financial commitment. Eric read
his resolution again. Ray stated the resolution was fine with him, and he would
talk to Ron Phillips and staff later regarding steps to take with CDOH. Eric then
made a motion to adopt the resolution, and Merv Lapin seconded. There was some
discussion by Mike Caciappo and Erie Affeldt regarding the resolution and Mike's
concerns over the financial commitment by the other parties. Merv requested the
resolution be approved with instructions to staff that when the project goes before
the Planning and Environmental Commission for approval of a conditional use permit,
. that it be brought back before Council to define a dollar amount to put in escrow.
Eric revised his motion to approve the resolution be approved with instructions to
staff that when the project goes before the Planning and Environmental Commission
for approval of a conditional use permit, that escrowing funds for future
improvements be discussed. A vote was taken and the motion passed unanimously
7-0.
Paul Johnston then complimented the Town staff for their work on the World
Championships. Mayor Rose thanked Ray, Paul, and Peter for the work done, and the
Town would try to keep it on track.
The next item was action on the Vail Village Parking Structure expansion
preliminary engineering contract. Stan Berryman stated the Town had negotiated a
contract with Michael Barber Architecture Associates, and they were asking the
Council to review and make changes they wanted to the contract so it can be signed
and the project go forward. Stan reviewed the contract with the Council and
answered questions. Tom Steinberg thought the architects would investigate all
options, not just for approximately 400 cars. John Slevin requested a
representative of Michael Barber come up to discuss the services and plans, to
which Stan agreed. Eric Affeldt agreed with Tom and John, and they needed
clarification on some planning and services. John wanted to know what the Town was
getting for its money; designs and recommendations. Mike Cacioppo agreed the Town
needed more parking, but wanted to address the issue of controlling the growth of
the town; he did not like Vail Associates expanding, and felt it was not in the
best interests of the residents. Gail Wahrlich--Lowenthal agreed that day skiers
may not be in nur best interests, and that Council needed to talk to Vail
Associates regarding their plans, our plans, and try to curtail their efforts.
Merv Lapin agreed, but did not want to let things deteriorate with Vail Associates
like what happened in Aspen. He requested Council meet with Vail Associates soon
before signing the agreement. Ron Phillips stated he would take care of setting it
up.
There was no Citizen Participation.
Tom Steinberg asked what was happening regarding some complaints on the snow
plowing. Ron Phillips replied that Public Works was taking care of it. Ron stated
the father of Yolanda Martinez, who attends battle Mountain High School, requested
Council help sponsor Yolanda to attend CLOSE-~7P, a week long government studies
program for high school students, which would take place in Washington, DC. He
stated he had informed Mr. Martinez Council usually did not provide those kinds of
sponsorships and asked if Council agreed, which they did. Ron then noted there was
a 16.3 percent sales tax increase in December, 1988 over December, 1987. Also, the
Town ended the year with a 9.3 percent increase over the 1987 sales tax and 6.3
percent over what was budgeted for 1988. The real estate transfer tax for January,
-3-
k ~ '~
1989 was $331,Oa0; the Town had budgeted approximately one million dollars for the
year and took in 1/3 of the year`s budget in January. At this time, Gail Wahrlich-
Lowenthal wanted to second what Paui Johnston had said earlier; that for the World
Championships, she wanted to thank the community as a whole, Town employees, and
personally Ron Phillips and Kent Rose for their involvement. Kent Rose commented
he could not say enough about Ron's total involvement with the Werld Championships
and still taking care of his normal duties. Ron remarked he was proud to be an
employee of the Town and noted what an excellent job everyone was doing, especially
bus drivers, and fleet maintenance working until midnight. Stan Berryman stated
there had been an exceptional amount of intercooperation between the Town, Colorado
State Patrol, the Vail Valley Foundation, the volunteers, and everyone else; things
were very positive. Eric Affeldt requested a resolution which would recognize the
efforts of all entities be written up, signed by all Council members, and put in
the paper next week. Merv Lapin announced there would be a television translator
election later this year, and he wanted to get together with the lodging community
to discuss plans. Mike Cacioppo announced there would be a TV Translator Committee
meeting next Thursday, 12:00 p.m., at the Town of Avon.
There being no further business, the meeting was adjourned at 11:25 p.m.
Respectfully submitted,
~~ ~~ ~ C~~
• Kent R'. Rose, Mayol^ ~
ATTEST:
~. ~~~ iV . ~+vw(lJY1 t~ c,lt~J
Pamela A~. Brandmeyer, Town Clerk
N~in~ut~s -'~~~?en by Brenda Chesman
•
-4-
r
..• ~•..
M.- ~ fw 4 .._....
MINUTES
VAIL TOWN COUNCIL MEETING
FEBRUARY 21, 1989
7:30 P.M.
•
• i
A regular meeting of the Vail Town Council was held on Tuesday, February 21, 1989,
at 7:30 p.m. in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
MEMBERS ABSENT:
TOWN OFFICIALS PRESENT:
Kent Rose, Mayor
John S7evin, Mayor Pro Tem
Eric Affeldt
Michael Cacioppo
Merv Lapin
Gail Wahrlich-Lowenthal
Tom Steinberg
None
Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
The first order of business was approval of the minutes for the January 3 and 17,
. 1989 meetings. There was no discussion by Council or the public. Merv Lapin made a
motion to approve bath minutes, which was seconded by Eric Affeldt. A vote was
taken and the motion passed unanimously 7-0.
The next item was Ordinance No. 5, Series of 1989, first reading, requesting to
rezone a 0.32 acre parcel of land at 2998 South Frontage Road West from the current
Residential Cluster zone district to the Primary/Secondary Residential zone
district. Mayor Rose read the full title of the ordinance. Mike Mol1ica gave
background information on the request, explained the criteria used in evaluating the
requested zone change, and why staff recommended approval. He also noted the
Planning and Environmental Commission voted unanimously to approve the zone change
conditional on the Council granting the change. Mike and Peter Patten then answered
questions of Council. After some discussion, Tom Steinberg made a motion to approve
the ordinance on first reading. Gail Wahrlich-Lowenthal seconded. A vote was taken
and the motion passed unanimously 7-0.
The third item on the agenda was appointments to the Design Review Board and the
Planning and Environmental Commission. Council voted Ned Gwathmey and Jamie
McCluskie fnr two year terms and Patricia Herrington for a one year term on the
Design Review Board. Council then voted Sidney Schultz, Kathy Warren, and Charles
Crist for two year terms on the Planning and Environmental Commission.
• The next order of business was action on a vacation of utility easement for the U.S.
Post Office. Larry Eskwith explained background information regarding the vacation.
Peter Patten than answered questions of Council regarding the vacation. Peter
stated the new Post Office bus stop had not yet been approved by the State or the
U.S. Postal Service; staff had just recently submitted their third proposal and had
not received a response yet. After same discussion by Council, Larry Eskwith agreed
that Council could table the easement vacation until more is known of the Postal
Service position on the bus stop and the retail facility. Larry noted he had
requested a representative from the Postal Service to be present but evidently they
had chosen not to show. After more discussion by Council, Tom Steinberg made a
motion to table the item until a representative from the U.S. postal Service could
be present to answer questions. Eric Affeldt seconded the motion. A vote was taken
and the motion passed unanimously 7-0.
There was no Citizen Participation.
At this time, Gail Wahrlich-Lowenthal asked if there had been any interest by the
Postal Service yet regarding retail space in town, to which Ron Phillips responded
only that they said they would look into it. There was more discussion by Council,
Ron, and Peter Patten on private enterprise doing the jab.
C,
J
s.
There being na further business, the meeting was adjourned at 8:15 p.m.
Respectfully submitted,
•
Kent R. Rose, Mayor
ATTEST:
~. ~vtcJd~vR.P,~.r~
amela A. 8randmeyer', Town Cleric
Minutes taken by Brenda Chesman
•
•
-2-
.~._ ~ •
~~
DESIGN REVIEW BOARD
(Please select 3)
1i ~ _ Anne Fitz
~~ ~ Ned Gwathmey
~~~ Patricia Herrington
Joseph Matyk
Jamie McCluskie
Fitzhugh Scott
PLANNING AND ENVIRONMENTAL GONfMISSION
(Please select 3}
Charles Crist
Susan Fritz
Chris Neuswanger
Sidney Schultz
Fitzhugh Scott
Kathy Warren
~- ~ •
DESIGN REVIEW BOARD
(Please select 3}
Anne Fitz
n
U
Ned Gwathmey
~~~ Patricia f~errington
Joseph Matyk
Jamie McCluskie
Fitzhugh Scott
PLANNING AND ENVIRONMENTAL COMMISSION
{please select 3)
Charles Crist
Susan Fritz
Ghris Neuswanger
Sidney Schultz
Fitzhugh 5catt
Kathy Warren
~~ i i
~~
DESIGN REVIEW BOARD
{Please select 3)
•
j~ Anne Fitz
Ned Gwathmey
~1~~~ Patricia f~errington
Joseph Matyk
Jamie McCluskie
Fitzhugh Scott
PLANNING AND ENVIRONMENTAL COMMISSIdN
(P1 ease select 3)
Charles Crist
Susan Fritz
Chris Neuswanger
Sidney Schultz
Fitzhugh Scott
Kathy Warren
~, ,~ w~ .
r
DESIGN REVIEW 80ARD
(Please select 3)
•
Anne Fitz
Ned Gwathmey
Patricia Herrington
Joseph Matyk
Jamie McCluskie
Fitzhugh Scott
~i
PLRNNING AND ENVIRONMENTAL COMMISSION
(Please select 3)
1 ~ ~ ~ Charles Cri st
Susan Fritz
Chris Neuswanger
~p .(,~~ > Sidney Schultz
1~~~ Fitzhugh Scott
~~ Kathy Warren
~ !~ }
DESIGN REVIEW BOARD
(Please select 3}
s
Anne Fitz
Ned Gwathmey
Patricia i~erringtan
Joseph Matyk
Jamie McCluskie
Fitzhugh Scott
-------------------------------------------w_-~___-_~-___~_----_...._.._w...._..__....__..__--__
PLANNING AND ENVIRONMENTAL COMMISSION
{Please select 3}
1~~
~l~f ,~ Charles Crist
Susan Fritz
Chris Neuswanger
Sidney Schultz
~« Fitzhugh Scott
Kathy Warren
'F ~~ •
MINUTES
VAIL TOWN COUNCIL MEETING
1~ARCFf 7, 1889
7:30 P.M.
i
A regular meeting of the Vail Town Council was held on Tuesday, March 7, 1,989, at
7:30 p.m. in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
Kent Rose, Mayor
John Slevin, Mayor Pro Tem
Eric Affeldt
Michael Cacioppo
Merv Lapin
Gail Wahrlich-Lowenthal
Tom Steinberg
MEMBERS ABSENT:
TOWN OFFICIALS PRESENT:
None
Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
The first order of business was ten year employment anniversary awards to Cathie
i Jarnot, Brian Terrett, and Cyrus "Buck" Allen. Ron gave brief background
information on Cathie Jarnot, Personnel Assistant for the Administrative Services
Department, and presented her with a Vaii pendant. Charlie Wick commented Cathie
was the right hand person to the Department Heads for personnel issues and
commended her on her years of hard work. Ron then stated information on Brian
Terrett, Community Relations and Public Education Officer for the Police
Department. Chief Ken Hughey remarked that Brian's level of creativity was unique
and Ken was glad to have him. Mayor Rose added that Brian worked with the children
at area schools and presented a good image for them. Ron then gave information on
Buck Allen, Municipal Judge. Mayor Rose thanked all three for their hard work.
At this time, Bob Krohn of the Vail Valley Foundation, stated he and Bob Knous were
very happy about what the Town of Vail did to make the World Rlpine Ski
Championships a success. He then read a statement thanking the Town employees for
their hard work and going the extra distance to make the Championships a success.
He then noted Town employees critical to the success - Kristen Pritz, Pete Burnett,
Stan Berryman, Ron Phillips, and Ken Wughey.
The second item on the agenda was the approval of minutes of the February 7 and 21,
1989 meetings. There was no discussion by Council or the-public." Eric Affeldt
made a motion to approve the minutes, and John Slevin seconded. A vote was taken
• and the motion passed unanimously 7-0.
The next item on the agenda was Ordinance No. 2, Series of 1989, second reading,
regarding bed and breakfast operations. Mayor Rose read the full title of the
ordinance. Mayor Rose stated this item and also item 8 on the agenda, the request
for variances to allow far the construction of a primary/secondary residence at 342
Mill Creek Circle, would be tabled this evening. There was no discussion by the
public or Council. A motion to approve the tabling of these two items was made by
Gail Wahrlich-Lowenthal and seconded by Mike Cacioppo. A vote was taken and the
motion passed unanimously 7-0.
The fourth order of business was the Eagle County Commissioners' presentation
regarding the bond election to be held March 2i, 1989. Dick Gustafson presented a
basic outline of what the band election would cover and the Commissioners would
answer questions regarding the new Administration building, Justice Center
expansion, and the Fairgrounds Indoor Event Center. Jim Morter of Morter
Architects, hired by the Council, reviewed the Administration building plans. Jim
Fritz and Judge Hart explained the reasoning for the Administration building and
Justice Center expansion and gave a slide presentation. Dick Gustafson then
reviewed the plans for the Fairgrounds Indoor Event Center. Stan Bernstein
discussed the financial aspects of the general obligation bands, and Don Welch
explained the plans to pay off the debt. Bud Gates discussed where the funds would
come from and then reviewed the voter eligibility requirements. The Commissioners
~` ~ ~
then answered questions of the Council and public. Dick Gustafson invited the
Council to attend one of their meetings and would appreciate a petition of support
from the Council on their plans.
The next item for discussion was Ordinance No. 5, Series of 1989, second reading,
• requesting to rezone a parcel of land at 2998 South Frontage Road West from the
current residential cluster zone district to the primary/secondary residential zone
district. Mayor Rose read the full title of the ordinance. At this time, Mike
Cacioppo left the room. Mike Mollica gave brief background information on the
rezoning request. He noted the Planning and Environmental Commission unanimously
recommended approval, that no changes had been made since first reading, and staff
recommended approval. There was no discussion by the public or Council. Eric
Affeidt made a motion to approve the ordinance, which was seconded by John Slevin.
A vote was taken and the motion passed unanimously 6-0.
Mike Cacioppo returned.
Mayor Rose doted that items 6 and 7 would be reversed since the majority of the
audience was present for item 7.
The next item was an appeal of the Planning and Environmental Commission decision
to approve a request for a conditional use permit for an addition to the Vail
Valley Medical Center (VVMC) and parking structure. Kristan Pritz introduced the
item. Dan Feeney gave background information of the VVMC expansion and how it came
about, reviewed drawings of the proposed expansion, explained how the operations
would be improved, and answered questions of Council. Kristan discussed changes to
. the Frontage Road proposal. David Leahy reviewed the drawings showing the Frontage
Road as it is today and gave background information. He explained the problems
with the road today, then discussed the proposed changes and how they would correct
the problems. He stated they would be sending the proposal in to the Colorado
Department of Highways soon and were told there would be a decision within two
weeks. David commented he expected approval from the State. He then answered
questions of Council. Peter Jamar, representing Uail Holdings, owners of the
Doubletree Hotel, gave background information on their expansion and relayed their
concerns. He remarked they worked through the details and came up with the mast
acceptable plan which the Doubletree supported, and requested the Council to
approve the plan so they could move forward. Sydney Schultz, representing the Vail
National Bank, then answered questions of Council. Gail Wahrlich-Lowenthal
commented she had a problem with the parking situation at the Vail National Bank
and asked that the Bank look at incorporating their parking in the Hospital
structure. Kristan began discussing the conditional use permit request and staff's
position, referring to staff's memo to Council dated March 7, 1989, page 6. She
reviewed the Zoning Analysis statistics, reviewed the criteria used in evaluating
the proposed changes, then remarked on staff`s recommendation with six conditions.
She noted the Planning and Environmental Commission moved for approval with these
and an additional five conditions, which was passed 4-2 with one abstention. Peter
Patten and Kristan then answered questions of Council. Ben Bartell remarked about
i his concerns over the traffic flow on West Meadow Drive, to which Peter Patten
responded. Blondie Uucich, representing the local Humane Society, stated their
concerns aver a possible animal testing research lab in the VVMC expansion. They
were requesting Council to find out if there would be a lab or not and hopefully
have Council take a stand. Ray McMahan responded the VVMC would be dealing with
Dr. Steadman as a tenant; he was not sure about a lab, but any conditions the VVMC
must meet for Council approval would be fine with them, Dan Feeney commented on
nos concerns, ou-c noLea Gne Uvl~ll. vuar~u rrau mac. car i ,cr aria uy~ ~~u ~~
conditions. Mayor Rose stated he was prepared to approve the request, but would
like the ambulance garage moved as soon as possible over the next couple of years.
There was much discussion by Council, Peter, Kristen, and Ron Phillips regarding
parking on the west side of the VUMC and the traffic flow on West Meadow Drive.
Peggy Osterfass requested the VUMC da traffic counts on West Meadow Drive after the
expansion was completed; Ray McMahan responded they would comply with this request.
There was more discussion by the public. Diana Donovan discussed her concerns aver
the expansion. Merv Lapin made a motion to uphold the Planning and Environmental
Commission decision with all of staff's and the PEC's conditions, along with the
conditions of 1} any usage of live animals for research in the facility must go
through the conditional use permit process; 2) the VVMC would conduct parking
utilization and traffic surveys with advice from the Community Development
Department an how to conduct the analysis. The study is to be completed within
one year after the expansion was finished to determine use patterns of the
Hospital's parking and to indicate any impacts on West Meadow Drive traffic; and 3}
-2-
,.~ i
~ _.
there would be no remonstrations against a spacial development district for
improvements on the South Frontage Road or West Meadow Drive. Mike Cacioppo
seconded the motion. A vote was taken and the motion passed unanimously 7-~.
The seventh order of business was Ordinance Na. 7, Series of 1989, first reading,
• regarding the Special Development District No. 14 for the Doubletree Hotel. The
full title of the ordinance was read by Mayor Rose. Rick Pylman gave background
information on the SDD request and answered questions of Council. He reviewed the
1986 5DD which had lapsed, the proposed SDD and modifications from the 1986 SDD.
He then reviewed the considerations in evaluating the proposal and staff
recommendation was for approval with several conditions as noted in Section 10 of
the ordinance. Rick then answered questions of Council. After snme discussion by
Council, staff, and Peter Samar, Eric Affe1dt made a motion to approve the
ordinance. The motion was seconded by Mike Cacioppo. A vote was taken and the
motion passed 5-2, with Merv ~.apin and Tom Steinberg opposing.
The next item was Ordinance No. 6, Series of 1989, first reading, amending the
Town of Vail investment policy. Mayor Rose read the full title of the ordinance.
There was minimal discussion by Council. A motion to approve the ordinance was
made by Eric Affeldt and seconded by John Slevin. A vote was taken and the motion
passed unanimously 7-0.
There was no Citizen Participation.
There being no further business, the meeting was adjourned at 12:50 a.m.
. Respectfully submitted,
-f/4~
Kent R. Rose, Mayor '
ATTEST:
Pamela A. Brandmeyer, Town Clerk
Minutes taken by Brenda Chesman
-3-
..,
~- ~.F --.
•
MINUTES
VAIL TOWN COUNCIL MEETING
MARCH 21, 1989
7:30 P.M.
i
A regular meeting of the Vail Town Council was held on Tuesday, March 21, 1989, at
7:30 p.m. in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
Kent Rase, Mayor
John Slevin, Mayor Pro Tem
Eric Affeldt
Michael Cacioppo
Merv Lapin
Gail Wahrlich-Lowenthal
Tam Steinberg
MEMBERS ABSENT:
TOWN OFFICIALS PRESENT:
None
Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
The first order of business was Ordinance No. 2, Series of 1989, second reading,
. regarding bed and breakfast operations. Mayor Rose read the full title of the
ordinance. Peter Patten stated that February 21st the ordinance was tabled for
revisions according to the Council's direction. He then reviewed the changes made
and noted new Sections 4-16. Some of the revisions were that the parking was
revised so there were no requirements over and above than required as normal; signs
would not be allowed (stated in Section 17 8.4.); and written approval would have to
be given by jointly owned property driveways/parking spaces so the joint owner has
some say so over how the property would be used. There was some discussion by
Council over the latter issue. Peter noted Section 20 was added stating a Planning
and Environmental Commission conditional use permit decision could be appealed to
the Town Council. There was more discussion by Council. Peggy Osterfoss, of the
PEG, explained the reasoning behind the PEC's decisions, their concerns, and their
perspective of potential problems from the planning point of view. There was much
discussion by Council regarding the parking issue. Kathy Fagan stated she realized
there is a potential problem, but not everyone used a car. Larry Eskwith stated he
had been instructed to change the wording of B.S. A motion to send the ordinance
back to the PEC was made by Tom Steinberg and seconded by Merv Lapin. Eric Affeldt
commented he did not see the need to send the ordinance back to the PEC and asked
Peggy if the major problem the PEC had was with the multi-family parking; she
agreed. Merv Lapin remarked the Council had changed the ar~dinance drastically since
the PEC last saw the document and thought it should go back to the PEC for their
• input. Peggy Osterfoss thought it would be a good idea, that the PEC was not so
political and could look at things mare from a planning aspect instead of from a
political paint of view. Jim Lamont commented on his concerns regarding the
differences between short-term rentals and bed and breakfasts, but that he
appreciated the efforts and time everyone had put into this item. Trevor Bradway
stated he was concerned over owners not being present at their bed and breakfasts,
that most were run by agencies; he was also concerned with potential regulation
problems and wanted agencies licensed as required by state law. At this time, Tom
Steinberg amended his motion to deny the ordinance and send it back to the PEC to
review. Merv Lapin then seconded the motion. A vote was taken and the motion
passed 6--1, with Gail Wahrlich-Lowenthal opposing. Mike Cacioppo commented that
short-term units and bed and breakfasts require less parking than do long-term
rental units. Peter Patten then asked for clarification by Council on what the PEC
would be asked to look at. Merv Lapin replied the parking spaces needed and was
there actually a higher use than short-term rentals. Larry remarked bed and
breakfasts were included in the business license fee ordinance amendment, and asked
the Council to agree that a fee should or should not be paid. He then answered
questions of Council. Peter asked what zone areas did the Council have questions
about in regards to parking issues; Tom Steinberg replied Commercial Core I and i1
and multi-family. Me felt bed and breakfasts should be kept to lower density
areas.
r~
~ x_
The next item was Ordinance lVo. 7, Series of 1989, second reading, regarding Special
Development District ~Vo. 14 for the Doubletree Hotel. Mayor Rose read the full
title of the ordinance. Rick Pylman noted the copy of the ordinance the Council
received had two typographical errors, but the correct version was published in the
paper after first reading. He reviewed the corrections and why they were made.
. There was much discussion by Council and staff about gross residential floor area
(GRE'A) and zone densities. Jay Peterson, representing Vail Holdings, Ltd., owners
of the Doubletree, gave an explanation of the requested SDD density and referred to
the Master P1 an. He then gave detailed background information on the area and why
SDD's were good planning. Staff then answered questions of Council. Much
discussion ensued regarding hotel rooms converted to condominiums and the possible
attractiveness of the limited kitchens in the hotel rooms. Jahn Slevin asked that
Council look at the conversion process at an upcoming Work Session. Eric Affeldt
then made a motion to approve the ordinance on second reading, which Jahn Slevin
seconded. Gail Wahrlich--Lowenthal questioned the twenty year limitation, to which
Peter Patten replied that Council had decided that figure and he did not know
exactly why 20 years was chosen. John Slevin asked that Eric amend his motion to
add language regarding the conversion. Eric Affeldt amended his motion to include
language so hotel rooms would not ever be converted to condominiums at all. Jahn
Slevin then seconded the motion. Eric then remarked he was not excited about seeing
applicants come in with no present intention to actually do a development they are
requesting and that improvement does not automatically equal increased density. A
vote was taken and the motion passed 5-2, with Merv Lapin and Tom Steinberg
opposing.
The third item an the agenda was Ordinance No. 6, Series of 1989, second reading,
• amending the Town of Vail investment policy. The full title was read by Mayor Rose.
Charlie Wick gave brief background information on the ordinance. Eric Affeldt
suggested a Councilman sit on the Investment Policy Committee so Council would be a
little more comfortable. John Slevin stated his concerns over that suggestion, and
Eric withdrew his suggestion. At this time, a motion to approve the ordinance on
second reading was made by Eric Affeldt and seconded by Tom Steinberg. There was a
short discussion regarding certificates of deposit. A vote was then taken and the
motion passed unanimously 7-0.
The next order of business was Ordinance fro. 8, Series of 1989, first reading,
amending the business license ordinance. Mayor Rose read the full title of the
ordinance. Danielle Hild remarked there were only administrative changes made to
the ordinance; some items defined more clearly and correcting a few errors. It was
then discussed that Section 1 of the ordinance dealing with bed and breakfasts be
deleted. Merv Lapin left the room at this time. John Slevin had questions
regarding the real estate business licensing fees. Eric Affeldt made a motion to
approve the ordinance with the deletion of Section 1. Gail Wahrlich-Lowenthal
seconded. A vote was taken and the motion passed unanimously 6-0.
Merv Lapin returned.
The fifth item was the Gunn variance requests. Mayor Rase explained the applicant
had requested the item be tabled for another week. There was some discussion by
Council and the time frame was corrected to two weeks until the next Evening Meeting
April 4. John Slevin made a motion to table the item, which was seconded by Eric
Affeldt. A vote was taken and the motion passed unanimously 7-0.
The next item was the McCue variance appeal. Kristen Pritz explained there were
actually two requests for variance: 1) a side setback variance to add a deck, and 2)
a side setback variance to construct a second floor addition. She gave detailed
background information on bath requests. The expansion utilized the 250 square foot
ordinance. She reviewed the criteria used, the finding, and why staff recommended
denial. Kristen noted the Planning and Environmental Commission voted 3-3, which
results in a denial. Robert McCue explained what he was trying to da at his home
and why the variances were needed. He felt a precedent had been set by other
neighbors. He then distributed photographs of his residence and explained exactly
what they showed. Bill Pierce spoke on zoning issues regarding this subdivision and
reviewed the reasoning of the PEC members who voted yes for the variances. Mr.
McCue reviewed the findings and explained why he felt he was within the guidelines
and should be granted the variances. Both Mr. McCue and Mr. Pierce then responded
to questions and remarks by Council. After much discussion by Council, staff, and
the applicant, Merv Lapin made a motion to uphold the PEC decision of denial because
• of the finding the variance would be granting the applicant a special privilege.
-2-
i •
Mike Cacioppo seconded the motion. A rote was taken and the motion passed
unanimously 7-0. Mr. McCue thanked the Council for hearing him out.
There was no Citizen Participation.
There being no further business, the meeting was adjourned at 10:35 p.m.
Respectfully submitted,
Kent R. Rase, Mayor
ATTEST:
,Gv~ ~~i,triu.~'iY1t,Gt,{c.cu.~
Pamela A. Brandmeyer, Town Clerk
Minutes taken by Brenda Chesman
• ~~ ,,
~J
-3-
•
MINUTES
VAIL TOWN COUNCIL MEETING
APRIL 4, 1989
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, April 4, 19$9, at
7:30 p.m. in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
Kent Rase, Mayor
John Slevin, Mayor Pro Tem
Eric Affeldt
Michael Cacioppo
Merv Lapin
Gail Wahrlich-Lowenthal
Tom Steinberg
MEMBERS ABSENT:
TOWN OFFICIALS PRESENT:
None
Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
The first item on the agenda was the approval of minutes of the March 7 and 21,
. 1989 meetings. Eric Affeldt asked that clarification be given to a statement he
made concerning the special development district at the top of page 2, the March 21
minutes. The sentence was changed to read: Eric then remarked he was not excited
about seeing applicants come in with no present intention to actually da a
development they are requesting and that improvement does not automatically equal
increased density. Mike Cacioppo added he would like clarification on a comment he
made, also. This change was at the bottom of page 1, regarding bed and breakfasts,
on the March 21 minutes. The sentence was changed to read: Mike Cacioppo
commented that short-term units and bed and breakfasts require less parking than do
long-term rental units. There was no other discussion by Council or the public.
Eric Affeldt made a motion to approve the minutes as amended, and Tom Steinberg
seconded. A vote was taken and the motion passed unanimously 7-0.
The next order of business was a committee presentation for the proposed Television
Translator and Mosquito Control District. Mike Metcalfe, Assistant Chairman of the
Eagle Valley Television Translator Committee, gave an initial outline presentation
and introductions of the committee members. John Dunn presented the financial and
legal aspects of the district and answered questions. He stated the committee
would go before the Commissioners for a public hearing on April 1O, 1989. He
explained what the district would provide and reviewed the cost for the district;
he described the particular three stage procedure i;he group would go through far
• their master plan; and requested the Council to give an official position tonight
so they could plan the financial aspects accordingly. John Dunn, Jerry Davis, and
Larry Eskwith answered questions of Council. Jay Peterson, representing Heritage
Cablevision, and as a Vail citizen, explained if all of Vail or other areas were
not included, then of course others would have to cover all the costs; he
recommended everyone going to the Gounty Commissioners and telling them what we
want; he felt an existing government office could do it cheaper. Tom Steinberg
felt the proposal was not equitable to Vail. Mike Cacioppo commented why he felt
the district was a good idea and why he was for it; he felt if the Council did oat
let it go to a vote it would be a mistake. Rob Levine agreed. John Slevin
responded why he felt it would be a bad idea to go to election; that Vail should
ask to be excluded and have a town election, then if the citizens agreed, proceed
to join the district. Tom Steinberg agreed. Jerry Davis explained if the Town
pulled out, then the district is dead and the issue would not come up again. He
felt this was a county issue, not just Vail, and it was such a small amount of
money he did not see what the problem was. There was then some discussion by
Council over the pros and cons of being included in the district when not all of
the Town would be able to receive the signals until later. Don Hagan, a resident
of East Vail, remarked he was glad the Town was concerned about its citizens, the
the Town should send a letter to the Commissioners because he felt the district was
a bad idea; also, he felt the Council was well representing its citizens from what
. he had seen tonight. Mike Robinson felt it was time to do things valleywide, that
it was healthy, and he hoped the Council would vote far the district. Jay Peterson
~r ~
i
stated, in regards to a mill levy increase, that small amounts of money added up to
large amounts. Rob Levine commented that at three lodge meetings a vote had been
taken and all three times there was a unanimous vote for the district, and they
would like valleywide cooperation. Alan Best asked if the committee looked at any
other funding besides tax, to which John Dunn responded yes, and explained. It was
also asked if the Commissioners would not approve the district if Vail was not
included, to which John responded he did not know. John then made remarks that the
lower valley voters did not intend to beat up on Vail. Tom Steinberg felt there
were too many unanswered questions, too many loose ends, and that he was not
comfortable with the fact that there would be disproportionate taxes for Vail. He
asked Council to either block it or slow the process down until the Town of Vail
voters could vote. Gail Wahrlich-Lowenthal stated she was not thrilled with
layering on another special district, but recognized the committee had done all it
could do to this point. She felt the healthiest portion of the entire project was
the valleywide cooperation. She hoped they could delay the process because a major
portion of Vail would not enjoy the benefits, so she agreed with Tom. Gail also
did not understand Berry Creek Board's decision against involvement in the
district. Merv Lapin commented he was far it and the major reason was to let the
democratic process work. He did not disagree with Gail and Tam, but thought
Heritage Cablevision could use the competition. He was not happy with Heritage and
felt Vail extends to Red Cliff and Edwards. Mayor Rose explained he hoped if Uail
voted no, then the issue would be dead. He would not be supporting its citizens if
he voted for the district; Uail does not need another district; this item belongs
at the County level and felt everyone should go and tell the Commissioners;
therefore, he would oppose the formation of one tonight. John Slevin stated it was
unfortunate the County had decided to pass the buck, and that the hotels were
trying for bargaining position with Heritage far more reasonable fees. He felt the
issue needed to go back to the County, or he would support it if the Tawn could
have its awn local election and if the Town was guaranteed complete coverage. He
would vote no tonight. Mike Cacioppo felt the Council had no vision, and he would
vote yes so as to allow the citizens to vote on this issue. Eric Affeldt remarked
there were too many special districts now, but would agree to vote yes, that he
preferred to see it go to a public vote. He was opposed to the issue, but had no
problem with it going to a public vote. Mike Robinson stated there were no
additional funds, so if the Town did go to a vote, he hoped the Council would agree
to fund the rewriting of the service plan. Jerry Davis also commented he hoped the
Council would be willing to extend the cast if things were put on hold. Gail
responded she felt this was a fair request. Larry Eskwith stated a Town election
could be held as soon as May 9, 1989, but Council agreed they did not want an
election held in May. Mayor Rose asked one be held at a later date, which all of
Council agreed. Mike Cacioppo made a motion to support the efforts of the
Committee with its efforts to proceed with the district, which Merv Lapin seconded.
Eric Affeldt commented he wanted the motion to only allow the process to continue,
not that the Council was in support of the district. There was soma discussion by
Council regarding the Town's options. Mike Cacioppo then amended his motion to
include the committee would agree to delay the District Court hearing until the
Town of Vail had had an opportunity to hold a vote of its residents, with Merv
• Lapin amending his second. Eric Affeldt stated he was supporting the issue to
allow it to go to a vote only, he was not supporting or opposing it. Mike Cacioppo
amended his motion to state the Council was voting to support it to go to a
district wide election, and the Council would withdraw its opposition at the County
Commissioner level and would call an election of the Tawn of Vail citizens within
the next 60-90 days. Tom Steinberg seconded. A vote was taken and the motion
passed 6-1, with Mayor Rose opposing.
The third item on the agenda was Ordinance No. 8, Series of 1989, second reading,
amending the business license ordinance. Mayor Rose read the full title of the
ordinance. Larry Eskwith explained the only change made since first reading with
the exclusion of the bed and breakfast section. There was no discussion by Council
or the public. Tom Steinberg made a motion to approve the ordinance, which John
Slevin seconded. A vote was taken and the motion passed unanimously 7-O.
The fourth order of business was Resolution No. 5, Series of 1989, supporting
Denver for the 1998 Olympic Winter Games. Larry Eskwith stated the resolution was
self-explanatory in that Vail would be supportive of Denver holding the 1998 Winter
Games. Merv Lapin stated his concerns about Vail being a part of the Olympics, and
that the reality of being involved in one left a lot to be desired; he was also
concerned about crowds. Ron Phillips commented the Olympics Environmental
Committee would be holding a hearing here Monday, April 10, 7:30 p.m. in the
Council Chambers, so the committee could receive input from citizens regarding any
-2-
~" • •
environmental concerns. There was then some discussion of the similarity of venues
of the World Championships and the Olympics. A motion to approve the resolution
was made by Eric Affeldt and seconded by Mike Cacioppo. Eric felt it was a good
move for the Town of Vail to support the Olympic Games. A vote was then taken and
the motion passed 6-1, with Merv Lapin opposing.
There was no Citizen Participation.
At this time, Eric Affeldt stated he had received a call from Sylvia Blount of the
Vail Resort Association regarding whose 800 number to use on promotional material,
their's or the Beaver Creek Marketing Company's. She had requested Council to vote
whose number to use, that they only want one number. Eric felt he wanted VRA's
number at least on the material, to which the rest of Council agreed. Charlie Wick
commented the Marketing Board wanted the best call-to-action number to bring
business to the Vail Valley, and he would pass this information on to the Marketing
Board. Mayor Rose remarked he had heard complaints regarding the VRA 800 number,
to which Rob Levine responded he was aware of the problem and they were in the
process of taking care of it.
Mike Cacioppo stated since it was time to review the Heritage franchise agreement,
he wanted copies of other franchise agreements to compare to our proposed
agreement, to which Larry Eskwith responded he had used many franchise agreements
to come up with our proposed agreement, and he had also used franchise attorneys.
There was same discussion of Council's avenues. It was decided the item would be
discussed first at a Work Session, then presented at a public Evening Meeting
sometime in June.
• Mayor Rose announced the Eagle County Board of Commissioners would be holding a
public hearing in Vail Tuesday evening, April 11, 7:30-9:00 p,m. in the Council
Chambers for anyone interested.
Charlie Wick announced the Recreation Task Force would like to meet with Council
April 24 at 7:30 p.m., and with the Marketing Board at 5:00 p.m. He stated April
17 was a better day for the Commissioners, and that he would try to work out the
details.
Ron Phillips commented Wednesday, April 12, he and Department Heads would be
holding a pancake breakfast for the Town employees in appreciation of their hard
work this winter. It would be held at the Golf Course Restaurant 7:00-9:30 a.m.
He asked Council members to attend and mingle with the employees.
Ron then noted Peter Patten would be having back surgery this coming Friday, that
Peter had been in a lot of pain. Peter would be in the hospital for 4-5 days and
then home for 2-3 weeks total if things go well. He would be at St. Luke`s
Hospital in Denver for the surgery.
There being no further business, the meeting was adjourned at 10:50 p.m.
Respectfully submitted,
Kent R: Rose, Mayor
ATTEST:
~~~ ~. w~
Panela A". Brat~dmeyer, own Clerk
Mi nut~~3 "i:ak~rt by Brenda Chesman
-3-
~ ~ ~~ • •
MINUTES
VAIL TOWN COUNCIL MEETING
APRIL 18, 1989
7~3Q P.M.
A regular meeting of the Vail Town Council was held on Tuesday, April 18, 1989, at
7:30 p.m. in the Council Chambers of the Uail Municipal Building.
MEMBERS PRESENT:
MEMBERS ABSENT:
Kent Rose, Mayor
John Slevin, Mayor Pro Tem
Eric Affeldt
Michael Cacioppo
Merv Lapin
Gail Wahrlieh-Lowenthal
Tom Steinberg
None
TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
The first order of business was a ten year employment anniversary award for Joanne
• Mattio. Ron gave background information on Joanne and presented her with a Vail
pendant. Pat godson said a few words regarding the hard work she has done over the
years and how much he appreciated her; Mayor Rose also expressed the Council's
appreciation.
The next item was a discussion with representatives from the Eagle Valley Television
Translator Committee, Mike Robinson, representing the Committee, reviewed the
background of the last meeting with Council and later Committee Board meetings. Fie
then reviewed amendments to the service plan the Cnmmittee had made and asked if
Council would consider changing their agreement with the Committee and not require
an election of Town of Vail citizens so the district plans could go forward to the
District Court as quickly as possible. Eric Affeldt questioned the legality of the
drop out clause discussed at the Commissioners public hearing last week, to which
Larry Eskwith replied the legality of it was questionable and explained why. Eric
asked why the rush, to which Mike Robinson stated the Committee wanted to get it set
up so some can receive the signals this year and he had not seen any movement by the
Town toward holding an election. Mike Cacioppo agreed, and believed with the two
amendments to the service plan the questions of Council had been answered and
therefore there was no need for a local election. There was. some. discussion on the
wording of the motion, if the district would be a non-profit or profit organization,
and problems with the exclusion period. Tam Steinberg commented he thought the
. Council had decided to wait until the County Commissioners voted, then Vail would
set an election date, and expressed concern over how citizens would be notified of
the exclusion period and problems with the application process. Mike Robinson
agreed that was what the Council had agreed to at the last meeting. Mike Cacioppo
said he was very comfortable since Vail would probably hold 50-60% of the vote to
let it go to a district election only. John Slevin agreed with Tom's remark
regarding exclusion period problems. There was more discussion regarding this
problem. Jay Peterson aired his feelings opposing the district formation and the
problems he saw with it. Mike Cacioppo responded to Jay's concerns. There was much
discussion by Council regarding the legality issues. Lew Meskiman remarked why he
was against this district and why he felt mast citizens would be against it. Mike
Cacioppo responded he was for it because the people would ultimately decide, and
then addressed same of Eric's concerns. Merv Lapin noted that starting with today's
Work Session, Council would be discussing Heritage's franchise agreement, and
Council will try for some leverage with Heritage. Mike Cacioppo asked for an
informal vote, to which Eric responded he would vote no and Tom responded he would
vote no, only after the County Commissioners had approved the plan. Mike Cacioppo
did not pursue the issue, and agreed to continue to let Vail citizens hold a local
election after the County Commissioners had voted. There was then discussion on
when the election wnuld take place. There was a question if there was a deadline to
hold the election; Mike Cacioppo was sure he had included a 60-90 day deadline in
• his motion and asked to listen to the tape of the last Evening Meeting. Pam
Brandmeyer left the meeting to bring in the tapes.
~,_ '~- ~
i ~
Council decided to proceed with the following items on the agenda until Pam
returned.
The next item was the Fritzlen and
Commission decision to deny a side
Council to please table the item ui
applicants were not present for an
table the item, which was seconded
motion passed unanimously 7-0.
Pierce ;
setback
~til the
unknown
by Mike
appeal of the Planning and Environmental
variance request. Mike Mollica asked
applicants could be present as the
reason. Eric Affeldt made a motion to
Cacioppo. A vote was taken and the
Under Citizen Participation, Lew Meskiman asked if the Village Core closure of 11:00
a.m.-2:00 p.m. could possibly be not effective until mid-May. Mayor Rose replied
that staff would look into it.
Merv Lapin questioned where staff stood in regards to the paint of sale tax. Ran
Phillips explained they were waiting for legislation to take p1 ace which might
affect catalog sales. Eric Affeldt commented the Supreme Court was also supposed to
look at the issue sometime this spring. Merv remarked he would like to go ahead and
proceed without catalog sales.
Council then recessed to listen to the last Evening Meeting's tapes.
The meeting then proceeded. The tapes reflected Mike Cacioppo did include a time
frame of 60-90 days from that April 4 to hold a local election. Possible dates were
then discussed to hold the election. There was then discussion regarding changing
the time frame and the problems with it. Council had much discussion on possible
• election dates, working with Heritage negotiations, and the County Commissioners'
vote. Eric Affeldt made a motion to rescind the motion made by Mike Cacioppo at the
April 4, 1989 Evening Meeting regarding the TV translator issue. John 5levin
seconded the motion. Larry Eskwith explained that a 2/3 majority vote was necessary
to rescind action at a previous meeting without the item an the agenda according to
Roberts Rules of Order. Gail Wahrlich-Lowenthal commented she would vote no because
she felt they were playing the two ends against the middle. A vote was taken and
the motion passed 5-2, with Gail Wahrlich-Lowenthal and Mike Cacioppo opposing.
Eric Affeldt then made a motion to inform the County Commissioners that flail would
not file a formal opposition at this time, and Council intends to call a vote of
Vail resident voters with a date yet to be determined. Tom Steinberg seconded.
Mike Cacioppo thought some people might feel this was a delay tactic. He felt the
delay was in the best interest of Heritage, but he would vote for this if a date
deadline was set. Tom Steinberg commented he wanted to wait until the County
Commissioners were forced to make a decision before Vail holds an election. Mike
Cacioppo commented he was against this because it would stop the district tonight,
to which Tom reiterated his previous comment. After mare discussion by Council, a
vote was taken and the motion passed 4-3, with Gail Wahrlich-Lowenthal, Mike
Cacioppo, and Mayor Rase opposing.
There being no further business, the meeting was adjourned at 9:40 p.m.
• Respectfully submitted,
Kent R. Rose, Mayor `
ATTEST:
~_, ~J
Pamela A. Brandmeyer, own Clerk
Minutes,taken by Brenda Chesman
-2-
'lam ~ 1
• •
MINUTES
VAIL TOWN COUNCTL MEETING
TUESDAY, MAY 2, 1989
7:30 P.M.
A re ular meetin of the Vail Town Council .was held on Tuesda Ma 2 1989 at 7:30
g g Y~ y >
P.M., in the Council Chambers of the Vail Municipal Building.
Members Present:
Members Absent:
Town Officials Present:
Kent Rose, Mayor
John Slevin, Mayor Pro Tem
Eric Affeldt
Gail Wahrlich-Lowenthal
Michael Cacioppa
Merv Lapin
Tom Steinberg
Ron Phillips, Town Manager
Pam Brandmeyer, Town Clerk
The first order of business was approval of the minutes from the April 4th and 18th,
1989, meetings. Eric Affeldt moved to approve these minutes. John Slevin seconded
that motion. A vote was taken and the motion passed unanimously 5-~0.
The second order of business was Ordinance No. 9, Series of 1989, a first reading,
an ordinance requesting a rezoning from High Density Multiple Family Zone District
to Commercial Service Center, with a special development district, to allow for
additional parking, loading, and an expansion of the Vail National Bank Building.
Mayor Rose read the title in full. Rick Py1man explained the reason for this zoning
request stating that the existing Vail National Bank Building consists of a
three-story office building, with two levels of underground parking. The first
floor of the building is occupied by the Vail National Bank, with the two upper
floors leased to various professional offices. The site upon which the building
sits is in the High Density Multiple Family Zone District, and at the time this
project was built in 1976, the office space was approved as a conditional use.
Later, office use was removed entirely as a use from the High density Multiple
Family Zone District. As a result, any additional office space would not be allowed
today. For this reason, the owners of this building wish to rezone the property to
Special Development District, with limited underlying uses listed in the Commercial
Service Center Zone District. The applicant is requesting to restrict the permitted
uses to the following:
1) Professional offices, business offices and studios
2) Banks and financial institutions
3) Business and office services
4) Travel and ticket agencies
• 5) Additional offices, businesses or services determined to be similar to
permitted uses
Criteria to be used in evaluating this proposal were those for a request for zone
change as well as the nine development standards, as set forth in the Special
Development District Chapter of the Zoning Code. First to be considered was
evaluation of a zone change request from High Density Multiple Family Zone District
to Special Development District, with underlying commercial service center zoning.
1} Suitability of existing zoning.
2} Is the amendment presenting a convenient, workable relationship within land
uses consistent with municipal objectives?
3) goes the rezoning provide for the growth of an orderly, viable community?
4} Criteria relating to the land use plan, i.e., the land use plan designates
this area as resort accommodations and services, but the land use plan does
not specifically designate this site as an office area. Staff believes
that the office use does make sense due to the following:
A. The property's proximity to the South Frontage Road and I-70; and
B. Other adjacent offices and public uses such as the hospital and
Municipal Building; and
C. The fact that the office use already exists.
The second grouping of criteria relates to design standards or criteria in
evaluating SDD proposals.
,~t
1) Design compatibility and sensitivity to the immediate environment,
neighborhood, and adjacent properties relative to architectural design,
scale, bulk, building height, buffer zones, identity, character, visual
integrity, and orientation.
2} Uses, activity, and density that provide a compatible, efficient, and
workable relationship with surrounding uses and activity.
3} Compliance with parking and loading requirements as outlined in Section
18.52.
4} Conformity with the applicable elements of the Vail Comprehensive Plan,
Town policies, and Urban Design plans.
5} Identification and mitigation of natural and or geologic hazards that
affect the property on which the Special Development District is proposed.
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) A circulation system designed for bath vehicles and pedestrians on and off
site traffic circulation. Rick noted at this paint that this area
specifically was of Planning Commission concern in regard to a pedestrian
walkway between the bank and the hospital.
8) Functional and aesthetic landscaping and open space in order to optimize
and preserve natural features, recreation, views, and function.
9) Phasing Plan or Subdivision Plan that will maintain a workable, functional,
and efficient relationship throughout the development of this special
development district.
The Staff recommendation was for approval of this rezoning and Special Development
_ District, with the following conditions:
• 1) The owners receive a CDOH approval for their access permit request before a
building permit is released for the proposed bank expansion.
2) That the uses allowed under the Special Development District with the
underlying Commercial Service Center Zoning shall be limited to the
following:
a. Professional offices, business offices and studios
b. Banks and financial institutions
c. Business and office services
d. Travel agencies
e. Additional offices, business or services determined to be similar to
permitted uses. Retail uses are specifically not allowed on this
property.
3) Any landscaping that dies within one year of the transplanting shall be
replaced with a similar size and type material by the owners of the bank.
In respect to the cottonwoods, if they die, three new trees having each a
diameter of 8" to 12" shall replace the existing trees. The height of the
new trees shall be a minimum of 25 feet. This later was amended by
Planning Commission to include the wording that. any 1_andscaping that dies.
within a two year period of transplanting shall` be replaced with a similar
size and type material by the owners of the bank.
4) If the loading zone is relocated in the future, the new location shall be
approved by the PEC using the major amendment to an SDD review process.
Mr. Pylman summarized by saying that the staff felt it was appropriate to rezone
this property to a district that allowed for office use. He also stated that staff
believed the special development district zoning allows for flexibility and the
thorough review of any future development on this particular site. He finalized his
comments by commending the owners of the bank and the hospital for working together
to address both staff and PEC concerns.
At this point, several individuals from the audience spoke on behalf of the
applicant. Sid Shultz, acting as architect, spoke to the pedestrian access and
landscaping; Paul Powers, working with the Vail National Bank Building, addressed
on-site parking; and Jay Peterson, an attorney representing the bank building,
addressed parking as it relates to the travel agency that has been included in this
revised ordinance. Eric Affeldt then moved to approve Ordinance No. 9, Series of
1989, on first reading, with a second from Mike Cacioppo. Gail Wahrlich-Lowenthal
stated she would vote against this ordinance due to her belief that parking was
inadequate. She also requested that the staff should really evaluate what is going
on with this particular building as it relates to the rest of the community and
potential renovations and requests of this sort that the staff and Council will be
seeing in the future. Eric Affeldt, in regard to his motion, also strongly
suggested that DRB work with the Vail Valley Medical Center for the pedestrian
bridge between the two properties, those properties being the medical center and the
--2w
,~,.
•
bank building. Dike Cacioppo also stated strong feelings regarding the potential of
the loading zone in its present location and the difficulty that this would create.
John Slevin requested that staff revise its policy on office building parking, and
with this, a vote was taken and the motion passed, 4-1, with Gail Wahrlich-Lowenthal
voting against that motion.
• Item 3 on the agenda was action on a proposed contract to vacate 66 square feet of
Forest Road right-of-way in exchange for $30,000.00 (Ran Byrne, Charles Biederman).
Kent Rose supplied background in regard to this proposed contract stating that a new
proposition was to be presented to the Council. He described this new proposition
as follows:
That the $30,000.00 would be assessed for use or purchase of an easement and that
this easement would remain encumbered until such time that the property was
renovated or torn down. Jay Peterson, attorney for the applicant, further stated
that this should be viewed as a perpetual easement, subject to the terms Kent had
just described. Clarifications were then made in regard to Resolution No. 17, and
pertaining to this easement. Those changes were as follows:
1) Resolution No. 17 changed to Number 22; and
2) The easement should be between the Town of Vail and Forest Road Associates,
rather than Charles Biederman; and
3) Anew survey, including the garage overhang, be completed and attached to
the easement.
To coincide with current Town of Vail Building Code, it was discussed that as far as
the garage being destroyed, this means more than 50% of that garage structure being
destroyed. With these changes, John Slevin moved to approve Resolution No. 22,
Series of 1989, and Kent Rose seconded this motion. Gordon Britton spoke at this
time to state as a citizen of the Town he felt the only equitable way for the
Council to handle this matter was to require the garage to be torn down. John
Slevin then amended his motion to include the changes previously discussed, as well
as, changing the term "residential" on page 2 of the Resolution to "garage". A vote
was taken and the resolution passed 4-1, with Eric Affeldt voting against this
resolution.
Backtracking to Item 3, Action on Proposed Contract to Vacate 56 Square Feet of
Forest Road Right-of-Way in exchange for $30,000 (Ron Byrne and Charles Biederman),
no action was taken.
In regard to Item 4, Ordinance No. 10, Series of 1989, first reading, an ordinance
vacating that .portion of the platted Forest Road right-of-way, Vail Village, first
filing, and setting forth details related thereto, John Slevin made a motion to deny
the ordinance, and this was seconded by Kent Rose. A vote was taken and the motion
passed unanimously 5-0.
The next items of business were Resolution Nos. 6, 7, 8, 9, 10, 11, 12, 13, 14, 15,
16, 17, 18, 19, 20, and 21, Series of 1989, designating the following as
• depositories for the funds of the Town of Vail as permitted by the Charter of the
Town, its Ordinances and the statutes of the State of Colorado. They are as
follows:
Resolution Na. 6
Resolution No. 7
Resolution No. 8
Resolution No. 9
Resolution No. 10
Resolution No. 11
Resolution No. 12
Resolution No. 13
Resolution No. 14
Resolution Na. 15
Resolution No. 16
Resolution No. 17
Resolution No. 18
Resolution No. 19
Resolution No. 20
Resolution No. 21
Firststate Financial, Orlando, Florida
Sterling Bank, Burbank, California
Security Bank of Kansas City, Kansas City, Kansas
Farmers State Bank, aenton, Montana
Coral Coast Savings Bank, Boynton Beach, Florida
Bank of Horton, Horton, Kansas
First Federal of the Carolinas, High Point, North
Carolina
San Antonio federal Savings dank, San Antonio, Texas
Sterling Savings & Loan, Irvine, California
First Savings & Loan, Beverly Hi11s, California
Franklin Bank, San Mateo, California
Security Savings & Loan, Chicago, Illinois
Hawthorne Savings & Loan, Hawthorne California
Midstate Savings & Loan Association, Baltimore,
Maryland
Exeter Bank, Exeter, New Hampshire
First National Bank of Glens Fa11s, Glens Falls, New
York
-3-
~ , . `,
Gail ~lahrlich-Lowenthal moved to approve these resolutions, with a second from John
Slevin. A vote was taken and the resolution passed 4-1, with Mike Caciappo voting
against these resolutions because he was unfamiliar with Security bank of Kansas
City.
Item 6 an the Agenda was Proclamation No. 1 declaring June, 1989, as Colorado
• Recycling Month. Eric Affeldt moved to approve this proclamation with Mike Caciappo
seconding that motion. A vote was taken and the motion passed unanimously 5-0.
The next item of business was action to grant permission to the Vail Metropolitan
Recreation District far the construction of Volleyball Courts at the east end of the
Athletic Field on Vail Valley Drive. After a brief discussion regarding the
positioning of these fields and some introductory remarks by Pat Dodson, John Slevin
moved to grant permission to the VMRD for this construction with the provision that
if parking problems occur, the VMRD Board address and correct them. Eric Affeldt
seconded that motion. A vote was taken and the motion passed unanimously 5-0.
fJnder Citizen Participation, there was none.
There being no further business, the meeting was adjourned at 9:50 P.M.
Respectfully submitted,
ATTEST:
Pamela A. Brandmeyer, Town Clerk
Minutes taken by Pamela A. Brandmeyer
U
Kent I2~. Rose, Mayor
-4-
~!" "~'
r• ~ ~
MINUTES
VAIL TOWN COUNCIL MEETING
MAY 16, 1989
7:30 P.M.
C7
•
A regular meeting of the Vail Tawn Council was held on Tuesday, May 16, 1989, at
7:30 p.m. in the Council Chambers of the Uail Municipal Building.
MEMBERS PRESENT:
MEMBERS ABSENT:
TOWN OFFICIALS PRESENT:
Kent Rose, Mayor
John Slevin, Mayor Pro Tem
Gail Wahrlich-Lowenthal
Tom Steinberg
Eric Affeldt
Michael Cacioppo
Merv Lapin
Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Tawn Clerk
The first order of business was Ordinance No. 9, Series of 1989, second reading, an
ordinance requesting a rezoning from High Density Multiple Family Zone District to
Commercial Service Center, with a special development district, to allow for
additional parking, loading, and an expansion of the Vail National Bank Building.
The full title was read by Mayor Rase. Rick Pylman reviewed the changes made since
first reading:
1. VNB Parcel, used in the title and in the third paragraph of the ordinance
was changed to VNB Building.
2. Under Section 4, 2., the landscape plan drawn by Dennis Anderson
Associates, Inc., was revised May 12, 1989.
3. The entire paragraph under Section 8 was deleted and replaced with
"Amendments to the approved development plan may be granted pursuant to
Section 18.40.100 of the Vail Municipal Code."
Rick then discussed the revised landscape plan. Sidney Schultz, representing the
Vail National Bank, explained the request and the problems which would be incurred
if the Council denied the ordinance. Mayor Rase gave additional information far Tom
Steinberg, who was absent at first reading. Gail Wahrlich-Lowenthal noted she voted
against the ordinance at first reading and explained why, but she respected the
situation tonight and did not want to stop the project. She felt the project
inherited the problem and did not create it, so she would vote for the ordinance.
There was then some discussion on alternatives. John Slevin made a motion to
• approve the ordinance on second reading with the changes noted, and Gail Wahrlich-
Lowenthal seconded. A vote was taken and the motion passed unanimously 4-0.
The second item was Resolution No. 23, Series of 1989, creating the Town of Vail
Transportation and Parking Advisory Committee. Stan Berryman stated the staff was
bringing this resolution to Council at Council's request. He gave brief background
information on the Task Force's activities since 1984, and commented the resolution
would formally create an Advisory Committee. He then listed some of the names of
those presently on the Task Force {other than the Mayor and Town employees):
Two Gouncil members -- Merv Lapin, John Slevin
Two Planning and Environmental Commission members - Sidney Schultz, Diana
Donovan
One person from Vail Associates, Inc. - Joe Macy
One person from the Forest Service - Bill Wood
One person from the Department of Highways -- Rich Perske
One person from Eagle County - Jim Fritze
Five citizens from the Town of Vail - George Knox, Dave Gorsuch, Rob Levine,
Lee Hollis, Dave Rimel
He then asked that they be ratified as the Advisory Committee members. There was
some discussion regarding the citizens, and it was decided to delete the words "from
the Town of Vail" far any future changes in members. A motion to approve the
'~~`~ 'z'
resolution with the wording change in H. was made by Tam Steinberg and seconded by
Gail Wahrlich-Lowenthal. A vote was taken and the motion passed unanimously 4-0.
The next agenda item was the Robert Gunn request for a front setback variance and
modification of the 100-year Mill Creek floodplain (342 Mill Creek Circle). Mike
Mollica explained the applicant's two requests, then reviewed the criteria used in
these requests. He stated staff recommended approval of the variance request
because it would create a hardship on the applicant if it was not granted. As far
as the floodplain modification, staff recommended approval with three conditions:
1. That a permit from the Army Corps of Engineers, either and Individual or a
Nationwide Permit, be obtained prior to the issuance of any building
permit for the property.
2. That approval from the Federal Emergency Management Agency be secured
prior to the issuance of any building permit for the property.
3. That a groundwater analysis be completed, as an addendum to the EIR, prior
to the issuance of any building permit for the property. Said analysis
shall conclude that there will be no adverse affect on adjacent properties
regarding the issue of groundwater.
He then noted the Planning and Environmental Commission recommended unanimous
approval of the stream modification and the front setback variance. Mike then
stated the 250 square foot request was tabled until the next PEC meeting at the
applicant's request. The PEC was opposed to the applicant's 250 request and was
about to motion for denial of the 250 request when the applicant requested tabling;
the PEC voted unanimously for tabling. He then read a letter from Mr. Higbie
opposing the stream modification and noted he had received letters earlier from two
others in favor of the stream modification. Mayor Rose commented the Council called
this issue up to discuss and understand it more. Jim Morter of Morter Architects,
representing the applicant, felt the 250 square foot request could be put to rest
because nothing could be done until the applicant went through the Design Review
Board. He stated the applicant would be within the allowed GRFA without requesting
the additional 250 square feet, but they did want the ability to go through the DRB.
Council had some discussion on the 250 GRFA. Tom Steinberg stated he would only
agree to approval if the applicant agreed not to apply for the additional 250 square
feet before the five year limit. Jim Morter stated the applicant did not need the
250 square feet and was within the GRFA allowed. Larry Eskwith explained what the
250 ordinance would allow; there was more discussion. Jim Morter reviewed the
problems of building on the lot and how it came about. He remarked why it was a
hardship and showed how they would change the stream flow; he then reviewed the
relocated creek and how it would be improved. Bill Ruzzo discussed the technical
aspects of moving the creek. He stated they had turned in the report and analysis
to Mike Mo1lica this evening for the first and third conditions required by staff.
Regarding the second condition, FEMA approval, they were in the process of making
application at this time. They had met with the Region Director in Denver and had
submitted the required forms. Technically, the applicant was not encroaching into
the 100-year floodplain, but they will proceed for the map line revision due to the
creek relocation. He asked Council to change the condition so as not to depend on
approval for a building permit. Mike Mollica agreed; they would change to an
occupancy permit instead of a building permit. There was some discussion of a
sediment problem during construction, to which Mike Ruzzo responded. Jim Morter
commented Mrs. Gunn wanted it in the record that any trees damaged for a period of
up to three years after the construction (as a result of the construction) will be
replaced. A motion was made by Gail Wahrlich-Lowenthal to approve the request fnr a
front setback variance and modification of the 100-year floodplain because of
staff's findings that this will oat grant a special privilege and will not injure
the public`s health; also, the variance is warranted because the strict
interpretation of the guidelines would produce a hardship far the applicant; also,
that approval be granted in accordance with the staff recommendations in their
memorandum to the Planning and Environmental Commission dated April 24, 1989, except
to modify condition no. 2 to change the wording from a building permit to an
occupancy permit. The motion was seconded by John Slevin. A vote was taken and the
motion passed unanimously 4-0. Tom Steinberg asked staff to bring back the 250
ordinance for evaluation. After some discussion, it was decided to review general
GRFA items at the next Council Work Session. Gail suggested Gauncil needed to do
site visits to identify what's right and wrong, and do it when all seven Council
members were here. Staff agreed this would be addressed sometime in June.
• The fourth order of business was the Fritzlen and Pierce appeal of the Planning and
Environmental Commission decision to deny a side setback variance request (2998
-2-
ajfl~~ +~ •ti•.
' `" •
South Frontage Road West). Mike Mollica reviewed the chronological events up to
now:
1. A variance request was approved by the PEC on January 23, 1989, to allow
this property to be considered for rezoning by the Town Council. The
approved variance was for a 6,620 square foot shortage in the minimum lot
size of the Primary/Secondary Residential zone district.
2. The Town Council approved a rezoning request,, from RC to P/S on March 7',
1,989. This rezoning has allowed for the addition of a secondary, rental
unit on the lot.
3. The PEC, on March 27, 1989, unanimously voted (7-0} to deny the
applicant's side setback variance request. The PEC found that the request
would be a grant of special privilege and that the applicant's stated
hardship was self-imposed.
Mike then reviewed the criteria and findings staff used in consideration of this
request. Staff and the PEC had a problem determining the physical hardship and felt
approving the request would be a grant of special privilege. Staff recommended
denial, and the PEC voted unanimously 7-0 for denial. He then presented photographs
of the residence to Council. William Pierce, the owner and applicant, explained
exactly where the stair would be located and its uses; he also discussed why the
other alternatives would not be as acceptable. There was some discussion on the
alternatives and why staff felt there was no physical hardship. John Slevin felt
this was a special situation not normally shared with others and therefore could be
. approved on this basis. After some discussion, Mike Mollica stated no other areas
were really affected, but the PEC very clearly felt there were other options. He
discussed what options the PEC felt were available, but the Council generally did
not agree with the PEC's decision. John Slevin made a motion to overturn the PEC's
denial decision regarding the side setback variance request with findings in Section
4 of the Community Development report, and more specifically, the exceptions/special
conditions that apply to this applicant. Tom Steinberg seconded the motion. A vote
was taken and the motion passed unanimously 4-0.
The next item was a Landmark Condominium sign variance request. Betsy Roso1ack
remarked the Landmark was requesting a third sign {two are permitted) for a total of
24 square feet of signage (20 square feet are permitted). She stated they wanted
the third sign for the east side; they have two already, and this third sign would
result in a total of four extra square feet. She reviewed the criteria and findings
used by staff in studying this request, and noted staff supported the request for
the third sign and the 4.3 addition square feet. Betsy also commented the Design
Review Board recommended unanimous approval 5-0 for the variance request. After a
short discussion by Council, Gail Wahrlich-Lowenthal made a motion to approve the
sign variance request in accordance with the findings of the staff memorandum dated
May 16, 1989. John Slevin seconded the motion. A vote was taken and the motion
passed unanimously 4-0.
There was no Citizen Participation.
There being no further business, the meeting was adjourned at 9:35 p.m.
Respectfully submitted,
Kent R. Rose, Mayor'
ATTEST:
c.l~~
Pamela A.,Brandmeyer,~Town Clerk
M i nute~5~ taken by Brenda Chesman
-3-
MINUTES
VAIL TOWN COUNCIL MEETING
JUNE 6, 1989
7:30 P.M.
•
•
A regular meeting of the Vail Tawn Council was held on Tuesday, June 6, 1989, at
7:30 p.m. in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
MEMBERS ABSENT:
TOWN OFFICIALS PRESENT:
Eric Affeldt, Acting Mayor
Michael Cacioppo
Merv Lapin
Gail Wahr1ich-Lowenthal
Tom Steinberg
Kent Rase, Mayor
John Slevin, Mayor Pra Tem
Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
Gail Wahrlich-Lowenthal was not present at the time the meeting began.
The first item on the agenda was the approval of minutes of the May 2 and 16, 1989
meetings. There was no discussion by Council or the public. Tom Steinberg made a
motion to apprave the minutes, and Mike Cacioppo seconded. A vote was taken and
the motion passed unanimously 4-0.
The next order of business was Ordinance No. 11, Series of 1989, first reading, an
ordinance adding recreational amenities tax rates far new zone districts which have
been added since the original ordinance was written. Acting Mayor Affeldt read the
title in full. Larry Eskwith explained the reasoning for the ordinance. Mika
Mollica noted the first five zone districts shown on the ordinance were the new
additions. He then answered questions of Council. Tom Steinberg made a motion to
apprave the ordinance, and Merv Lapin seconded. A vote was taken and the motion
passed unanimously 4-0.
The third item was Ordinance No. 12, Series of 1989, first reading, an ordinance
repealing and reenacting Ordinance No. 40, Series of 1988, to provide changes to
Area D (Glen Lyon Office Property} requirements that concern the condition of
undergrounding utilities; a new location for the bus stop; a deceleration lane on
the South Frontage Road; a minor subdivision; and stairwell addition. The full
title was read by Acting Mayor Affeldt. Kristan Pritz explained details of the
minor subdivision. She stated staff recommended approval with five conditions:
• 1. The development of parcels A, B, C, and D shall be limited to the SDD 4
Development Plan and governed by the SDD 4 Ordinance as approved by the Town of
Uail and on file with the Department of Community Development or as amended and
approved by the Community Development Department, Planning and Environmental
Commission, and/or the Vail Town Council.
2. The minor subdivision plat shall include a statement that development of
the four parcels shall be governed by the approved SDD 4 Development Plan for Area
D and Ordinance 40.
3. The Community Development Department and Town of Vail Attorney shall have
the right to review and require changes in any "Agreements of tenants in common",
"conveyance of Easement and Party Wall Agreements", and any other easement or
ownership agreements related to the development of parcels A, B, C, and D to ensure
that the four parcels are developed per the approved development plan and SDD 4
Ordinance.
4. Any modification or amendments to the minor subdivision conditions of
approval agreement shall be reviewed as a major amendment under the procedures
outlined in Section 18.40 of the Town of Vail zoning code.
rte- ~ : ~,
• i
5. The applicant shall be responsible far preparing the wording of these
agreements for review by the Planning staff and Town Attorney. The specific legal
wording must be submitted before the minor subdivision is recorded with the County.
The Town of Vail shall record the minor subdivision plat, however, it will be the
responsibility of the developer to cover any fees for recording the plat.
Kristan stated the PEC approved the plan by a vote of 4-1, with Jim Viele
abstaining. She then reviewed the five SDD amendments. She commented the
undergrounding of the utilities seemed to have been worked out; Holy Crass reviewed
the plans again and decided it was possible to underground from the east end of
Cascade Village to the east end of the Glen Lyon property. Ted Huskey of Haly
Cross confirmed her remarks. Kristan next discussed the bus stop. The plans had
changed so it would be located in front of the brewery instead of being farther
west. Public Works was looking into the design and plans, and Andy Norris would be
taking responsibility for snow removal, as well as overall maintenance of the bus
lane. She then briefly reviewed the deceleration lane and stairwell. Kristan
discussed the 5DD design review criteria used. Kristan and Andy Norris answered
questions of Council. Afterward, Kristan noted the staff recommendation was for
approval of the SDD amendments with one condition: The developer shall agree to
construct the bus lane per Town of Vail standards in the area of the Porte cochere.
The specific design for the bus lane shall be mutually agreed to by the Area D
owner and/or the developer, Colorado Division of Highways, and Town of Vail. The
bus lane shall be constructed subsequent to the issuance of the building permit and
prior to the issuance of a temporary certificate of occupancy far either the
brewery addition, office expansion, east office building, or parking structure.
She added the following wording to Section 18.46.210 D13: The developer and/or
owner(s) of Area D shall be responsible for maintaining the new bus lane, including
snow removal. If the bus lane is not maintained properly or snow removal is not
adequate, the Town will not provide bus service to the site. Kristan next reviewed
the ordinance and noted where the changes had been made in it, and answered
questions of Council. She stated she and Andy Norris would work on the wording in
the ordinance regarding the undergrounding of utilities; they would go to the five
property owners affected by the undergrounding, ask for their participation,
informing them of the cast; also, she would find out the cost of undergrounding
Donovan Park for Council's information. Tom Steinberg made a motion to approve the
ordinance with the minor changes to be made by second reading; Mike Caciappa
seconded. A vote was taken and the motion passed unanimously 4-0.
The next order of business was Ordinance No. 13, Series of 1989, first reading, an
ordinance establishing the Booth Falls Local Improvement District. Acting Mayor
Affeldt read the full title of the ordinance. Larry Eskwith called Stan Berryman,
Director of Public Works/Transportation as his first witness. Stan was sworn in by
Pam Brandmeyer. Stan testified the ordinance was for the formation of a Special
Improvement District for Booth Falls, and showed Council a map of the area
identifying the 26 property owners. He testified the district was being formed to
install a rockfall mitigation device in the Booth Falls nei'ghborhoad, and that all
properties on the map were located in a high hazard zone area. He testified
• notices of the public hearing had been mailed out May 23, 1989 to all of the
property owners. Stan then reviewed the map and plans with the Council. He
testified the total cost of the District would be $335,000 for the property owners,
and the Town of Vail would be donating $20,000 toward engineering costs. He then
reviewed the formula used to assess each property owner's share. Larry had his
next witness, Ron Phillips, Town Manager, sworn. Ron testified he had received
four written protests and two letters in favor of the District. Larry's final
witness, Gerald Williams, a registered civil engineer, was sworn. Gerald testified
he had been hired to study the rockfa11 mitigation and draw up plans so the hazard
would be reduced. Art Kleimer stated he was representing the four owners of his
lot who had filed a protest, and explained why they were against the district.
Gail Wahrlich-Lowenthal arrived at this time.
Jeannine Hallenbeck reviewed the chronological events over the last two years. She
stated she was trying to address Art's concerns and explained why she just wanted
to get the job done. Mr, Pat Baker commented the process had been ongoing for a
long time; he awns property on bath streets and wanted both places protected; the
area's been shown as being hazardous, and he wants to mitigate it. Carol Acuff
noted Jack Acuff could not attend, but he had written a letter to Ran Phillips
(which had been copied and distributed to Council). She explained it was untrue
• that one area was mare hazardous than the other, and asked Nick Lampiris to address
comments made by Art Kleimer. She then referred to the letter in support of the
-2-
•
district, and the two major considerations were 1) life/safety, and 2) removal of
the properties from the current hazard designation. Ned Gwathmey remarked he was
in favor of the district formation, but objected to the apportionment methods.
Stan Berryman responded it was difficult to arrive at a formula that was fair to
everyone. Nick Lampiris addressed the risk factor, and that he could not assign
varying risks; the risk factor was fairly equal. Joe Tonnahill agreed the
mitigation needed to be done, but did not feel his property was in danger, though
he would have to pay. Ray Story then addressed the Gouncil. He stated all the
properties were in a high hazard area; the map Art Kleimer referred to earlier was
a preliminary map only and not a finished one. Since then engineering studies and
final maps had been done. The engineer told them mitigation for the Booth Falls
Court street would be higher than far Katsos Ranch Road because the Booth Falls
Court area would require fill. He suggested they all do it together because the
risk was unknown; he might benefit from a neighbor taking the brunt of the risk,
but he would help economically because the neighbor benefits him. He stated
Council agreed to only get involved for two things - if it was a life/safety issue,
and not a money issue; and if the engineer would certify the rockfall hazard
mitigation so the area could be taken out of the high hazard zone. He did not want
to wait for an injury; he wanted to proceed. Byron Rase, a member of the Board of
Directors of the Mountain School, stated they were very much in favor of the
district. Art Kleimer asked that the Town cover the open space areas, to which
Acting Mayor Affeldt responded the Town had designated $20,000. Larry Eskwith gave
a legal opinion regarding the district formation. Ella Knox supported the
district. Jeannine Hallenbeck felt since only four out of 26 were negative about
the assessment, the Council should ga forward with the ordinance. Carol Acuff
remarked she had been appointed secretary for the mailings to the owners, and
notices of all meetings went to all 26 property owners. Joe Tannahil1 felt he was
being assessed twice, but would withdraw his protest if the assessment was
refigured. After same discussion by Council, Mike Cacioppo made a motion to
approve the ordinance, and Tom Steinberg seconded. Acting Mayor Affeldt felt since
there were so few protests and Nick Lampiris stated all were at equal risk, he felt
comfortable approving the district. A vote was taken and the motion passed
unanimously 5-0.
The fifth order of business was Resolution No. 24, Series of 1989, a resolution
creating a temporary Town of Vail Marketing Advisory Board. tarry Eskwith briefly
explained why the resolution was drawn up, and Hated a correction on 3.A.,
changing the wording to read "three members appointed by the Vail Tawn Council".
Mike Cacioppo commented the composition of the committee was unfair to only have
three appointees from the Town of Vail because of the amount of money Vail is
providing. Gail Wahrlich-Lowenthal remarked she did not disagree with Mike, but
supported the spirit of cooperation that was so important to this marketing effort
and it was healthier. Merv Lapin also stated the Vail Associates members probably
live in Vail, and if problems did arise, Vail could withdraw some support in the
future. Mike disagreed and still felt it was unfair. Tom Steinberg did not feel
it was inequitable because Vail would receive the most f'rom~the°marketing efforts.
Gail Wahrlich-Lowenthal made a motion to approve the resolution, and Tam Steinberg
• seconded. A vote was taken and the motion passed
4-1, with Mike Cacioppo opposing.
The next item was Resolution No. 25, Series of 1989, a resolution setting the date
for a special election to submit the question of the Town's participation in the
Eagle County Television Translator District. Larry Eskwith said this resolution
was drawn up just in case the Council wanted to set a date for the election.
Acting Mayor Affeldt explained he was now comfortable bringing the issue to a vote
of Town residents. After some discussion, Tom Steinberg commented he wanted to
wait to set a date until after Council's meeting with Heritage next Tuesday. After
more discussion by Council, Mike Cacioppo made a motion to approve the resolution.
Gail Wahrlich-Lowenthal seconded the motion. Acting Mayor Affeldt agreed with Tom
that the Council could wait, but felt it was not the large issue some thought, and
therefore was comfortable with letting it go to a vote. Mike Cacioppo added he
wanted the community to have the opportunity to decide. A vote was taken and the
motion passed 4-1, with Tom Steinberg opposing.
Ttem seven on the agenda was an appeal of the Planning and Environmental Commission
decision on new tennis courts and tennis pro shop. Mike Mallica stated Council
called this issue up for review due to concerns over the sidewalk on the north side
of the courts, the proposed Town of Vail bus stop layout, and the paving of the
parking lot. He then reviewed the plans, and the PEC conditions for approval:
-3-
~..,q~ ; .
6
1. That spotlights be installed on the eaves of the proposed building.
2, That the existing path south of the tennis courts be extended to the
parking lob, and be paved.
3. That conduit necessary for permanent lighting be installed at the time of
construction.
4. That the parking lot be paved per previous approval.
5. That a sidewalk be provided on the north side of the tennis courts.
We noted the reason the VMR~ was not proceeding with all four tennis courts was the
prohibitive cost at this point in time. He stated staff recommended approval to
the PEC because they felt the plans were in conformance with the Master P1 an and
zoning on the property. There was some discussion regarding the sidewalk on the
north side of the tennis courts. Tom Steinberg suggested eliminating the paved
section and the sidewalk for at least a year. Ron Phillips also noted that as long
as this area was being used as a snow dump, it would be better if it remained
unpaved. Tom Steinberg made a motion approving the project with a hold on the
requirement of providing the sidewalk on the north side of the courts and paving of
the parking lot until a final decision has been made on the construction of the
last two tennis courts. Merv Lapin seconded. A vote was taken and the motion
passed unanimously 5~0.
There was no Citizen Participation.
• At this time, Ron Phillips asked Council to address the issue of the July 4th Work
Session and Evening Meeting scheduled. Since that Tuesday would be a legal
holiday, he suggested they cancel the Work Session and postpone the Evening Meeting
until the next day or the following Tuesday, July 11. Tom Steinberg made a motion
to hold the Evening Meeting the following Tuesday, July 11, which Merv Lapin
seconded. A vote was taken and the motion passed unanimously 5-0.
Acting Mayor Affeldt noted that at the Work Session that afternoon Council approved
a supplemental appropriation to the road construction funds. He stated a friend
from out of town had commented to him how surprised he was to find how well things
worked here and how well things were taken care of. Eric felt this was refreshing
point of view; somebody notices.
Tom Steinberg asked why there was only a Colorado flag and no U,S. flag on the
Information Booth flagpole, to which Stan Berryman responded they were waiting on a
larger flag and lights before putting it up.
Mike Cacioppo remarked he was opposed to increasing the street funds because he
felt the business tax should be repealed and sales tax revenue used for marketing
instead of adding to the street funds.
There being no further business, the meeting was adjourned at 10:00 p.m.
Respectfully submitted,
~~~
Eric 6.~ ffel t, Acting Mayor
ATTEST:
~~~~ ~
Pamela A, Brandmeyer~own Clerk
• NEinWi~~s: ~ak~n by Brenda Chesman
-4-
.~ {
~ y •
y ~!
' MINUTES
VRIL TOWN COUNCIL MEETING
.111~lE 20, 1989
7:3Q P.M.
A regular meeting of the Vail Tnwn Council was held nn Tuesday, June 20, 1989, at
7:30 p.m. in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
Kent Rose, Mayor
John Slevin, Mayor Pro Tem
Eric Affeldt
Michael Cacioppo
Merv Lapin
Gail Wahrlich-Lowenthal
Tom Steinberg
MEMBERS ABSENT:
TOWN OFFICIALS PRESENT:
None
Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
The first order of business was an update by the Colorado Department of Health an
the Eagle Mine Clean-up. Dick Parchini, the on-site field officer of the Department
of Health overseeing the construction on the mine, discussed the health and
environmental monitoring issues of the clean-up. After same discussion with
Council, it was decided he would give another update at the July 11 Evening
Meeting.
The next item was a consent agenda of the following items:
1. Ordinance No. 11, Series of 1989, second reading, an ordinance adding
recreational amenities tax rates for new zone districts which have been formed since
the original ordinance was written.
2. Ordinance No. 12, Series of 1989, second reading, an ordinance repealing
and reenacting Ordinance No. 40, Series of 1988, to provide changes to Rrea D (Glen
Lyon Office Property) requirements that concern the condition of undergrounding
utilities; a new location for the bus step; a deceleration lane on the South
Frontage Road; a minor subdivision; and stairwell addition; and setting forth
details in regard thereto.
Mayor Rose read the full titles of the ordinances. Kristan~•Pri`tz°stated Holy Cross
Electric was still working on a letter regarding undergrounding the utilities, and
. once it was received, she would discuss it with Council at a Work Session. Merv
Lapin made a motion to approve the consent agenda items, and Tom Steinberg seconded.
A vote was taken and the motion passed unanimously 7-0.
The third item was Ordinance No. 13, Series of 1989, second reading, an ordinance
establishing the Booth Falls Local Improvement District. The full title was read by
Mayor Rose. Larry Eskwith stated there was a problem, as there was a new engineer
at Banner Associates, and he gave a different and higher estimate on the cost. Stan
Berryman commented the item was going before the Design Review Board tomorrow, and
depending on their requirements, the project could cost up to $50,000 more. Stan
stated the problems with the district were: 1) the Booth Falls Tawnhome Rssociation
representatives were present and wanted to be included in the district; this would
require the work to go 500 more feet and would involve Forest Service requirements,
and 2) that portion would have to be engineered and a' cost estimate made. Mayor
Rase said he would rather table the item, staff could put it out to bid, see if the
price would be acceptable to the property owners, and go forward from there. Jack
Acuff commented he was disappointed to have come so far and the engineers make so
large a mistake; he wants to ga forward with the original amount quoted. Larry
remarked the Town used the engineer recommended by the neighborhood, and what Jack
wants would take longer unless the Town was willing to pick up the slack. There was
some discussion by Council about why it had to go to the Design Review Board, and
. when the item would came back for the public hearing and second reading. Jerry
Gravin of the Booth Falls Townhomes gave an explanation why the 18 tawnhome units
r wanted to be included in the mitigation. Gail Wahrlich-Lowenthal asked why they
were not here earlier, and can the project be phased? Stan replied a second
district could be formed. Susan Fritch gave some background information on what had
happened up to this point and haw they were very interested in forming a district.
Stan responded. Jack Acuff stated he would like the Booth Falls Townhomes to be
included. Larry felt it would be best to table this item until the July 18 Evening
Meeting. Merv Lapin made a motion to table the ordinance until July 18, 1989, which
John Slevin seconded. At this time, Eric Affeldt commented that at the July 18
meeting, the Townhomes would not be included, and he encouraged the group to start
their own process. Larry remarked he would help all he could. Ron Phillips stated
yes, but the Town would take over the administration of the special development
districts and notification of all property owners, so to take the burden off the
property owners. Jeannine tial1enbeck initiated some discussion with Council over
the upcoming process. It was clarified that staff would use the new cost estimate,
put it out to bid, and notify the property owners; also, they would work with the
engineer on substantiating the cast. A vote was taken and the motion passed
unanimously 7-0.
The next order of business was Ordinance No. 17, Series of 1989, first reading,
concerning the issuance of local improvement bonds far the Booth Creek Local
Improvement District. Mayor Rose read the full title. A motion tv approve the
ordinance and schedule second reading for the July 18 Evening Meeting was made by
Merv Lapin, and seconded by Tom Steinberg. A vote was taken and the motion passed
unanimously 7-0. Eric Affeldt commented he would support the motion, but was
uncomfortable with approving blank figures.
The next agenda item was Ordinance No. 14, Series of 1989, first reacting, an
ordinance making supplemental appropriations from the Town of Vail general fund,
capital projects fund, real estate transfer tax fund, and Uail marketing fund of the
1989 budget and financial plan, and authorizing the expenditures of such
appropriations. The full title was read by Mayor Rose. Steve Barwick stated the
ordinance had been reviewed at the Work Session that afternoon, and that most were
roll forwards for projects from 1988, $200,000 in the general fund was for the
parking structure, and that this money was not to be spent, but by law had to be
shown as an expenditure. He noted $150,000 was for the streamwalk, and $414,000 was
for street improvements. There was much discussion by Council regarding street
improvements, costs, and the parking structure. Mike Cacioppo made a motion to
approve the ordinance with amendments to eliminate $150,000 for the streamwalk, and
eliminate $1,500 for an acoustic wall in the Library. There was no second, and the
motion failed. Eric Affeldt made a motion to approve the ordinance with the
exclusion of $150,000 for the streamwalk, so the total would be $3,083,881. Gail
Wahrlich-Lowenthal seconded. Ron Phillips stated he would like some of the $150,000
to stay in for design costs. There was much discussion by Council, Ron, and Peter
Patten regarding the streamwalk money. Tom Steinberg opposed the removal of the
$150,000 for the streamwalk. At this time, Eric modified his motion to leave an
amount not to exceed $10,000 for preliminary studies of the streamwalk, which Gail
seconded. Mike Cacioppo stated he did not feel it was necessary to proceed with the
study and spend the $10,000. A vote was taken and the motion passed 5-2, with Mike
Cacioppo and Tom Steinberg apposing.
The sixth item was Ordinance No. 16, Series of 1989, first reading, an ordinance
vacating a portion of a cul-de-sac in Intermountain, adjacent to Lot 1, Block 1,
Intermountain Subdivision. Mayor Rose read the full title of the ordinance. Rick
Pylman reviewed the drawings of the cul-de-sac and property lines. He then reviewed
the plans and reasons why staff recommended approval. Merv Lapin made a motion to
approve the ordinance, which was seconded by John Slevin. There was then some
discussion by Council regarding the cost. A vote was taken and the motion passed
unanimously 7-0.
The next order of business was an appeal of the Design Review Board decision to
approve changes to design details far the Chester residence located an Lot 19, Block
1, Vail Village First Filing. The appeal was made by W. Grant Williams (adjacent
property owner). Mayor Rose noted the process was to discuss precisely what was
presented to the Design Review Board and nothing more. Item four of the Stutz, Dyer
& Miller letter was the only item to be discussed. Larry Eskwith agreed, stating
Stutz was dealing with the three other issues in District Court. Kristan Pritz
and Jay Peterson reviewed the plan approved by the DRB and compared them to the new
plans. Greg Stutz remarked the problem was with the design change of the roof, and
gave details. There was much discussion by Jay and Greg regarding problems with the
roof line. There was then some discussion by Council and staff regarding the
-2-
r
Planning and Environmental Commission's and Design Review Board's charges. A
motionta uphold the DRB decision regarding changes on the Chester residence was made
by Marv Lapin and seconded by Jahn Slevin. A vote was taken and the motion passed
6-1, with Mike Cacioppo opposing.
The next item was certification of election judges for the July 11, 1989 special
election. Pam Brandmeyer remarked Kay Chaney, Lee Bennett, and Joan Norris were the
proposed election judges. Merv Lapin made a motion to approve the appointment of
these election judges, which John Slevin seconded. A vote was taken and the motion
passed unanimously 7-~0.
Under Citizen Participation, Gordon Pierce stated over the last 30 years, he never
worked on a project that did not have changes. He wanted to apologize; things used
to be "loose" and the staff has been working hard to tighten things up. He feels
things are back in the right direction now. He stated he was not trying to get away
with anything, and will work hard with staff so things like this do not happen.
John Cogswell discussed the subject of public art, and encouraged Council to support
public art. Kristen Pritz noted she was working on an ordinance now.
Merv Lapin questioned where things stood on point of sale sales tax. Ron Phillips
responded he would check en it.
Tom Steinberg questioned how the Donovan Park reseeding project was going. Kristen
Pritz replied the Vail Valley Foundation was supposed to get back to her regarding
this; she was just waiting on their call. Tom also had a question regarding the
snow dump land.
Mike Cacioppo stated he remarked at the 4~ork Session today the Town had $550,000
additional sales tax revenues. He asked business owners to go before the Council
and ask for the business license fee ordinance to be rescinded. There was some
discussion by Council regarding the pros and cons of this.
John Cogswell noted he was glad to see the marketing going on, but was concerned
about Front Range marketing.
There being no further business, the meeting was adjourned at 11:25 p.m.
Respectfully submitted,
Kent R. Rose, Mayor
. ATTEST:
~~,~~' ~~
Pamela A. Brandmeyer, Town Clerk
Iii nutes.._t~ak.er~ by Brenda Chesman
-3-
*-~'. ~,
MINUTES
VAIL TOWN COUNCIL MEETING
JULY 11, 1989
7:30 P.M.
•
A regular meeting of the Vail Town Council was held on Tuesday, July 11, 1989, at
7:30 p.m. in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
MEMBERS ABSENT:
TOWN OFFICIALS PRESENT:
Kent Rose, Mayor
John Slevin, Mayor Pro Tem
Eric Affeldt
Michael Cacioppo
Merv Lapin
Gail Wahrlich-Lowenthal
Tom Steinberg
None
Ran Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
The first order of business was an update by the Colorado Department of Health on
• the Eagle Mine Clean-up. Dick Parchini, the on-site field officer of the
Department of Health overseeing the construction on the mine, gave a brief summary
of what had transpired to date. He stated he expected to receive the June air
monitoring data by the next week, and noted they would put up two additional TSP
monitors outside the Middle School, one inside the school (probably in the
gymnasium), and one across from the Battle Mountain Trading Post. He commented he
hoped to have better turnaround time by sending information to Denver instead of
Oregon. He reviewed a few other highlights of the project, and then answered
questions of Gouncil. Tom Steinberg reported what the Advisory Board to the School
Board was doing. Mike Cacioppo thanked Dick for the report; CDOH was addressing
the prnb1ems, and he appreciated it. Dick stated he would make another update next
month.
At this time, Mayor Rose announced he had just received the final vote tally of the
special election - 307 in favor of town participation in the television translator
district, and 210 against.
The second item on the agenda was a consent agenda of the following items:
A. Approval of minutes of the June 6 and 20, 1989 meetings.
B. Ordinance No. 14, Series of 1989, second reading, regarding supplemental
• appropriations
C. Ordinance No. 16, Series of 1989, second reading, concerning vacating a
portion of a cul-de-sac in Intermountain
Mayor Rose read the full titles of the ordinances. Item B was pull off the consent
agenda. Merv Lapin made a motion to approve Items A and C, which John Slevin
seconded. Mike Cacioppo was concerned aver the statement, in the June 20 minutes,
"Mike Cacioppo stated his concerns over this.", and wanted more specific
information. He asked Brenda Chesman to go back and listen to the tape and make
the wording specific. Eric Affeldt noted a typographical error on page 1 of the
June 6 minutes. A vote was taken and the motion passed unanimously 7-0.
Ordinance No. 14, Series of 1989, second reading, was discussed. Steve Barwick
stated that at first reading, $140,000 for the construction of the streamwalk had
been taken out, with $10,000 left for design work. John Slevin did not feel the
Council should spend the $10,000. Mayor Rose explained why he felt it should be
left in the budget. Gail Wahrlich-Lowenthal stated her concerns over notification
of the adjacent homeowners. There was some discussion by Council. Hermann Staufer
stated he was disappointed to hear there was no need to spend the $10,000 for the
study, and explained why he felt the money should be left in the budget. Tom
Steinberg commented he totally agreed with Hermann. Joe Macy, representing Vail
~"~~ ' • a
Associates, stated Vail Associates agreed with Hermann, Tom and Kent. He remarked
the streamwalk should be done, if there are no negative environmental impacts.
Milo Cacioppo felt the ~ounci] must find a way to compromise in the best interest
of the community. There was some discussion regarding the complexity of the design
issue and environmental concerns. Peter Patten then explained what the $10,000
would be spent on. There was more discussion on the pros and cons and the
feasibility of the project. Tam Steinberg made a motion to approve the ordinance
as presented, and Gail Wahr1ich-Lowenthal seconded. Gail noted she would support
the ordinance and design study so to have it placed on the Vail Village Master Plan
for any future possibility years from now. Eric Affeldt remarked the supplemental
appropriations were far approximately $3 million, and not just $10,000. He then
reviewed what the whole amount would cover. Mike Cacioppo agreed that 98 percent
should be approved, but did not want to approve wasteful spending until it is made
right. A vote was taken and the motion passed 4-3, with Mike Cacioppo, Merv Lapin,
and John Slevin apposing.
The third item was Ordinance No. 15, Series of 1989, first reading, an ordinance
allowing employee units in Lionsridge Filing No. 4. Mayor Rose read the full title
of the ordinance. Peter Patten briefly explained what the ordinance was for;
basically a housekeeping ordinance to rectify an unintentional omission. Peter
than answered questions of Council. A motion to approve the ordinance was made by
Tom Steinberg, and seconded by Merv Lapin. A vote was taken and the motion passed
unanimously 7--0.
The next order of business was an appeal of the Design Review Board decision
granting final approval of the Cascade Crossing project. Mike Mollica reviewed the
application and gave brief background information on the project. He noted the
Cascade Crossing is a proposed single story retail center consisting of 10,270
square feet of leasable retail space. The property is located at 1031 South
Frontage Road West, which is immediately west of the Vail Professional Building.
The one acre site is zoned arterial business district. Merv Lapin had called the
item up for informational purposes only; it was a large project and he wanted to
know more about it. Mike responded to questions of Tom Steinberg regarding the
undergrounding of utilities. After some discussion, Mike showed Council plans and
drawings of the project. Bill Hine, architect for the project, reviewed the
project and answered questions of Council. Merv Lapin made a motion to uphold the
Design Review Board's decision regarding the Cascade Crossing project. John Slevin
seconded the motion. There was more discussion regarding sharing of the cost of
undergrounding utilities. A vote was then taken and the motion passed unanimously
7-0.
The fifth item was an appeal of the Design Review Board decision granting final
approval of the Ledges project. Mike Mollica reviewed the application and drawings
of the proposed project. He noted this project, as approved by the DRB, consisted
of six single family homes on approximately one acre. The site is zoned lnw
density multi-family and has an allowable density of eight dwelling un-its. Randy
Hodges, architect and partial owner of the project, stated it did meet the zoning
requirements. Peter Patten gave some additional background information on the
neighborhood and site zoning. Gail Wahrlich-Lowenthal made a motion to uphold the
DRB decision of the Ledges project, which Eric Affeldt seconded. A vote was taken
and the motion passed unanimously 7-D. Tom Steinberg commented the Town had looked
at this property earlier and let it slip through our hands; we should look at all
available properties to purchase with real estate transfer tax money. Merv Lapin
stated he had not had a problem with either of the two projects, but would like
more communication with staff; he needed more information. He suggested a short
description of each item on the Design Review Board agendas might help.
The sixth item of business was a presentation of the 1988 audited financial report.
Jerry McMahan, of McMahan and Armstrong, reviewed briefly the audited financial
report. Jerry, Steve Thompson, and Ran Phillips then answered questions of
Council. Jerry noted there had been a vast improvement in the Town's procedures
and record keeping over the last few years, and the Town staff should be commended.
Tom Steinberg made a motion to accept the audit as presented, which Eric Affeldt
seconded. A vote was taken and the motion passed unanimously 7~0.
There was no Citizen Participation.
Mayor Rose mentioned the Governor's "Dome on the Range" future visit. He stated
the Governor would be in our area July 27; in Avan, June 27, 2:00 p.m., and in Red
Cliff, June 27, 3:00-4:00 p.m. Red Cliff will be holding a town meeting then, and
the Town of Vail will participate in that.
-2-
~ , ~ ~
The last item on the agenda was discussion of the television translator vote
results and direction to the staff as to any future action. Mayor Rose noted again
the Vote was 307 for, 2i0 against. Mike Cacioppo directed staff to write a letter
to the pistrict Court and County Commissioners indicating the Town of Uail would
like to participate in the proposed Eagle Valley Television translator district. A
imotion was made by Mike Cacioppo, and seconded by Gail ~lahrlich-Lowenthal. There
was some discussion of the process now to pistrict Court. A vote was then taken
and the motion passed unanimously 7-0.
There being no further business, the meeting was adjourned at 9:35 p.m.
Respectfully submitted,
~ v C ~~
Kent R. Rose, Mayor `
ATTEST:
' ~ ,~• ,~,N.er,~
. Pamela A. Brandmeyer, Town Clerk
-~
Minutes taken by Brenda Ghesman
n
U
-3-
i ~
3
~'
~,
•
o
n
o Q
0
~~
~~
o ~
•
~ -~ ~ o ~ ~ ~Q~o~~o-~7
~ ~. o ~ ~~ ~ ~ ~g ~ ~'ao ~ ~
S, ~ ~ m x ~cny~~Q~o ~~
~ c~~g ~ m
y ~ ~~-~ ~
~. ~ ~ z (p o3~~~a~•cQQ m
p c2 Q C ~ b~(DC?~~fDn~
~ ~ A ~ ~ ~ ~°8~~~~0~0
p m p W o~~ a0g-`cp~~Q.~
~ Q f~LL~~ ~,~ ~•O m
'p O ~ 0 m ~ Q `~~~n~.~N~<
1.0 -. ~ ~ ~. ~ n o Q•. ~
~ ~ ~ ~ ~6 oa~~~oQ~~
o ~ m ~ ~ a~ '~m~
(p ~ ~ ~ '^:rn~ m~ c~D
y ~ -ry y ~ O ~Q ~
Q ~]`1,F' 3 ~ ~
Q- ~ ~ ~0~~~ m(4
~ a ~ o ~ 3 ~~ Q~ ~~
n y ~ ~ ~ m ~{~ g.c~~~
7 p ~ ~~A~~~~O3
~ ~ ~ ~ ~ ~Q~~~ Q ~~~
_... -..~, - S
'~
~: .
.,
~~'" ' .
~ ~'
~ ~i'
a ..
~~~ _
z
n
O
cD
a
~,-
~.;
~: -.
O
O
O n
O
m
T
~D
Z
•
. -.~ 'VJ •
MINUTEs
VAIL TOWN COUNCIL MEETING
Jl1~Y 18, 1989
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, July 18, 1989, at
7:30 p.m. in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
Kent Rose, Mayor
John Slevin, Mayor Pro Tem
Eric Affel dt
Michael Cacioppo
Merv Lapin
Gail Wahrlich-Lowenthal
Tom Steinberg
MEMBERS ABSENT:
TOWN OFFICIALS PRESENT:
None
Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
The first order of business was a ten year employment anniversary award to Matt
Lindvall, Police Investigator. Ron Phillips briefly reviewed Matt's employment
background with the Town, and presented him with a Town of Vail belt buckle. Ken
Hughey, Chief of Police, thanked Matt for his hard work over the years. Mayor Rose
commented he really appreciated what Matt does, and congratulated him on his length
of service.
The next item was Ordinance No. 13, Series of 1989, second reading, an ordinance
establishing the Booth Creek Local Improvement District. Mayor Rose read the full
title of the ordinance. Larry Eskwith stated this was a second public hearing, and
he would take testimony a second time because the Town was required to change some
figures in the ordinance. He noted the figures are now final. Larry called Stan
Berryman, Director of Public Works/Transportation as a witness, and Stan was sworn
in by Ron Phillips. Stan explained what had transpired since the previous public
hearing June 20, 1989. He testified he had contacted the engineers, looked at the
redesign and slight increase in the project cost, sent out a notice June 30, 1989 to
the property owners to be assessed, published a public notice in the July 7, 1989
issue of the Vail Trail. Ron Phillips noted the Town had received one protest by
Art Kieimer and the three other owners of one piece of property. Stan stated the
shape of the berm had been changed and it was smaller, all the assessed property
owners were abutting or would be benefitted by the improvements. He reviewed the.
formula used to assess each property owner's share, and test~if~ied they total cost of
the project would be $386,766 minus the Town of Vail's contribution of $20,000, for
a total of $366,766 to be assessed to the District. There was a short discussion
regarding the protests from the first assessment versus the second assessment. Stan
stated there had been five bidders for the job, with L & N Enterprises of Berthoud,
Colorado as low bidder. Jack Acuff asked how the Town would handle the County's
contribution of $20,000, to which Mayor Rose and Ron responded. There was a short
discussion concerning the construction schedule. Stan stated the project could not
be awarded, or a contract signed, for 30 days, which would be August 18, 1989. He
stated the construction work would begin that day, and it looked like a two month
project. Tom Steinberg asked about the timing of taking the area out of the high
hazard designation. Mayor Rose commented the engineers would have to submit the
revised drawings. Larry Eskwith remarked the ordinance provided for it, too. The
engineer and geologist have committed to take the area out of the hazardous
designation if the project was built to their specifications. Pat Baker stated he
lived on Booth Falls Court and was in favor of the project. Merv Lapin commented
the Town would be responsible of maintaining the berm area in the future, and all
costs would be handled by the Town. There was then some discussion regarding
insurance coverage for a project like this. Gail Wahrlich-Lowenthal made a motion
to approve the ordinance, which Mike Cacinppo seconded. A vote was taken and the
motion passed unanimously 7-0.
The third item on the agenda was Ordinance No. 20, Series of 1989, first reading,
concerning the issuance of local improvement bonds for the Booth Creek Local
Improvement District. The full title was read by Mayor Rose. Larry Eskwith stated
i •
this was a first reading, rather than second reading of Ordinance No. 17, and would
repeal the Ordinance No. 17. The ordinance had been redrafted with correct figures
and second reading would take place in two weeks. Stan Berryman noted he had
scheduled a meeting with bond counsel, Dee Weiser, and another attorney to answer
questions for those interested in forming a new district for the Booth Fall
. Townhomes; the meeting was scheduled for Friday, August 4, 1989, 3:00 p.m., at the
Public Works offices. There was same discussion concerning clarification of the
scheduled meeting, and Mr. Weiser's involvement in living in the district. It was
noted that Mr. Weiser did not live in the district, his parents in-law live in the
next proposed district. Mike Cacioppo made a motion to approve the ordinance, and
Tom Steinberg seconded. Merv Lapin questioned if the bonds had been set up and who
was planning to buy them, to which Ron Phillips and Larry Eskwith responded yes and
explained. A vote was taken and the motion passed unanimously 7-0.
The following order of business was Ordinance Na. 18, Series of 1989, first reading,
concerning cable television communications. Mayor Rose read the full title. Larry
Eskwith stated he had drafted the ordinance and reviewed it with outside counsel and
Heritage, and felt it was a goad ordinance. 8i11 Perkins commented he had become
aware of the varied community activities Heritage had been involved in over the
years, and their good faith in business practices with local businesses. Mike
Cacioppo remarked he agreed with Bill, Weritage had done a fine job, and he was
comfortable with the ordinance and contract. Don Hagan reviewed concerns he had
regarding no automatic renewal, annexed or selected areas, non-controllable issues,
Heritage's liability, gross revenues, late fee interest percentage rats, digital
signals received over telephone lines, and monitoring. He also Hated typographical
errors through the ordinance. After much discussion of these items, Eric Affeldt
made a motion to approve the ordinance with the typographical corrections, and Tom
Steinberg seconded. A vote was taken and the motion passed unanimously 7-0.
The next agenda item was Ordinance No. 19, Series of 1989, first reading, granting a
five year cable television franchise to Heritage Cablevision. The full title was
read by Mayor Rose. Larry Eskwith stated this ordinance would approve the actual
franchise agreement with Heritage; the agreement was for five years; and it had been
reviewed by Council as well as outside legal counsel. Kevin Rice, Senior Vice
President of Heritage, stated he believed Heritage had exceeded all their
commitments and requirements of the Town of Vail agreement in 1981; they had made
the system more dependable; Heritage was a good corporate citizen because they
believed in it; they also believed the new agreement was fair, but not for a long
enough term - they would be required to start negotiations in 25 months for the next
time. He also thanked Larry and Ron for their long hours of work on the agreement,
and thanked the Council for their friendly negotiations. Merv Lapin questioned why
Heritage was interested in this agreement, to which Kevin responded he felt the
agreement was necessary so both sides would know what to expect, and he did not feel
Heritage could do business in the Town and use our rights-of-way without it. Larry
agreed. There was some discussion by Council and Kevin regarding rates and
repercussions of conflict. A motion to approve the ordinance wa's~made by Mike
Cacioppo and seconded by Tam Steinberg. Peter Patten, a resident of Vail, requested
certain channels and stated a petition had been sent to Kevin regarding this. Kevin
responded he had not seen a petition yet, but they would take it under review. He
stated if there would be a dramatic cost increase, they would have to look at it;
they would not rule it out, but would not give encouragement that a change would
take place before the end of the year. There was then some discussion about making
the special request a pay channel, to which Kevin responded they were not allowed
that option. Merv Lapin asked Kevin to look into it before second reading, if
possible. Mike Cacioppo noted the audio level was not the same on all channels, to
which Kevin replied as far as he knew they had not received a complaint, but they
could correct it. Don Hagan commented he was happy with what Heritage had done over
the years, and that Heritage had been a good corporate resident. He questioned how
much did the five percent franchise fee amount to, to which Kevin replied in 1988,
Heritage had paid $79,553. There was then a brief discussion concerning the
operating cost of the public access channel. A vote was then taken and the motion
passed unanimously 7-0. Ran Phillips remarked that Larry had done a remarkable job
on a complex subject.
The sixth item was Resolution No. 26, Series of 1989, concerning the Arts in Public
Places Program. Kristan Pritz noted the memo Council had been given listed the
changes in the document, and that one Planning and Environmental Commission member,
one Council member, one Design Review Board member, and one Community Development
. staff person had been added to the committee. Gail Wahr1ich-Lowenthal felt the
committee should be increased from 7 members to 9, and asked Kristan what the
-2-
y
. ,
.~.
8
expectations were of the committee members, since it was written members could not
miss three meetings in a row. Kristan responded she expected the committee to meet
about once a month. Mayor Rose remarked he felt 3 community members and 4 Town of
Vail members was too many from the Town, and either change the numbers to 5
community members and 2 from the Town, or increase the number to 9. Kristan replied
. she had not problem increasing the number. Mike questioned where it had been stated
this would be a temporary board, which Kristan responded in the resolution; through
the resolution Council was making it temporary. Mike commented he was concerned the
community members would be gallery owners. It was decided that gallery owners did
not always agree, so it would be alright. Kristan then reviewed the other major
changes made in the document, then requested approval for the temporary board far
two years, and addressed Mike's concern over casts. She stated there would be one
planner staff time, and secretary time,. plus if the Town needed to place the art or
build a base, they may come before Council asking for funds. Mike stated he
appreciated knowing up front of any potential costs. Kristan then briefly reviewed
the members' roles. Eric Affeldt recommended Kristan pick up Insight magazine and
show it to the board; it had good information in it. Gail Wahrlich-Lowenthal had a
question regarding public safety, to which Kristan responded. Peter Patten
commented this was anticlimactic; this was very positive and no public was present;
he also felt the potential for Vail was immense and exactly what the Town needed to
make it a more attractive place for locals and guests. He also remarked Kristan
needed the mast credit; she had done an outstanding jab on this. He also felt the
Task Force deserved a letter from the Council thanking them for the work done over
the last two years. Merv Lapin made a motion to approve the resolution, which Tam
Steinberg seconded. A vote was taken and the motion passed unanimously 7-0.
• The next order of business was Resolution Nos. 28 - 53, Series of 1989, designating
the financial institutions as depositories for Town of Vail funds. After a brief
discussion by Council and Steve Thompson, Merv Lapin made a motion to approve all of
the resolutions. John Slevin seconded the motion. A vote was taken and the motion
passed unanimously 7-0.
There was no Citizen Participation.
Merv Lapin suggested staff evaluate the purchase of tinny Mae`s, and encouraged
staff to stay away from them. Steve Thompson agreed. There was then some
discussion regarding zero coupons. Steve noted he would have the semi-annual
investment report for the next Council meeting.
Mike Cacioppo remarked this was the first time in the history of this Council that
all of Council had agreed to all items on the agenda 7-0, and he thanked the other
Council members for coming around to his way of thinking.
Mayor Rose remarked there had been an executive session regarding lawsuits started
at the Work Session that afternoon which Council had to interrupt. He asked that
Council continue the executive session now.
. Tom Steinberg announced for those who felt the performing arts would not sell in
Vail, 650 paid sit down seats had been sold last week at the Amphitheater.
There being no further business, the meeting was adjourned at 9:35 p.m.
Respectfully submitted,
Kent R. Rose, Mayor
ATTEST:
~~ ~~.
~~~~ ~
Par~ela A: ~r.andmeyer, Town Clerk
Minutes taken by Brenda Chesman
-3-
• ~iy".
;~
MINUTES
VAIL TOWN
AUGUST 1,
7:30 P.M.
COUNCIL MEETING
1989
~ i
A regular meeting of the Vail Town Council was held on Tuesday, Rugust 1, 1989, at
7:30 p.m. in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
MEMBERS ABSENT:
TOWN OFFICIALS PRESENT:
Kent Rose, Mayor
John Slevin, Mayor Pro Tem
Eric Affeldt
Michael Gacioppo
Merv Lapin
Gail Wahrlich-Lowenthal
Tom Steinberg
None
Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
_ The first order of business was a ten year employment anniversary award to Glenn
. Moore, a Fire Technician at the Fire Department. Ron Phillips gave background
information on Glenn, and presented him with a Town of Vail belt buckle. Dick
Duran, Fire Chief, said a few words regarding the hard work Glenn has done over the
years and how much he appreciated him.
The next item was a consent agenda for the following items:
A. Approval of the minutes of the July 11 and 18, 1989 meetings.
8. Ordinance No. 15, Series of 1989, second reading, an ordinance allowing
employee units in Lionsridge Filing #4.
G. Ordinance No. 18, Series of 1989, second reading, concerning cable
television communications.
D. Ordinance No. 19, Series of 1989, second reading, granting a five year
cable television franchise to Heritage Ca6levision.
E. Ordinance No. 20, Series of 1989, second reading,.. concerning, the.issu.ance
of local improvement bands for the Booth Creek Local Impro~vement~District, and
reflecting the interest rates presented and accepted, purchase price of the bonds,
• and purchaser name inserted in the ordinance.
Mayor Rose read the full titles of all the ordinances. Larry Eskwith noted one
change on page 6 of the franchise agreement. Eric Affeldt commented on one
paragraph of the July 18 minutes. Merv Lapin made a motion to approve all items in
the consent agenda, which was seconded by John Slevin. A vote was taken and the
motion passed unanimously 7-0.
The third subject was an appeal of a Planning and Environmental Commission decision
to approve a setback variance on Lot 6, Vail Village 10th Filing (950 Fairway
Drive). Betsy Rosolack gave background information regarding the variance request,
noting the PEC vote was 5-1-1, with Diana Donovan opposing, and Jim Viele
abstaining. She then explained why staff recommended approval and upholding the
PEC decision. Eugene McGuire, who filed the appeal, explained he would prefer to
hold this item over for two weeks until he could talk to Mr. Katz and the
neighbors. Tom Briner remarked he would not be available on August 15, and also,
they wanted construction to proceed; Mr. Katz was planning to go to the Design
Review Board tomorrow. Mr. McGuire reviewed the series of events leading up to
this point. He stated he was asking that the variance be denied (overturn the PEG
decision), or have Council send the item back to the PEC for review again, and gave
reasons why he felt the variance was unnecessary. Vern Anderson, an adjacent
property owner, reasoned the front of the new house should be in line with the
front of the other houses; it was not consistent with the architecture appearance
of other properties on the block. There was same discussion regarding variances
~ ~-.~:
~ k ,
for neighbors in relation to the Katz residence, and studies done in 1975 versus
later specific information. Mary Lou Walters, an adjacent property owner, felt Mr.
Katz should try to make the neighborhood consistent and not build in front of his
neighbor. Helga Mesenbau, a potential buyer of Mary Lou Walters' residence, gave a
bit of background information regarding a 1977 study. Dr. Mesenbau stated he had
.looked at the proposed drawings, noted the items of importance to him, and that he
would be in agreement with the other neighbors. There was some discussion by Mr.
Katz as to changes already made to appease the neighbors' concerns, and why he felt
the PEC decision should be upheld. All parties agreed to postpone this item for a
few minutes to see if the property owners could work out the problems by themselves
and find common ground.
The fourth order of business was an appeal of the Planning and Environmental
Commission decision to approve an exterior alteration, height variance, and density
variance for the Enzian Lodge, at 705 West Lianshead Circle, Lot 1, Block 2, Vail
Lionshead 3rd Filing. Kristan Pritz gave background information regarding the two
variance requests made by the Enzian. She reviewed the criteria used in looking at
the variances, and explained why staff recommended approval of both variances, with
two conditions;
1. An employee housing unit shall be provided within the building. The
employee housing unit shall have a minimum square footage of ~40D square feet. The
owner shall be responsible for submitting an employee housing agreement to the
Community Development Department before a building permit will be released for the
portion of the remodel. The employee dwelling unit shall be restricted per Section
18.13.080 B. 10 a-d. This written agreement shall be submitted to the Community
Development Department and Town Attorney and approved by the staff before a
building permit is issued for the project.
2. The three new accommodation units will have gas fireplaces per Town of
Vail ordinances governing fireplaces.
Kristan noted the Planning Commission had removed the employee housing requirement.
Jay Peterson, representing Alma Equities Corporation, the applicant, explained why
the employee unit was not acceptable, and briefly discussed parking. There was
some discussion regarding Commercial Core XI zoning, and Council`s need to look at
changing the zoning. Council directed staff to bring the zoning problem back to
Council in the near future for changes. There was then some discussion regarding
parking needed for the restaurant and hotel, and landscaping. Mike Cacioppo
questioned the lowering of square footage of the meeting rooms, and was disturbed
by the plans to take away some of the parking. Kristan reviewed the employee
housing condition, and stated the PEC did not agree it was a fair request; that was
why they pulled the condition. Merv Lapin made a motion to uphold the PEC decision
based on staff recommendation, with the following conditions: the uses will be
residential only; employee housing would be provided in the building,; a charge of
$5,000 per parking space would be applied for each space taken away;- plus the two
conditions recommended by staff (shown above). After some discussion, Merv
. included the size of the employee unit would be no less than the size of one hotel
room. Eric Affeldt seconded the motion. A vote was taken and the motion passed
unanimously 7-0. Tom Steinberg requested staff to review the zoning and bring the
issue back to Council.
The fifth agenda item was an appeal of the Design Review Board decision granting
final approval of the Rose residence (2880 Booth Creek Drive). Mayor Rose stated
the reason this item was brought before Council was because of the 2-0-2 vote by
the DRB; this was just for review. Mike Mollica reviewed the plans of the
residence and noted the removal of two trees, while saving three. Duane Piper,
project architect, then reviewed the landscape plans. A motion to approve the Rose
residence as presented was made by Merv Lapin and seconded by Mike Cacioppo. A
vote was taken and the motion passed unanimously 7-0.
At this time, Council returned to item three regarding the Katz residence setback
variance. Mary Lou Walters commented they had been unable to come to a compromise.
After much discussion by Mr. Katz and his neighbors, Tom Briner reviewed the plans
for the home and what the requested changes would involve. Mr. Katz remarked the
house did not request any variances other than the four foot setback all the other
property owners in the neighborhood had. He stated he did not expect any problems,
and did not understand the complaints of the appeal. He said he needed to go to
. the Design Review Board tomorrow so he could start construction September 15.
After same discussion regarding the PEC guidelines, Merv Lapin made a motion to
uphold the PEC decision based on the findings of the PEC that 1) this was not a
-2-
~' . ±'~
.~ ~ • i
grant of special privilege; 2) this was not detrimental to the public health,
welfare, and safety; and 3) this variance was warranted because of the strict
interpretation of the guidelines. Jahn Slevin seconded. Gail Wahrlich-Lowenthal
commented she would oppose the request due to the fact that now we have mare
information than in 1975, when the original variances were granted. Mike Cacioppo
. agreed, adding he did not feel there was a hardship involved. Mayor Rase felt he
would rather err on the side of safety, and roekfall and avalanche hazard studies
are unscientific. He would rather look at moving the building forward far safety
rather than assume it would be alright; therefore, he would vote for it, A vote
was taken and the motion passed 5-2, with Gail Wahrlich-Lowenthal and Mike Cacioppo
apposing.
There was no Citizen Participation.
There being no further business, the meeting was adjourned at 9:40 p.m.
Respectfully submitted,
-~ ~ v ~~
Kent R. Rose, Mayor
•
ATTEST:
Pamel-a- A; : B~~andmeyer, Town Clerk
Minutes taken by Brenda Chesman
-3-
~. ~~ .W
MINUTES
VAIL TOWN COUNCIL MEETING
AUGUST 15, 1959
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, August 15, 1989, at
7:30 p.m. in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
Kent Rose, Mayor
Jahn 5levin, Mayor Pro Tem
Michael Cacioppo
Merv Lapin
Gail Wahrlich-Lowenthal
Tom Steinberg
MEMBERS ABSENT:
Eric Affeldt
TOWN OFFICIALS PRESENT: Charles Wick, Assistant Tawn Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
The first order of business was Resolution Nos. 54, 55, and 56, Series of 1989,
designating the following financial institutions as depositories for the funds of
the Town as permitted by the Charter of the Town, its ordinances, and the statutes
of the State of Colorado:
Na. 54 - Westside Savings & Loan, 2010 Wellshire Blvd., Santa Monica,
California 90403
No. 55 - Homestead Savings Association, P. 0. Box 390, Middletown,
Pennsylvania 17057
No. 56 - Lyndonville Savings Bank and Trust, P. 0. Box 125, Lyndonvil1e,
Vermont 05851
There was no discussion by Council or the public. Merv Lapin made a motion to
approve the resolutions, and Tom Steinberg seconded. A vote was taken and the
motion passed unanimously 6-0.
Under Citizen Participation, Al Weiss, representing the Fresh Air Committee,
distributed information materials to the Council. He noted he was filling in far
Reggie O'Brien, since she could not be present. He explained why the committee was
appealing to the Council for an ordinance banning smoking in restaurants. Mayor
Rose noted if the Council wanted to seriously address the.is.sue, it. would he put on
a series of work session agendas for discussion. Mike C'aciapp~o agreed it-should be
put on a work session agenda to listen to the public and pay close attention to the
. information received. Pepi Langegger commented he was not sure a law was really
needed, not that many smoke anymore. He felt businesses would be self-policing to
compete, also, small groups, like the Mexicans, should not be disregarded. A woman
in the audience remarked she would not mind if the bar area was made a smokers'
area; they were not trying to ban smoking everywhere. Pepi replied he agreed with
that, plus seating smokers in a separate room from the non-smokers. Mayor Rose took
a consensus of Council far the item to be placed on future work sessions. Council
all agreed. Eric Shickler, a resident of East Vail, expressed his concerns about
non-smokers and his support of the committee. Tom Steinberg requested staff to
check various places in Colorado asking about the success, compliance, and problems
they have had, so we could write the best ordinance possible. He reported the
Middle School had been tested, and a child would be safer there than a child in a
restaurant where smoking was allowed. Jan Livergood read a letter from the Manager
of the Chart House Restaurant in support of anon-smoking ordinance. John Slevin
suggested the committee members and restauranteurs get together before the scheduled
work sessions to discuss the issue. There was much more discussion by the public
regarding the pros and cons of such an ordinance. David Paul expressed his concerns
over cigarette smoke.
~ •, 4
I'
There being no further business, the meeting was adjourned at 8:2a p.m.
Respectfully submitted,
\ lJ / L~' / v v L l
Kent 'R. Rose, Mayor
ATTEST:
Pame~d I3.' $~andmeyer, To rn Clerk
Minutes taken by Brenda Chesman
C~
-2-
J 1
MINUTES
VAIL TOWN COUNCIL MEETING
SEPTEMBER 5, 1959
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, September 5, 1989,
at 7:30 p.m., in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
Kent Rose, Mayor
John Slevin, Mayor Pro Tem
Eric Affeldt
Michael Cacioppo
Merv Lapin
Tom Steinberg
MEMBERS ABSENT:
TOWN OFFICIALS PRESENT:
Gail Wahrlich-Lowenthal
Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
The first order of business was a Ten Year Employment Anniversary Award to Peter
Patten. Ron Phillips gave a brief description of Peter's work background with the
Tvwn of Vail, and this was followed by comments from Peter Patten, as well as Joe
Macy of Vail Associates.
The second item of business on the agenda was the approval of the minutes of the
August 1 and 15, 1989, meetings. Tom Steinberg moved to accept the minutes as
presented, with a second from John Slevin. A vote was taken and the motion passed
unanimously 6-0.
The third item was a public hearing on the proposed Village Parking Structure
expansion and renovation. Stan Berryman provided an overview of the process
involved in setting forth this proposal and offered justifications for this
expansion. He stated this is a portion of the parking solution problem, and also
pointed out that the Parking Advisory Committee had been influential in helping
along this process. Berryman stated a report from the Vail Transportation and
Parking Advisory Committee would be presented to Council at their September 19,
1989, work session. Stan introduced Michael Barber from Michael Barber
Architecture, who proceeded with a presentation of the proposed concept design for
the Village Parking Structure (VTRC) expansion and renovation. The Vail
Transportation and Parking Advisory Committee had unanimously recommended, and the
Town Council at a work session had agreed to proceed with "Scheme Two." Mr. Barber
presented conceptual designs and a global view for this project. Through a parking
matrix, he described incremental steps that could be taken to fit into this overall
• picture. Through "Scheme Two," the expansion of the parking supply would be the
number one priority, with the addition of 400 parking spaces and would require the
structure being converted wholly to a one-way system. It would deal with immediate
maintenance problems, improving the ventilation, and myriad other parking structure
renovation needs. "Scheme Two" would enhance the pedestrian access to the parking
structure as well as along side the exterior; would reconfigure traffic patterns
both on the top of and around the parking structure; and would deal with recommended
improvements to the interior. The cost of this project is estimated at $8 million.
Don Monahan was introduced to discuss the current condition and the ongoing
maintenance issues. Charlie Wick discussed the financing scenario that will be
finalized within a two-week period of time and presented to Council. Currently, the
Council is looking at putting $2.5 million in cash toward the parking structure, and
then utilizing either G.O. or Revenue Bonds along with existing revenues, i.e.,
sales tax revenues, for a term of 10 to 13 years.
Questions from the audience were raised by Johannes Faessler, Will Miller, Robert
Schiller, Michael Chapman, and Larry Lichliter. Following discussion, all were
willing to support this structure. The construction plan calls for complete
closedown of the VTRC starting in mid-April of 1990 far one month to renovate, the
the new addition being completed by the 1990-91 ski season. The improvements, as
well as the new addition, will require continued high-grade maintenance. A motion
. was made to approve "Scheme Two" by Merv Lapin, with a second coming from Tom
Steinberg. A vote was taken, and the motion passed 5-1, with Mike Cacioppo voting
~.
+- ~• •
against this motion because he felt Vail Associates was not paying their fair
share. The staff was directed to study the following concerns:
1. Financing consideration for an expansion of the Tourist Information Center,
as well as VRA and the Vail Chamber of Commerce, on the top of the parking structure
or at another location, this totalling approximately 2,000 square feet.
2. Size of expansion. Is this parking structure large enough? Should we be
adding the two extra floors now, and/or studying carefully any steps so that they
are to be considered incremental steps, and additions can be made at a later time.
3. Developers within the Town of Vail must no longer have spaces sold to them,
or if spaces are sold, we must ask an approximate amount of what the spaces are
casting the Town of Vail to construct. Mike Cacioppo stated that hotels are
required to provide parking when they expand, or to pay into a parking fund, and he
felt Vail Associates should also be required to do that with their mountain
expansion. Mike Cacioppo stated Vail Associates was not paying its fair share
toward this parking structure, and this was responded to by Larry Lichliter, stating
that Vail Associates is the largest taxpayer in the Valley, with all people in the
Valley receiving the benefit thereof. Vail Associates was asked to consider an
eventual request from the Town of Vail to condominiumize these spaces or to pay for
the 535 additional spaces.
4. The specific requirements of what it will take, both with financing and
construction, to add the additional 535 spaces and the two floors now.
Item four was Ordinance No. 21, Series of 1989, first reading, an ordinance vacating
a portion of Meadow Road (also known as Grouse Lane), a public roadway within the
Town of Vail (5122 Grouse Lane), adjacent to Lot 7, Block 1, Gore Creek
Subdivision. Mayor Rose read the title in full. Merv Lapin moved to approve the
ordinance on first reading. Tom Steinberg seconded his motion. A vote was taken
and the motion passed unanimously 6-0.
Item five was Resolution No. 57, Series of 1989, updating the Town of Vail personnel
rules and regulations. Mayor Rose read the full title. Merv Lapin requested that
Charlie Wick present brief information regarding the content of these personnel
changes. Merv then moved to approve this resolution, and was seconded by Tom
Steinberg. A vote was taken and the motion passed unanimously 6-0.
Note: At this point in the meeting {9:10 p.m.), Kent Rose excused himself to attend
a function of the 10th Mountain Division as a representative for the Town of Vail.
Item six was Resolution No. 58, Series of 1989, supporting local regulation of cable
television. Mayor Pro Tem Slevin read the title in full. Larry Eskwith stated the
National League of Cities had recommended this strongly-worded resolution be sent to
Congress. Eric Affeldt had numerous objections to the subjective language used,
specifically as it would affect Heritage Cablevision and our franchise. Fallowing
discussion, it was decided that Larry Eskwith will return to the Council at their
evening meeting on the 19th of September with a revised resolution. Larry will
concentrate on the paragraph that relates to the Town of Vail not currently being
able to receive over-the-air signals, and will attempt to expand on the uniqueness
of the Town of Vail`s situation.
Item seven was an appeal of the Design Review Board's decision denying a requested
color change by the Camelot Townhouse Association (2801 Bassingdale Blvd.). Mike
Mollica stated that on August 2, 1989, the Design Review Board, by a vote of 3-1-1,
had denied the Camelot Townhouse Association's request for a color change. The DRB
made the following findings in their motion for denial: "That the proposed colors
would not be compatible with the neighborhood and that the proposed colors would
attract undue attention to the building." Mike Chapman, who serves as Manager/
President of this Association, stated his case before the Council. He asked how
aesthetically this color could be detrimental to the community? Additionally, he
pointed out in the DRS Guidelines (18,54.050) that although earth tones are called
for, in fact, there are numerous examples of homes, condominiums, etc., within the
Vail Valley that are not in compliance with this requirement. Eric Affeldt
suggested to the staff that they, along with the DRB, look at this language in
paragraph 3, on page 154C of the Vail Municipal Code. Mike Cacioppo made a motion
to overturn the-DRB decision. This motion was seconded by Merv Lapin. A vote was
taken and the motion passed 4-1, with Tom Steinberg voting in opposition.
Item eight was the appeal of the Design Review Board's approval of the Katz
residence on Lot 6, Vail Village 10th Filing {950 Fairway Drive). Kristan Pritz
-2-
M
i •
provided the following background rationale. The DRB had approved this project
3-2. Jay Peterson, representing Mr. Katz, the applicant, stated that this was a DRE
question only, and presented background. Gene Dwyer, an attorney representing Mrs_
Walters, stated he had called within the 10-day time frame to state he would be
calling up the matter on her behalf, but was told the Town Council had already done
so. He also suggested the single reason the structure was built so high on the
hillside was to get superlative views, and that it was up to the architect to use
the freedom to design within the guidelines that are presented in the Design
Guideline section of the Municipal Code. Mike Cacioppo questioned the use in
Section 18.54.050 of the Design Guidelines regarding primary/secondary structures.
It was stated this was inapplicable, based on the fact this is a single-family
dwelling with garage and is not a duplex ar primary/secondary development. The
following neighbors spoke against the DRB recommendation: Dr. Messenbaugh, John
Mueller, Vern Anderson, !Nancy Rondo on behalf of herself and her husband Paul Rondo,
Bill and Alice Cartwright. Robert Schilling supported the "neighborhood" comments.
Ned Gwathmey, a member of the DRB, stated that at the time this was presented to
DRB, three items were to be considered:
1. The variance allowing the location of the house on the hill had already
been granted. Therefore, as a PEC decision that had been appealed to the Town
Council and upheld by the Tawn Council, that matter was settled.
2. The avalanche question had been left to expert opinion, i.e., Art Mears,
and this had been resolved.
3. A review of the design as presented was the only item to be considered by
the DRB. Gwathmey felt the DRB had made the correct decision, and this home was
indeed highly compatible with the neighborhood.
Mike Cacioppo moved to overturn the DRB decision, and Eric Affeldt seconded that
motion. Cacioppo based this motion on 18.54.050, Section A, paragraph 1, that
construction should be compatible and an objective of the design guidelines is to
fit buildings to the site. A vote was taken and the motion failed 2-3. Those in
opposition were Merv Lapin, John Slevin, and Tom Steinberg. Tom Steinberg then made
a motion to uphold the DRB decision, with a second from Merv Lapin. A vote was
taken and this motion passed 3-2, with Mike Cacioppo and Eric Affeldt voting in
opposition. Following this vote, Tom Steinberg requested staff and Larry Eskwith to
work out wording to disallow the call up procedure far PEC and DRB decisions to be
allowed without consensus. Also, the staff was instructed to look at the question
of a clarification for separated structures and to focus on this issue of single-
family, duplex, and primary/secondary homes in respect to Section 18.54.050. The
issue is whether or not 18.54.050 was intended to be applicable to lots zoned
primary/secondary, or just primary/secondary construction.
Item nine was the Finishing Touch sign variance request. This has been tabled to
the September 19, 1989, evening meeting.
There was no Citizen Participation.
• There being no further business, the meeting was adjourned at 11:10 p.m.
Respectfully submitted,
Kent R. Rose, Mayor
ATTEST:
l.W ~•-~~it~1CL[~~
P~m~la-A-.~Brandmeyer, Town Clerk
Minutes taken by Pam Brandmeyer
•
-3-
-,. ',
MINUTES
VAIL TOWN
SEPTEMBER
7:30 P.M.
COUNCIL MEETING
19, 1989
A regular meeting of the Vail Town Council was held on Tuesday, September 19, 1989,
at 7:30 p.m., in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
MEMBERS ABSENT:
TOWN OFFICIALS PRESENT:
Kent Rose, Mayor
John Slevin, Mayor Pro Tem
Eric Affeldt
Michael Cacioppo
Merv Lapin
Gail Wahrlich-Lowenthal
Tom Steinberg
None
Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
The first order of business was a consent agenda of the following items:
. A. Ordinance No. 21, Series of 1989, second reading, vacating a portion of
Meadow Road {also known as Grouse Lane}, a public roadway within the Town of Vail
(5122 Grouse Lane}; adjacent to Lot 7, Block 1, Gare Creek Subdivision.
B. Resolution No. 58, Series of 1989, a resolution urging the Congress of the
United States to revise the Cable Communication Policy Act of 1984, and expressing
general concern about the need for greater local government regulatory authority.
Mayor Rose read the full titles of the ordinance and the resolution. 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 second item on the agenda was Ordinance No. 22, Series of 1989, first reading,
an ordinance amending the investment policy of the Town of Vail. The full title was
read by Mayor Rose. Steve Thompson briefly explained the ordinance, noting the
policy changes had been discussed with Council at an earlier work session, and
answered questions of Council. A motion to approve the ordinance was made by Merv
Lapin, and seconded by Gail Wahrlich-Lowenthal. Mike Cacioppo stated he was opposed
to Section IV which would allow the Town Manager to rev iew but not approve the
investment report; he felt the Town Manager should be able to approve the report. A
• vote was taken and the motion passed unanimously 7-O.
The third item was the Finishing Touch sign variance request. Rick Pylman gave
background details ofi the request, and explained why staff recommended approval. He
remarked the Design Review Board had also approved the variance request by a 5-0
vote. John Dunn, representing the applicant, asked to withdraw the application, and
continued with the reasoning for it. There was some discussion by Council regarding
the process of withdrawal, resubmittal of the request, and what .would happen to the
existing sign/awning until a solution had been arrived at. Larry Eskwith gave his
legal opinion concerning the Council's position and options. There was then some
discussion by Council regarding their feelings on the current signage that was up.
Mike Cacioppo commented why he would like to approve the current signage and leave
it up. Don Hagan explained why he felt the sign should come down because of the
regulations of the Town. Tom Steinberg made a motion to accept the withdrawal of
the sign by the applicant, and for staff to proceed with the removal of the current
sign by any legal means necessary. Gail Wahrlich-Lowenthal seconded the motion. A
vote was taken and the motion passed 5-2, with Mike Cacioppo and John Slevin
opposing. John Slevin stated he was opposed because he felt it was not necessary to
take down the current sign until the Design Review Board made a decision on the
initial request, and felt it would produce undue hardship on the applicant. Mike
Cacioppo agreed with John's comments. John Dunn remarked the applicant could not
• voluntarily take down the sign due to legal problems with the sign contractor, and
also, it would harm the applicant's business.
n.+ Y ~ r.
i •
The next item was the Chester residence revised landscape plan. Kristan Pritz
stated the Council had called up this item to review in more detail changes to the
wall an the landscape plan for the Chester residence. She showed the Council plan
drawings and explained the changes made. She noted the Design Review Board had
approved the changes by a vote of 3-0-1, with Jamie McCluskie abstaining due to
involvement in the project. Kristan stated the Design Review Board had approved the
. amended plans with the fallowing conditions:
1. The height of the fence shall not exceed 6 feet. In the 20 foot front
setback, the height of the fence shall not exceed 3 feet. The height limit includes
the column fior the fence. Gate columns may exceed the 3 foot height limit in the
front setback, but may not exceed 6 feet in height.
2. The metal support stakes for the aspen on the east side of the property
shall be located with Vail Associates approval so that skiers are not endangered by
the stakes.
Jay Peterson, representing Mr. Chester, further explained some areas of the revised
plan. Kristan and Jay then answered questions of Council. John Slevin made a
motion to uphold the DRB decision to approve the plans, with Mike Cacioppo
seconding. A vote was taken and the motion passed 6-1, with Tom Steinberg
apposing.
There was no Citizen Participation.
There being no further business, the meeting was adjourned at 8:50 p.m.
Respectfully submitted,
Kent f1`. Rose, Mayor
ATTEST:
~ , ..~.
Pamela A. Brandmeyer, Tawn Clerk
Minutes taken by Brenda Chesman
-2-
~, .
MINUTES
VAIL TOWN COUNCIL MEETING
OCTOBER 3, 1989
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, October 3, 1989, at
7:30 p.m., in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
Kent Rose, Mayor
Eric Affeldt
Michael Cacioppo
Merv Lapin
Gail Wahrlich-Lowenthal
Tom Steinberg
MEMBERS ABSENT:
TOWN OFFICIALS PRESENT:
John Slevin, Mayor Pro Tem
Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
The first order of business were Ten Year Employment Anniversary Awards to Larry
Eskwith and Donald Gallegos. Ron Phillips gave background information on Donald, a
Heavy Equipment Operator II with the Town of Vail, and this was followed by comments
from Pete Burnett. Kent Rose gave a brief description of Larry's work background
• with the Town of Vaii, and presented an award to Larry.
The second item of business on the agenda was the approval of the minutes of the
September 5 and 19, 1989, meetings. Merv Lapin moved to accept the minutes as
presented, with a second from Tom Steinberg. Mike Cacioppo asked for more specific
wording in two paragraphs of the September 5 minutes. Merv included the additional
language in the motion. A vote was taken and the motion passed unanimously 6-O.
The third item was Resolution No. 59, Series of 1989, approving the 1989-90 proposed
parking policies. Eric Affeldt commented that due to the phone calls he had
received from business people in the community {and thanks for the input}, the goad
fortune of excess revenue over the budget this year, the housing shortage, the
public's feeling, etc., he was making a motion to deny the resolution and leave all
rates at their current status. Merv Lapin seconded the motion. Merv Lapin and Eric
Affeldt asked Stan Berryman about parking coupon utilization, to which Stan
responded that 37 percent of parking overall in both structures was free parking,
and 12 to 13 percent was coupons. He stated 36 percent of parking in the Village
structure was free parking by locals, and 40 percent in the Lionshead structure.
The majority of the free parking fell within one to one and a half hours. Mike
Cacioppo remarked he was originally the only one against the increases. Colleen
McCarthy added that losing the rental car storage parking would help, that she did
not see this as a political issue, and thanked the Council for their decision. Tom
Steinberg asked the audience how many would use the Ford Park free parking, to which
there was a small showing of hands. There was then some discussion by the public
and Council regarding the possibilities at Ford and Donovan Parks and bus service
expansion. Eric Affeldt noted the list of the Parking and Transportation Task Force
members attached to the resolution, and suggested people call them and tell them
their concerns, as they are the ones advising the Council on these issues. Mayor
Rose and Stan Berryman talked about the next Parking and Transportation Task Farce
meeting, which would be held within the next two weeks in the afternoon. Stan would
take names of interested people and get phone numbers, so he could notify them when
the meeting would be held. Mike Cacioppo announced to the audience that a School
Board issue would coming up next. There was then discussion regarding lighting from
Apollo Park to Ford Park for safety reasons. A vote was then taken and the motion
passed unanimously 6-0.
Item four was a consent agenda for the following items:
A. Ordinance No. 22, Series of 1989, second reading, an ordinance amending the
investment policy of the Town of Vail.
B. Appointment of Betty Neal as a Local Liquor Authority Board Member.
• There was no discussion by Council or the public. A motion to approve the consent
agenda was made by Mike Cacioppo and seconded by Merv Lapin. A vote was taken and
the motion passed unanimously 6-0.
r •
i
At this time, Pete Burnett thanked the Council for allowing him the opportunity to
go to Russia and see how their municipal public works crews worked. He appreciated
it very much, and would be leaving Saturday.
The next order of business was Resolution No. 60, Series of 1989, supporting the
School District bond election. Patricia Conran, the Eagle County School District
Supervisor, explained what the bond issue would cover, gave the reasoning behind it,
and gave additional background information. She also urged residents to register to
vote; the deadline was October 13, 1989. She noted there would be a presentation
Wednesday, October 18, at this end of the valley at Battle Mountain High School, at
7:30 p.m. She then answered questions of Council. Dan Corcoran requested Council's
active support and to pass the resolution, and gave a little more background
information. After some discussion by Council, Mike Cacioppo commented he felt the
Task Force had not considered the dangers, because of the superfund clean up across
the street, at Minturn Middle School. He read from recent reports by the State
Health Department, and remarked the School Board had not made very good decisions
regarding safety, and felt the first building to go up should be the Avon Middle
School and then decide priorities of other needs. Dan Corcoran responded the School
Board was not ignoring the problems at Minturn Middle School, and felt the community
needed more schools in the area. Ron Phillips added he has two children in Minturn
Middle School, and he and Tam Steinberg gave additional information on the health
issues at the school. Patricia Conran stated the reports were correct, that the
trigger levels were due to slope work, and they were continuing to monitor. The
School Board was spending 57 thousand dollars to study the SVH system, their
attorney was filing demands, and the EPA would reimburse them for all monies spent.
She also noted that body monitors had been turned into a science project on three
teachers and three students. The superfund clean up was scheduled for two years;
. the School Board added a third year just in case. The new school could not be built
and opened before that. Eric Affeldt stated these were not issues the Council could
dictate to the School Board, and felt the Council should focus on the improvements
set in the resolution. Eric Affeldt made a motion to approve the resolution, which
was seconded by Tom Steinberg. Jay Peterson commented he felt it best to separate
the resolution issues from the Minturn Middle School health issues. A vote was
taken and the motion passed 5-1, with Mike Cacioppo opposing. Dan Corcoran thanked
the Council for passing the resolution.
Under Citizen Participation, Robert Peters remarked he felt the public should say no
to Vail Associates to expand the mountain facilities until the Town of Vail and Town
of Avon, and the surrounding communities have a handle on parking, housing, and
other employee problems. He stated he would speak to everyone on the Vail
Metropolitan Recreation District Board and the Parking and Transportation Task Force
far alternatives for the parking problems and parking at Donovan Park. He then
discussed bike paths problems.
There was same discussion by Council regarding the Vail Transportation Center
renovation and the closing off of the west end of the structure by Crossroads. Ron
Phillips explained the plans, and stated he planned to answer all the letters the
Town had received regarding the expansion.
• There being no further business, the meeting was adjourned at 9:20 p.m.
Respectfully submitted,
~ J rr.~~
Kent R. Rose, Mayor
ATTEST:
~U.~~ ~ . L~YYLI,rfil [.lc._J
Pamela A. Brandmeyer, Towh Clerk
Minutes taken by Brenda Chesman
C
_2_
•
MINUTES
VAIL TOWN COUNCIL MEETING
OCTOBER 17, 1.989
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, October 17, 1989, at
7:30 p.m., in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
Kent Rose, Mayor
John Slevin, Mayor Pro Tem
Michael Cacioppo
Merv Lapin
Gail WahrlichWLowenthal
Tom Steinberg
MEMBERS ABSENT:
TOWN OFFICIALS PRESENT:
Eri c Affel dt
Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
The first order of business was Ordinance No. 23, Series ofi 1989, first reading,
adopting a 1990 budget and financial p1 an. Mayor Rose read the full title. Steve
Barwick noted the changes Council had made at the work session that day; then
. briefly explained what the new budget would include, gave background information on
fund balances, and what the figures would cover. Mayor Rose stated the budget was
the result of a series of budget work sessions over the last couple of months.
There were no comments from the public. Mike Cacioppo remarked he would vote
against the ordinance because he did not believe the Community Development
Department needed an increase in staff (it should be getting smaller, not larger),
he was disappointed there was na West Vail fire station or television translators
included in the budget, did not agree with a five percent increase for the Town
Manager's position, did not agree with the large increase for the Marketing Board
budget, or. the $35,000 funding to Bravo! Colorado. Merv Lapin had some questions
regard the actual projected and the proposed budgets, to which Steve Barwick
responded. Merv Lapin stated he was not happy regarding the insurance coverage
premium, but that everything was a compromise situation with a $20 million budget.
Tom Steinberg commented the number of employees had remained relatively static the
last four years while services had been expanded and upgraded. Me believed the Town
should hire more employees and take care of them, or the Town would pay. Ron
Phillips gave additional information on insurance costs. Merv Lapin made a motion
to approve the ordinance as amended, with Tom Steinberg seconding. A vote was taken
and the motion passed 5-1, with Mike Cacioppo opposing. John Slevin thanked the
staff for their time and effort on this major project.
. The second item was Ordinance No. 24, Series of 1989, first reading, amending
Special Development District No. 6. The full title of the ordinance was read by
Mayor Rose. Peter Patten reviewed the staff memo to the Planning and Environmental
Commission dated September 26, 1989, and explained the request. He gave background
information and reviewed the SDD design criteria. Peter then stated the staff
recommended approval with two conditions:
1. That 5DD No. 6 be amended by adding a total of 3,927 square feet to the
existing allowance of }20,600 square feet. The 3,927 square foot figure is the
existing square footage of condominium unit #30. The staff feels that the existing
square footage is sufficient for a successful conversion from retail to residential
and that the request for an additional 1,787 square feet which may be added to unit
#30 in the future, is extraneous and above and beyond what is required for this
conversion.
2. That this unit be use restricted, according to Section 17.26.075 of the
Town of Vail Subdivision Regulations.
Peter stated the PEC denied the request by a 4-3 vote, so the ordinance was coming
to the Council without a PEC recommendation. He also had additional language he
requested be added. Merv Lapin questioned the logic behind the recommendation, to
• which Peter responded. Peggy Osterfoss, of the PEC, gave further information
regarding the request and the PEC`s evolvement to the denial decision. After some
discussion by Council, Peter Jamar, representing the applicant, BSC of Vail,
Colorado, Inc., explained why the applicant was making the request and why they were
asking the Council for approval of the ordinance. There was then some discussion by
Council regarding parking spaces for the condominium, and total build-out for the
Vail Village Plaza. It was decided that if the space was converted, it would not
change any requirements for the Vail Village Plaza. Merv Lapin stated he was
against increased GRFA over the limit; there was much discussion by Council
regarding GRFA. Peter Jamar requested the item be tabled for a few weeks so he and
Peter Patten could do some more research, the Council could go on a site visit to
the area, and they could discuss at a work session. Councilmembers then explained
questions and problems they had with the request. Mike Cacioppo made a motion to
table the ordinance for three weeks to the next evening meeting, and John Slevin
seconded. A vote was taken and the motion passed unanimously 6-0.
The next item was Resolution No. 61, Series of 1989, endorsing and supporting My
Choice ... Drug Free Colorado red ribbon campaign. Marko Moser thanked the Council
for the support they had provided already. She then briefly reviewed the planned
events for the next week, October 22-29, 1989. A motion to approve the resolution
was made by Merv Lapin and seconded by John Slevin. Merv Lapin and Mayor Rose then
thanked Marko for taking this project as far as she had. A vote was taken and the
motion passed unanimously 6-0.
The fourth order of business was the appeal of a Design Review Board decision
denying a sign for Nick's, 228 Bridge Street. Kristan pritz stated that on
September 16, 1989, the DRB had a tie vote on this item, which results in
recommending denial. She passed around a photograph of the proposed location, then
reviewed a summary of the DR8's comments. There was discussion by Council regarding
no prohibition of neon signs, and others located in town. Peggy Osterfoss commented
. if Council did not want neon in the Village, they need to instruct staff to head
that way; she was empathetic, but the decision was up to the Council. Michael
Stoughton, the applicant, gave additional information regarding the proposed sign.
After mare discussion by Council, Michael gave further reasons why he felt they
should approve the sign, why it was appropriate, and should be granted. Jo Brown
questioned haw the Town had kept most neon out of the Village up to now, to which
Councilmembers responded, "design guidelines." Michael Stoughton requested the item
be tabled until the next evening meeting, sa he could bring more pictures and
information to Council. The Council asked that Michael present information on neon
at a work session before the sign was reviewed for approval. Jahn Slevin then made
a motion to table the item until the next evening meeting, and Gail Wahrlich-
Lowenthal seconded. A vote was taken and the motion passed 5-0-1, with Tom
Steinberg abstaining.
The next item was the appointment of five regular municipal election judges for the
November 21, 1989 election. There was no discussion by Council or the public. Merv
Lapin made a motion to approve the five proposed judges, which Tom Steinberg
seconded. A vote was taken and the motion passed unanimously 6-0.
There was no Citizen Participation.
. Mike Cacioppo announced the results of an October 11, 1989 Health Department
memorandum air monitor results at the Minturn Middle School. He remarked the report
scared him.
Larry Eskwith gave a brief attorney's report to Council. He stated he had received
notice the Tenth Court of Appeals supported the Town of Vail in the Defalco vs. Town
of Vail case. He noted this case had been handled by the Town's insurance
attorneys. He then gave background information on the Williams vs. the Town and
Chester and Chester vs. the Town lawsuits, and chronologically reviewed what had
happened to date.
There being no further business, the meeting was adjourned at 9:40 p.m.
Respectfully submitted,
~ ~ _~ ~
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer,'Town Clerk
Minutes taken by Brenda Chesman
-2-
~-
~ou~v of v~rL
,South Frontage Road
~Gf~ Colorado 81657
303-479 2136
FAX 303-479-2157
CERTIFxCATTON
STATE OF COLORADO
COUNTY OF EAGLE
ss.
Office of the Town Clerk
The foregoing is a full, true, and correct transcription of
Ordinance No. 24, Series of 1989, first reading, amending Specia3.
Deve3.opment District No, 6, which is included in the final minutes
of the Vail Town Council Meeting held on Tuesday, October 17, 1989.
Date: Se.~~Gwt.,fae~, $. lgga- Time: td.= 10 P. M,
~.. ~. ~~
Martha S. Raecker, Town Clerk of the Town of Vail
STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
Subscribed and sworn to before me appeared Martha S. Raecker, Town
Clerk of the Town of Vail,_Coiorada, this ~~h. day of
.~ bc1- , 19 'tZ .
My commission expires:
Al,~v. r1^, I~l~3
~~i~L~(;'I.-F:! r: It J_.rcr d ~'i nz ~~a~i
Notary' `~
:~ ~.:y . LPL'.?!
TRANSCRIPT OF THE RECORDED PROCEEDINGS
OF THE REGULAR EVENING MEETING OF
THE TOWN COUNCIL OF THE TOWN OF VAIN, COLORADO
AGENDA ITEM #2: ORDINANCE NO. 24, SERIES OF 1989
COUNCIL CHAMBERS
VAIL MUNICIPAL BUILDING
75 SOUTH FRONTAGE ROAD
VAIL, COLORADO
(303) 479-21 d0
TUESDAY, OCTOBER 17, 1989
COUNCIL MEMBERS PRESENT:
TOWN OFFICIALS PRESENT:
KENT ROSE, MAYOR
.JOHN SLEVIN, MAYOR PRO TEM
MICHAEL CACIOPPO
MERV LAPIN
GAiL WAHRLICH-LOWENTHAL
TOM STEINBERG
RON PHILLIPS, TOWN MANAGER
LARRY ESKWITH, TOWN ATTORNEY
PAM BRANDMEYER, TOWN CLERK
`~
i
CITIZENS PARTICIPATING: PEGGY OSTERFOSS, PEC
PETER JAMAR, REPRESENTING APPLICANT
•-
_~
Transcription of tare recordinn of Town Council mee~na~ agenda item #2:
October 17, 1989
Aoglicant's Rearesentative
PJ - Peter Jamar
PEC Member
PO -Peggy Osterfass
Town Attomev
LE -Larry Eskwith
Councii Members
ML -Merv Lapin
TS -Tom Steinberg
KR -Kent Rose
GW -Gail Wahriich
JS -Jahn Slevin
MC -Michael Cacloppo
Town Staff
RP -Rick Pylman
PP • Peter Patten
KP - Kristen Pritr
KR - Next item on the agenda is Ordinance No. 24, Series of 1989. an orcinance
amending Section 8 of Ordinance No. 14, Series of 1987, to provide far the amendment of
density of the approved development plan for Special Development District No. 6. This is also
first reading. Peter Patten .. .
PP - It is. Mr. Mayor and members of the council, what I'm going #o do is go through
. the memorandum that the planning staff wrote #o the Planning Commission as the.
presentation of the item. Then !'m going to talk about what happened at Planning
Commission and then I'll talk about the ordinance at the end. The request to amend Special
Development District 6, which is the Vail Village Inn Special Development District, to amend
the to#al GRFA, the total residential floor area for the SDD to incxease 4,900 sq. ft. That's the
way the ordinance reads. The original request was for more than that amount and the
planning staff recommended for less than that amount. The proposal basically is to convert
the goods retail space to a condominium, to residential use. Basically, what we're looking at
is ~a conversion of use from commercial to residential, where the current "Goods" clothing
store is located. So the applicant originally requested an additjona15,714 sq. ft. Now that
• takes that space that's up there and It adds some loft space and it infills other area. There is
currently approximately 3,900 sq. ft. of floor area in that space. The applicant has identified
1
_•
the reason for the application as the location being an unviable, not a viable, retell space. He
~~
has received approval from the other condominium owners to proceed with the application for
the conversion to residential. Currently, the total allowed square footage in the Special •
Deveiopment District for the remaining phases is 920,600 sq. it. and that's of course attached
to the major hots! redevelopment that we a!I hope someday we see in that site. Sa, this
would increase that in the ordinance form to 925,500 sq. ft. In looking at the criteria then for a
special development district, the first one has to do with design compatibility and sensitivity to
the immediate environment, the neighborhood and the adjacent properties relative to the
design scale, bulk, building height, buffer zones, identity, character, and sa on. Really. there
aren't very many design issues related to this. It's taking an existing space and converting It
from commercial to residential, We would anticipate if the project Is approved and it gees
forward, that the owner probably would want to make some minor design changes to the
space itself, but at this time that is net being proposed and those changes would be dealt with
by the Design Review Board. The existing display window down an the street level would
remain and be used by Village Inn Sports,
The second criteria than has to deal with the uses, activity and densities which provide
compatible, efficient and workable relationships with the surrounding uses and activities. I
#hink we're all aware that the Vail Village Inn Special Deveiopment District is a mixed-use
project and has a variety of land uses In it now, as well as when it's redeveloped to its fullest
extent. And, of course, those uses include commercial and residential in various locations, as
wail as restaurants and short-#erm accommodation units, lodge rooms. Dne of our goals in
the master land use plan, as well as the Vail Village Master Plan, is to maintain the mix of
uses. We feel that's important to Commercial Core 9 and its surrounding area, which, of
course, this is immediately adjacent to the core area. This is not affecting that mix of use. it's
2
~~
changing from ane to the other, but ail of the uses are found in the immediate area, as wail as
` the surrounding area. We do feel that we need to protect the short-term bed base. We feel
that we have established a policy, as the Planning Commission and the Town Council have in
• ebQU# #h@ IaS# thrBB Ol' dour years, where additional residential units have been required to be
available to the tourist market, and we do that through the restric~ons contained in the
subdivision regulatjans which requires an owner only to occupy a unit during the high season
for a restricted number of weeks and it also requires the owner to list the unit on the short-
term rental market when it's not in Use. And we feel that those are appropriate in. this
instance, and we'It talk about those in the recommendations section.
Next we deal with the parking and loading Issues. Phases I and II of the VVI contain
basically little to no parking. I wasn't around when those happened originally. I would
imagine that there probably was some surface parking that may have been eaten up by future
phases, but this is in the original phases of the VVI and what has been occurring is each
phase is developed. Phase 111 and than the latest phase, well the latest phase really didn't
add any parking, but especially in Phase III, we caught up a little bit on the deficit. I think
there was over a 1aD space deficit when Phase III was built. They buil# the underground
parking garage at that time. ~ They caught up and they are somewhere around 50 spaces
short. When the mast recent building was built, there was no additional parking provided for
on site. The parking was to be provided in the underground parking structure. With this
particular proposal then, there are no parking spaces that kind of are designated that go along
with this space..loe Staufer has arrangements with some of his tenants in his spaces that he
will lease them spaces in the parking structure itself. Currently, we do not have a solid
• parking proposal for this particular conversion #o residential. We feel that that's important and
will require that to be documented and done before we issue a building permit. The space
requirement would be 2-i/2 spaces rounded up to 3. So there would be a parking '
w
requirement of 3 spaces. Confom~ing with the BppllCable elements of the Vall Comprehensive
Plan, f thing there is probably one in particular, that is policy 4.2 in the Master Land Use Plan,
which talks about Increased density in the core areas as acceptable sa long as the existing
character of each area is preserved through the implementation of the Urban Design Quide
Plan and the Vail Village Master Plan. And I mink that that policy Is not in conNtct with the
proposal. There are some other criteria here that are really not too important or not
applicable,l should say, in chat our reoommendaiion for this, and i'll speak to #he.3,927 sq. ft.
which is existing out there, the way this went through the Planning Commission as we were
recommending approval for the conversion of the existing square footage, 3,927, #o residential
use, with the provision that the unit be use-restricted, in other wards that h be available
according to our restrictions in the Subdivision Regulations available to the tourist market in
general. We feel that the existing square footage is sufficient for the successful conversion
from retail to residential and that the extra originally 1,7$7 sq. ft. is really extraneous and not
required, and not really a necessary, if you will, part of the proposal. The Planning
Commission, so that's what went #o Planning Commission, our recommendation. There was a
long discussion at Planning Commission about this item and I was not present, so bear with
me. Peter was present and he can correct me if I'm wrong. The bottom line is the Planning
Commission denied the proposal 4 to 3, so the ordinance that comes to you tonight is not one
that the Planning Commission has voted for. The Cauncil sees all amendments to special
development districts, so this would have come to you no matter whether they had approved it
or denied it. There originally was a motion to approve the proposal with the condition that
only 5Q% of the unit be restricted. The Planning Commission's concern an this item is that
they fel# that this was too large a unit to be a viable rental unit and they were trying to
~~
. -~ comprcF }:~ with the applicant to come to a comfort level that this was going to be a unit that
would akay to create, but only if it was going to be a viable rental unit, and they talked
about restricting only part of the unit or actually dividing the unit into two units. Those were
not acceptable to the applicant, is my understanding, and in the end the Planning Commission
voted 4 to 3 to deny the request. However, before they did that, they agreed on a
compromise square footage of 5,000 sq. ft. is that correct?
PJ - Yes.
PP - Okay. So the Planning Commission and DRB ...excuse me, the Planning
Commission and the applicant have Dome #o an agreement that the size of the unit would be
S,pOD sq. ft. maximum, which allows them to add about 1,14D sq. ft. of loft area and in-fill
space. But the Planning Commission obviously still was not comfortable with the overall
proposal, although it was a close vote. The ordinance then Is in the format for you to
approve. it adds, this ordinance would add 4,900 sq. ft. Is that your understanding of it, Rick,
• was there a 100 sq. ft. difference in here?
RP - 4,900
PP - Okay. So the #otal amount allowed in SDD on the second page of your
ordinance at the very top. What you'd be voting to do if you pass this ordinance would be to
allow a total of 125,500 sq. ft. of GRFA in the Vail Village Inn Special Development District.
Tha.: an increase of 4,900 sq. ft and again this is what the Planning Commission
compromised down to from a larger figure that the applicant had requested. Now, l would like
-- and this does not change the other provisions of that SDD, which require a certain amount
of accommodation units to be built and a certain amount of square feet devoted to lodge
• rooms. As some of you may recall, when we passed that ordinance, we required actually a
minimum number amount of square footage devoted to lodge rooms only so that they couldn't
5
' .r
build all condos. At the end of that paragraph I would like to add a sentence that would say
`4,9flfl sq. ft. of QRFA shall be allocated to Unlt SO of the Vall Village Plaza Condominiums
only." And the reason for that fs that we don't want to just add 4,900 sq. ft. and then have the
applicant go ahead and put a retell store back In there anyway and elf of the sudden we have
just increased the size of the SDD. So, the 4,900 sq. ft. increase, if you approve it, would be
just for that space only and not just a carte blanche Increase far whoever ends up developing,
you know, the ultimate hotel on site.
JS - So the number of units for Phase !V and V -- is this In Phase III?
PP - This is in Phase I.
JS - So the number of units stilt stays the same. Joe can still do 128 units.
PP - That's right. That approval is completely unaffected, really, by this whole thing.
So that is the one thing I would like tv add to the ordinance and we can, Larry and I can work
on specific language toward that end between first and ascend reading. And with that, we will
turn it over to Peter who !s representing the applicant or questions, Merv.
ML - 1 don't understand the logic of why you would allow greater density on a project
over and above what's been approved that doesn't have parking, that !s a conflict, I think it's
going to Increase the conflict that you have between residential and commercial, I mean, I
don't understand. what's the logic of having zoning with the maximum !f someone can come In
and get 49flD more square feet?
PP - The logic is that the space is there -
ML - Weil, why not 50,040 Square feet?
PP - I can't argue the staff are not experts in retail feasibility one way or the other, .
the uses are all on the site, there Is residential uses on the site and the surrounding area, we
have adopted policies in the land use plan which encourage the mix of uses, !n one sense !t is
. ~ an Increase in density but in another, it's an increase in density that has absolutely no effect
Y of mass and bulk on the village. We have had
ML - 50, in other words, the house
Pp - Let me say one more thing. We have had a history in Commerdai Core i area
especially. These types of changes and uses. The Village started out to have employee units
on street level at the Lodge. They were converted to retail. There were slot of second floor
apartments, residential units, in the core that got converted to commercial space in the late
70's and early 80's. Some of those spaces have been even converted back. in an area
where you have the type of mixed use zoning that we have in not only the Commercial Core
but in the surrounding areas and especially this is a mixed use project, you are constantly
going to have changes of use between residential and commercial and even other uses on
varying levels of all mixed use projects. And t guess, I'm not here to tell you this is the
. greatest thing in the world, not at all, I don't think that we're strongly recommending approval,
but what I'm here to tell you is that I think that the appl~cat~on itself~is something that E don't
feet is going to create any negative impacts, I don't see anything that's going to be harmed, I
don't see the Vail Village inn project will be ham~ed by this, on the worst end scenario, the
project would be harmed by empty retail space If it is indeed not a viable space for retai[ or
commercial of some sort. 1 don't buy that argument. I think there probably could be
somebody that goes in there that makes a viable operation, but I'm reacting to an application
that's come in to our department and we have to get on one side of the fence or the other and
t think that this proposal is not going to create negative impacts and we wilt require the
parking to be located in that underground parking structure and I think with that we're looking
. at something that just isn't going to be a negative impact.
ML - Okay, you've answered the use question, but what you're doing is giving
7
someone the incentive to build a big volume budding then come back later and fiU it in by "~
allowing this. Everyone that's got a building that can go with (nfiil, whether it's a house or a
commercial building can some back now under your logic and get greater density.
KR - I don't think ft's an inflll though, is it?
ML - Weil, yea, he's adding 4900 square feet. You're nat adding to the shell.
You're saying that there`s no addition to the outside of the buflding. They're lnfiiting the floors
on the inside.
JS - Yes. Up in the IofL So what's the big problem wlth that?
ML - Weil, what's going to stop, everyone that has something that is more than 2
stories high, whether it's the glass house or whether it's the house on, the Chester house
that's got a volume to it, coming back and saying, well let's Infill the volume naw?
JS - Wetl, 1 don't think we do GRFA the same way. He's comparing it to a residen#ia1
zone district. ~ .
ML - But, look, it's a residential use.
JS - No, it's a SDD.
PP - Yea, it's a special development district, it's not the same zoning as you know,
what you're talking about and
ML - But the Sl]D has a limit put on it of 12D,DDD square feet, now you're saying add
44D0 square feet.
PP - Merv, all praper~es in Vail have a limit on it,through zoning. One way or
another, you come to a number -that's the maximum. The fact is that for the last 1 D years
we haven't been afraid of that maximum number to increase tt and we have in probably 15 to
20 different instances over the fast 10 years in this specific area and throughout the whole
commercial core and the whole Vaii Village area. We've done it, I don't need to go through
.~
.~
the names of the projects, but we have done it in many instances, changed that residential
density allowed.
ML - Yea, but when we originally set in a special development district the applicant
was always for as much square footage as he oould get and that was a quid pro quo, "You
give us this - we give you that", Now they're coming in and they`ve got a certain volume. In
this case I guess 2 stories, that they're infilling in order #o get greater density. And greater
density does have an effect, !mean, someone's going to be in the 4900 square feet, it's not
going to be left empty. You're going to have more people using it.
PP - I don't disagree with those statements.
JS - Could we gd through the thought process with one unit as opposed #o two
units?
PP - I can't. Maybe Peggy can.
• KR - Peggy has a comment.
{...inaudible}
PO - I think first of all, the Planning Commission felt that it was unfortunate that in
this SDD there was not afirst-come, first-serve for additional square footage. In other words,
this individual wishes to add space to his condominium would not be taking, any of the square
footage away from the rest of the development. We felt a more desirable situation would have
been if the rest of the development... the amount of square footage of this unit. But on the
other hand, felt that is was unfair to this particular applicant that the SDD had not in fact been
set up that way In the first place. {...) i think subsequently we endeavored to focus on the
outcome and we were reluctant to give up retail space but fait the second story space as retail
.... Then the question became given our direction in the master plan, which would be that we
would try to encourage retail space or short term rental space. but not space that is residential
~+'
and not rented In the core area. We #e1t that we needed assurance that if in fact this unit was
converted from a retail to restden~ai it would be rented. And t think many of us, myself
Included, were conoemed with the fact that 5001, square foot rental unit was not viable. !n
other words, it's Etna to say that It's on the rental market, but no one rented it and then the fact
is that we have tort retail and we have not replaced it with short term rental. And that was
why we spent quite a bit of time and effort trying to reach some sort cf compromises we felt
would make this a (:...} unit. l think Merv's concerned with square footage tnfill
ML - Then how do you, granted, when different SDD's, SI]D B is different than let's
say, we went up and looked at the glass house which is a three s#ory thing,
KR - Weii, residen~al.
ML - Which is residential. Haw do you say you can do this residential, but you can't
do that residential because there's toss effect up on that hail adding square footage because
they've got the parking or, you know, in otherwords, they're not creating any more traffic, all
they're doing is adding another couple of bedrooms. How do you add it at the Vail Village Inn
and not allow someone to allow someone to add tt in their other property?
PO - One thing, Merv, t think we felt there would be Tess parking needed far the
residentiai unit than for the commercial use that has been in place.
ML - Unless it's short term units.
JS - Men-, there is one school of thought that disagrees with our GRFA ordinance
for our residential that says If in fact you do have atwo-story house and you want #o stick a
basement underneath it, and you exceed GRFA rotes, you're really not adding anything to it,
you might Just be adding a family roam but technically you can't do it, so there is a school of
#hought out there that would love to change GRFA provisions for residential also, because
.~
", that's a bulk and mass thing that is going to be talked about probably over the next year or
SO.
. PJ - We Should probably hear from Peter here, he's representing the applicant.
JS - I've got a question slang this one unit vs. a bunch of units and maybe Peter,
wail, I'll ask it now while its on my mind, If you do a one 5000 square foot unit, do you mind if
they do one eight bedroom unit? Have you thought about eight lockoffs and you have a bed
and breakfast small motel. or, I mean you could do that with 5000 square feet.
PP - Well, actually you can only have one lodcaff.
JS - You can only do one?
PP _ Right.
J5 - Okay. So If you can only do one, then again ft goes back #o her comment that
you end up with a huge living room and some bedrooms and only ane, so you can rent it two
different ways then, that's what you're saying.
PP - If trey want to go, you could just do one iockoff maximum in amulti-family
dwelling unit.
JS - So who wanted to do mare than one unit, was that the Planing Commission or
you? Who is recommending that they do more than one?
PP - Planning Commission.
JS - Planning Commission? Okay, go ahead Peter.
PJ - Perhaps l can help shed a little light on this and some of the rationale for hey,
why are we in asking for this and I am representing BSC of Vail which owns the unit.
• ML - Who is BSC of Vail?
PJ - lt's a partnership.
1~
ML - Composed of? ~
PJ - One of the gentlemen !s Frank Cicero,l don't know the other partners.
ML - And they're the owners of the space? The reason I'm asking this is because it
just wen# through foreclosure. The building did, is this part that is #hrough foreclosure or is
this separate?
PJ - No, this is a separate condominium.
ML - This is a separate condominium that wasn't involved, okay.
PJ - Let me hit a couple of the high points. I think that the reason we got a little bit
off track at the Planning Commission was because of the diversity of opinion as to how Is this
unit going to be short term rented and I and the applicant created some of that confusion
because of the fact that that was sort of a last minute staff recommendation that they had
been supporting this but then a day or two before the Planning Commission had sold, but
you'll have to go with these restrictions. So I needed to run that by my client, the owner of the
unit, in a very short time period and not being knowledgeable of what that meant or how and
also being an attorney, his initial reaction was no, we don't want to live with that kind of
restriction, sa i then proceeded to the Planning Commission, not agreeing with that condition.
We have since had the time to s1t down and discuss it with the staff and explain it to the
owner and that's haw we've now arrived at the Issue as to, wall, he's willing to go along with
the restrictions, is this 5008 square foot unit a viable short #erm rental unit or not? I have
contacted the Vail Resort Association. Their recommendation to me was that, heck, yes, a
5000 square foot unit in the Village core Is probably one of the most desirable short term
rental units In Vail. We have very few of those -those are the first units to rent and I would be .
happy to, if it comes dawn to that question and I'd be happy to table this item until we can ail
go ask the VRA ourselves whether that in fact is #rue. I'm convinced that it's tnre, the owner
'i 2
_ ~ is convinced that it's true, given the numbers of families and groups of people that like #o
Y came to Vail and all stay together and be in close proximity and walking distance to the core
where you do not need a vehicle. Even though we feel that the rental of that unit will not
generate the need for the parWng spaces, we are willing to go along with the condition that
says that given the conversion of this unit over residential. we're willing to provide the 3
parking spaces that are necessary and there are spaces available through Joe Stau#er at the
Vail Village Inn for that purpose. Again, I think everyone, the Planning Commission, staff and
myself agree that the parking requirement acthally reduces#rom 1fi spaces to 3 so that that's
a net improvement. The owner's initial intent here is that they would love to keep the space
commercial. They would be very happy and I think those involved with economics of real
estate would agree that it's in their best interest that that's viable commercial space to keep it
commercial and over the long term that is a much better business decision. l think it's
important to stress that it is second and third #ioor space, and I think the Planning Commission
on their site visit sort of understood that the poor utilization of that space as commercial, we
were willing to come to a compromise of adding half of the square footage that we had initially
intended to add so that the PEC got fairly confused but we had the opportunity since there
was some time between meetings to go back and get a clan#ication of some of those issues.
So I guess, the bottom line is we're now willing to restrict the use, we feel that a 5000 square
foot unit which would probably be 5 bedrooms is a very highly desirable unit on the short term
rental market. They still prefer to be able to try to use that space as commercial but they
would like to have the fall back to be able to utilize this space as residential i# it continues to
look like it's not a viable commercial space. The use is not in question. The zoning allows
the use as residential. What's in question is that the SDD is defined so tightly that it does not
allow the flexibility to add any square footage in any unit~anywhere.
13
x
ML - What is the reason why it was dettned that tightly? ~~
Y
PJ - i can't explain that, Merv.
Mt_ - It was part of negotia~ons that had to do with waist the Wl was giving to the •
Town. Doesn't that have to do with part of the park, doesn't that have to do with part of the
condominium that, the space below which is now the skI museum?
PJ - I don't agree with that concept of SDDs, that I don't think they were ever set up
KR - There was a big Issue, I mean, It had to do with the underlying zoning that was
on #hat entire parcel and what Increases there were from that underlying zaning, if any,
through the SDD process and park, that Merv talked about and the whose works. And it was
tight because it was a long, Involved, tough process. flail and I remember that and some
other people probably.
PJ - I guess what I'm saying is that they would Just like to see some flexibility in •
being able to use that use as the uses are defined within the SDD and again, I guess I would
have to say l don't think there's any pasi~ve impact, I can't come up here and really sell to
you that, hey, this is the greates# thing in the world that ever happened. I can't foresee any
negative impacts given that they're willing to actually Improve the parking situation. They do
have approval of 1 p0% of the condominium owners which awn all the adjacent units. They
have gone ahead and received that approval and revised the condominium declaration in
order to use the unit as residential. They agree with all the conditions including keeping the
exterior appearance an the first floor as retail use. So I think it makes same sense to grant
that flexibility. I do believe that the Planning Commission was pretty much split 50 - 50 as to
whether this was appropriate or not and the confusion really came in terms of the size of the •
unit. I think Jim Viele, the Chairman of the Planning Commission, put it best. that it's one of
14
-R
- ` } those continual fine tuning of an SDD that I guess whether we like it or not, It's a fact of life
- that these types of amendments and the flexibility has to be there in order to end up with land
use situations that work. I think that Vail is not in terms of the density, a finely tuned machine.
• I think we see give and take, additions, deletions of different types of uses and it really is a
constant process. I don`t think there is one set top number that we have a system that we
Vansfer development rights. I mean, we have gas stations that evolved into mixed use retail
and commercial and residential uses and individual members may agree or not agree with
that, but that's a fact of the way land use decisions evolve and I think, you know, the intent
here is not necessarily to do anything positive or negative as far as alot of these issues that
could conceivably set a precedent are. they're to try to continue to make #hat a viable, livable
space and I think we're meeting some of the goals of the Town in terms of we are adding a
unit that will be on the short term rental market during high seasons that according to the VISA
• is very desirable and we need more of, so I #hink there are some positive things here. 1'd be
happy to answer any questions.
TS - What happens to the 13 parking spaces that are assigned to this unit which
allegedly they don't need any more?
PP - They don't exist.
ML - Yea, they're 50 short now.
PP - They didn't build parking for the first couple of phases. There is not 13 spaces
you can go point to in any where on the site for this particular spaoe.
TS - Would #hey be required in the future far tha# whole Vail Village complex #hen?
PP - Yes. You mean the next phase that's unbuilt?
• TS - Next phase, or whatever phase there
PP - Yes, the next phase will ready make up the whole parking deficit.
15
TS - So the non-condominium owner is going to benefit to the tune of 13 long #arm - `
built out spaces by the fact that he doesn't have to supply this 13 for this condo unit in the
total buiidout now. The long tarn buiidout he is required to meet the parking requirements.
Now, if we allow this conversion, he needs 13 lass spaces. Now the condo owner, is he
selling those spaces flack to .ice Staufer so he doesn't have tv build them, or is he giving
them back to him and Joe !s going to make $130,000. because he doesn'# have to put them
In. What's happening here?
JS - Waw does this affect the rest of the purchase.
PP _ You have #o understand this is not the developer, the entire SDD or the holder
of that pool of CRi=A or parking so that this owner is not required to at any point put in those
13 spaces.
TS - No, l understand that, but Vall Village inn, inc. or whoever is doing it is
ultimately required to build those 13 spaces if we leave it the way it is.
PP - That's not really not at all the way the whole thing worked out at all, We did
not... My recollection, Tom, is that the ultimata buiidout of the site wil! not contain 100°/p of
what the parking requirement would be for everything on the site. I can't go back and tell you
what percentage of the overall, parking requirement will be built, you knew, under the approved
SDD, but it just wasn't that dean a connection. l think that there was a certain amount of kind
of what's there now is there now and let's plan the hotel, the eventual hotel that's not built,
and get the parking that's going to be adequate for the commercial and residential that's going
to be built and live.with the existing situation.
JS - Peter, where does 13 parking spaces come from?
PP - The i 3 parking spaces comes #rom if they propose to build this big a retal!
space you divide the total square footage by 300 and you'd get 13.
16
k
-~ JS - Peter, the point is, if they're allowed ta, that does not affect the number of
parking spaces that Joe has to deal with his hotel does it?
PP - No.
JS - !t shouldn't affect the SDD requirement for Joe's parking.
PP - No, I don't think it would.
PJ - 1 think you could make a statement in the ordinance that it doesn't.
JS - Yea, we want to make sure it doesn't because we know he's going to be Short
anyway. I remember from Chase days that there realky isn't an overabundance of spaces and
we were valet parking and all sorts of things to get
TS - Well. either that or he doesn't get to build as much. Which Is where we should
be coming from.
JS - Right, but 1 think the point needs to be brought out that if they get to convert,
that does not change any requirements for Joe's parking.
• KR - Peggy, another comment?
PO - 1 just wanted to make a couple of other comments, one concern expressed {....)
was that 10 parking spaces are in fact non-existent when people renting the unit need to be
taking things like groceries to it and they will probably expect a parking spot and presumedly
they were allowed to drive to that restricted area (...}. Another item that I think we included as
a condition on #his approval {...) that if in fact this conversion occurs we thought that the
double doors that are facing to the south should be closed and fumed into a display and then
the access should be from the west, there's also a doorway coming from the west so that i#
you were walking along Meadow Drive you would see a display window rather than a door.
JS - A display window for another retail space or something like that, is tha# what
you're saying? I mean for the one next door maybe?
17
PO - Yes. k
(...)
y
PJ - And we're In agreement with that.
JS - i3ut you're not sure you're going to change the space, Is that what you're
saying?
PJ - No, I think they'd Ilke to have the flexibiAty to keep It, their desire i$ to keep it
as commercial if that's viable. The sense is that It's not viable. They have no #enants running
forward to get into that space, it's historically bean a problem. I think at least half the
Planning Commission agreed that the changeover in that space has been s(gnificant overtime
and that they would rather see some viable use of that space rather than boarded up. And
whether that space is ever going to be boarded up or not is purely speculation.
ML - Are they the original owners of the space?
PJ - I don't know, Merv, how long they've owned the space.
ML - Okay, I think the answer to that is no, sa they bought the space knowing what .
they were getting. I mean, they got a prise on it based on the knowledge that they now have
that it doesn't work as comma:c(al.
PJ - Weil, but the use of this space Is allowed as commercial ar residential.
ML - I don't have a problem because there's already residential there. 1 think in
general because of my experience at Crossroads, doing one building mixed and one building
not, that the mixed building doesn't work and It creates problems. The least of which (s not
the fact of what happens when you want, when the building gets too old and you gat to rip it
down. There's a real problem between commercial and residential. The problem I've got is
adding the square footage. If #hey want to change from commercial to residential I don't have
a problem with it. Adding t square foot more of space to that building I don't agree with and
will vote against because the negotiations that went on when we did this for 120,fl00 we got
18
- ~ several things out of the developer and now to go back and come in and want to add 5000
square feet to me is nat a reasai7able request. Besides the problems of parking.
KR - Peter, I need to ask a question ar two. The or'~ginal request was for 5700
square feet and now the final reques# is for 3900 square feet?
PP - The original was for 570x, the staff recommended the conversion of 3900 which
was the existing square footage and then the Punning Commission compromised with the
5000 square toot figure which actually comes down to 4900.
KR - Okay, so tonight then we are at an addition of 4900 square feet of GRFA.
PP - Correct.
KR - Out of the 4900 square feet, haw much of that is new space? How much of it
was retail space, how much of it is new space?
PP - All of it. All of it. No, t'm sorry, na, that's 3900 hundred and some.
. PJ - The 3927 is existing.
KR - 3927 square feet is existing. 4900 square feat of additional GRFA then really
means an additional 1000 square feet to the building. 1000 square feet is the infill.
PJ - And they really only want #o add 900, I think it was just rounded off to a 1000
so that we didn't get Into a
KR - AIi right, I'm square on that. Now, when SDD 6 was originally approved and
revised and everything else, I seem to remember that there were limits an GRFA, there were
limits on commercial space and there limits on the total square footage of the en#ire project.
Why then, if we want to allow this #o happen, why then are we not reducing what's allowed
through the 5 phases in the entire project by the same amount that we're increasing this. In
other wards, if we're increasing GRFA by a certain number of feet, why aren't we taking a
certain number of square footage out of their total GRFA that they're allowed or the total retai[
19
that they're allowed?
PP - Gaod question, and the basic answer to that Is that the owners of that unbuilt
square footage wouldn't agree to reduce their number for this application.
PJ - That's never been a point of discussion and there is no where in the SDD that
commercial space 1s set as a tap Iimit.
PP - No, then I didn't understand your question. I thought your question was
was why aren`t we leaving It at 120,fi00 and reducing it by 50x0.
KR - I thought we had a max an what could be built through the 5 phases, period.
PP - GRFA.
KR - No commerdal?
PP - Okay, then I did misunderstand the question.
KR - Well, I know we had a limit on GRFA. Did we have a limit on commercial
space?
PP - Yes, there was a limit on the commercial space for the unbuilt portions of
whatever they proposed. We accepted the development plan, counted up the square footage
and said that's the commerdal that will be allowed and the number is about $16,000
additional. As far as the total that's out there existing, I don't believe there Is a total
commercial maximum that's out there In the SDD 6.
JS - I`ve got one additional quick question. If they were to come In for additional
commercial square footage because they wanted to add some lolls to this space, what would
we tell them? Are they allowed to come in artd add commercial?
PP - I think they would have to come through the same process. I believe they
would have to come through the same process.
JS - But you're not sure what that SDD says regarding
~~
,~
r
~~
,~
i~
LJ
PP _ You guys are asking some tough questions) SDD fi is not the leanest,
simplest ordinance that we have in our zoning code. In facts it took on a creative approach in
about 1973 and we've been trying to deaf with it ever since. !t's just not that clean. It's not
written sa that you know because you've done SDDs how you get a proposals you get
comfortable with It at one point or another and you adopt the development plan. And that's
got x amount of square footage for residential and commercaal and locations and uses and
this and that. This 5DD is not that clean. There Is not an overall one maximum number of
commercial that can be built ors the entire site.
JS - Do we have any SDDs that we've increased GRFA or commercial square
footage space?
PP - Oh, all sorts of them.
JS - We have?
JS - Like the Westin we did, we increased It on that, didn't we?
MC - Haw did Gorton's Saloon get transferred into condominiums -.under what
PP - Sure.
process?
PP - They redeveloped the building and condominiumized it -each space.
MC - There's nothing similar here to that?
PJ - Could I make a suggestion here Kent. i think there's a fair amount of confusion
that I'd like to request that we table this for a few weeks and try to understand all the -- I'd like
to before we do that just get some kind of a reading of what maybe the questions or additional
information are but I'm in total disagreement that there's a cap of commercial on the SDD and
so I'm not meaning to save that argument, I think Peter and I need to sit dawn and go through
the ordinance
29
JS - I think my question regarding Kent have we added on aRFA In commercial
space to other SDDs I think is, I'm sitting here wondering ten years from now, fifteen years
from now whoever owns that whole building is going to come to you and say we need to do a
redo -anew SDD -totally redo the building and in order to do it and we've seen this rec~ntiy
with a number of buildings in the Village where It may have to pop out some dormers and
come out with the commercial out to the street and make it a better fill in and on and on, And
that wi11 probably be proved at same paint in time.
ML - And we'll probably pay you as much as $3000 for that $10,000 parking space.
JS - I'm not talking about parking. I'm talking about redevelopment in town and
people taking a bad space and making it good and I think that's what this fellow's trying to do.
I don't know. I mean, it's up to him if he thinks residential is better commercial. Sounds like
he hasn't even decided yet.
ML - Well, he's got something to sell. He's got an infiil and all of a sudden he got a
5000 sq~rare foot unit that you can sell as a residential unit versus something you probably
can't sell too easily as a commerdal unit.
JS - Sa da you penalize him or do you squeeze him for what
ML - No, what's best for the Town
PJ - But Merv, how does that relate back to ...
ML - It's a give and take situation. He's asking for something. !t's a negotlatian.
PJ - Yea, but haw does that relate back to the health, safety and welfare of the
community? Whether a guy can sell his unit or not?
ML - It will be a healthier town and a safer town if we got the money to pay for those
fees.
PJ - Well, i would like to table this.
R
n~
R
1
Y
~~
22
.1c
~~
• , GW - 4r:e thing that I would be Interested is, is the viability of the leasing of thB 5008
square fast sa when you come back
JS My only Comment is gotnfl to be and somebody recently held a open house for
brokers above the River House Condominiums, there's a penthouse up there that the fellow
owns and he was short term renting it and I can tali you #here are only a handful of
penthouses in a[I of Val! Village and that's the only one that I know, maybe there might be one
other, that will short term rent.
GW - How large was that?
JS - It was 4000 square feet. Vail Athletic Club might have one, but you have a few
others. If you can think of ail of the buildings in town and which might have a penthouse on it,
most are owner-occupied. Well. it's a penthouse in the sense that it's a top floor 5000 square
foot ..
• ML - With a good view of the Sonnenalp redevelopment.
PJ - I do think that's a valid question and we can do some mare research on that
and the staff can do some more research on that.
JS - I #hink you're right. I think the VRA reservationists were at that unit for that
open house and that was the reason for the open house and they were exerted about having
a big unit available.
ML - You answered his question different that I read this document. In SDD 5 what
Is the total number of square feet in that building now? Both residential and commercial.
What's the total number of square feet?
PP - No idea.
• ML - But, I mean, is like 120,000 plus the commercial? Let's say 100,000.
PP - You're talking about this one building?
23
ML - "this SDD 6. The next question is, under his proposal, how many square feet
will it, square feet - i don't Care GRFA, 1 don't care commercial, how many square feet, will tiwe
square feet not Increase by how much?
PP - Say that again? ,
ML - What will be the difference in the number of square feet before and after this
proposal?
PP - ~ 000.
ML - 1787?
PP - No, 1000 and it could be 900.
ML - But the original request was for 5714.
PP - Yes, it has been knocked down.
Mi. - And now it's been knocked down to 1000. Additional square feet.
PP - 3900 exists today. They want another i 000 to infill lofts and add 1000 square
feet.
PJ - l guess our reasoning there fs that we don't want to take a bad commercial unit
and make it a bad residential unit and we need to do a site visit and get into the space and
look at it so that everybody understands what we're talking about, but the whole Idea in
adding the space is I think when you walk in there you'll see that if you are to go along with
the idea that it could be utilized as a residential knit, there be no, I don't think, logical reason
to restrict not at least adding enough square footage to make it a good unit of some kind and
make it a good residential unit.
JS - Peter, what happens when the owners of the rest of the tap floor, cammercaa! in
the building's common site, we have the same problem. We want to buftd residential.
Pp - I hope they don't!
Y
C~
24
.~
s
ML - Why do you hope they don't?
TS - What does your study of commercial uses show. We did a study what 3 or 4
years ago. What do we say, in tha# study that should be done? Are we going counter to that
study?
PP - To which one?
TS - The one we did on needs of new commercial spaces ire the villages? We did a
study several years ago.
PP - I don't think it's necessarily so, that that study did show that we could handle
more commercial space but it didn't get into the specifies of what's viable commercial space
and what isn't in terms of specifically where it's located. t don't think that this is really going
against the retail market analysis, the one we're referring to.
PJ - Well, and to answer the land use plan shows that we have a deficit of 70,040
square feet of retail which !know some people tend to disagree with. i agree with. I'll be the
last one to be in favor of reducing the amount of commercial square feet in town where it's
viable space, where it's ground level space or it's in a good location, but I think there's a real
concern here for second and third floor space, that is difficult to get people into that are into
ski boots or whatever.
TS - Now is there presently third floor in #his space or is there only a third Soor if we
allow the extra i 400 square feet?
PJ - There's presently a third floor.
ML - it's a loft retail space. This is where the old Polo Shop used to be.
PJ - So again, I guess, is there any consensus, is there any direction if we table this
to
TS - My consensus is I will vote no.
25
Y
PJ - Okay, Gail? ~
x
GW - The biggest problem I think is the Increase in the GRFA and I guess the
quesfion is, if you switch k #rom 3940 commercial to 3900 residential, would you be getting all
this static. And then the second quesl9on for that, and that's why its viability Is, is this 5040
square foot residential unit hugely better as tt relates to the rental market which cxeates life
and vitality within the core, because we want ta, we need better hotel rooms. Sa that's , 1
guess, what !'m struggling with.
PJ - I knew where you're coming from.
ML - To ge# one more square inch in that building which was negotiated, you'd have
to give ma something to make it worthwhile and i would suggest the $7500 a year of the ski
museum's condominium fees.
KR - I don't know how viable it is in the first place, Merv, I mean after you buy i# and
remade) it far that kind of a use, you know, a lot of dollars in it, that's not our c:ancem
however. I guess what confuses me about this issue is we have granted some additions to
SDDs before but I don't know if we've done it an a piecemeal basis. I guess the last one we
looked at was the Westin, or whatever name tha# SDD is, and we looked at parking, we
looked at commerdal re#aU, we looked at the spaces that haven't been built, both in the area
of the ruins down there ft's called and the infill space where the tent is on the lawn and where
the rockpile is and we understood that whole thing. What !don't have tonight is a full
understanding of this SDD. We're piecemealing it and I don't know what's to keep the next.
guy from coming in nex# week and biting off another piece and that's the part of the process
that I don't like, so for that reason I would be reluctant to vote for it tonight. If I understood
more about the ramifications of the entire SDD I'd be more willing to look at it favorably. •
JS - One of the problems is that you have this condominlumized SDD now. Your
2G
~'
~~
'* owner has to get everybody else's approval before he can change his part of the SDD and
M
haw do you change an SDD when you're just one of many condominium owners. !guess
we're saying tonight we could. I don'# see, quite frankly, why he needs more than 3900
square feet to make one unit. 1 mean, that would be probably one of the five largest units in
Vail Village. There are very few that are over 3000 square feet so to go above 3900 to do
one unit - it will be a 5 bedroom unit with the biggest living room in Vail Village and still have
room leftover.
ML - He's going to sell it to an Fran prince.
JS - If we were saying he's going to do 5 units and you want them to be 900 square
feet each or something like that, but when you do that then you add more parking. Then
obviously you have a lot more parking requirements everytime you add another unit, there's
supposedly another family to be there. I think 3900 square #eet is plenty big.
.Mir - You can probably get Kent's approval by saying that they'd take it with a dog.
MC - I just stepped out for a minute, are you asking haw I wouid vote tonight, is that
what your question is?
PJ - I have requested that we #able it and I was just going to try to get a general..
MC - I don't think I could support ft tonight.
PJ - a consensus as to where we're headed, and I think I have a pretty good idea.
Naw it does bring up a good question as to who owns the square footage within a zone
district and the rights to use it, because, and a far instance. For instance, t live at
Coldstream. That project has a total of 65,000 square feet of GRFA. That is a pool of GRFA
out there which the project was maybe built to 60,000, so there are 5000 additional. So as
people want to add on they can Dome in. And they don't go to the developer of Cascade
Village or Coldstream to purchase that square footage.
27
M1.. - It's probably called common area.
PJ - No, there's excess GRFA, And aq I'm saying is that I think he didn't have any
problem with us going to Joe Staufer and saying, sell us some of the GRFA, so it's kind of
in#eresting in the different SDDs ,that square footage is actually owned by individuals and not
available #o the entire property. And in some Instances it's not, !t's an interesting point that
ought to be considered, 1 think, In future SDDs because I think you do need to build in at least
enough flexibility. !mean, 1 pity the guy who has to come In here that does own a residential
unit in Vail Village Inn Phase 1 and wants to add a 2500 foot loft and to have to go through
this, that he would have to go through this process. So I #hink we have to tie careful about
pinning SDDs down to the exact square footage without leaving some sort of a bit of a flexible
amount far fine tuning. You know, l see this as a fine tuning and I guess I'm In the minority
and that's okay. But, I think it's been a good discussion.
TS - It emphasizes the point that we likely shouidn't have SDDs In the first place.
We're getting into a bag of worms here that's going to ge# worse as these buildings get older
and you have to redo them, they're almost Impossible.
J5 - Peter , if you have a duplex iot and there°s a duplex on !t, and there's 100D
square feet of ex#ra GRFA availabie #o that iot and one of the sides comes to you and says l
want to take the TODD, do you say you have to get the permission of the other side or what do
you do?
PP - Go for it.
JS
KP
KR
JS
- You just let them take the 1000?
- We don't require the approval of the other side.
- First come, first serve.
- Really??
f
~~--
~~
L
28
~•
._
s
'
'
~ MC _ It
s a race for the footage.
ML - We should talk about that.
JS - That's a problem that somebody can do that and take all of the lot's GRFA.
ML - Maybe we shouid have GRFA die after a certain number of years.
PJ - Kent, I'd like #o request anyway that we table this I guess indefinitely.
PP - Yea, Pd like to table it to a specific date though.
PJ - Yea, let's table it to November 13.
MC - Sa moved.
PP - Whatever you're comfortable with.
KR - Is there a second?
JS - Second.
KR - Moved by Mike Cacioppo and second by John Slevin to table Ordinance #24 on
• first reading for two weeks. Is there any discussion? It's actually 3 weeks, next regular
meeting.
KR - A11 in favor of the motion signify by saying yes".
ALL - "Yes"
KR - Opposed?
(pause)
KR - Mayor votes yes. Passes unanimously.
29
~ ~
MINUTEs
VAIL TOWN COUNCIL MEETING
NOVEMBER 7, 1989
7:30 P.M.
A regular meeting of the Vail Tawn Council was held on Tuesday, November 7, 1989, at
7:30 p.m., in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
Kent Rose, Mayor
John Slevin, Mayor Pro Tem
Eric Affeldt
Michael Cacioppo
Merv Lapin
Gail Wahrlich-Lowenthal
Tom Steinberg
MEMBERS ABSENT:
TOWN OFFICIALS PRESENT:
None
Ron Phillips, Town Manager
Pam Brandmeyer, Town Clerk
The first order of business was a Ten Year Employment Anniversary Award to Mike
Rose. Ran Phillips gave background information on Mike, the Superintendent of
Parking with the Town of Vail, and this was followed by comments from Stan
Berryman. Mike thanked everyone, and Kent Rose stated the Council appreciated
Mike's hard work over the years.
The second item of business on the agenda was a consent agenda of the following
items:
A. Approval of the October 3 and 17, 1989 Meeting Minutes
B. Appointment of Steve Simonett as a Local Licensing Authority Board Member
After a brief discussion regarding the minutes, Merv Lapin made a motion to approve
the consent agenda, which John Slevin seconded. A vote was taken and the motion
passed unanimously 7-0.
The next item was Ordinance No. 23, Series of 1989, second reading, adopting a 1990
budget and financial plan. Mayor Rose read the full title. Steve Barwick noted the
changes made for second reading. Tom Steinberg questioned the surveyor position and
the possibility of a better way to handle it; Mayor Rose agreed he also had
questions regarding that and felt it should be put on a future Work Session agenda
for discussion. Eric Affeldt commended staff on their reporting and information
gathering far Council. He felt the Town was in the best financial position ever,
. but was disappointed the public was not that interested. He noted he was not in
favor of as large an increase in the marketing budget as what was approved at first
reading. Mike Cacioppo agreed with Eric regarding the marketing budget, and that
was one reason why he voted against the ordinance at first reading. John Slevin
briefly explained why he thought it was increased to the final amount. After some
discussion, Mayor Rose stated the amount should be left as it was at this point, to
be determined later, depending on Town of Avon, Eagle Gounty, and Vail Associates'
contributions. Merv Lapin made a motion to approve the ordinance on second reading
with a reduction in the marketing fund to $117,000 instead of the $163,000, and Eric
Affeldt seconded. Rob Levine commented why he felt the $163,000 should be left in.
A vote was taken and the motion failed 3-4, with Tom Steinberg, Kent Rose, John
Slevin, and Gail Wahrlich-Lowenthal opposing. Eric Affeldt then made a motion to
approve the ordinance on second reading with the marketing fund amount of $163,000.
Tom Steinberg seconded the motion. Mike Cacioppo remarked he would vote against the
ordinance because he did not believe the Community Development Department needed an
increase in staff (it should be getting smaller, not larger), he was disappointed
there was no West Vail fire station included in the budget, did not agree with a
five percent increase for the Town Manager's position, did not agree with the large
increase for the Marketing Board budget, or the $35,000 funding to Brava! Colorado.
Mayor Rose remarked there was a five percent increase in the budget, but no actual
increase had been approved yet, so the money was not guaranteed to be spent. A vote
was taken and the motion passed 6-1, with Mike Cacioppo opposing.
The fourth order of business was Ordinance No. 29, Series of 1989, first reading,
regarding sales tax revenue bonds for the parking structure expansion and
renovation. The full title was read by Mayor Rose. Charlie Wick introduced Steve
Jeffers, of Kirchner Moore, and Dee Wisor, of Sherman & Howard. Steve distributed
revised copies of the ordinance with changes made earlier today. He reviewed the
changes and explained the reasoning for them. Steve then answered questions of
Council. Merv Lapin made a motion to approve the ordinance, and Tom Steinberg
seconded. A vote was taken and the motion passed unanimously 7-0.
The next issue was Ordinance No. 30, Series of 1989, first reading, establishing a
program of investments to provide for the payment of the Town's outstanding bonds.
Mayor Rase read the full title. Steve Jeffers noted two minor changes in the
ordinance, and explained what the ordinance would do. He and Dee Wisor then
answered questions of Council. After some discussion by Council, Merv Lapin made a
motion to approve the ordinance. The motion was seconded by Mike Cacioppo. A vote
was then taken and the motion passed unanimously 7-0.
Next was Ordinance No. 24, Series of 1989, first reading, amending Special
Development District No. 5 converting condominium unit na. 30 from commercial to
residential. The full title of the ordinance was read by Mayor Rose. Peter Patten
commented this item had been tabled at the last Evening Meeting, and the request was
to convert the Goods retail condominium unit in the Vail Village Inn into
residential space. He noted there had been same revisions to the proposal since the
last meeting; he explained what the changes were. Peter then gave background
information regarding Phases I and II of the condominiums in the Vail Village Inn,
and added staff continued their recommendation far approval of the conversion.
There was then same discussion between Council, Peter Jamar, and Peggy Osterfoss
. regarding the Planning and Environmental Commission`s decision and reasoning for
denying the request by a vote of 4-3. A motion to approve the ordinance was then
made by Merv Lapin and seconded by Gail Wahrlich-Lowenthal. After mare discussion
between Council and Peter Jamar, a vote was taken and the motion passed unanimously
~-a.
Ordinance Na. 25, Series of 1989, first reading, amending Title 17 to provide a
definition for single family subdivisions was next an the agenda. Mayor Rose read
the full title. Mike Mollica briefly explained the ordinance, and then answered
questions of Council. After a short discussion, Eric Affeldt made a motion to
approve the ordinance, which Mike Cacioppo seconded. A vote was taken and the
motion passed 5-1, with Merv Lapin opposing.
The eighth order of business was Ordinance No. 26, Series of 1989, first reading,
amending Section 18.24.020 by adding "Commercial Ski Storage." The full title was
read by Mayor Rose. There was no discussion by Council or the public. Merv Lapin
made a motion to approve the ordinance, and John Slevin seconded. A vote was taken
and the motion passed unanimously 7-0.
The next item was Ordinance No. 27, Series of 1989, first reading, amending Chapter
2.20 by adding an application fee for temporary liquor licenses. Mayor Rose read
• the complete title. Pam Brandmeyer explained the reasoning for the ordinance, and
answered questions of Council. A motion to approve the ordinance on first reading
was made by Merv Lapin and seconded by John Slevin. A vote was taken and the motion
passed unanimously 7-0.
The tenth item on the agenda was Ordinance No. 28, Series of 1989, first reading,
amending Chapter 15.22 regulating signs in the Arterial Business District and
Commercial Core III zone district. Mayor Rose read the title. Mike Mollica gave
background information on the ordinance, and commented the Planning and
Environmental Commission unanimously recommended approval. Merv Lapin made a motion
to approve, with John Slevin seconding. A vote was taken and the motion passed
unanimously 7-0.
The last item on the agenda was a Gart Brothers sign variance request. Kristan
Pritz reviewed the requests for variances of size, height, and number of signs, and
reviewed criteria used for the requests. She then explained why staff recommended
approval. Kristan commented the Design Review Board had approved the requests by a
5-0 vote for the variance, and a 4-1 vote for the design; one did not like the black
and white striped barber pole. After some discussion by Council, Gail
Wahrlich-Lowenthal made a motion to approve the three variance requests in
accordance with the findings in the staff memorandum dated October 18, 1989. John
Slevin seconded the motion. A vote was taken and the motion passed 4-3, with Tom
Steinberg, Eric Affeldt, and Merv Lapin opposing. Gail Wahrlich-Lowenthal and John
Slevin explained to staff that Council should be informed of something like this
-2-
r
design affecting a large area. Something like the flags, pole, and scale of the
sign should be emphasized to Council in the Design Review Board report. Peter
Patten and Kristan emphasized that the pole and flags had been previously approved
by the DRB before the sign variance was considered. They also stated it would be
inappropriate for the staff to decide which proposals have negative impacts and
which proposals da not. It was also pointed out that three planners handle DRB
requests. It is impossible for the planner who makes the DRB report to know about
all the details of each proposal, particularly when a project is approved
unanimously by the DRB. After some discussion, Kristan stated staff would try to be
more sensitive to issues like this. Mike Cacioppo then asked for a reconsideration
vote. Ron Phillips looked up the correct procedure in Roberts` Rules of Order, and
to have the vote reconsidered would take a two-thirds vote. Mike Cacioppo then made
a motion that the previous question be reconsidered, which Merv Lapin seconded. A
vote was taken and the motion failed 4-3, with John Slevin, Kent Rose, and Oail
Wahrlich-Lowenthal opposing. The motion failed due to lack of a two-thirds vote for
reconsideration.
Under Citizen Participation, Ken ~lilson thanked the Council, Ron Phillips, and the
Town staff for the construction of the road by his house. He felt the Town did a
great job, and the road was much better now.
James Johnson requested that Evening Meeting minutes, transcripts, or tapes be
available at the Public Library for review. Mayor Rose replied that copies of the
minutes would be made available at the Library.
There being no further business, the meeting was adjourned at 11:00 p.m.
•
ATTEST:
Pamela A. Brandmeyer, Town Clerk
Minutes taken by Brenda Chesman
L`
Respectfully submitted,
`t0~~
Kent-R. Rose, Mayor
-3-
MINUTEs
VAIL TOWN COUNCIL MEETING
NOVEMBER 21, 1989
7:30 P.M.
A re u1ar meetin of the Vail Town Council was held an Tuesday, November 21, 1989,
g g
at 7:30 p.m., in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
Kent Rose, Mayor
John Slevin, Mayor Pro Tem
Eric Affeldt
Michael Cacioppo
Merv Lapin
Gail Wahrlich-Lowenthal
Tom Steinberg
MEMBERS ABSENT:
TOWN OFFICIALS PRESENT:
None
Rnn Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
Mike Cacioppo was not present at the time the meeting began.
The first order of business was Resolution No. 62, Series of 1989, recognizing and
congratulating Red Sandstone Elementary School for winning the 1989 State Champion
physical fitness award. Ann Sanders and Firooz Zadeh accepted the resolution on
behalf of the children, and thanked the Council for recognizing the students.
Mike Cacioppo arrived.
A motion was made by Gail Wahrlich-Lowenthal to approve the resolution. The motion
was seconded by Tom Steinberg. A vote was taken and the motion passed unanimously
7--0.
The next item was Ordinance No. 29, Series of 1989, second reading, regarding sales
tax revenue bonds for the parking structure expansion and renovation. The full
title was read by Mayor Rose. Joe Barrows (representing Steve Jeffers), of Kirchner
Moore, and Dee Wisor, of Sherman & Howard, remarked on a few changes made in the
ordinance since first reading, and why. They distributed revised copies of the
ordinance with the noted changes. They also commented on the band ratings and a
rate change, and then answered questions of Council. Eric Affeldt made a motion to
approve the ordinance with the changes presented by Dee Wisor. John Slevin
seconded. A vote was taken and the motion passed unanimously 7-O.
Item three was Ordinance No. 30, Series of 1989, second reading, establishing a
program of investments to provide for the payment of the Town's outstanding bonds.
Mayor Rose read the full title. Dee Wisor distributed updated copies of the
ordinance with the exact amounts filled in. Joe Barrows and Dee then answered
questions of Council. After some discussion, Eric Affeldt made a motion to approve
the ordinance with the changes as presented by Dee Wisor. The motion was seconded
by Merv Lapin. A vote was then taken and the motion passed unanimously 7-0.
The next order of business was a Consent Agenda of the following items:
A. Ordinance No. 24, Series of 1989, second reading, amending Special
Development District No. 6 converting condominium unit no. 30 from commercial to
residential.
B. Ordinance No. 25, Series of 1989, second reading, amending Title 17 to
provide a definition for single family subdivisions.
C. Ordinance No. 26, Series of 1989, second reading, amending Section
18.24.020 by adding "Commercial Ski Storage."
D. Ordinance Na. 27, Series of 1989, second reading, amending Chapter 2.20 by
adding an application fee for temporary liquor licenses.
E, Ordinance No. 28, Series of 1989, second reading, amending Chapter 15.22
regulating signs in the Arterial Business District and Commercial Core TII zone
district.
Mayor Rose read the full title of each. Joe Macy, of flail Associates, Inc., stated
he had a problem with Ordinance No. 28, and asked Council to have this item
withdrawn from the Consent Agenda and tabled to a later date. Merv Lapin had a
question regarding Ordinance No. 25, and asked to have it withdrawn from the Consent
Agenda, also. Merv Lapin then made a motion to approve Ordinances 24, 26, and 27 on
the Consent Agenda. The motion was seconded by Jahn Slevin. A vote was taken and
the motion passed unanimously 7-0.
Ordinance No. 25, Series of 1989, second reading, was then discussed. Merv Lapin
asked to have the ordinance clarified. Peter Patten tried to clarify the
subdivision issue and explained just what the ordinance would do.
Mayor Rose interrupted the meeting at this point to announce the outcome of the
municipal election. He stated that Peggy Osterfoss, Rob Levine, and Jim Gibson were
elected for four year terms, and Lynn Fritzlen was elected for a two year term. A
ten minute break followed.
Discussion regarding Ordinance No. 25 continued. Larry Eskwith gave further
clarification. Merv Lapin then made a motion to approve the ordinance on second
reading, and Tom Steinberg seconded. A vote was taken and the motion passed
unanimously 7-0.
Ordinance No. 28, Series of 1989, second reading, was next. Joe Macy read the
paragraph he objected to - page 3, Section 4. He gave a hypothetical case of a
potential problem as he saw it. He felt it was unfair that a new business
technically would not be allowed a sign if the building did not have an approved
sign program. Larry Eskwith explained the same language was used as was used for
signage in the Commercial Core III sign code, Bruce Allen remarked the problem Joe
was talking about was not hypothetical, but a real problem which existed currently.
Kristan pritz explained the reasoning for the paragraph's inclusion in the
ordinance. She stated that sign programs were required in CC3 to try and develop a
comprehensive approach to signage for the large "shopping mall" type buildings in
West Vail. Merv Lapin discussed tabling the ordinance for two weeks so the staff
could work on rewording. There was some discussion regarding the problems. Eric
Affeldt made a motion to table the ordinance until the next Evening Meeting December
5, which Mike Cacioppo seconded. Eric commented he agreed with Merv, that if
something was in the Cade we did not enforce, either enforce it or get rid of it;
there was no reason to leave something on the books if we were not going to enforce
it. Bruce was told to contact Kristan with his concerns. A vote was taken and the
motion passed unanimously 7-0.
The fourth item on the agenda was the sign variance request for the Finishing Touch
Furniture Showroom located in the Tnn at Vail (Applicant: Jim Wilson}. Larry
Eskwith gave chronological background information up to the current date. He stated
that the applicant had never appealed the Design Review Board decision on the design
of the awning, so there was no basis for the applicant to be before the Council
tonight. Mayor Rose asked how things got to this point, to which Larry replied he
had just looked at the staff memorandum for the first time today. Peter Patten
added that they had found the error today at 5:00 p.m. Peter then reviewed the
Design Review Board's actions up to this point. After some discussion regarding
problems and options, Tom Steinberg made a motion to table the item until the
project was reviewed by the DRB and the applicant appeals the DRB decision on the
design of the signage. Eric Affeldt seconded. A vote was taken and the motion
passed unanimously 7-0.
Under Citizen Participation, Mike Cacioppo requested to continue receiving check
registers. He stated he would pay for the copies, and submit a check on a monthly
basis.
Tom Steinberg asked if the problem regarding the villa Cortina was being addressed.
Ron Phillips stated it would be. Peter Patten remarked it was an old problem.
Mayor Rose asked that if all business was concluded, he would like the Council to
move into an Executive Session at this time to discuss a continuing land
negotiation.
-2-
9 ~ i
There being no further business, the meeting was adjourned at 9:~5 p.m.
Respectfully submitted,
~ 7°i~c'~~ ~~~
~.
Kent Rose, May r
ATTEST:
~1.~: ~~a.G~nLCd,~C.~,rtiJ
Pame~j a ,4. Brandmeyer, 'Town Clerk
Minutes taken by Brenda Chesman
•
-3-
MINUTES
UAIL TOWN COUNCIL MEETING
pECEMBER 5, 1989
7:30 P.M.
• A regular meeting of the Uail Town Council was held on Tuesday, December 5, 1989, at
7:30 p.m., in the Council Chambers of the Uail Municipal Building.
MEMBERS PRESENT:
Kent Rose, Mayor
Tom Steinberg, Mayor Pro Tem
Lynn Fritzien
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
Larry Eskwith was not present at the time the meeting began.
The first order of business was a Ten Year Employment Anniversary Award to Charlie
Davis. Ron Phillips gave background information on Charlie, a Meavy Equipment
Operator iT with the Town of Uail, and this was followed by comments from Pete
Burnett. Charlie thanked everyone, and Kent Rose remarked the Council appreciated
Charlie's hard work over the years.
The second item of business on the agenda was approval of the November 7 and 21,
1989 meetings minutes. There was no discussion by Council or the public. Tom
Steinberg made a motion to approve the minutes as presented, which Merv Lapin
seconded. A vote was taken and the motion passed unanimously 7-0.
The next item was Ordinance Na. 28, Series of 1989, second reading, amending Chapter
16.22 regulating signs in the Arterial Business District and Commercial Core III
zone district. Mayor Rose read the full title of the ordinance. Mike Mollica Hated
the wording in Section 4 had changed since first reading and explained the
reasoning. Joe Macy agreed the new wording was fine. Mike then answered questions
of Council. Merv Lapin made a motion to approve the ordinance, and Rob Levine
seconded. A vote was taken and the motion passed unanimously 7-0.
Mayor Rose commented that Larry Eskwith was Hat present yet, and since his input was
needed on a couple of agenda items, the agenda items would be moved around until he
does arrive.
The fourth item was Ordinance Na. 32, Series of 1989, first reading, regarding a
supplemental appropriation to the Town budget. The full title was read by Mayor
Rase. Steve Barwick explained the supplemental appropriation was for $5,77,923,
and reviewed what funds were affected and why. He then answered questions from
Council. A motion to approve the ordinance on first reading was made by Merv Lapin,
and seconded by Tom Steinberg. A vote was taken and the motion passed unanimously
7--a.
Council then proceeded with the appointment of two members to the Planning and
Environmental Commission. Mike Cacioppo stated his opposition to the secret ballot
vote, and read some paragraphs from the Charter. Mayor Rose responded with his
interpretation. Connie Knight and Jim Shearer were chosen as the new PEC members.
There was then some discussion regarding the proper procedure by Council to
appointments for boards and commissions. Robert Levine made a motion to appoint
Connie and Jim to the PEC, which was seconded by Tom Steinberg. After more
discussion, a vote was taken and the motion passed 5-2, with Merv Lapin and Lynn
Fritzlen opposed. Merv and Lynn wanted to wait for a legal opinion from Larry
Eskwith.
. Ordinance No. 31, Series of 1989, first reading, creating regulations far bed and
breakfasts in the Town of Vail, was the next item to be discussed. The full title
of the ordinance was read by the Mayor. Peter Patten gave chronological background
information and reasoning for the ordinance; afterwards, he answered questions.
•
At this time, Larry Eskwith arrived.
Peggy Osterfoss commented "designated" parking spaces should be included somewhere
in the ordinance. Peggy and Jim Gibson suggested adding the word "designated" to
17.8.1, "Off Street Parking." Discussion returned to Section 20, ending with tarry
• Eskwith's remark that staff would work an the language for second reading. Robert
Levine questioned the date in Section 18, June 12, 1989; Peter Patten stated it was
a typographical error, it should be 1990. Mike Cacioppo commented why he was
opposed to the ordinance which he felt was overregulation. Peggy Osterfoss remarked
the ordinance is the result of two years of work by the Planning and Environmental
Commission and the Council, and with much compromise. She though the ordinance was
good, with the minor changes in Sections 17 and 18. Jim Lamont agreed it was the
result of a lot of hard work, the Council should move forward with it, and gave his
thoughts on the ordinance and the progress made to date. He did request Council to
ask staff to keep records aver the next two years to build a statistical base for
bed and breakfasts. He then made comments on areas he had suggestions for. Kathy
Fagan questioned the business license fee for bed and breakfasts, which Robert
Levine, Jim Gibson, and Larry Eskwith answered. After much discussion by Council,
staff was directed to begin the amendment process for the business license fee
ordinance to include bed and breakfasts as home occupancy businesses, once the
ordinance has passed. Larry Eskwith then stated it was all-right to delete Section
20 for second reading; it was not needed. Tom Steinberg made a motion at this time
to approve the ordinance with Sections 17 and 18 amended and Section 20 deleted.
Peggy Osterfoss seconded the motion. A vote was taken and the motion passed
unanimously 7-D.
A sign variance request and an appeal of a Design Review Board decision for the
• Finishing Touch Furniture Showroom, located in the Inn at Vail, was the next item.
Mike Mo11ica gave background information regarding the sign variance request for ten
feet above the allowable height. He reviewed the findings and staff responses, and
explained why staff recommended denial. Mike noted the Design Review Board, on
November 29, 1989, voted 4-0 for denial of the design of the proposed awning and
associated signage. It was clarified the Council was to decide on 1) the height
variance of the sign, and 2) the awning and design of the sign. John Dunn,
representing Jim Wilson of the Finishing Touch, gave some additional background
information on the signage and awning design.. He then proceeded with reasons why he
felt the variance and appeal should both be approved. After some discussion by
Council, Jim Wilson spoke on his own behalf requesting Council approval. Peggy
Osterfoss made a motion to uphold the Design Review Board's recommendation, and to
deny the height variance request based on the finding of no physical hardship, and
incorporating the findings as noted in the staff memorandum dated November 21,
1989. Tom Steinberg seconded the motion. A vote was taken and the motion passed
unanimously 7-0. Peggy Osterfoss then made a motion to uphold the Design Review
Board decision with regard to the design of the awning and sign, that it called
undue attention to itself, as noted in the staff memorandum dated November 21,
1989. The motion was seconded by Tom Steinberg. A vote was taken and the motion
passed 6-1, with Jim Gibson opposing. John Dunn asked that the photographs and
drawings he had presented to Council be made a part of the hearing, and they were
• marked as Exhibits 1 - 9.
There was no Citizen Participation.
Mayor Rose informed Larry Eskwith of the Planning and Environmental Commission
appointments, and explained the questions raised concerning the secret ballot.
Larry stated he believed the Council had acted correctly; as long as the decision is
made by motion, it was legal, and the Council had acted pursuant to the Charter.
James Johnson stated he appreciated copies
Library, and now was proposing the agendas
suggested Cauncilmembers adopt a local for
to let the public get to know them. There
suggestion. It was noted the Transportati
inviting locals to its meetings.
of the minutes being available at the
go out earlier to the paper. He also
a day, and go through the day with them,
was a short discussion regarding the
~n and Parking Advisory Committee was
Lynn Fritzlen commented there were a lot of Council meetings held during regular
working hours, and maybe this should be discussed in the future. Merv Lapin added
maybe Council should look at raising Councilmembers' pay to help out. Robert Levine
encouraged Council to look into some of the things James Johnson had recommended.
Jim Gibson remarked he would like to hold Town meetings so the public could speak
out on Town issues. Mike Cacioppo stated his irritation over agenda documents not
being available before Council meetings. After much discussion by Council, it was
decided no changes in the agenda distribution process would be made.
-2-
~ ..
There being no further business, the meeting was adjourned at 10:25 p.m.
Respectfully submitted,
•
-P ~,~ J c~77~--
Kent R. Rose, Mayor `
ATTEST:
~~/!?at ,tG l Jff .
Pamela A. Brandmeyer~ T~ Clerk
Minutes taken by Brenda Chesman
-3-
~ r'
MINUTES
VAIL TOWN COUNCIL MEETING
DECEMBER 19, 1989
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, December 19, 1989,
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
Peggy Osterfoss
Robert Levine
Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
The first order of business was Ordinance No. 31, Series of 1989, second reading, an
ordinance amending sections of Chapter 18 of the Vail Municipal Code and repealing
and re-enacting Section 18.58.310, Short Term Rental Accommodation Unit of the
• Municipal Code to provide for bed and breakfast operations under certain provisions
and circumstances and to define bed and breakfast and setting forth details in
regard thereto. Mayor Rose read the title in full. Peter Patten noted changes
requested at first reading had been made and recommended approval of the ordinance
with those changes. Kay Chaney asked questions of the Town staff regarding the
distinction between short term rentals and bed and breakfasts and business license
fees charged for each. She was referred to staff for discussion of this issue
following passage of this ordinance in that her question related to business license
fees, not the ordinance in question. Peggy Osterfoss moved to approve Ordinance No.
31 on second reading. Merv Lapin seconded that motion. A vote was taken and the
motion passed unanimously 6-0.
The second order of business was Ordinance No. 32, Series of 1989, second reading,
an ordinance making supplemental appropriations from the Town of Vail general fund,
Booth Creek local improvement district fund, Communities for Drug-Free Eagle Valley
fund, special parking assessment fund, Vail marketing fund, Linnshead Mall
assessment district fund, and the real estate transfer tax fund, of the 1989 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. Questions were asked by Merv Lapin in regard to~the increase in the Vail
marketing fund to $37,707, and also in the amount designated for the Communities for
. Drug-Free Eagle Valley fund to $11,500. Charlie Wick responded. Following this,
Merv Lapin moved to approve Ordinance No. 32 on second reading, with the changes as
noted by Charlie Wick, and Tom Steinberg seconded that motion. A vote was taken and
the motion passed unanimously 6-0.
Item number three on the agenda was Resolution No. 63, Series of 1989, a resolution
appointing a Municipal Court Judge for a term of two years. Merv Lapin moved to
approve Resolution No. 63, Series of 1989, appointing Buck Allen as the Town of Vail
Municipal Judge for a two year term, and Tom Steinberg seconded that motion. A vote
was taken and the motion passed unanimously 6-0.
Item four on the agenda was Resolution No. 64, Series of 1989, a resolution
approving a contract for the purchase of Lot 1, Block 6, Vail Intermountain
subdivision; and setting forth details in regard thereto. It was noted by Larry
Eskwith and Ron Phillips that currently soil samples are being taken to determine
whether chlorine will be found in the soil, and additionally, an inspection of the
roof insulation was completed and it was found to be cellulose. However, Larry
noted that a contract would not be signed until the outcome of the chlorine research
was completed. At this point, Lynn Fritzlen moved to approve Resolution No. 64, and
Merv Lapin seconded that motion. A vote was taken and the motion passed unanimously
6-0.
• The fifth item for consideration was Resolution No. G5, Series of 1989, a resolution
approving an assignment of a purchase contract for the purchase of Berry Creek 5th
Filing; and setting forth details in regard thereto. After discussion, it was
decided to call a special meeting according to Charter provisions to allow for the
special meeting on Tuesday, December 25, 19$9, ai: 3:00 p.m., this meeting to be held
in the Council Chambers of the Vail Municipal Building. In the notice to the
public, the only items to be considered will have to do with the Berry Creek 5th
Filing and the Miller Ranch. Larry was instructed to prepare a summary of the
• purchase contract in layman's terms and to have this available for the special
meeting. Tom Steinberg moved to continue Resolution No. 65 to that special meeting
on December 26, and Merv Lapin seconded this oration. R vote was taken and the
motion passed unanimously 6-0.
Item ~fn. 6 on the agenda, action on a Vail Metropolitan Recreation District tennis
court ground lease, was withdrawn to be heard at the first meeting in January,
January 2, 1990.
Under Citizen Participation, Ran Phillips mentioned that Sheika Gramshammer had
requested he speak to the Council an her behalf in support of a gala dinner that she
will be sponsoring for Betty Ford. At the dinner, a Betty Ford award wi11 be given
and all proceeds from this dinner wi11 go to the Betty Ford Center. A gold table,
which is the table she is hoping the Town Council will sponsor, will cost $7,500.
The Council requested that Sheika appear at one of their first meetings in January
to discuss this event in detail.
There being no further business, the meeting was adjourned at 8:35 p.m.
Respectfully submitted,
~~~
Kent Rose, Mayor `
ATTEST:
Pamela A. Brandmeyer, Town Clerk
Minutes taken by Pamela Brandmeyer
•
-2-
MINUTES
VAIL TOWN COUNCIL SPECIAL MEETING
DECEMBER 25, 1989
3:00 P.M.
A special meeting of the Vail Town Council was held on Tuesday, December 26, 1989,
at 3:00 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
MEMBERS ABSENT:
TOWN OFFICIALS PRESENT:
Lynn Fritzlen
Robert Levine
Peggy gsterfoss
Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Before items on the agenda were discussed, Ron Phillips reviewed the history of the
project for land far recreational and employee housing plans. He gave chronological
background information up to date. He then gave a summation of the negotiations
over the last several months up to now.
At this time, Larry Eskwith asked for a few minutes to speak to Nola Dyal of Vail
Associates, Inc.
Merv Lapin commented he appreciated the sign that was put up stating the Village
parking structure was full, but still felt there should be a sign directing people
to Lianshead parking structure. Ron Phillips stated it would be taken care of.
There was then some discussion regarding the number of bus drivers and the
possibility of extended hours of service. It was learned it would not be possible
at this time, as the bus department was down several drivers.
Council recessed for a few minutes.
When the meeting reconvened, Larry Eskwith introduced Jim Kurtz-Phelan, of Berenbaum
and Weinshienk, who was helping the Town with the due diligence for the purchase of
the Berry Creek bth Filing property. Larry then noted some conditions included in
the assignment which Uail Associates wanted removed, but they agreed the contract
would not be signed until the conditions were met. Larry reviewed the conditions,
their ramifications, and potential risks to the Town. There: was some discussion by
Council, and Larry answered questions. Larry stated the C'oun~il could not approve
. financing at this paint, as there was na final draft of the promissory note done.
He stated there would have to be another special meeting and recommended Friday,
December 29, 1989. He then went over the conditions that needed to be met. After
some discussion and questions by Council, Larry then reviewed the conditions the
Town would be required to do after the purchase. There was some discussion
regarding rezoning the property for employee housing. Jim Kurtz-Phelan answered
questions of Council regarding the due diligence and development costs. Larry
commented the intergovernmental agreement between the Town of Avon, Eagle County,
and the Town of Vail was being worked on, but was not completed yet. There was some
discussion by Council regarding a special meeting for Friday and the possibility of
no quorum; Merv Lapin was the only one who would have a problem attending. Mayor
Rase stated he understood the risks the Council should be aware of, but saw no
problem going forward. Larry stated there was no risk putting off the items on the
agenda for vote until Friday; the Council would have to wait to vote on the
financing until Friday anyway. There was then some discussion regarding the Miller
property, and the five acres of the June Creek property (Parcel B) which will,
supposedly, be given to the Town of Vail because of access problems. At this time,
Ron Phillips suggested the Council act on the assignment without the three
conditions - 1) the boundary dispute, 2} the Eagle Association deed of trust, and 3)
the right of first refusal. He suggested they approve the assignment with these
things: Items C, D, and F on page 2 of the assignment be deleted, and add the
condition that we obtain a satisfactory opinion from our special water counsel, Dave
• Robbins, that there is sufficient irrigation rights to develop the property as we
intend to do. Larry Eskwith stated the conditions would have to be satisfied before
the Council could executed the assignment, and he would tell Council Friday if the
,.
conditions had been satisfied. Merv Lapin made a motion to approve the assignment
of the contract between George Gillett and the Town of Vail, without conditions G,
D, and F on page 2 of the assignment, but add the condition that approval was
subject to obtaining satisfactory opinion from our water attorney, Dave Robbins,
that there are sufficient irrigation rights to develop the property as we intend to
do, and that the conditions deleted must be met, but would not be a part of the
contract, before the contract is signed. Jim Gibson seconded the motion. A vote
was taken and the motion passed unanimously 4-0.
Mayor Rose announced there would be a special meeting of Council Friday, December
29, 1989, 3:00 p.m., in the Council Chambers, considering the resolutions and
financing ordinance for the purchase of Berry Creek 5th Filing: At this time, Jim
Gibson remarked the people involved in this should be commended - Jim Stovall, Jerry
Davis, John Slevin, Ron Phillips, Larry Eskwith, Don Welch, and Jim Fritze -for
their outstanding effort. Larry added that John Slevin had done an incredible
effort in the negotiations.
There being no further business, the meeting was adjourned at 4:30 p.m.
Respectfully submitted,
'~ ~G'7.-~_ r
Kent fit. Rase, Mayor `
i ATTEST:
~, ~'~ttf~N~.s~f.u.~`-J
Pamela A,.Srandmeyer, Town Clerk
Minutes taken by Brenda Chesman
•
-2-
~.
tawo
75 south frpntage road
gall, Colorado 81 B57
{303) 479-2138
PUBLIC NOTICE
To be published in THE VAIL TRAIL Friday, December 22, 1989.
PUBLIC NOTICE TS HEREBY GIVEN that the Town Council of the Town of
Vaii will hold a Special Meeting to be held on Tuesday, December
26, 1989, at 3:QQ P.M., in the Council Chambers of the Vail
Municipal Building, 75 South Frontage Road West, Vail, Colorado.
To be considered at this Special Meeting are the following items:
1. Resolution No. 65, Series aE 1989, a resolution approving
an assignment of a purchase contract for the purchase of
Berry Creek 5th Filing; and setting forth details in
regard thereto.
2. Ordinance No. 33, Series of 1989, an ordinance approving
financing for the purchase of Berry Creek 5th Filing and
the Miller Ranch Parcel; and setting forth details in
regard thereto.
3. Resolution No. 66, Series of 7.989, a resolution approving
financing for the purchase of Berry Creek 5th Filing and
the Miller Ranch Parcel; and setting forth details in
regard thereto.
4. Resolution No. 67, Series of 1989, a resolution approving
the Agreement for the Miller Ranch Purchase Contract; and
setting forth details in regard thereto.
5. Resolution No. 68, Series of 3.989., a resolution approving
an Intergovernmental. Agreement between the Town of Avon,
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; and
setting Earth details in regard thereto.
All members of the public are invited to attend and be heard.
TOWN OF VATL
Pamela A. Brandmeyer
Town Clerk
~ ~ m ~ X30 oy_. b
~ ci Q. _ o t~ x ~~~ cp~~~o ~.
~6 ma'~~a:~~mm
m _~ B ~ a ~` ~ ~,. oy~ _ oo ~'
~ Q y 7 ~ ~ ~~ ~ -n 7
cD w . ~ Ll C Q ~~ ~ p'
H 0 @ ~ ~ p ~ Q~~p?~~~~
-+n~__D
o ~ ~ ~ -~' ~i °Q~ ~oo~r
Q ~ ~ ~ ~ ~~ g ~~o a~4
N o ~ ~' c~ ~~ ~ ~~'~~
\ ~. ~ o ~ Q ~ ~~o~oo~o~
Q~ ~ ~
n ~ ro ~ ~ ~~ ~~~~ ~ ~~
? -~« cu -
^ y (tx~~ /~~~~104
~ l
~O fO~ Q Q ~ ~ ~ o~ j~~~ Q~
~~ ,
3'
~ .,
.~
1.. _ ~~
~'.
.~
r
O
O O
r
~ O
f7l
r
Z ,
,fin
3C
0
m
Q
"'~1
Z
MINUTES
VAIL TOWN COUNCIL SPECIAL MEETING
DECEMBER 29, 1989
3:00 P.M.
A special meeting of the Vail Town Council was held on Friday, December 29, 1989, at
3:00 p.m., in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT: Kent Rose, Mayor
Lynn Fritzlen
Jim Gibson
Merv Lapin
Peggy Osterfoss
MEMBERS ABSENT: Tom Steinberg, Mayor Pro Tem
Robert Levine
TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Merv Lapin was not present at the time the meeting began.
Mayor Rose asked that before discussing the resolutions and ordinance on the agenda,
he would like general discussion with Ron Phillips and Larry Eskwith concerning the
. land purchase. Ron Phillips stated there had been same question of the inclusion of
Parcel B, and the question of right of first refusal conveyed to the Town of Vail at
the time of closing; the Town would give an access easement to June Creek Ranch if
they would give the others. Steve Barwick spoke about the general terms of the note
from First6ank of Vail for two million dollars. He then discussed short-term
financing. Larry Eskwith commented he felt things were in reasonably good shape.
He then went through the key issues that still existed: 1} the potential dispute
over the overlapping boundaries with the Miller Ranch, and 2) the problems with the
Parcel 3 deed of trust, because there was no promissory note. There was some
discussion by Council regarding the possible dispute on both items. Larry then
reviewed the water rights, stating they were not terrific, only adequate, because
they were junior water rights only.
At this time, Merv Lapin arrived.
Larry reviewed the acre feet of water available and needed. He stated it may be
necessary, if the Council decided to go forward, that they would have to purchase
additional water rights, for the possible cost of $100,000, to insure we would have
all the water we needed. There was some discussion of then. .worst an.d.mos likely
case scenarios, and more discussion regarding the water issue:--Larry°~t~ated the
. environmental hazard assessment, done by Woodward-Clyde, was resolved to his
satisfaction. He also noted there were numerous easements on the property, all
utilities easements. He stated they had such old, bad legal descriptions that a
surveyor could not locate them. Larry added this could cause problems, but mast
likely, not. He then stated the Town had received a letter of commitment from
FirstBank for $2 million. Larry stated at this time he would like to go into
Executive Session with Council to review passible litigation problems regarding the
property. After he answered questions of Council, it was moved to enter into
Executive Session for a few minutes.
When the meeting reconvened, Larry discussed the revised assignment Council had just
received today, and explained the changes from the original assignment document. He
then reviewed the restrictions to the Town under the assignment. Larry also noted
the intergovernmental agreement had not been executed yet by all the parties. He
then explained both resolutions and the ordinance, what they were for and what they
would do.
The first item on the agenda was Resolution No. 65, Series of 1989, approving an
assignment of a purchase contract for the purchase of Berry Creek 5th Filing. Merv
Lapin made a motion to approve the resolution, which Jim Gibson seconded. Peggy
Osterfoss noted the Council was acting on this because it was important to have a
large piece of property secured for use for employee housing. Larry requested Merv
~~ add to the motion: On the condition a clause be added to the assignment, if George
Gillett fails to exercise his right within six months, the Town of Vail can sell to
anyone. Merv amended his motion, and Jim amended the second. Diana Donovan felt
there was some land in the Town appropriate for the Town of Vail, and felt the
County should be doing this, not the Town. Jahn Slevin noted there were no real
estate transfer tax funds used to buy this property, so those are still available
for use. Hermann Staufer felt the Council should be concerned with Vail, not the
county and down valley. He felt the Council was gambling with the Town's funds; he
would be willing to buy one or two employee housing units as he felt others would,
too, but not to share with the county; the Council was not a bank or savings and
loan; he felt we could solve our problem internally. Don Welch stated if the county
election fails, the Town could sell to George Gillett or someone else, there was no
risk. There was some discussion by Council regarding these concerns. Dal tan
Williams questioned what would happen if the vote failed and George Gillett did not
buy the property back; what was the worst case scenario, to which Merv Lapin
responded. Al Weiss commented the publicity for this public hearing had been poor
and should have been held at night. He also felt the land was too far away for the
Town's use, and the lack of enough water was important. He felt the purchase of the
Berry Creek property was not a vital issue. Lynn Fritzlen, Merv Lapin, and Mayor
Rose responded to Al's concerns. A vote was taken and the motion passed unanimously
5-O.
The second item was Ordinance No. 33, Series of 1989, emergency reading, an
emergency ordinance approving short-term financing for the purchase of Berry Creek
5th Filing. Merv Lapin made a motion to approve the emergency ordinance, which Jim
Gibson seconded. Larry Eskwith asked that a condition be included in the motion, is
to not sign the commitment letter until the assignment is executed. Merv amended
his motion, and Jim amended the second. Al Weiss stated he felt the proposed
ordinance was illegal and in violation of the Charter, as it did not fall under an
emergency. Larry responded this was not an appropriation, but was for borrowing
• money, and it was impossible to do two readings before the closing January 5, 1990.
After some discussion by Council, a vote was taken and the motion passed unanimously
5-0.
Since the intergovernmental agreement had not yet been signed by all parties,
Resolution No. 6$, Series of 1989, was postponed.
The last item was Resolution No. 69, Series of 1989, establishing a tax anticipation
note fund ("TAN fund") of the Town. Larry Eskwith stated this would establish a tax
anticipation note fund required to make the tax anticipation note proper. Steve
Barwick answered questions of Council and explained what the fund would do. A
motion to approve the resolution was made by Merv Lapin and seconded by Jim Gibson.
A vote was taken and the motion passed unanimously 5-0.
At this time, Larry Eskwith requested the Council make a general motion waiving any
defects in the public notice given to the public. Merv Lapin made a motion to waive
any defects given in the public notice presented to the public and ratify as
presented. Jim Gibson seconded the motion. A vote was taken and the motion passed
unanimously 5-O. -
There being no further business, the meeting was adjourned at 5:15 p.m.
Respectfully submitted,
~ \1C~~
Kent Rose, Mayor "
ATTEST:
~----
~~~• ~~
€~amela A. Brandmeyer, Town Clerk
Minutes taken by Brenda Chesman
y
-~-
lowo of nail
75 south frontage road
vail, oolorado 81657
(303) 479-2105
office of town manager
P~.~BLIC NOTICE
PUBLIC NOTICE IS HEREBY GIVEN that the Town Council of the Town of Vail
will hold a Special Meeting to be held on Friday, Qecember 29, 7.989, at
3:00 P.M., in the Council Chambers of the hail Municipal Building, 75
South Frontage Raad West, Vail, Colorado.
To be considered at this Special Meeting are the following items:
1. Resolution No. 65, Series of 1989, a resolution approving an
assignment of a purchase contract for the purchase of Berry
Creek 5th Filing; and setting forth details in regard
thereto.
2. Ordinance No. 33, Series of 1989, an emergency ordinance
approving financing for the purchase of Berry Creek 5th
Filing; and setting forth details in regard thereto.
3. Resolution No. 68, Series of 1.989, a resolution approving an
Intergovernmental Agreement between the Town of Avon, 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; and setting forth details in
regard thereto.
All members of the public are invited to attend and be heard.
TOWN OF VAIL
Pamela A. Brandmeyer
'town Clerk