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Home My WebLink About1988 Vail Town Council Minutesr , MINUTES URIL TOWN COUNCIL MEETING JANUARY 5, 1988 7:30 P.M. ti A regular meeting of the Vail Town Council was held on Tuesday, January 5, 1988, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: MEMBERS ABSENT: TOWN OFFICIALS PRESENT: Kent Rose, Mayor Jahn S7evin, Mayor Pro Tem Eric Affeldt Merv Lapin Gail Wahrlich-Lowenthal Gordon Pierce Tom Steinberg None Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first order of business was a presentation of plaques to Paul Johnston and Hermann Staufer fvr their service an the Vail Town Council. Mayor Rose noted Hermann served on the Council for six years and that working for the town was always close to Hermann's heart. Hermann thanked Council members, congratulated the newly elected apes and thanked the Town staff for their hard work. Mayor Rose then stated that everyone had been missing Paul, too, and that Paul nod been on the Council for seven years. Paul commented that it had been a privilege to serve as Mayor and to be on the Council. The next item was a ten year anniversary award to Mike McGee. Ron Phillips stated that Mike is the Town of Vail Fire Marshall and has worked for the Town as a Firefighter since December of 1977. After mentioning more background information an Mike, Ran congratulated him for ten years of service. Dick Duran then explained haw Mike was instrumental on the fire programs and thanked him for all of his hard work over the years. The next item was the approval of the minutes from the December 1 and 15, 1987 meetings. Mayor Rose noted that on the December ]. minutes, first page, second paragraph, that the name was "Steve Simonett", not "Dave Simonett". There was no other discussion an the minutes. Tom Steinberg made a motion to approve the minutes as presented, including the correction noted, which Gordon Pierce seconded. A vote was taken and the motion passed unanimously 7-0. The fourth order of business was an appointment to the Local Liquor Licensing Authority Board. Pam Brandmeyer commented that Colleen McCarthy was the only applicant for the position, and that Colleen had served on the Liquor Board during 1984-85 until her residence was deannexed from the Town. There were no comments from the public or Council. Gail Wahrlich-Lowenthal made a motion to appoint Colleen to the Board, and Merv Lapin seconded,. A vote was taken and the motion passed unanimously 7-0. The next item of business was Ordinance No. 1, Series of 1988, first reading, regarding an amendment of the business license fee ordinance. Mayor Rose read the full title of the ordinance. Mayor Rase stated that on Monday, January 4, 1988, the Town Clerk had received petitions requesting a referendum nn this issue. Therefore, this ordinance would be set aside until the referendum process had been completed. The sixth order of business was Ordinance No. 2, Series of 1988, first reading, regarding West Vail assessments. Mayor Rose read the title in full. Larry Eskwith stated that before Council took action on this ordinance, he wanted to present witnesses and also let those who object testify. Ron Phillips, Town Manager of the Town of Vail, was sworn. He testified the Town staff had forwarded objections on to the Council, assessment rates were open for inspection by the public, notices had been sent to a71 affected property owners, and that notices were also published in the Vail Trail. Stan Berryman, Director of Public Works and Transportation for the Town of Vail, was sworn in next. He testified he had been involved in the construction of the street improvement district, that construction began May 15, 1987 and construction is completed now, improvements ware reconstruction of 2-1./2 miles of roads which were available for use by the property owners, the total cost of the work was $1,020,000 which the Town would pay $495,000 and the residents $525,000, the bonds to be used totaled $525,000, the formula for the assessments was created by the Town of Vail engineer under Stan's supervision and described the formula used, and the assessment formula had been prepared by the Town engineer, Bill Andrews. Next, Jahn Schwartz, an independent field appraiser from Denver, was sworn. John testified as to his education, described haw he performs appraisals, that he has been used as an expert witness in appraisals for the State of Colorado and District Courts and had done many appraisals within the Town of Vail, was familiar with the West Vail street improvement district, had seen the area before and after the improvements were made, had evaluated the improvements, and the improvements enhanced the value of the properties equal to or exceeding the amounts assessed. Hud Wirth, representing a group of affected residents, was sworn in next. He testified they approve of the improvements, but disagreed because of some technical questions concerning certain properties; i.e., one lot was shown with the wrong square footage, some properties had parts that could net be used because of the slope grade and therefore should not be assessed, and did not feel that assessing developed property at half of the assessment of undeveloped property was fair. Stan responded to Hud's concerns. Larry stated that staff would look into the possibility of the error in square footage. Stan explained how the figures were decided on, to which Jahn Schwartz was in concurrence. After some discussion by Council, Larry asked for anyone to comment in favor or disfavor to speak their mind. • Byron Brown agreed with Hud Wirth, explained why he was opposed to the district and asked the Council to work on funding it another way and quit using street improvement districts. Mayor Rose agreed with Byron and that it had been discussed at the Work Session today, they were working on to improve it this year, but they had to go through first reading to keep the ball moving. Larry explained why and what's happening with the bonds according to bond counsel. He stated he would have a report for Council at the next Work Session. Dick Peterson asked questions regarding the cost of the work and funding to cover it, to which Stan responded. Dick then stated his dissatisfaction with the results. Stan then agreed to go with Dick sometime the next week to review the area in question. After a short discussion by Council, Eric Affeldt made a motion to approve the ordinance on first reading. John Slevin seconded the motion. A vote was taken and the motion passed 6-1, with Merv Lapin apposing. The seventh item was Resolution Na. 1., Series of 1.988, opposing Hamestake TI. Larry Eskwith gave background information leading up to this resolution. Ran Phillips stated this resolution would reinforce the letter opposing Homestake II signed by local municipalities. Jim Lamont thanked the Council and staff for moving quickly. Jim then Hated information to bring the Council up to date on what was happening presently. He then requested the Council incorporate his documents into the resolution or give reasons why Council does Hat agree, and requested Council make a resolution to adapt the wording of a letter from the Historical Society to Eagle County Commissioners to safeguard the historical sites in the area. Larry Eskwith stated this resolution gave a complete disapproval of the project which was what he was instructed to do by the people who signed the letter, and suggested the resolution stay the same. Ron Phillips explained the resolution was the same as Jim Lamont's position, but just does not go into detail. After a brief discussion by Council, a motion to approve the resolution was made by Merv Lapin and seconded by Gordon Pierce. A vote was taken and the motion passed unanimously 7-0. Tom Steinberg then requested a resolution be written incorporating the wording of the letter from the Historical Society. Ron stated that Council could adopt a resolution in general which Larry could draft and get approved later. Tom Steinberg then suggested the Council approve a resolution requesting the Eagle Gaunty Commissioners to consider and approve the letter dated October 27, 1987 from the Historical Satiety. A motion to approve this resolution was made by Tnm Steinberg and seconded by John Slevin. A vote was taken and the motion passed unanimously 7- 0. There was no Citizen Participation. Under the Town Manager's Report, Ron Phillips noted Tom Steinberg and Ran attended a reception for Governor Ramer, and they presented the Governor with one of the Town's VAIL books as a gift from the Council. Tom and Ron thought the Governor and his -z- wife were very appreciative. Ron then commented that bus ridership for December 1987 was down five percent from December 1986 and for the year 1987 totals were down six percent overall. He stated that the shuttle route for 1987 was down four percent and that one factor was that private shuttles increased from 65 two years ago to 1.27 in 1987. He thought more people were riding on the private shuttles, and that staff would be examining the statistics in the next few months. Ron next mentioned the Vail Community Chorale was requesting a donation from the Town of Vail for 1988. He noted last year the Town donated $500 so the Chorale could purchase material to make their outfits. He stated that the Vail Resort Association is helping the Chorale, too. Gail Wahrlich-Lowenthal commented it was amazing that the members of the Chorale devoted so much time to practicing and performing. Merv Lapin suggested that instead of the Town donating money to them, to send them to the Eagle Va11ey Community Fund for financial help. Gail Wahrlich-Lowenthal and Gordon Pierce agreed to have the Chorale approach the Community Fund for help, but if it did not work out, to resubmit their request to the Council. There being no further business, the meeting was adjourned at 9:05 p.m. Respectfully submitted, ~'~ ~ ~~ Kent R. Rose, Mayor ATTEST: Pamela A. Brar~dmeyer, Town Clerk Minutes taken_by Brenda Chesman -3- .. ; MINUTES VATL TORN COUNCIL MEETING JANUARY 19, 1988 7:30 P.M. a A regular meeting of the Vaii Town Council was held on Tuesday, January 19, 1988, 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 Affe1dt Merv Lapin Gail Wahrlich-Lowenthal Gordon Pierce Tom Steinberg MEMBERS ABSENT: TOWN OFFICIALS PRESENT: None Ran Phillips, Town Manager Larry Eskwith, Tawn Attorney Pam Brandmeyer, Town Clerk The first order of business was a Visitors Center Task Force presentation by Harry Frampton and Jim Morten, members of the Task Force. Harry stated the benefits of a Visitors Center would be an increase in the number of cars stopping by, visitors would stay longer, they would spend more money, the town could move to a one stop shopping center at the Visitors Information Center, the Center would provide an opportunity for merchants to sell more and the Center would provide a best first impression. He estimated the construction cost would be $1.75 million and the operating cost would be about the same as the two Information Booths the town presently has. Jim Morten showed examples of the committee's recommendations and sites proposed, and a1 so pros and cons of each site. Harry and Jim then answered questions from Council. Mike Cacioppo asked questions about location and access and David Kanally had questions about size and site, to which Harry Frampton responded. He then stated the Task Force would need $30-40,000 for the next phase, which Jim Morten stated would be the selection of a sate and specifics of the building design. After much discussion, Mayor Rose stated the Council was in favor of a Visitors Center and a site needed to be picked and funding approved for the next step. Harry Frampton explained how the architect was chosen for the public's information. John Slevin, Tom Steinberg and Eric Affeldt noted the Lionshead parking structure site deserved more study; Eric requested proposed off ramp traffic effects information. Gail Wahrlich-Lowenthal, Gordon Pierce and Kent Rose agreed they liked the Vail village site. Gordon Pierce requested staff investigate financing alternatives. John Slevin suggested Council look at the sites in question, to which all Council members agreed. Merv Lapin suggested there be a deadline of March 1 for a decision. Mike Cacioppo stated his concerns, to which Ron Phillips responded. Pepi Gramshammer gave reasons why he was in favor of a Visitors Center and urged the Council to move forward; David Kanally agreed. Merv Lapin thanked the Task Force for all their hard work. The next item was a Cemetery Committee presentation. Rick Pylman gave brief background information on the subject. Ed Draper, a member of the committee, gave an introduction of the committee`s recommendations. Peter Jamar explained the committee had looked at thirteen potential sites and their recommendations are by no means final decisions. He reviewed the sites they had looked at. Peter then gave a slide presentation and reviewed each parcel in general, gave specific site analysis information on each and explained why the committed suggested Donavan Park upper bench as the site far a cemetery. Rick Pylman noted two areas which were omitted from the review and explained why. Peter Jamar and Rick Pylman then answered questions from Gouncil and the public. Rick stated the committee would research the soil creep issue. At this time, John Slevin made a motion to approve the site as presented and instructed the committee to continue working on their goals. Gail Wahrlich-Lowenthal seconded. A vote was taken and the motion passed unanimously 7- 0. Rick Pylman proposed a workshop meeting with committee members, Gouncil and neighboring residents be held to discuss the issue, but to make no decisions; to get input before scheduling public hearings. Council agreed it was a good idea. The third item of business was a public hearing and Resolution No. 4, Series of 1988, establishing Town of Vail policy regarding street improvements funding- Stan Berryman gave background information regarding street improvements. Steve Barwick then briefly explained the impacts of property taxes being used to fund street improvements. Steve then presented a slide show giving estimated figures and projections and explained the pros and cons of funding by property taxes. After much discussion by the public and Council, Mayor Rose explained what the resolution would actually do. After more discussion, Gail Wahrlich-Lowenthal suggested a public committee sit with Council through the budget process. Merv Lapin then made a motion to approve the resolution, accepting Option No. 1, with a mill levy, if necessary, of 3.09 mills, and John Slevin seconded. A vote was taken and the motion passed unanimously 7-0. The fourth order of business was Ordinance No. 2, Series of 1.988, second reading, regarding West Vail assessments. Merv Lapin made a motion to continue this item for two weeks until the Council could get proper wording from bond counsel. Tom Steinberg seconded the motion. A vote was taken and the motion passed unanimously 7-0. The next item was Ordinance No. 4, Series of 1.988, first reading, repealing Ordinance No. 39, Series of 1987, business license fees. Mayor Rose read the title in full. Larry Eskwith explained the reasoning for the ordinance. A motion to approve the ordinance was made by Eric Affeldt and seconded by John Slevin. After a short discussion, Mike Cacioppo read a letter from Michelle Belson, of the referendum committee, giving alternatives of raising sales tax .3~, instituting a head tax, or using a vendors fee to pay for marketing instead of raising business license fees. Gail Wahrlich-~Lowenthai and Eric Affeldt responded. After mare public comments, a vote was taken and the motion failed 2-5, with Gail Wahrlich- Lowenthal, Eric Affeldt, Kent Rose, Gordon Pierce and John Slevin opposing. The sixth order of business was Resolution No. 3, Series of 1988, setting the date for a special election. There was no discussion by the public or Council. Merv Lapin made a motion to approve the resolution and setting the date of the election as February 23, 1988 (the earliest possible date). John Slevin seconded the motion. After a brief discussion by the public, a vote was taken and the motion passed unanimously 7-0. The next item on the agenda was a Town of Vail sign improvement program presentation. There was a brief discussion by Pepi Gramshammer and Stan, Berryman. Colleen McCarthy suggested lighting be included with new signs. Mayor Rose stated the report was very good, and after Council has had time to work through the complete report, they would plan an upcoming Work Session to begin planning fior implementation. Tom Steinberg made a motion to accept the program, which was seconded by Gaii Wahrlich-Lowenthal. A vote was taken and the motion passed unanimously 7-0. There was no Citizen Participation. There was no Town Manager's Report. There being no further business, the meeting was adjourned at 12:35 a.m. Respectfully submitted, ~ ~ ~/~'~ 7%~ Kent R. Rose, Mayor ATTEST: ~~~~.~~~ Hamel a A. Bra~ndme~rer, Town C1 erk • Minutes ta.ken~'~y Brenda Chesman -2- MINUTES VAIL TOWN COUNCIL MEETING FEBRUARY 2, 1988 7:30 P.M. A regular meeting of the Vail Town Council was he]d on Tuesday, February 2, 1988, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Kent Rose, Mayor John Sievin, Mayor Pro Tem Eric Affeldt Merv Lapin Gail Wahrlich-Lowenthal Gordon Pierce Tom Steinberg MEMBERS ABSENT: None TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Glerk The first order of business was ten year anniversary awards to Dick Duran and Jim Spell. Ron Phillips gave some biographical information on each and congratulated them for ten years of service. Dick Duran thanked everyone and stated he was pleased to have worked for the Town. Jim also thanked everyone and explained he was proud to be a part of everything. Dick then thanked Jim and stated it had been a pleasure knowing and working with Jim. The next item was the approval of the minutes from the January 5 and 19, 2988 meetings. Merv Lapin made a motion to approve the minutes as presented, and Tom Steinberg seconded. Eric Affeldt requested a change in wording in the middle of the first paragraph of the January 19 minutes. He wanted the warding changed from "noted they liked the Lionshead parking structure site" to "noted the Lionshead parking structure site deserved more study". Merv Lapin changed his motion to approve the minutes with the noted changes. There was no other discussion on the minutes. A vote was taken and the motion passed unanimously 7-0. The third order of business was the appointments to the Local Liquor Licensing Authority Board, the Planning and Environmental Commission and the Design Review Board. The Council voted and the appointments to the Planning and Environmental Gomm1S510n for a two year term were Diana Donovan, Pam Hopkins, Peggy Osterfoss and Jim Viele; Grant Riva was appointed to a one year term. The appointment to the Design Review Board far a two year term was Roy Sante, and the appointment to the Local Liquor Licensing Authority for a two year term was Colin Gleason. The next item was a legislative report from State Representative Danny Williams. He discussed issues in the Legislature now. One issue was regarding coal mining; Denver has been pushing power plants to stop using coal. He's helped introduce a Bill for a moratorium so there would be time to study the effects. He's also sponsoring a Bill for lowering the severance tax on coal which would be important to the mining industry. Another Bill Mr. Williams is sponsoring is a water Bill for compensatory ,storage. Other issues of importance were adequate funding for the use of the State Patrol during the World Alpine Ski Championships, an education interim report, a highway funding proposal from Governor Ramer and funding of State prison construction by the LOTTO lottery. He then held a question/answer session with Council. Mr. Williams then thanked the Council for letting him speak and invited them to visit him in Denver when they are there. The fifth order of business was Ordinance No. 2, Series of 1988, second reading, regarding West Vail assessments. Mayor Rose read the title in full. Larry Eskwith noted the ordinance had changed dramatically in certain areas since first reading and reviewed the amendments made. Eric Affeldt asked if bond counsel was comfortable with the changes, and Larry said yes. Tom Steinberg made a motion to approve the ordinance as presented, which Gordon Pierce seconded. Mayor Rose answered questions from the public. A vote was then taken and the motion passed unanimously 7-0. The next item was Ordinance No. 5, Series of 1988, emergency reading, providing that abutting property owners to street improvements in West Vail required to connect to utilities may pay the cost in one sum or by installment payments. Mayor Rose read the title in full and explained this ordinance was brought about from earlier discussion by Council. Larry Eskwith explained the reasoning behind the ordinance. . After some discussion by Council, Eric Affe1dt made a motion to approve the ordinance as presented, and Tom Steinberg seconded. Larry Eskwith answered questions from the Council and public. A vote was then taken and the motion passed unanimously 7-0. The seventh order of business was Resolution Na. 2, Series of 1988, supporting H.R. Bill 3561. Charlie Wick stated he had checked on the status of the Bill and learned it had been withdrawn from the Committee, so the resolution was moot. He requested the resolution be withdrawn. Council agreed. There was no Citizen Participation. Under the Town Manager's Report, Ron Phillips stated he had received a note from Shelbi Williams thanking the Town staff for their help and support of the Revillon Sled Dag Races. He noted Wednesday through Friday, the Ski Fun Norway would be in town sponsoring a two day event at Golden Peak. Thursday afternoon a special invitation has been extended to Council members for the opening of the Nordic events at 3:30 p.m. at Golden Peak. At this time, Merv Lapin requested clarification regarding traffic lights. Ron Phillips responded the staff had approval to work with the consultant for the design of the Frontage Road improvements and the signal light design. There being no further business, the meeting was adjourned at 8:40 p.m. Respectfully submitted, ~~' Kent F~. Rase, Mayor ATTEST: vtc.~/ Pamela A. Brandmeyer, 7owr Clerk Minutes ta~Cen by Brenda Chesman • -2- MINUTES VAIL TONN COUNCIL MEETING FEBRllARY 16, 1988 7:30 P.M. • A regular meeting of the Vail Town, Council was held on Tuesday, February lfi, x988, 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 Merv .Lapin Gail Wahrlich-Lowenthal Gordan Pierce 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. 6, Series of 1988, first reading, amending the Vail Municipal Code regarding the Ski Base/Recreation Zone District. Mayor Rase read the title in full. Rick Pylman explained the purpose of the ordinance and each of the proposed phases the construction would take. He also discussed concerns the staff had with certain issues and stated the staff recommended approval with conditions. Larry Lichliter, Executive Vice President of Vail Associates, Inc., gave background information on the issue, noted the building may or may not be built and explained that Vail Associates also had other priorities. He stated he did not agree with Vail Associates being required to pay 50% of the cost of the construction of the sidewalk. Nancy Nottingham, Administrative Manager of Children's Programs at Vail Associates, explained what programs are presently available and areas the new building would address which the old building could not accommodate. Jack Hunn, Project Manager for Vail R550ClateS on this project, discussed how Vail Associates came upon this site. He then reviewed the site plans and explained how each area of the building would be used. He then answered questions of Council. A woman representing Jack Rush of Manor Vail stated they were in favor of the Children`s Center, but wanted a guarantee there would be no other new buildings, Larry Eskwith and Mayor Rose responded. Chuck Crist had a question regarding the view from Manor Vail. Mike Caciappo stated he was pleased Vail Associates was doing this, but had some concerns. John Slevin responded that checks and balances were already in place. After more discussion by Council, Merv Lapin made a motion to approve the ordinance with the following • conditions: 1) Vai] Associates contribute 50~ of the cost of construction of a walkway from the Ramshorn walkway to the Manor Vail walkway (to be reimbursed to the Town at the commencement of Phase II construction); and 2) Vail Associates amend and construct the skier drop-off and bus stop area, provide roughed-in conduit for the installation of control gates at each end of the bus stop, reimburse the Town up to $10,000 (at the commencement of Phase II construction) if the Tnwn of Vail wishes to install control gates otherwise provide the $10,000 far the bus control gates at commencement of Phase II construction. Eric Affeldt seconded the motion. A vote was taken and the motion passed unanimously 7-0. The next item was a Bravo! Colorado presentation. Brad Quayle gave background information on haw Bravo! Colorado came about and what it would do. He explained he was asking for seed money to put the organization together. He requested a donation of $56,625 from the Town; $34,000 which had already been budgeted for street entertainment, plus an added $22,625. Brad then answered questions from Council. Mayor Rose noted Ron Phillips' recommendation was to stick to the budget of $34,000. After some discussion by Council, Mike Caciappv stated his objections to spending mare than what was budgeted. Brad answered more questions and Council held more discussion on the issue. Eric Affeldt then made a motion to approve the request far the full $56,625 for one year only; that the funds would be taken from the business license fees, if the vote passes this next week, and if it does not pass, the funds would be taken from the Town of Vail contingency fund. Gordon Pierce seconded.. A vote was taken and the motion passed 4-2, with Mayor Rose and Merv Lapin opposing. Tom Steinberg abstained from the vote due to the fact he was a Board member of , Brava! Colorado. The third item of business was an appeal of a Planning and Environmental Commission decision to deny a requested minor subdivision at Lot 8, 61ock 4, Vail Village Third Filing. Mayor Rose state this item would be continued until the April 5, 1988 Evening Meeting as requested by the applicant. There was na Citizen Participation. There was no Tawn Manager's Report. There being no further business, the meeting was adjourned at 9:45 p.m. Respectfully submitted, Kent l~. Rose, Mayor ATTEST: ~~- ~~1~d~~~ Pamela A. Brandmever, Tawn Clerk Mi nutes•--t~al~~n-. by Brenda Chesman -2- MINUTES VAIL TOWN COUNCIL MEETING MARCH 1, 1988 1:30 P.M. • A regular meeting of the Vail Town Council was held on Tuesday, March 1, 1988, 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 Merv Lapin Gail Wahrlich~Lowenthal Gordan Pierce 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 approval of the minutes from the February 2 and 16, 1988 meetings. There was no discussion by Council or the public. Tom Steinberg made a motion to approve the minutes as presented, which John Slevin seconded. A vote was taken and the motion passed unanimously 7-0. The next item was an appointment to the Local Liquor Licensing Authority Board. Mayor Rose noted there was only one applicant, Bill Bishop. There was no other discussion by Council or the public. A motion to appoint Bi71 Bishop to the Board was made by Merv Lapin and seconded by Tom Steinberg. A vote was taken and the motion passed unanimously 7-0. The third order of business was Ordinance No. 6, Series of 1988, second reading, amending the Vail Municipal Code regarding the Ski Base/Recreation Zone District. Mayor Rose read the title in full. Rick Pylman Hated changes made to the ordinance from the first reading - Section 1, B 2, "Children`s" ski school services and programs and Section 2, paragraph 1, line 6, adding "With regard to the recreational path relocation south of tennis courts 3-6, Sheet 3 shall be amended by Matthews Associates Sheet L-1 dated February $, 1988.". Larry Lichliter, Executive Vice President of Mountain Operations, Vail Associates, stated he was there to support the application; Vail Associates had agreed to the requirements specified by the Council; and was requesting approval. Bill Bours, an owner in the Manor Vail Condominium Association, also President of the Condo. Association and was representing all the owners, and representing Narthwoods and Howard Targove, President, stated they were in favor of the Children's Ski School, but had a problem with the location. He requested Council postpone action on the ordinance for 30 days so the Association could work with Vail Associates on other possible sites. He then read a letter to Council from Kit Cowperthwaite against approval of the ordinance. Dave Schnegelberger, Manager of All Seasons Condominium Association, stated all its owners were in agreement with Bours' statement. Bob Buckley, a resident of Vail and employes of Vail Associates, gave reasons why he felt strongly in favor of approval. Larry Lichliter gave concluding comments and urged Council to pass the ordinance. Bi11 Bours argued they wanted the Ski School, but not at that location. Bab Buckley again supported his position in favor of the project. Nancy Nottingham explained the criteria used when Vail Associates was planning the location of the building and remarked the opposition was a surprise to her. Chris Ryman, Director of Vail/Beaver Creek Ski School, supported Nancy, and noted they had spent a lot of time and energy to resolve the situation, and if it could not be dons now, the schedule would fall behind. Elaine Kelton was far the Ski School, but that green space was ultimately important. Paul Johnston made remarks about children being safe in Vail and urged Council to moos ahead. Dan Corcoran felt there were good points on both sides, but the problems should be resolved by the property owners, not Council. He felt Council should approve it on the merit of the center and let the other issues be resolved in a different arena. Larry Lichliter stated if the ordinance was approved, Vail Associates would work with the neighborhood to work out the problems. He then answered questions from Council. Jack Hunn, Project Manager, Vail Associates, explained why he was not in favor of waiting 30 days and urged Council to take action. Bill Bours gave additional comments. Peter Patten and Larry Lich1iter answered questions from Council. Jack Huhn responded to a proposal by Bill Bours. At this time, Eric Affeldt made a motion to approve the ordinance including the changes noted by Rick Pylman, and John Slevin seconded the motion. A vote was taken and the motion passed unanimously 7-0. The next item was Ordinance No. 7, Series of 1988, first reading, rezoning Tract E-1 from Agricultural/Open Space to Ski Base Recreation, and establishing Special Development District No. 20 on Tract E-1 and Lots A and B, Block 2, Vail Village First Filing. Mayor Rose read the full title. Tom Braun stated the ordinance required three separate actions - 1) a minor subdivision, 2) exterior alteration review and 3) rezoning with the SDD No. 20. Ron Riley, heading the efforts of the project, gave background information on the project. Peter Jamar and John Perkins gave a slide presentation on existing conditions, proposed plans and discussion of Tract E - the Golden Peak House redevelopment and the Village ski base facility. Peter Jamar then reviewed the twelve conditions - the six already in the ordinance and the six additional recommended by the Planning and Environmental Commission. He then reviewed these recommended conditions and explained their intentions. Tom Braun presented the staff`s position and explained why staff recommended approval. Peter Patten spoke about rezoning and changed circumstances, consistency with the land use plan, and this project would be the last step in the remodeling of Vail Village. Jack Tweedy made a statement an the initial intent of the founding fathers and noted he agreed with all the plans except not to build on the green belt ar build underground. Howard Head stated he felt the older property owners in the area did not want the project and gave his reasons why. Ellie Caukins and Howard ~erkowitz explained why they were against the project. Greta Parks read a letter she had written to the Council in opposition to the project. Frankie Tang agreed with the plans for the Golden Peak House, but on a smaller scale. Joe Staufer questioned the zoning and SDD. John Trtanj, who has a business in the Golden Peak House, the 5portsstalker, stated he does well and will continue to do well, and did not understand why people were blocking this project. He felt that everyone had to look at the community and not be selfish, and gave his reasons why he supported the project. Teak 5imonett, manager of Vail Ski Rentals, presented photographs of delivery trucks in the area to Council and stated why she was opposed to the project. Gordon Britton stated he was against the use of open space. Bill Wi1to explained he supported the redevelopment of the Golden Peak House, that conditions have changed; agreed to the need to use open space for skier space, and the deck area would be for the public, so all in all, he endorsed the project. Harry Frampton explained that zoning and planning were not an exact science and that he supported the project because the benefits outweighed the problems. Ray Kelley read a letter he wrote to the Council apposing the project. Fred Greene stated the Council had to deal with the concept of change, and that Council should not let the issue of open space be the deciding point. Andy Norris explained he was concerned about the capability to handle visiting skiers, that the Vista Bahn area would have to be able to accommodate them, and that the compromises were acceptable. Hadley Cox, an owner in the Golden Peak House, stated he did not like the encroachment, that it would hinder family life; he was in favor of the upgrade of the Golden Peak House, noted his concern of the ski area, and requested the rezoning not be done. Dick Georgia, an owner in the Golden Peak House, was not in favor of the deck ar underground buildings, but did like the remodeling plans for the Golden Peak House. Paul Johnston addressed some problems brought up, noted he strongly supported the plans, and read a letter from Linda and Berry Craddock in support of the project. Dan Corcoran stated he felt this was an opportunity to get the base facilities needed and to remodel the Golden Peak House; it was a good proposal in the best spat, and he hoped it would be approved. Jack Curtin, representing Mrs. Hill, spoke about open space and zoning and why they were against the project. Pepi Gramshammer gave his reasons why he was against the project. Tom Ragonetti, an attorney representing several residents in the area, felt the majority of comments stated the facility was needed, but was not in the right place; there would be a problem with the increase in traffic, parking and more noise; and it would be an incompatible use with what was around it. Sarah Rockwell, an associate of Mr. Raganetti's, noted two procedural irregularities which seemed important. Peter Jamar and Tom Braun responded. Paul Johnston noted that 85% of the Golden Peak House residents had approved the remodeling. Dan Minter stated that 100% of the first mortgage lenders also had to approve the plans. Jerry Parmin, owner of Vail Village Sports, supported the project. After much more discussion by Council, Eric Affeldt made a motion to deny the ordinance, which was seconded by Merv Lapin. A vote was taken and the motion failed 2-5, with John Slevin, Gail Wahrlich-Lowenthal, Tom Steinberg, Mayor Rase and Gordon Pierce opposing. Another motion was made by Tom Steinberg to -z- approve the ordinance with all the additional conditions requested by the Planning and Environmental Commission, except item No. 2, as stated in the memorandum from the Community Development Department to Tawn Council dated March 1, 1988. John Slevin seconded the motion. A vote was taken and the motion passed 5-2, with Merv Lapin and Eric Affeldt opposing. It was decided that Council would take a site visit to the Golden Peak Ffouse and the Los Amigos deck area to review the areas. The fifth order of business was Resolution No. 5, Series of 1988, adopting the Town of Vail Transit Development Plan Update 1988-1992. Ron Phillips gave a brief explanation as to what the plan update would do. Stan Berryman gave additional information. Eric Affeldt made a motion to approve the resolution as submitted, which Gail Wahrlich-Lowenthal seconded. A vote was taken and the motion passed unanimously 7-0. There was no Citizen Participation. There was no Town Manager's Report. Thera being no further business, the meeting was adjourned at 2:05 a.m. Respectfully submitted, .~ Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, own Clerk Minutes take~i by Brenda Chesman • • -3- rt ~ ~ _ .' n • ,.1 ~~ €, '\ _ ~. ~.. ~ ~ .. - , \ .. 'f, `` Craddock ~ ~P~Y 1670 N. Newport Road, (P.O. Box 17000 80935-100D}, Colorado Springs, Colorado 80916 {303} 637-4004 February 26, 1988 City Council 75 S. Frontage Road Vail, Colorado 81657 ~- Golden Peak Expansion Dear Council: Linda and I are SuL~y we can't appear at y~aur Tuesd~:lr meeting .in person to voice our opinion and give you our input an Ron Riley's proposed t,~,y,.adi.ng and remodeling plans for the Gold Peak House. First of all I would like to say we are strongly in favor of the plan as submitted and in all likelyt.~„a the project impacts our house at Lot 1, Block 1, Vail. Filing ~1 (325 Millcreek Circle) the most of any one individual owner ex..~~,t perhaps Cristy Hill. We have been aryl ~.~.s.Linue to be long term st,~,,. Lers and part ~?r!te residents of Vail. We have invested in and enjo~d Vail for over 20 years. We do that because of the "Vail Experience." in recent years the town as we knew it 20 years ago has matured and improved and that improvement wines at a price. In short, we've looked at the economies of the project and unless Ran's project or one like it is ,Loved the renovation wi11 never take place. The developer is putting "at risk" a good deal of money to put the base area into a configuration to benefit the "entire "town and bring. back the "Vail Experience" to our visitors. The impact on the 4~~.~.~x. areas is minimum and in fact upgrades the area i:,~,,,,,~nsly. f ~ February 29, X98$ Page Two We would like to say the minor inconvenience the project causes us is more than offset by the big picture benefits to our town atxj our visitors. Lirx~a & Berry 325 Mill CYeg • William D. Poyx~or 525$ Sirdwoad Houston, Texas 77096 Telephone (713) 666-4551 • February 26, 1988 Mr. Peter Patton Director of Community Planning Town of Vail, Colorado Gentlemen: As owner of Golden Peak House Unit No. 203, my wife and I want to express our wholehearted support for the plan as proposed. to the Planning Commission on January 25, 1988, when I publicly voiced the same. I have been informed that at the subsequent meeting on February 9, 1988, one of the owners, Mr. Dick Georgi, stated publicly that he spoke for ~6~ of the owners (or all the non--Ron Riley) interests in Golden Peak House. This is not the case. Mr. Georgi with ~~ and Mr. Curtain with 2~ are the only ones among the condominium owners to voice reservations about this plan publicly, and Mr. Curtain, although the owner of a unit in GPH, in reality more truly represents the view of an outsider, speaking as manager and part owner of the Hill Building across the pathway to the northwest of GPH. In addition to my 2~ interest, I know Mr. & Mrs. Valentine, who hold 9~ interest, also spoke in strong support of the proposed plan at the January 25th meeting, for a total of h5% of the interest in strong support. It is my understanding or impression that almost all of the remaining 29~ has a more middle-ground position, expressing reservations about some features of the plan, but in general, in agreement with it. The plan as initially proposed is very good for the town of Vail because: 1. The renovation of Golden Peak House will correct a glaring visual deficiency right at the foot of the premier lift facility in the U.S. (i.e., the Vista Bahn). • 2. Sorely needed base facilities for skiers will be provided at the only feasible ski-in/ski-out 3_ocation in Vail with the plus of being at the Vista F3ahn. 3. The proposed limited use ski-base facility will be below ground and will not take-up any green space and will make virtually no change to the present landscape or . views. ~4. The use limitations far space initially sn the underground facility as initially proposed are quite reasonable and should not be further restricted. 5. The existing deck behind Los Amigos is presently very small, so some expansion is in order. The scope as requested seems to be the focus of some opposition. A minimum expansion to 2500 sq. ft. should be granted. Support of the plan as discussed above is definitely goad for Vail and fair to everyone involved and deserves the support of all governing bodies in Vail. Very truly yours, ~~// ~~y~yl~` ~!/ ~ Lip'/ n ~l~ ~ Y William D. POynor~ . W~P:ds • -2- ` S' SOFTBALL CQUNTRY CL~JB ,, ,4 ~~ Aifanta !{ot~stun ,l#~.• • [.nwcll [)nfs~i.iti, (1u•rscr February 17, 1988 . ~... .:,.A,,,..... Town Planning 75 South Frontage Rd. Vail, CO 81657 Re: Golden Peak House Renovations Dear Sirs: Let it be understood that ~Ir. Ron Riley emphatically speaks For my ownership of unit X208 in the Golden • Peak House of Vail. Ron has given us excellent idEas and forsight into the needs of our particular structure. We and Vail need the newly designed plans done by Mr. Riley completed to insure a safe and secure building. The new visual appearance will also significantly improve the Vail image of the Golden Peak area. Please consider Mr. Riley`s proposal a big plus for us as owners, and for the town of Vail. Sincerely, ////J 1 , Lowell C. Douglas cc: Mr. Ron Riley 228 Bridge Street . Vail, CO 81657 LCD/PP 3500 N. I)}C'AI~L)IZ Ri). S('l)i~l~l)r13.1 . (31 (f12(;I;O js3~17=+ ~-i()dl ~~}y_i55;i Nolan Enterprises ~AL 85TATE INVESTMENT & DEVELOPMENT CQ. FEBRUARY 25, 1888 To Vdhom. it ~1ay Concern; As the owner of uni'~s 3d5 &'307 of the Golden beak House, we feel that M•r. Riley has ingested sigiificant time, ef'f"ort, and funds to develope a plan for the Golden Peak House T,adge. We urge your careflzll evaluation and consideration of this plan and ~h~~ ~. ~i~.~.ey ~.s a makjor owner, as attCS,~,cing . to upgrade our property, Thank You again ~'or your help with this matter. fiery Trudy Yours s Nolan' 323 MAIN STREET • DAN$URY, CONNECTICUT 068 ] O • f2O31 797-8255 r MINUTES VAIL TOWN COUNCIL MEETING MARCH 15, 1988 7:30 P.M. r A regular meeting of the Vail Town Council was held on Tuesday, March 15, 1988, 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 Affe1 dt Merv Lapin Gail Wahrlich-Lowenthal Gordon Pierce Tom Steinberg MEMBERS ABSENT: TOWN OFFICIALS PRESENT: None Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Tawn Clerk The first order of business was a ten year anniversary award to Hignio Romero. Ron . Phillips recognized Hignio for his years of service. Ron noted that Hignio started working for the Town in March of 1978 and is now a Maintenance Worker II in the Street Division of the Public Works Department. Stan Berryman stated Hignio really took care of the whole town. Ron, Stan and Mayor Rose thanked Hignio for all his hard work. The next item was Ordinance No. 7, Series of 1988, second reading, rezoning Tract E- 1from Agricultural/Open Space to Ski Base Recreation, and establishing Special Development District Nn. 20 on Tract E-1 and Lots A and B, Block 2, Vail Village First Filing. Mayor Rose read the full title. Larry Eskwith explained he had received a written request by the attorney for Ron Riley to postpone second reading of this ordinance until the Evening Meeting April 19, 1988. Larry noted Mr. Ragonetti and Mrs. Hill had agreed to the postponement. Gail Wahrlich-Lowenthal made a motion to table the item until April 19, 1988, and John Slevin seconded. A vote was taken and the motion passed unanimously 7-0. The third order of business was Ordinance No. 8, Series of 1988, first reading, increasing the Town of Vail sales tax by three-tenths of one percent (.3%) for marketing. Mayor Rose read the title in full. Larry Eskwith explained what the ordinance would do and recommended an effective date for the tax to cease be in four years. Tom Steinberg thought the tax should be voted on at a regular election in 1991; there was no reason far a special election, and a regular election would save money. John Slevin agreed. Merv Lapin felt a non-governmental entity would be the ideal for marketing Vail. Neal Donaldson commented against the sales tax increase and his concern aver non-marketing for the World Championships. Lou Meskiman stated he felt the Council should do nothing until the residents realize they must commit themselves to the idea. Merv Lapin made a motion to approve the ordinance with the addition of the following dates - a special election to approve/deny the tax increase set for June 21, 1988; the effective date of the tax to begin August 1, 1988; the general election scheduled for November, 1991 to continue/discontinue the sales tax; and if the general election fails, the tax would cease on December 31, 1991. There was much discussion by Council and the public at this paint. Tom Steinberg seconded the motion with the deletion of "special election" in the wording of the ordinance. dike Cacioppo questioned changes the Council could make in the ordinance, to which Larry Eskwith and Ron Phillips responded. Eric Affeldt gave reasons why he was opposed to the ordinance. Gail Wahrlich-Lowenthal agreed with the hope that plans would be made to study the possibilities and things move forward. Mayor Rose explained why he was apposed to the ordinance, too. A vote was taken and the motion passed 4-3, with Gail Wahrlich-Lowenthal, Mayor Rose and Eric Affeldt opposing. The next item was Ordinance No. 10, Series of 1988, first reading, amending Chapter 3.40 of the Municipal Code relating to sales tax collections. The full title was read by Mayor Rose. Larry Eskwith explained the changes proposed to the sales tax chapter. There was no discussion by Gouncil or the public. A motion to approve the ordinance was made by Eric Affeldt and seconded ~y Tom Steinberg. A vote was taken and the motion passed unanimously 7-0. The fifth item of business was Ordinance No. 9, Series of 1988, first reading, ~rezaning the area at the Amoco Station at the Vail Gateway. The full title was read by Mayor Rose. Rick Pylman explained the ordinance was to request a zone change from Heavy Service District to Commercial Gore I and also to set up a Special Development District No. 21. He then gave background information on the process. He then reviewed zoning and SDD criteria used to evaluate the proposal. He stated that staff was generally in support of the zone change, but still had concerns regarding 1) the twenty foot setback from the Frontage Road, 2) view considerations, 3} urban design issues concerning pedestrian entrance and 4) urban design issue concerning flat roofs. He commented staff's recommendation is to table the item for two weeks, otherwise denial unless issues can be resolved. Peter Jamar, representing the Palmer Development Company of Boulder, introduced his project associates. He stated they felt the redevelopment proposal was very positive and gave background information on how the project got to this point. He then reviewed how the applicant had revised plans to accommodate the Planning Commission and staff requirements. Buff Arnold, of Arnold Gwathmey Architects, explained how the building would function and how it was designed to accommodate certain requirements. Richard Fny, of Communication Arts in Boulder, explained how each area in the building would work, and felt if the problems were only design issues, they could be resolved. Peter Jamar wrapped up their presentation by listing the positive aspects of the proposed plans and requested approval of the ordinance. Peter Patten showed slides of proposed building plans from previous proposals. After some discussion by . Council, Matt Carpenter explained he felt the view was not important and the building should be approved. Jim Viele, Chairman of the Planning and Environmental Commission, felt that, based on an informal meeting they had Monday, the Planning Commission votes would have been positive and the issues resolved. Terry Hardwig, Mayor of North Little Rock, Arkansas, stated he looked at the town from the top of the mountain and never drove in town, always used the bus. Jae Staufer of the Vail Village Inn, explained his concerns with the building. Peter Jamar stated that Palmer would agree to a letter of agreement with the Vail Village Inn. Cuny Sterkl, owner of the Amoco Station, felt the timing of the project should be considered. Chuck Crist, a local real tor, was basically in favor of the project, and the view from the Gateway was not important, it was more important from the Interstate. Steve Trombetta stated he was in favor of the building. At the request of Peter Jamar, Council stated items to be worked on were: the sidewalk should go through the berm, setbacks on the north and west sides needed to be enlarged, the traffic report should be redone because they felt the report they had was incorrect, increase and enhance the landscaping, camouflage the pedestrian area at the corner, shorten the canopy area in front, environmental issues should be addressed, employee housing was a concern, the alley way was a safety concern, and dwelling units were a concern. Tam Steinberg felt only two stories should be allowed.. Gail Wahrlich- Lawenthal requested a picture of the view corridor be redone. Merv Lapin suggested there be no variance on the parking requirements except a cash variance. Kent Rose stated he would like the alley way eliminated by butting the buildings together. Peter Jamar then requested the ordinance be tabled until the next Evening Meeting, with the suggestion the applicant and Gouncil meet at a Work Session before the Evening Meeting to review and revise the proposed plans. Gail Wahrlich-Lowenthal suggested the Planning Commission also be invited to the Work Session. John Slevin then made a motion to table the ordinance until the next Evening Meeting, and Gail Wahrlich-Lowenthal seconded. A vote was taken and the motion passed unanimously 7-Q. The next business was Resolution No. 6, Series of 1988, supporting the Vail Consolidated Water Districts' Black Lakes proposal. Larry Eskwith explained the reasoning for the resolution and what it would do. Peter Patten gave additional background information. Mayor Rose felt this would be a good start at maintaining what we have. After some discussion by Cauncii, Eric Affeldt made a motion to approve the resolution and direct the staff to research the issue and report back to the Gouncil. Gordon Pierce seconded the motion. After more discussion, a vote was taken and the motion passed unanimously 7-0. The seventh item was action on the Bravo! Colorado contract discussed at the Work Session that afternoon. Larry Eskwith stated that no changes had been made from the Work Session. There was na discussion by Gouncil or the public. Eric Affeldt made a motion to approve the contract, which Merv Lapin seconded. A vote was taken and the motion passed 6-D, with Tom Steinberg abstaining. -2- ~- There was no Citizen Participation. Under the Town Manager's Report, Ron Phillips stated bus ridership in January was up four percent in the Village, and in February, up eight percent in the Village. It was noted the outer routes were up slightly or down from 1987 figures. There being no further business, the meeting was adjourned at 11:35 p.m. Respectfully submitted, Kent `R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taker by Brenda Chesman -3- ~R MINUTES VAIL TOWN COUNCIL MEETING APRIL 5, 2988 7:30 P.M. n A regular meeting of the Vail Tawn Council was held on Tuesday, April 5, 1988, 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 Merv Lapin Gail Wahrlich-Lowenthal Gordon Pierce Tom Steinberg MEMBERS ABSENT: None TOWN OE'FICIALS PRESENT: Ron Phillips, Tawn Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first order of business was ten year anniversary awards to Jacque Lovato and Corey Schmidt. Ron introduced first Jacque, then Corey, and commented on their . years of service. Charlie Wick and Ken Hughey each congratulated Jacque and Corey on gabs well done. The next item was the approval of the minutes from the March 1 and 15, 1988 meetings. There was no discussion by Council or the public. John Slevin made a motion to approve the minutes as presented, which Tom Steinberg seconded. A vote was taken and the motion passed unanimously 7-0. The third item was Ordinance No. 9, Series of 1988, first reading, rezoning a part of Lot N and a portion of Lot O, Block 5D, Vail Village First Filing from Heavy Service to Special Development District with Commercial Care I underlying zone district (Vail Gateway-Amoco Station). Mayor Rose read the title in full. Rick Pylman explained what the ordinance was for. Peter Jamar gave background information briefly, then answered questions of Council. After much discussion by Council, it was decided that before the building permit would be granted, a construction performance bond would be provided to the Town. Lou Meskiman questioned shadows and ice buildup. There was discussion about making the parking user friendly with easy access to shops. Rick Pylman stated staff rec~mm~n;ded denial earlier and explained their reasons; the view corridor issue had not been resolved, so the staff still recommended denial. Merv Lapin made a motion to approve the ordinance with three conditions: 1} to include a landscaping plan on the Standard gas station property; 2) a construction bond required; and 3} zoning would be contingent upon construction beginning na later than July 1, 1990, and building enclosed by November 15 of any year it is started. Eric Affeldt seconded the motion. Mike Cacioppo questioned the fairness of the landscaping condition. Peter Jamar agreed, stating they would try, but he did not think the project should be held up if it did not happen. Rick Pylman stated sidewalk wording was not in the ordinance presently, but would be added for second reading. A vote was taken and the motion passed unanimously 7-0. The fourth order of business was Ordinance No. 8, Series of 1988, second reading, increasing sales tax by .3% for marketing. Mayor Rose read the title in full. Larry Eskwith explained what the ordinance would do and how and that there had been no changes made since first reading. Lou Meskiman questioned what other communities would Vail be comparable with if the tax was raised. Eric Affeldt responded only with Beaver Creek. Mayor Rose aired his feelings on why he was against the increase. Gail Wahrlich-Lowenthal commented she would rather table the ordinance and pursue a marketing plan aggressively. Ken Wilson requested it be put on a ballot for public decision, to which Eric responded. John Slevin agreed with Ken. Lou Meskiman explained why he was against the increase. Neal Donaldson agreed with _ Lou. Pepi Gramshammer stated he did not think residents were ready to spend money for anything and suggested Council wait. Bud Benedict explained why he was against the tax increase but very much in favor of marketing. Al Weiss explained why he was against the ordinance. After some discussion by Council, Ken Wilson requested if the Council voted down the ordinance to go on record that the Town of Vail was not in the marketing business, so the residents would know where the responsibility lies; Gail Wahrlich-Lowenthal responded. Gail then made a motion to table the ordinance for 90 days, and after a Chamber of Commerce Board was created, Council would meet with them to formulate a plan. Merv Lapin seconded. A vote was taken and the motion failed 2-5, with Mayor Rose, Eric Affeldt, Tom Steinberg, John Slevin and Gordon Pierce opposing. At this time, Eric Affeldt made a motion to deny the ordinance, which Tom Steinberg seconded. A vote was taken and the motion passed 4- 3, with Gail Wahrlich-Lowenthal, Merv Lapin and John Slevin opposing. Gordan Pierce stated he felt it was appropriate for the Town to support the funding of marketing, but to let the business community take the lead. John Slevin, Mayor Rose and Eric Affeldt agreed. The next item was Ordinance No. I0, Series of 3.988, second reading, amending Chapter 3,40 of the Town Municipal Code relating to sales tax collections. The full title was read by Mayor Rose. Steve Barwick explained this was only a housekeeping ordinance which would redefine some of the terms. Merv Lapin requested a change in wording in Section 3 from "exempt number is furnished" to "exempt numbers are furnished". There was no other discussion by Council or the public. Tnm Steinberg made a motion to approve the ordinance, which was seconded by Gordon Pierce. A vote was taken and the motion passed unanimously 7-0. The next order of business was an appeal of a Planning and Environmental Commission decision to deny the Rose subdivision request. Tom Braun notified Council the request to table the item had been withdrawn. He then explained what the request was for, gave lengthy background information on the request and then reasons why staff recommended approval. Jim Stovall, representing the applicants, asked Tom questions as to what the Roses could have asked for and what they did ask for and stated they had complied with the zoning and subdivision regulations. Jim Lamont, a planning consultant, answered questions from Stovall regarding the application and its applicability to the area; Mr. Lamont agreed with the staff's position. Larry Levin, representing several neighbors, asked questions of Jim Lamont and Tom Braun regarding density and then explained why the neighbors were against the subdivision request. They felt the technical requirements had not been met, GRFA would be increased, and by having two separate dwelling units there would be possible enviranmenta1 impacts, it would violate the protective covenants and would not be compatible with the neighborhood. Terrill Knight, a planner, commented on the land as it exists and the history behind it, explained his technical review of the subdivision, and commented on the covenants problems that would be incurred.; Mr. Stovall responded to Mr. Tyler's remarks. Steve Scott, a surveyor, explained haw he came about locating areas on the lot with a 40% plus slope and how much land could be used for building. Peter Patten explained why two survey drawings differed. Bi11 Past, representing two owners, commented on the density increase and zoning change because two units were being increased to four units and recommended Council deny the request. Warren Miller stated he felt the philosophical objective of the neighborhood was important. Gunther Hoff1er felt the applicant would be making four illegal units into four legal units. Ken Wilson, representing one owner, requested Council to deny. Nancy Edwards, an owner and representing two other owners, gave reasons why they were against the subdivision request. Len Grubbs, an owner, felt the request was not harmonious with the neighborhood and was very much opposed. Bob Owen, an owner in the neighborhood, opposed the request vehemently. Jim Schmidt, owner of property adjacent to the Rose property, was strongly against the request. Ron Byrne, representing several property owners, was opposed to the request and felt values of lands would be decreased, and traffic would be increased which would be bad far emergency vehicles. Nancy Byers, a property owner in the neighborhood, was against the subdivision and felt property owners had a responsibility to other property owners. Arthur Abplanalp, representing a property owner, talked about the dissimilarity of other subdivisions and this one, explained he felt property values would lower, discussed the amount of buildable land had not been figured correctly and the parcels would not be large enough and requested Council to deny the subdivision. Peggy Osterfoss, a member of the Planning Commission, stated the PEC`s thoughts at the time were that the lot size was not quite big enough and incompatible with the neighborhood. They were also impressed with strong opposition of the neighborhood, and felt they would be asked for variances to make it work. Tam Steinberg asked Mrs. Rose why they wanted to subdivide, to which she responded they did not think it would affect the neighbors much. Merv Lapin made a motion to uphold the Planning and Environmental Commission decision that the subdivision would ~ot be compatible with the neighborhood as per Section 3.7.04.0106 of the Purpose Section regarding integrated development; the subdivision of the property would be -2- ~`"'~ in conflict with any development on adjacent land as per Section 17.04.01003; the subdivision would be in conflict by less square footage of the lots surrounding the subdivision and would not be harmonious with the area as per Section 17.04.01004. John Slevin seconded the motion. A vote was taken and the motion passed unanimously 7-0. There was no Citizen Participation. l3nder the Town Manager's Report, Ron Phillips noted three Firefighters had been certified at a hazardous material training class in Denver. The Town received notice from the Insurance Services Office that its fire classification had improved from a c1 ass 6 to a class 5; the Town missed a class 4 rating by .44 of a point. He stated the Town is inquiring about it. Merv Lapin suggested the Town do a press release that this rating was the best in the valley and residents can notify their insurance companies for cost reductions. Ran stated real estate transfer tax for March was $11,000 under budget, but was $31,000 over budget for the year; sales tax collected was $85,000 over budget for February and $142,000 over budget for the year. He read to the Council for approval a drafted letter to Bill James regarding the TV translator engineering design. Merv Lapin stated if he was gone when they start meeting, Eric would attend in-his place. .Merv stated he was interested in being a member of an Ice Arena Task Force, if possible. Gail 4~ahriich-Lowenthal said she would attend Chamber of Commerce meetings. There being no further business, the meeting was adjourned at 3.1:40 p.m. Respectfully submitted, ~ ~~ Kent~R. Rose, Mayor ATTEST: C~~~. ~a~ Pamela A. Brandr~eygr, Town Clerk Minutes taken ,by Brenda Chesman -._ ;., -3- l ~ ~ ~ w ~d~ V ~ MINUTES VAIL TOWN APRIL 19, 7:30 P.M. COUNCIL MEETING 1988 A regular meeting of the Vail Town Council was held on Tuesday, April 19, 1988, 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 Gail Wahrlich-Lowenthal Gordon Pierce Tom Steinberg Merv Lapin Ran Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first order of business was Ordinance No. 9, Series of 1988, second reading, rezoning a part of Lot N and a portion of Lot O, Block 5D, Vail Village First Filing !from Heavy Service to 5peciai Development District with Commercial Core I underlying zone district {Dail Gateway-Amoco Station). Mayor Rose read the title in full. Rick Py1man explained the changes in the ordinance since first reading: 1) Section 6 adding a sentence clarifying the permitted uses; Z) Section 7 adding the four conditions of approval; and 3) Section 9 was stricken from the ordinance {it was the same as condition 3 of Section 7). Peter Jamar, representing Palmer Development Company, wanted to discuss some of the conditions. He discussed the problem of acquiring a construction performance bond and suggested the applicant come back before Council at a Work Session showing proof of funds before receiving a building permit. Larry Eskwith explained why this should be acceptable. After some discussion, Council requested a time limit to have the approval on the landscape improvements for the Standard station; Peter Jamar preferred by the receipt of a certificate of occupancy, to which Council agreed. There was no discussion by the public. Eric Affeldt made a motion to approve the ordinance with the changes made, which Gail Wahrlich-Lowenthal seconded. At this time, Rick Py1man stated the sidewalk design would match the other portions of sidewalk connecting to it. A vote was taken and the motion passed unanimously 6-0. The next item was Ordinance Na. 11, Series of 1988, first.rea.ding., regarding no smoking in Town of Vail buildings policies. Mayor Rose read the full title. Larry Eskwith explained the ordinance would prohibit smoking in any Town of Vail building, and the Council could expand on this to other buildings at any time in the future. Mayan Rose stated he would like to expand this later to include restrooms and other buildings. He noted that the citizen surveys returned showed about 89% who responded did not smoke. Tom Steinberg commented he wanted to include Town of Vail vehicles and also sales of cigarettes on any Town of Vail premises. Larry said the language would be added for second reading. Ron Phillips Hated that lessors of Town of Vail property could continue to do what they are presently doing until the end of their leases. Larry felt Council could not stop the installation of cigarette vending machines in leased space. Susan Scanlan commented she had not compiled the citizen surveys yet, but it looked about 50/50 split on restaurants but that grocery stores would be in favor; she will compile the data and report back to Council. Tom Steinberg made a motion to approve the ordinance with the addition of non-selling of tobacco products on Town of Vail property and the prohibition of use of tobacco products in any Town of Vail vehicles. Eric Affeldt seconded the motion. A vote was taken and the motion passed unanimously 6-0. The third order of business was Resolution No. 7, Series of 1988, authorizing the purchase of the Holy Cross parcel for the new T-70 Interchange. Mayor Rose stated the sale was conditional on several things: 1) Town Council approval; 2) Holy Cross Association approval; 3) a supplemental appropriation to cover the down payment; and 4) a promissory note and deed of trust to be approved by both parties. Gail Wahrlich-Lowenthal was concerned about the easements. Eric Affeldt stated the monies for the purchase have not been designated from any particular fund source as yet. Mayor Rose agreed, and commented the Highway Department was taking the ~d 4 approach that if Council approved the purchase tonight, the Highway Department intended to proceed with the project. Stan Berryman gave an update on the project and stated the ramps location had been preliminarily designed and explained the importance of turning lanes on the South Frontage Road. Peggy Osterfoss questioned where the money was coming from, to which Mayor Rose responded. Peggy then questioned why the Town had to purchase the land, why not the Highway Department. Mayor Rose said it was a Highway Department policy. Ron Phillips then gave a little history an the interchange construction. Lou Meskiman questioned the cost of the the total project; Stan Berryman responded $1.8 million, plus the cast of the land. Lou stated he was concerned over additional traffic lights other than what's planned. Ken Wilson felt the Highway Department should build the interchange, and he was also concerned over using real estate transfer tax funds for the purchase. He felt the Council should let the public know where the money would be coming from. Ron Phillips gave additional information regarding the parcel. Ken Wilson questioned haw the figures were developed, to which Ron responded. Bi11 Wilto was concerned about alignment and over using real estate transfer tax funds; Ron responded. Eric Affeldt and Mayor Rose answered questions from the audience. Diana Donovan stated her concerns and read a letter from Ed Draper opposing stop lights; she then explained why she was against traffic lights. Mike Sansbury, representing Cascade Village, fully supported the resolution and plan; there is development in the community and he believed this was appropriate. Mike Robinson, stated without the changes, traffic would back up onto I-70 and we would lase guests not wanting to came back; we need to be prepared. Robert Levine agreed. Lou Meskiman questioned the location, and Mayor Rose responded. Dan Mulrooney felt the changes were inevitable, so let's get on with it. Jo Brown, of the Vail Board of Realtors, stated she was not against the interchange, but against using real estate .transfer tax funds for anything but green space. Robert Levine felt the new interchange was needed for mare and more traffic, not just for the World Championships. Jan Strauch aired his feelings against the interchange. After more discussion by the public and Council, a motion to approve the resolution was made by Gail Wahrlich-Lowenthal. The motion was seconded by Gordon Pierce. Gordon Pierce encouraged developers to work on landscaping. Eric Affeldt stated he was apposed to purchasing the entire parcel, he only wanted the part which is needed. A vote was taken and the motion passed 5-1, with Tom Steinberg opposing. The next item was Resolution No. 8, Series of 1988, urging Governor Romer to oppose construction of any transmauntain diversion project until a statewide water program is adopted. Ran Phillips stated Council at that afternoon's Work Session wished to take a position against Two Forks water diversion; the resolution was done and before them.. Diana Donovan suggested adding "and Army Corps of Engineers" after Romer in the resolution's title. Mayor Rose noted that Diana had helped write the resolution. There was no discussion by Council or the public. Gordon Pierce made motion to approve the resolution with the added wording in the title, which Eric Affeldt seconded. A vote was taken and the motion passed unanimously 6-0. The fifth item of business was the Vail Resort Association 'request for marketing dollars. Rob Levine, Chairman of the VRA Board, briefly explained what has happened • to the VRA recently and their request for a more broad based mix of sources for funding. David Kanally of David Kanally and Associates, representing the Vail Resort Association, commented on the proposed program for marketing. He reviewed all aspects of the program and answered questions from Council. Mike Sansbury stated the plan was the same basic scaled down plan as the Marketing Committee's RFP's. Gail Wahrlich-Lowenthal suggested the Marketing Committee review this plan and meet with the Vail Resort Association far funds. Eric Affeldt, as the Council representative on the VRA Board, was not comfortable with a donation of $80,000 from the Town, but would agree to spend something. He said he was glad to see summer marketing, but wanted to see some business community interest, otherwise he would be against any additional funding later. Mayor Rose agreed and stated he wanted a proposal for funding from the business community for a long range marketing plan. Mike Sansbury stated the funding sa far was solely form the lodging community. Gail Wahrlich-Lowenthal commented she was leaning toward the $40-60,000 range with the World Championships being covered. David Kanally clarified where the money would be spent in response to a question from John Slevin. Eric Affeldt made a motion to approve a contract for marketing services with the Vail Resort Association for $40,000 for 1988 with the caution and concern that this would not be an ongoing process; the business community must come back with some long range plan before asking for more money. John Slevin seconded the motion. A vote was taken and the motion passed unanimously 6-0. r~ u -~- ~•~• .• r The sixth order of business was an appeal by the Town Council of a Design Review Board approval concerning the site plan for the Skaal Hus. 6etsy Rosolack gave brief background information on the site p1 an. Mayor Rose had called the item up because there was no sidewalk planned. Tom Steinberg, Gordon Pierce and John 5levin explained their concerns and discussed their suggestions. John Perkins commented on the problems he saw with the Council's suggestions, but did say he would try to work on some of them. Eric Rffeldt stated he appreciated the landscaping, but the general consensus was that there needed to be a sidewalk. Peter Patten suggested Council let the construction go forward and let Community Development issue a building permit with the condition changes are made. Staff would review the changes, or Council could if they wanted, and have the Design Review Board review. The applicant agreed a sidewalk was needed, but really wanted the project to proceed. Mayor Rose suggested a foundation permit be issued so the project could proceed and have the Design Review Board approve the new plan for the sidewalk and landscaping; if approved prior to the end of the foundation, the construction could continue. Eric Affeldt preferred that staff review and approve the changes, not the Design Review Board, so it would proceed faster. Gordon Pierce made a motion to issue a foundation permit, work with staff to move the parking spaces for a sidewalk, with staff to make the final approval, and review the feasibility of moving the bus stop west of the driveway. Jahn Slevin seconded the motion. A vote was taken and the motion passed unanimously 6-0. Under Citizen Participation, Lou Meskiman asked Mayor Rose about six month visa's for Europeans to help the labor farce during the winter months. Mayor Rose stated he had asked for input at the last Colorado Association of Ski Towns meeting and .there had not been much interest. There was no Town Manager's Report. Tom Steinberg commented at this time that the Vail Community Theater was putting on a p1 ay at 6:30 p.m. at the Cascade Theater, playing through Saturday, April 23. There being no further business, the meeting was adjourned at 10:10 p.m. Respectfully submitted, Kent R. Rose, Mayor ATTEST: ,~ ~01'~~f,~hcuacbti~ Pamela R. Brandr~eyer, Town Clerk Minates ~tak_en, by Brenda Chesman -3- MINUTES VAIL TOWN COUNCIL MEETING MAY 3, 1988 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, May 3, 1988, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: MEMBERS ABSENT: TOWN OFFICIALS PRESENT: Kent Rase, Mayor John Slevin, Mayor Pro Tem Eric Affeldt Gail Wahrlich-Lowenthal Gordon Pierce Merv Lapin Thomas Steinberg Ran Phillips, Town Manager Pam Brandmeyer, Town Clerk The first order of business was the approval of the minutes from the April 5 and April 19, 1988 meetings. Gail Wahrlich-Lowenthal noted that at the April 5 meeting, it was Pepi Gramshammer, not Pepi Langegger, who entered the discussion on Ordinance ~NO. 8. She also questioned whether Merv Lapin opposed the ordinance. Gordon Pierce made a motion to approve the minutes as presented, with those corrections, which John Slevin seconded. A vote was taken and the motion passed unanimously 5-0. Council decided at this point to change the order of the agenda to place Ordinance No. 13 first to accommodate the large crowd which had gathered far that item of business. The next item was Ordinance No. 13, Series of 1988, first reading, far supplemental appropriations in order to approve expenditures. Mayor Rose read the full title and then asked Charlie Wick to explain the ordinance, excluding the purchase of the Holy Cross parcel. Gharlie then detailed the breakdown of supplemental appropriations. Eric Affeldt stated that in response to a town survey, an amount in excess of $1,000,000 was allocated to road repair and restructuring. Mayor Rose stated that road improvements in the Chamonix area of West Vail were completed through a special assessment district; however, he added that special assessments are not cost effective for future road improvements, and the West Vail bonds were being paid off by the Town. There was no citizen discussion to the above. Mayor Rose then brought up the issue of the purchase of of Haly Gross 1-a,nd, the new interchange, and the signalization of that interchange. He gave a brief project history and then asked Bob Morton and Rich Penske from the Highway Department in • Grand Junction to clear up any misconceptions about the project. Bob explained that the Federal Highway Administration is responsible for funding and management of interstate highways and their accesses. It is not possible to build the new offramp, without signals. He further added that if the project is not approved that federal funds would be spent on other projects in District 3. It was also his opinion that if the approved funds went back, new funds would not be attainable until approximately 1995, if that, as federal road funding is decreasing annually. The use of hand signals in place of electronic ones was discussed, but both Bob and Rich felt that the traffic volume created a dangerous situation, especially in inclement weather and at night where lights were more effective and safe. The possibility of a third lane on the south frontage road was briefly addressed. Rich stated that the Highway Department supports mitigation for that area when the time comes. In order to expedite the issue, Mayor Rose then asked Council for their individual views on the new interchange and signalization. John Slevin said he would not support it because he felt the plan was just shifting the problem from the four-way stop to the new interchange. He would support a plan for the use of hand signals. Gordon Pierce agreed with John's viewpoint, and also said he would vote against it. Gail Wahrlich-Lowenthal felt it was an issue of locals vs guests, and that she would have to vote in favor of the local sentiment. Eric Affeldt stated that turning Vail into the best resort passible is the top priority of Council, but because of the local opposition to the plan, he was also going to vote against it. Knowing that the project was defeated, Mayor Rose then concluded that the defeat was only a .postponement of the signalization by the Highway Department, and that other alternatives in the past have not been effective. He said because of surveys by knowledgeable sources the problem is a very real one that will have to be dealt with in the near future. He voted in favor of the project. Several citizens then made statements to Council. Their comments and solutions included: buy the parcel for open space; construct new interchange by the tennis courts on already Vaii-owned property; address parking problems first; create traffic circles at busy • interchanges; and finally, Vail is becoming internationally known and the problem of traffic congestion is a minor one at this time. A petition with 300 local signatures opposing the new interchange was presented to Council. Ron Phillips answered a question pertaining to the Real Estate Transfer Tax. Eric Affeldt then made a motion to approve the ordinance with the exception of the $75,000 allowances for the purchase of the Holy Cross parcel: $75,000 from the Capital Projects Fund and $75,000 from the General Fund, making the total sum for appropriations $2,749,770. John Slevin seconded the motion. A vote was taken and the motion passed 4-1. Mayor Rase cast the opposing vote. The third order of business was Ordinance No. 11, Series of 1988, second reading, regarding no smoking policies for Town of Vail buildings and vehicles. ,Ron Phillips briefly described the ordinance, including some additions suggested by Tom Steinberg. Joann Mattio of Youth Services requested that a designated smoking section be made at the Teen Center. She stated that she had some control aver the teenagers when they were inside, but that they were likely to use alcohol or drugs when they went outside. In her opinion, approximately 50 percent of the teens smoked, and the no smoking ordinance would only cause her to lose some control over the teens and force them outside to get into possible trouble. While Council sympathized with her plight, they strongly felt that the ordinance could not be changed to allow teenagers to smoke, when adults could not. Mayor Rose asked Ron to find a solution to this particular problem, possibly by sending a social worker to help with the transition. He a1 so explained that the wards "designated smoking areas" do not exist at this point for the Town, but are for future expansion of the ordinance to private uses. He added that a recent survey of local citizens showed that 89 percent do not smoke. Ron concluded the discussion stating that the Vail Golf Course Clubhouse was not included in restricted areas at this time. Eric Affeldt made a motion to approve the ordinance. John Slevin seconded the motion. R vote was taken and the motion passed 4-1. Gail Wahrlich-Lowenthal opposed the ordinance because of the ramifications at the Teen Center. The fourth item was Ordinance No. 12, Series of 1988, first reading, to clarify design guidelines for duplex and primary/secondary developments. Mayor Rose read the full title. Tom Braun explained the background, purpose, and specifics of the ordinance. There was a lengthy discussion on the definition of common walls and roofs, the presence of physical constraints, and detached garages caused by those constraints. There was further discussion by the council and Tom about the role of the Design Review Board. Kathy Warren asked questions relating to the Design Review Board and terminology in the ordinance. Diana Donovan said the Planning Commission had reviewed the ordinance and that the language was as concise as possible. It was decided that the Design Review Board should study the ordinance, when convenient, . and give their recommendations and/or approval to Council when completed. Eric made a motion to table the approval of the ordinance until the Design Review Board's input is received. Cordon Pierce seconded the motion. A vote was taken and the motion passed unanimously 5-O. The fifth order of business was Resolution No. 9, Series of 1988, adopting a recreational trails p1 an. Rick Pylman explained the changes made to the plan since it was first presented 3/22. He presented Council with the "Recreational Trails Master Plan" report, dated May 1988, compiled by Winston Associates. Paul Kuehn of Winston Associates briefly explained the report. He stated that one of the main trails runs from the covered bridge to Ford Park, and that any improvements are cost effective. Gordon said he would like to see the plan approved and supported its implementation. He felt it would be a goad marketing tool. A citizen asked if the trails would be wide enough far pedestrian and skiers. Rick stated that specifics far usage will be addressed after further study, but that stairs are planned to discouraged bikers from using some paths. John Slevin commented on a possible lighting system for pedestrian use at night. The issue of maintenance during the winter months was also brought up. Gail Wahrlich-Lowenthal made a motion to approve the resolution as presented. Gordon Pierce seconded the motion. A vote was taken, and the motion passed unanimously 5-0. The sixth order of business was a request for a sign variance by the Marriott Mark i to allow one additional sign and 22 sq. ft. of signage above what is allowed under -2- A Y the sign code. Kristan Pritz, Senior Planner, showed Council pictures of the proposed sign. She stated that the sign Cade will probably have to be changed in the near future to accommodate larger buildings, and that the present guidelines need to be better defined. Gordon Pierce made a motion to approve the request. John seconded the motion. The request was approved unanimously 5--0. There was no Citizen Participation. Under the Town Manager's Report, Ron commented that $180,000 collected during April far the Real Estate Transfer Tax was "phenomenal." There being no further business, the meeting was adjourned at 10:20 p.m. Respectfully submitted, Kent R: Rose, Mayo ATTEST: ~ ..~ ~~ ~~ Pamela A. Brandmeyer, Town Clerk Minutes taken by S. R. Schiffmacher for Brenda Chesman • r'1 -3- MINUTES UAIL TOWN COUNCIL METING MAY 17, 1988 7:30 P.M. A regular meeting of the Vail Town Council was held an Tuesday, May 17, 1988, 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 Gail Wahrlich-Lowenthal Tom Steinberg Eric Affeldt Merv Lapin Gordon Pierce Charlie Wick, Acting Town Manager Larry Eskwith, Town Attorney The first order of business was the presentation of the Chuck Anderson Youth Recognition Award. Mayor Rose introduced the awards and explained the criteria used in choosing recipients. He explained one recipient was present, and the other would ~eceive hers later with another award at Battle Mountain High School. He then ~ntraduced Nate Bryan, a Senior at Vail Mountain School this year. Mayor Rose commented that Nate was an outstanding student and exception athlete, then read a letter Mr. Peter Abuisi wrote about Nate. He then presented Nate with a plaque and medallion. The next item was Ordinance No. 13, Series of 1988, second reading, regarding supplemental appropriations in order to approve expenditures. Mayor Rose read the full title. Charlie Wick explained the ordinance was the same as at first reading with the exception of the figures. They are $150,000 less than originally submitted because of the deletion of the funds needed to purchase the Holy Cross land. There was no discussion by Council ar the public. Tom Steinberg. made a motion to approve the ordinance, and Gail Wahrlich-Lowenthal seconded. A vote was taken and the motion passed unanimously 4-0. The third order of business was Ordinance No. 14, Series of 1988, first reading, amending Title 12 Streets and Sidewalks of the Municipal Code. The full title was read by Mayor Rose. Larry Eskwith stated this ordinance had been discussed at the Work Session that afternoon and that there had been no changes except to correct a few typographical errors. He then explained briefly what the ordinance would do. After a brief discussion by Council, it was decided to change the wording "in front of" premises, to specify all utilities and to have the ordinance recorded with Eagle County after final passage. Gail Wahrlich-Lowenthal then made a motion tv approve the ordinance with the changes and correction of typographical errors, which John Slevin seconded. A vote was taken and the motion passed unanimously 4-O. The next item was Ordinance No. 15, Series of 1988, first reading, regarding amplified sound. Mayor Rose read the full title of the ordinance. Larry Eskwith explained he wanted to revise the first paragraph to read "sounds is difficult to administer and should be repealed and reenacted". He then explained the reasoning for the ordinance. John Slevin and Tom Steinberg questioned how this would relate to the Amphitheater. Larry commented he would talk to Ron Phillips and staff and give recommendations at the second reading. After mare discussion by Council, Jahn Slevin made a motion to approve the ordinance with the wording change in the first paragraph and with the provision that the Amphitheater issue be addressed at second reading, which Tom Steinberg seconded. A vote was taken and the motion passed unanimously 4-0. The fifth item of business was the Best Western Vail Glo Lodge sign variance request. Rick Pylman gave background information on the applicant`s request to update the existing signage. He reviewed the four criteria used in evaluating the requested signage and explained why staff recommended denial. Hugh Warden, representing the applicant, explained why the applicant believed they had a hardship case and that they were a highway oriented business. After much discussion with Council regarding the reasoning for the requested signs, Gail Wahrlich-Lowenthal made a motion to deny the request for a variance because the applicant's request does not comply with the Town's sign eades and the applicant did not prove physical hardship. John Slevin seconded the motion. A vote was taken and the motion passed unanimously 4-0. here was no Citizen Participation. Under the Town Manager's Report, Charlie Wick wanted to note the two press releases just distributed. One was concerning the "Va11ey-Wide Clean-Up Oay" which would be this coming Saturday, May 21.. Everyone to meet at 8:00 a.m. at the Crossroads Shopping Center parking lot, and work until noon. The other press release was about the $1.2 million UMTA grant for our Town bus system. There being no further business, the meeting was adjourned at 8:45 p.m. Respectfully submitted, Kent R. Rose, Mayor ATTEST: Pamela A: Brandr~eyer, Town Clerk Mit~u-~:es-take,n by Brenda Chesman ;] _2_ MINUTES UAIL TOWN COUNCIL MEETING JUNE 7, 1988 7:30 P.M. • A regular meeting of the Vail Town Council was held on Tuesday, June 7, 1988, at 7:30 p.m. in the Council Chambers of the Uail Municipal Building. MEMBERS PRESENT: MEMBERS ABSENT: TOWN OFFICIALS PRESENT: Kent Rose, Mayor Eri c Affeldt Gail Wahrlich-Lowenthal Gordon Pierce Tom Steinberg John Slevin, Mayor Pra Tem Merv Lapin Ron Phillips, Tawn Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk Gail Wahrlich-Lowenthal was not present at the start of the meeting. The first order of business was the presentation of a Chuck Anderson Youth Recognition Award to Jothi Alahan. Mayor Rose explained why the presentation was delayed, what the award represents, and reviewed the criteria used in choosing nominees. He commented on the awards and recognition Jothi had received to date. She is a Senior at Battle Mountain High School this year, is the Senior Class President and the first Battle Mountain representative ever to be chosen as a National Merit Finalist. She has also received several scholarships. Mayor Rose then presented a plaque and gift to Jothi. The next item was the approval of the minutes from the May 3 and 17, 1988 meetings. There was no discussion by Council or the public. Eric Affeldt made a motion to approve the minutes as presented, which Gordon Pierce seconded. A vote was taken and the motion passed unanimously 4-0. The third item was Ordinance No. 14, Series of 1988, second reading, requiring abutting property owners to connect to utilities whenever a street is authorized to be paved by the Council. Mayor Rose read the title in full. Larry Eskwith explained there were no changes after the first public meeting and reviewed the changes made at first reading. There was no discussion by Council or the public. Gordon Pierce made a motion to approve the ordinance, and Tom Steinberg seconded. A vote was taken and the motion passed unanimously 4-0. The fourth order of business was Ordinance No. 15, Series of 1988, second reading, providing new requirements for the use of loud speakers or sound amplifying equipment. Mayor Rose read the title in full. Larry Eskwith explained the changes made since first reading. There were na comments by Council or the public. A motion to approve the ordinance was made by Eric Affeldt and seconded by Gordon Pierce. At this time, there was a question from the public concerning previous requirements, to which Larry explained how things would change. The person then questioned if street entertainers could advertise and receive tips on private property, to which Larry commented the ordinance did not deal with street entertainers, only amplified sound. He requested the person to call him to discuss the issue later. A vote was then taken and the motion passed unanimously 4-0. The next item was Ordinance No. 12, Series of 1988, first reading, amending the Design Review Guidelines pertaining to primary/secondary and duplex development. The full title was read by Mayor Rase. Tom Braun noted he would not discuss all background information, but would rather bring the Council up-to-date on chain of events since the May 3 meeting. He stated both the Planning and Environmental Commission and the Design Review Board substantially approved the ordinance with no problems, explained what the ordinance would do and then answered questions from Council. Tom Steinberg made a motion to approve the ordinance, which was seconded ~by Gordon Pierce. A vote was taken and the motion passed unanimously 4-0. The next order of business was Ordinance fro. 16, Series of 1988, first reading, prohibiting liquor and beer in closed containers over July 4th weekend and New Year's Eve. Mayor Rose read the full title. Ken Hughey explained the reasons behind the ordinance. Tom Steinberg had questions regarding guests at the lodges in the area. Larry Eskwith stated he would work on additional language for second reading. It was also noted there should be a correction in the wording of the title. A motion to approve the ordinance was made by Eric Affeldt and seconded by Tom Steinberg. A vote was taken and the motion passed unanimously 4-0. At this time, Eric Affeldt stated Gordon Pierce had mentioned at the Work Session the amount of letters from people complimenting the Police Officers. Eric commended the Police Department on such good interaction with the public. Gordon Pierce and Mayor Rose agreed the Officers were doing a great ,job, The seventh item was Ordinance No. 17, Series of 1988, first reading, regarding increased fines and jail sentences on criminal ordinance violations. The full title was read by Mayor Rose. Larry Eskwith stated the ordinance was suggested by Buck Allen. He explained the reasoning was the more serious offenses deserved more serious penalties. He commented Buck had done some research and found other municipalities had similar penalties as the proposed ordinance. There was no discussion by Council or the public. Gordan Pierce made a motion to approve the ordinance, and Tom Steinberg seconded. A vote was taken and the motion passed unanimously 4-0. The next item on the agenda was an appointment to the Local Liquor Licensing Authority Board. Mayor Rose stated there was one opening on the Board. He noted Council had interviewed Lynn Fritzlen and Tim Savage at the Work Session; Kevin Cassidy was also an applicant but had not interviewed that afternoon. A vote was taken by Council, and Lynn Fritzlen was chosen as the new Board member. The ninth order of business was a sign variance request by Vantage Point. Betsy Rosolack gave background information an the request. She stated staff agreed the Vantage Point Condominiums had an identity problem, and the proposed signage with respect to size was in harmony, but the height variance was not warranted. Staff supported the variance request for total signage allowed, but not the requested sign height variance. Dave Edwards, President of the Vantage Point Condominium Association, noted a typographical error in staff's memo to Council - the requested height variance was to 38 feet, not 48 feet. He stated the Design Review Board had approved 32 feet, and staff recommended 25 feet. He felt it was acceptable and compared their request to what the neighboring buildings and their signage. He felt the request was consistent with what they had and was not an unreasonable request. Gordon Pierce stated he felt there was inconsistency all the way down from the Doubletree Hotel, and he had no problem with the 38 feet request because it was in proportion with the building. He asked the applicant if they could Correct the pipes coming out of the roof because they looked terrible. Gail Wahr1ich~Lowenthal arrived. • Dave Edwards agreed with Gordon concerning the pipes, and said he would try to convince the Board to take care of the problem. Mayor Rose suggested lowering the sign from 38 feet to 32 feet off the ground, at about the second panel of the elevator shaft. After some discussion by Council, Dave Edwards stated that centering the sign within the second panel of the elevator house would be acceptable instead of deciding on specific feet above ground. Gail Wahrlich-Lowenthal agreed with this decision. Peter Patten stated this would be alright, but Council should specify in the motion why they agreed to locate the sign above the 25 foot limit. Eric Affeldt made a motion to grant the variance not at the requested 38 feet, but the sign be centered in the second panel from the roof of the utility shed., with the condition that the exterior utility stacks be better disguised so as not to be an eyesore. He felt raising the sign above the C5 foot sign code limit was acceptable because the sign did not reflect on buildings facing the interior of town, but rather the exterior facing I-7O. Gordon Pierce seconded the motion and commented on inconsistencies in the sign code. Eric then included in the motion comments on the Findings as shown in staff`s memo to the Design Review Board dated May 18, 1988 as follows. A) He agreed with staff that there was a physical hardship; B) there were special circumstances not created by the applicant; C) the variance would be in general harmony with the area; and D) the variance did depart from the 25 foot limit, but there had been special circumstance variances granted before. Gail Wahrlich-Lowenthal felt the 25 feet was too low on this building and the sign looked . better higher up. A vote was taken and the motion passed unanimously 5-0. -2- Under Gitizen Participation, Reggie Sanchez, representing the Washington Charity Dinner, asked the Council to participate in Nancy Reagan's "dust Say Na" program by making a donation to a Bowlathon in Denver July 17th. Mayor Rose and Eric Affeldt thanked him and appreciated the offer, but stated this was a little out of the ordinary of what the Council usually supports. Mayor Rose stated they donated to many local programs. Al Weiss stated he read a letter in the paper from Tom Steinberg regarding a need for an Environmental Commission. He noted the Charter does provide for one and the combining of the Planning Commission and Environmental Commission was in violation of the Town Charter; the Council should look into it. Mayor Rose responded to Al`s concerns and informed him they were planning to look into it later this summer. Larry Eskwith responded to questions of legality by Al. There was no Town Manager's Report. There being no further business, the meeting was adjourned at 8:50 p.m. Respectfully submitted, Kent R. Rose, Ma,~or ~ ATTEST: ~;+V ~. ~ Pamela A. Brandmeyer,aTown Clerk Minutes take? by Brenda Chesman -3- . . LOCAL LIQUOR LICENSING A~ITHORITY BALLOT (Please choose one.) ~ f ~'~ r Kevin Cassidy (~ C~~ Lynn Fritz1en E4 f Tim Savage • MINUTES VATL TOWN COUNCIL MEETING JUNE 21, 198$ 7:30 P.M. • A regular meeting of the Vail Town Council was held on Tuesday, June 21, 1988, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: MEMBERS ABSENT: TOWN OFFICIALS PRESENT: John Slevin, Mayor Pro Tem Eric Affeldt Gail Wahrlich-Lowenthal Gordon Pierce Tom Steinberg Kent Rose, Mayor Merv Lapin Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first order of business was the presentation of a ten year employment anniversary award to Jose Sandoval. Ron Phillips gave background information on .Jose and explained Jose was a Mechanic II in Fleet Maintenance. Jose thanked Ron and the Council and stated he enjoyed working for the Town. Stan Berryman commented that Fleet Maintenance was not always given the appreciation due them and people only noticed when the buses were not working; he thanked Jose for his good work in Fleet to keep things going so smoothly. Todd Scholl stated he had worked with Jose for seven years, that Jose helped make Fleet a good place to work, and he hoped to work with Jose another ten years. The next item was a Consent Agenda consisting of: A. Ordinance No. 12, Series of 1988, second reading, amending the Design Review Guidelines pertaining to primary/secondary and duplex development. B. Ordinance No. 16, Series of 1988, second reading, prohibiting liquor and beer in closed containers over July Fourth Weekend and New Year's Eve. C. Ordinance No. 17, Series of 1988, second reading, regarding increased fines and jail sentences on criminal ordinance violations. Mayor Pro Tem Slevin read the full title of each of the ordinances. Larry Eskwith noted there were no changes made on Ordinance Nos. 12 and 17, but paragraph B at the • top of page 2 was added to Ordinance No. 16 since first reading, He explained the added language was requested by Tom Steinberg at the first reading of the Ordinance. There was no discussion by Council or the public. Gordon Pierce made a motion to approve the Consent Agenda with the change as presented by Larry. Gail Wahrlich- Lowenthal seconded the motion. A vote was taken and the motion passed unanimously 5-0. The next item was Ordinance No. 18, Series of 1988, first reading, regarding the cancellation of electrical permit fees. Mayor Pro Tem Slevin read the full title of the ordinance. Larry Eskwith explained the State changed the law making it illegal for local governmental authorities to charge for registration of electrical contractors. Therefore, the Town had no choice but to pass the ordinance. He commented the procedures would all stay the same, but no fee charged. There was no discussion by Council or the public. A motion to approve the ordinance was made by Tom Steinberg and seconded by Gordon Pierce. A vote was taken and the motion passed unanimously 5-0. The fourth item of business was Ordinance No. 19, Series of 1988, first reading, regarding incorporating sales tax in the price of food Sales. The full title was read by Mayor Pro Tem Slevin. Larry Eskwith stated this ordinance would amend the sales tax ordinance by providing a mirror of the provision relating to alcoholic beverages for food sales. He explained this would simplify the tax for the food sales vendors. There was no further discussion by Council or the public. Gail Wahrlich-Lowenthal made a motion to approve the ordinance, which Tom Steinberg seconded. A vote was taken and the motion passed unanimously 5-0. The next order of business was Resolution No. 10, Series of 1.985, regarding delivery truck restrictions. Stan Berryman explained the resolution would formally adopt the experiment the Town had been using the last several months. He commented there had been no real objections to the policy by merchants or delivery truck drivers. After some discussion by Council, Gordon Pierce made a motion to approve the resolution. The motion was seconded by Tom Steinberg. A vote was taken and the motion passed unanimously 5-0. The sixth item was Resolution No. 11, Series of 1958, opposing the Forest Service's proposal to revise the current appeal process. Larry Eskwith stated what the Forest Service's plans were and gave the reasoning far the resolution. He commented he had sent a letter to the Colorado Municipal League, which was going to take action. There was some discussion by Council. A motion to approve the resolution was made by Tam Steinberg and seconded by Gail Wahrlich-Lowenthal. A vote was taken and the motion passed unanimously 5-0. The seventh order of business was the sign variance request for the Chevron Service Station. Rick Pylman explained what Chevron's request was, gave background information on the request and explained why staff recommended approval. He also commented there had been some confusion concerning the Design Review Board decision. He noted he felt the applicant wanted to be present, but Rick had told him to arrive later. There was much discussion by Council and Rick. Tom Steinberg then made a motion to grant the variance as presented and recommended by the Design Review . Board, with the removal of the current price signs and the signs above the gas pumps. Eric Affeldt seconded the motion. A vote was taken and the motion passed unanimously 5-0. There was no Citizen Aarticipation. There was na Tawn Manager's Report. There being no further business, the meeting was adjourned at $:40 p.m. Respectfully submitted, ~3oh C. Slevin, Mayor Pro Tem ATTEST: t~. ~3i'~~9I.~1.1~'~-J Pamela A. Brai~dmey~r, Town Clerk Minutes tak~ri by Brenda Chesman -2- ~, , MINUTES VAIL TOWN COUNCIL MEETING JULY 5, 1988 7:30 P.M. • A regular meeting of the Vail Town Council was held on Tuesday, July 5, 1988, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Kent Rose, Mayor John Slevin, Mayor Pro Tem Eric Affeldt Merv Lapin Gail Wahrlich-Lowenthal Gordon Pierce Tom Steinberg MEMBERS ABSENT: None TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Pam 8randmeyer, Town Clerk The first order of business was the approval of the minutes from the June 7 and 21, 1988 meetings. There was no discussion by Council or the public. Tom Steinberg made a motion to approve the minutes as presented, which John Slevin seconded. A vote was taken and the motion passed unanimously 7-0. The next item was a Consent Agenda consisting af: A. Ordinance No. 1$, Series of 1988, second reading, regarding electrical permit fees. B. Ordinance No. 19, Series of 1988, second reading, regarding incorporating sales tax in the price of food sales. C. Resolution No. 12, Series of 1988, designating TexasBanc Savings Association as a depositary for funds of the Town. Resolution No. 13, Series of 1988, designating United Savings Association of Texas as a depository for funds of the Town. Resolution No. 14, Series of 1988, designating United Savings Bank as a depository for funds of the Town. Resolution No. 15, Series of 1988, designating American Savings and Loan • Association as a depository for funds of the Town. Resolution No. 1fi, Series of 1985, designating Capitol City Savings as a depository for funds of the Town. Resolution No. 17, Series of 1988, designating Carver Savings and Loan Association as a depository far funds of the Town. Resolution Na. 18, Series of 1988, designating Champion Savings Association as a depository for funds of the Town. Resolution No. 19, Series of 1988, designating First Rmerican Bank for Savings as a depository for funds of the Town. Resolution No. 20, Series of 1988, designating First American Bank and Trust as a depository for funds of the Town. Resolution No. 21, Series of 1988, designating First Bank of Gladstone as a depository for funds of the Town. Resolution No. 22, Series of 1988, designating Tnuestors Federal Savings . and Loan Association as a depository for funds of the Town. ti ~ Resolution No. 23, Series of 1988, designating MeritBanc Savings as a depository far funds of the Town. Resolution No. 2~, Series of 1988, designating Olney Savings Association as a depository for funds of the Town. Resolution No. 25, Series of 1988, designating Standard Federal Savings and Loan Association as a depository for funds of the Town. Resolution No. 26, Series of 1.988, designating Suffield Sank as a depository for funds of the Town. Resolution No. 27, Series of 1988, designating Sunbelt Savings Association of Texas as a depository for funds of the Town. Mayor Rose read the full title of each of the ordinances. Charlie Wick explained the resolutions were usually a requirement of the bank or savings and loan authorizing large deposits; this was a pretty normal practice the Town had done the past several years. Chuck Crist asked if the institutions were in Texas, which Steve Thompson replied some were, but not a11, Steve explained there was $98,000 in each institution and gave the reasoning far all the accounts. Steve then commented on how he arrived at using these particular institutions. After much more discussion regarding plans and the way the procedures worked, Gordan Pierce made a motion to approve the Consent Agenda as presented. Jahn Slevin seconded the motion. A vote was taken and the motion passed unanimously 7-O. ~nder Citizen Participation, Chuck Crist commented on the negative publicity the Town had received concerning Ride the Rookies bicycle tour and questioned if there were any plans far next year to counteract this bad publicity. Mayor Rose stated it was sad that Vail was victimized by bad circumstances and that last week there had been a meeting called to critique the entire tour. He said they will be writing the participants of the race with a reply and special offers. He then mentioned for the first five years of the Ride the Rockies Tour the routes would be rotated, so there were na plans to counteract the publicity at this time, but he hoped later we would try to get on the established route. Under the Town Manager`s Report, Ron Phillips stated that bus ridership for June was up ten percent overall and gave route statistics. Ne commented that in the future he would like to eliminate the Town Manager's Report since he usually gives Council an update at the afternoon Mork Sessions. Mayor Rose stated he had received a memorandum from Gordon Pierce explaining that far personal and business reasons, Gordon would resign from Town Council effective September 30, 1988. Mayor Rase noted this was sad news, appreciated the time Gordon had served on the Council and wished Gordon the best. Gordon commented he would contribute his time as best he could until the end of September. There was some discussion regarding setting a special election date. At this time, Gaii Wahrlich- • Lowenthal stated she felt Gordon was "true blue°' and hoped he would come back to meetings after he was a "free man" to give them his ideas on issues. At this time, Merv Lapin made a motion to approve September 13, 1988 as the date far a special election to elect a replacement for the remainder of Cordon's term. Gail Wahrlich- Lowentha1 seconded. A vote was taken and the motion passed unanimously 7-D. At this time, Chuck Crist stated the comments he had received concerning July 4th weekend were all extremely positive. There being no further business, the meeting was adjourned at 8:15 p.m. Respectfully submitted, '~ ~''~ Kent R: Rase, Mayor ATTEST: Pamela A. Brandme~ y~er~~Town Clerk Minutes taken by Brenda Chesman _2_ MINUTES VAIt TOWN COUNCIL MEETING JULY 19, 1988 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, July 19, 1988, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: John Slevin, Mayor Pro Tem Eric Affeldt Merv Lapin Gail WahrlichwLowenthal Gordon Pierce Tam Steinberg MEMBERS ABSENT: TOWN OFFICIALS PRESENT: Kent Rose, Mayor tarry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first order of business was Ordinance No. 20, Series of 1988, first reading, changing the hour of 9:00 p.m. to 10:00 p.m. for closing down amplified sound in the Core. Mayor Pro Tem Slevin read the full title. Larry Eskwith stated the change .was made at the request of a local restaurateur who was concerned because they served dinner until 10:00 p.m. and wanted to play their music until that time. After some discussion by Council, Terry Evans questioned playing longer on special weekends, like July Fourth and Memorial Day, to help keep crowds under control; he was also concerned about decibel levels. Mayor Pra Tem Slevin explained Council was trying to keep everyone happy and modifying the hours should do it for awhile. Terry asked again about extending the hours over special weekends, to which Pepi Gramshammer agreed. Gail Wahrlich-Lowenthal commented she would like to leave the time at 10:00 p.m., and agreed with the 65 decibel level at the property line. She commented this should be discussed with the Police Department next year as far as extending hours for crowd control. Gail Wahrlich-Lowenthal made a motion to approve the ordinance with a typographical correction in Section I, and Tom Steinberg seconded. At this time, Gordon Pierce stated he agreed with Pepi that there needed to be some flexibility with extending the time maybe one hour only on Saturdays, and requested this be checked into before second reading. Merv Lapin asked Pepi Gramshammer to get a petition for the hour extension from the people who live in the area; Council's concern was far the residents in the area. Pepi responded he had not heard of any complaints. A vote was taken and the motion passed unanimously 6-0. The next item was Ordinance No. 21, Series of I988, first reading, repealing and • reenacting the Special Development Districts section of the Municipal Code. The full title of the ordinance was read by Mayor Pro Tem Slevin. Tom Braun asked if Council wanted to review the entire set of changes ar just problems they may have with certain areas. Mayor Pro Tem Slevin stated just certain areas; he had a problem with Underlying Zoning. Tom then reviewed Section D, "Underlying Zone Districts" and explained specifics. tarry Eskwith explained further the background of SDD's and underlying zoning. After much discussion by Council, Peter Jamar commended the staff far cleaning up this ordinance. He commented this had been needed fora couple of years and would like the ordinance passed tonight, but he would prefer no underlying zoning. He proposed language change under Uses 18.40.070 and thought language could be done to simplify things. Chuck Crist asked questions of Tam Braun concerning more SDD's, to which Tom responded. Jay Peterson agreed with Tom that the Planning and Environmental Commission should look at the changes proposed, and requested the ordinance be passed tonight. Peter Patten recommended Council not to change the policy, that underlying zoning provided a support basis and gave reasons why he felt this way. Eric Affeldt made a motion to approve the ordinance, which Tom Steinberg seconded. A vote was taken and the motion passed unanimously b-0. The third item of business was Ordinance No. 22, Series of 1988, first reading, amending the Municipal Code pertaining to parking fees charged for exempted areas. The full title was read by Mayor Pro Tem Slevin. Tom Braun stated staff was requested by Council to change the fees charged of $3,000 and $5,000 to $I0,000. We commented on the reasons for increasing the fees and gave background information. He reviewed the Planning and Environmental Commission's decisions and the reasoning behind them. Tom Steinberg commented he felt strongly the fee should be raised to $10,000 minimum. Mayor Pro Tem Slevin stated he felt the problem was deeper; who is responsible, the Town or the developer? He stated he supported the Planning Gammission's decision, the fee should be raised to a reasonable rate, and the Parking Task Force should review with public input. He stated he was looking more at $6,000 and the issue should be looked into deeper. Gail Wahriich-Lowenthal stated the Town's real costs should be passed on to the developer; no more, no less. She supported a fee in the area of $8,000; that if developers had to pay 100 of the costs, they should have 100% of the use. Gordon Pierce agreed with Tom Steinberg. Eric Affeldt stated if businesses bring in people, they should help pay for parking, and he agreed with the $10,000 minimum. At this time, Peter Patten explained more background information. Merv Lapin gave his reasons why he agreed with the $10,000 as a minimum, After Chuck Crist asked questions of Council, Jay Peterson commented why he was against the increase and wanted a parking study done. After much more discussion, Peter Jamar agreed with Jay. After mare discussion by Jay Peterson, Peter Jamar and Pepi Gramshammer, Eric Affeldt made a motion to approve the ordinance with a change in Section 18.52.160 B.5 regarding the amount charged from $10,000 to $8,000 and encouraged staff to press on to complete a parking study as soon as possible. Gail Wahrlich-Lowenthal seconded the motion. At this time, Gordon Pierce commented he was opposed to the $8,000 figure but would approve $6,000 until a study was done. A vote was taken and the motion to approve the ordinance with a change in the amount charged to $8,x00 passed 4-2, with Mayor Pro Tem Slevin and Gordon Pierce opposing. Peter Patten commented the parking study was a part of the Master Plan, and it was scheduled to be started in September to be done in the winter. The next order of business was Resolution No. 28, Series of 1988, setting the date for a special election to choose a Council member to fill the unexpired term of Gordon Pierce. Larry Eskwith commented the resolution was self-explanatory. There was no discussion by Council or the public. A motion to approve the resolution was made by Merv Lapin and seconded by Tom Steinberg. A vote was taken and the motion passed unanimously 6-0. The fifth item was the Medsker request to amend the adopted geo-sensitive area debris flow map from high to medium hazard in the area of Lot 12, Black 1, Vail Village 13th Filing. Rick Pylman gave background information on the area and the Medskers' request. He Hated Art Mears did the original study and also the work for the Medskers, and that staff had no recommendation. Rick, Larry Eskwith and Peter Patten then answered questions of the Council regarding the surrounding area. After a short discussion by Council, Gordon Pierce made a motion to approve the request to change the classification, which was seconded by Eric Affeldt. A vote was taken and the motion passed unanimously 6-0. The sixth order of business was the Vail water conservation proposal by Jebbie Brawn. She proposed that everyone in town use quart jars in their toilet tanks to conserve water. She stated they were asking for more and financial support from the community and explained the plans to initiate the program. Merv Lapin asked if she had talked to the Water Board because they send out mailings every month. Mayor Pro Tem suggested she ga to Rotary, the Water Board and the Board of Realtors far support to help get things rolling. Merv Lapin and Mayor Pro Tem Slevin gave Jebbie contact names for each of the Boards. Mayor Pro Tem Slevin commented Council would talk to Ran Phillips about a resolution to designate a date the program officially begins. Jebbie thanked the Council for their help and support. The next item was action on a horse drawn carriage agreement addendum. Larry Eskwith explained Steve Jones had one horse drawn carriage and wanted two. He noted according to Stan Berryman, there would be no problems with this. There was no discussion by Council or the public. A motion to approve the addendum was made by Merv Lapin and seconded by Gordon Pierce. A vote was taken and the motion passed unanimously 6-0. Under Citizen Participation, Steve Michaelson introduced himself as a candidate running for the District Attorney's office. He explained his background and willingness to work with our Police Department, and answered questions of Council. At this time, Merv Lapin commented he had noticed a dead end sign on Piney Road which was mis1ocated, and asked Larry Eskwith to have Stan Berryman relocate it at a mare proper place. Tom Steinberg stated the letter they received concerning -2- y ~ ~ r construction noise be responded to by Ron Phillips. Also, Tom was concerned about the public's perception of the Moly Cross parcel purchase and requested it be placed on the agenda of the next public meeting so the public could voice their opinions. There being na further business, the meeting was adjourned at 10:10 p.m. Respectfully submitted, _~ .john C. ~levin, Mayor Pro Tem ATTEST: Pamela A. Brandmeyer, lawn Clerk Minutes taken by Brenda Chesman C • -3- MINUTES VAIL TOWN COUNCIL MEETING AUGUST 2, 1988 7:30 P.M. LJ A regular meeting of the Vail Town Council was held on Tuesday, August 2, 1988, at 7:30 p.m. in the Council Chambers of the Uail Municipal Building. MEMBERS PRESENT: MEMBERS ABSENT: TOWN OFFICIALS PRESENT: • C Kent Rose, Mayor John Slevin, Mayor Pro Tem Eric Affeldt Merv Lapin Gail Wahrlich-Lowenthal Gordon Pierce Tam Steinberg None Ron Phillips, Town Manager Pam Brandmeyer, Town Clerk The first order of business was a consent agenda consistin5 of: A. Approval of the minutes from July 5 and 19, 1988 meetings. B. Ordinance No. 20, Series of 1988, second reading, changing the hour of 9:00 p.m. to 10:00 p.m. for closing down amplified sound in the Core. C. Ordinance No. 21, Series of 1988, second reading, repealing and reenacting the Special Development Districts section of the Municipal Code. Mayor Rose changed some wording in the July 5 minutes. At this time, Tom Steinberg made a motion to approve the minutes, which Gordon Pierce seconded. A vote was taken and the motion passed unanimously 7-0. Afterwards, Mayor Rose read the full titles of the ordinances. Mayan Pro Tem Slevin asked Peter Patten what was happening on Ordinance No. 21 regarding the underlying zoning, which Peter stated the wording would stay as is until a later date. After same discussion by Council, Peter commented the ordinance was to clean up and clarify some language sa the process is mare understandable, with everything remaining the same. He then clarified some issues for Council regarding the ordinance. Peter Jamar felt the issue should be dealt with while it was fresh in everyone's minds; that it should not be postponed for too tang a time. At this time, Eric Affeldt made a motion to approve Items B and C of the Consent Rgenda, and Mayor Pro Tem Slevin seconded. A vote was taken and the motion passed unanimously 7-O. The next item on the agenda was Ordinance No. 22, Series of 1988, second reading, amending the Municipal Code pertaining to parking fees charged far exempted areas. Mayor Rose read the title in full. Peter Patten Hated the dollar amount of the fee had been changed from $10,000 to $8,000 as requested at first reading. Mayor Rose gave background information regarding parking fees and how it got started. He explained his concern over raising fees for developers, and in his opinion, the funds should be raised by other means, i.e., increase taxes, increase sales tax 2%, or whatever, to do what is needed for the town, but he would not vote for an increase in the parking fee. Gordon Pierce agreed and commented he felt the increase would Hat be worth it. Gail Wahrlich-Lowenthal stated that at the last meeting she felt that $8,000 was fair and the Town should pass on its actual costs. She Hated she could understand the need for a parking study to find out who uses the structures and that small additions have problems with the dollar amount. But she was not comfortable with leaving the fee at the present figures, but may agree to $6,000 instead of the $8,000. Merv Lapin questioned the equity of other areas outside the Cores. Peter Patten responded with all were required to have physical parking spaces or pay the fee. Jay Peterson commented on the differences between the areas. Merv asked Jay to expand on the equities and noted his concerns of how parking structures additions were to be paid for; Jay responded. Josef Staufer stated the differences between Bridge Street and Crossroads. He also commented that it cast approximately $12,000 to build a parking space, but he awned it, but those in the parking fee do not get anything, He stated the $3,000 was a taken amount to help share the cost of parking in the future and if the fee is changed to $8,000, it would only be fair to physically give parking space in the structures. Bob Fritch commented an his perspective of the proposal and why he was against the increase. Peter Jamar stated that parking was figured the same in the Village as it was in West Uail which usually would not be done, explained why, and commented why he was opposed to the increase. Jack Curtin explained why he was also against the ordinance. Hermann Staufer agreed with Mayor Rose and explained that the fees had been used for studies, etc. in the past, and were not ever used to build the parking structures. He requested Council not to pass the ordinance. Sid Schultz commented he felt it contradicted the Uail Master Plan and Urban Design Guide for Lionshead. After more general discussion, Tom Steinberg made a motion to withdraw the ordinance and reconsider after a parking study was completed; Mayor Pro Tem Slevin seconded. Mayor Rose stated he would prefer a motion to approve or deny the ordinance on second reading. Tom Steinberg then made a motion to deny the ordinance. There was mare discussion at this paint by Josef Staufer, Paul Johnston, Pepi Gramshammer and Council. Mayor Rose noted if the ordinance was denied, the fees would remain the same as in the past. Mayor Pro Tem Slevin seconded the motion. A vote was taken and the motion passed 5-2, with Eric Affeldt and Merv Lapin apposing. The third item was Resolution Na. 29, Series of 1988, regarding annexation of the Ulbrich property to the Town of Vail. Ron Phillips stated the property was at the west end of the Vail dos Schone subdivision and part of Ulbrich's property was annexed when the Uail dos Schone annexation occurred. There was not sufficient contiguity, however, to take all of the property at that time, and Mr. Ulbrich now wants to annex the rest of it. Merv Lapin asked if Ulbrich was coming into the Water District and the Vail Metropolitan Recreation District, which Jay Peterson responded yes, he requirements. Jay resolution setting ordinance required made by Merv Lapin passed unanimously vas. Merv wanted to make the resolution conditional upon these commented that now was not appropriate, that this was only the the public hearing; the conditions should be included in the at a later date. A motion to approve the resolution was then and seconded by Gordon Pierce. A vote was taken and the motion 7-0. The next item of business was discussion of the Holy Cross parcel. Merv Lapin stated because he had been in China when the item was originally brought up, he wanted to discuss it again and to plan for the future. Al Weiss commented it was inappropriate to reintroduce the proposition again, which Mayor Rose disagreed. Merv clarified why it was reintroduced. Tom Steinberg noted he voted against it at the first reading, did not vote at second reading, but at the following meeting suggested the purchase be looked at for long term planning. Pepi Gramshammer agreed with Al Weiss and suggested Council let it rest for awhile. An unknown citizen questioned if the property was commercially developable by itself and was it supported by the citizens. He did not feel it was. Al Weiss questioned that no specific future use was mentioned and felt Council was using poor judgment. Peter Jamar commended Council on looking into long range prudent planning to tie the land up and keep their options open. He felt it made a lot of sense. Paul Johnston agreed. Gordon Pierce stated this was just to reopen discussions on this parcel and felt it was eery appropriate to discuss at this time. He felt Council had received some good input tonight and the purchase was worth looking into. Merv Lapin noted the property was also being looked at far possibly moving the fire station. Al questioned if Council was planning to call a special meeting or hearing to discuss this, which Merv responded yes. Mayor Rose stated he would prefer to deal with Holy Cross first and then go back to the public with speCifiG facts. Gordon Pierce and Gail Wahr1ich-Lowenthal agreed and requested staff to work on potential uses, Council requested Ran Phillips to contact Haly Cross and begin negotiations. The fifth order of business was the assignment of the Village Popcorn Wagon lease. Ran Phillips gave brief background information on the item and noted Jan Buckley ran the Lionshead Popcorn Wagon and wanted to take over the Village one. Mayor Rose commented that Jan was doing a goad job. There was no discussion by Council or the public. Merv Lapin made a motion to approve the assignment, which Tom Steinberg seconded. A vote was taken and the motion passed unanimously 7-fl. The next item was the presentation of the 1987 audited financial statements. Charlie Wick introduced Steve Thompson and Jerry McMahan, who gave audit information. Jerry commented the Town was in very solid financial condition and that controls were good. He then answered questions from Council. There was na Citizen Participation. -2- There being no further business, the meeting was adjourned at 9:45 p.m. Respectfully submitted, ~Y ~~ Kent 'R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, own Clerk Minutes taken by Brenda Chesman -3- MINUTES VAIL TOWN COUNCIL MEETING AUGUST 16, 1988 7:30 P.M. A regular meeting of the Vaii Tawn Council was held on Tuesday, August 16, 3.988, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Kent Rose, Mayor John Sevin, Mayor Pro Tem Eric Affe1dt Merv Lapin Gail Wahrlich-Lowenthal Gordon Pierce 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 anniversary award to Conrad Pascuzzi. Ron Phillips stated Conrad had worked for the Tawn since August, 1978 and began as a Maintenance Worker. Conrad was later promoted up to a Heavy Equipment Operator II. Stan Berryman commented he appreciated someone like Conrad who is inquisitive enough to follow through; he a1 so felt Conrad was an outstanding employee and a pleasure to work with. The next item on the agenda was Ordinance No. 23, Series of 1988, first reading, regarding Lionsridge special development district no. 22. Mayor Rose read the full title. He then stated he would probably be doing some development-work on the project, so would abstain from voting. Peter Patten gave background information on the project and explained the ordinance would take the existing 19 primary/secondary duplex lots and resubdivide them into 24 single family lots with a common open space. He then discussed the criteria used in the preliminary plan for a major subdivision; and that the proposal met all subdivision regulations criteria. He also noted there were no environmental impacts. Peter commented the only potential problem was the access road, which staff would continue to work on. He then explained why staff recommended approval with conditions as stated in the ordinance. Peter Jamar felt it was important to note this was a preliminary plat, stated his concerns and their planned goals for the development. He also elaborated on some of Peter Patten's comments. Eric Affeldt questioned Peter Jamar about representing Commercial Federal and questioned the reasoning fnr the SDD, to which Peter responded yes, he was representing Commercial Federal, and the SDD was the best plan for the property whether the land was sold or developed by Commercial Federal. Dick Hart commented he owned property across the street and liked the plans, but wanted to take the opportunity to work on a long range solution regarding parking problems with Solar Crest, the junk at Solar Crest, and the overhead power lines. After some discussion regarding the open space zoning by Council and Peter Jamar, there was more discussion about the neighborhood problems by Oick Hart. Larry Eskwith wanted wording included in the ordinance that the 5DD would not be approved until the final plat was approved, which Council agreed. He stated he would work on the language before second reading. Merv Lapin made a motion to approve the ordinance with conditions, which Tom Steinberg seconded. Peter Patten requested they include the changes and typographical corrections, which were: 1) page 4, no. 5, Lot 1 maximum GRFA should be 2,950, not 3,312; 2) page 4, no. 6, "The minimum frontback" should read "The minimum front setback"; 3} page 5, no. 9, "20 percent" should read "25 percent"; and 4) page 5, no. 11, sentence should end after "No. 22" and "upon second reading of this ordinance" should be deleted. Merv included these in the motion. A vote was taken and the motion passed 6-0, with Mayor Rose abstaining. The next item was Ordinance No. 24, Series of 1988, first reading, amending the Town of Vail employees` pension plan. The foil title of the ordinance was read by Mayor Rose. Charlie Wick explained the amendment would basically change the method of distribution after an employee has left the Town. He then explained the changes and the reasoning behind them. He Hated that State law required the police and fire plan to be approved by 65 percent; $1 percent of the police officers voted for it (22 for, 1 against and 4 did not vote) and 87 percent ofi the fire employees voted for it (13 for, i against, and 1 did not vote}. The Town employees' plan included the same language, but employees were not required to vote. Charlie then answered questions of the Council. Gordon Pierce made a motion to approve the ordinance, which Gail Wahrlich-Lowenthal seconded. A vote was taken and the motion passed unanimously 7-0. • The fourth item on the agenda was Ordinance No. 25, Series of 1988, first reading, amending the police and fire pension plan. The full title was read by Mayor Rose. Since Charlie Wick had a1 ready discussed the changes to the plan, there was no discussion by Council or the public. A motion to approve the ordinance was made by Merv Lapin and seconded by Tom Steinberg. A vote was taken and the motion passed unanimously 7-O. The fifth order of business was Resolution No. 30, Series of 1988, initiating a special and local improvement project in the Booth Creek area. Larry Eskwith stated the resolution would start the formation of a Booth Creek rockfall special improvement district, but it would not permit spending money an construction. Mayor Pro Tem Slevin questioned the landscaping of the upper cut and the Town needed to plan for it. Larry responded the resolution did not deal with money; more detailed ordinances would follow that would. Gordon Pierce made a motion to approve the resolution, which was seconded by Merv Lapin. A vote was taken and the motion passed unanimously 7-0. The next item was a Parking and Transportation Task Force presentation. Stan Berryman noted the Task Force presented information at the Work Session earlier that day, and their concept would go to the Design Review Board Wednesday. After same . discussion, Stan stated the short term and long term parking recommendations by staff and the Task Force. The recommendations were as follows: Short Term Recommendations Staff recommended to not purchase additional landing mats for Ford Park at least through the next ski season; the Task Force concurred. Council agreed that no additional purchases were necessary except in small quantities for what we lose. Staff and the Task Force agreed on the recommendation to create a parking lot with gravel east of the tennis courts, to take out the berm north of the courts and add 200 parking spaces which would utilize the whole area. Council agreed with the recommendation. The next item was to move rental car spaces out of the Village Transportation Center. Staff recommended leaving rental cars in the VTRC, but the Task Force recommended to offer agencies office space in the building but move the parking spaces to the Lionshead Transportation Center. Council agreed to reconsider this recommendation in a year, but in the meantime, leave everything as is, except to change the lease terms to coincide with the ski season. Parking rates schedule was next. Staff recommended a $1.00 increase across the board generating $242,000 in revenue, and keep the first 1-1/2 hour free. The Task Force recommended to combine the 4-12 hour parking fees into a lump sum of $5.00 and to raise the premium parking pass from $425 to $475, to generate $75,000 in revenue. Council agreed with the Task Force`s recommendation, but wanted the item brought up again at the next Evening Meeting to receive any public input. Staff recommended to not charge a fee for parking at the new parking lot to be created (in first recommendation} and at the landing mats; the Task Force toncurred with staff and wanted to accentuate there was free parking in Vail. Council agreed. Long Term Recommendations Staff recommended the request for proposal (RFP) lump all issues into one; the Task Force recommended splitting out the parking structure expansion, Visitors Center, and bus terminal traffic circulation into three separate RFP's. Ron Phillips felt the bus terminal traffic circulation and parking structure expansion should be lumped together. After same discussion, Council agreed. Council also agreed they wanted the item brought up again at the next Evening Meeting to receive any public input. -2- The next order of business was the appointment of election judges for the special municipal election to be held September 13, 1988. The proposed judges were Joan Carnie, Celine Krueger, Mary Jo A11en, Pamela Story and Katherine Rossi. There was no discussion by Council or the public, A motion to approve the proposed election judges was made by Mayor Pro re Slevin and seconded by Gordon Pierce. A vote was taken and the motion passed unanimously 7-0. Citizen Participation was next. Mike Gacioppo asked about changing the West Vail off ramp from one lane to two lanes with arrows, like at the Main Vail interchange. Mayor Rose stated the Tawn would ask the Highway Department and see what happened. Tom Steinberg asked about an ordinance concerning street cut permits, which Ron Phillips commented he would check on. At this time, Mayor Rose stated he needed to discuss a personnel item with Council and requested an Executive Session. There being no further business, the meeting was adjourned at 9:10 p.m. Respectfully submitted, ~ ~ ~ ~ ~~-° Kent R. Rase, Mayor ' r1 U ATTEST: C~~~. ~ . Pamela A. Brandmeyer, Town Clerk Minutes't~~Cen by Brenda Chesman • -3- r.i MINUTES VAIL TOWN SEPTEMBER 7:30 P.M. COUNCIL MEETING 6, 1988 A regular meeting of the Vail Town Council was held on Tuesday, September 6, 1988, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: MEMBERS ABSENT: Kent Rase, Mayor John Slevin, Mayor Pro Tem Eric Affeldt Merv Lapin Gail Wahrlich-Lowenthal Gordon Pierce Tom Steinberg None TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Tawn Clerk The first order of business was a ten year anniversary award to James Overcash, who is an employee of the Vail Fire Department. Mr. Overcash was present and remarks were made by Ran Phillips, Dick Duran and James Overcash. The second order of business was presentation of a plaque to Gordon Pierce far his service on the Vail Town Council. Remarks were made by Kent Rose and Gordon Pierce. The third order of business was a consent agenda, and Kent Rose, Mayor, read all items by title. A. Approval of minutes from August 2 and 16, 1988 meetings. B. Ordinance No. 23, Series of 1988, second reading, an ordinance approving Special Development District No. 22, in accordance with Chapter 18.40 of the Vail Municipal Code; and setting forth details in regard thereto. C. Ordinance No. 24, Series of 1988, second reading, an ordinance amending the plan document of the Town of Vail Employees Pension Plan; and setting forth details in relation thereto. D. Ordinance No. 25, Series of 1958, second reading, an ordinance amending the Town`s Police and Fire Pension Plan document, subject to approval by sixty-five percent (65%) of the Town's Police and Firemen; and setting forth details in relation thereto, E. Resolution No. 32, Series of 1988, a resolution designating Banco de Bogota, 375 Park Avenue, 23rd Floor, New York, New Yark, as a depository 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. F. Resolution No. 33, Series of 1988, a resolution designating American State Bank of Olivia, Box 10, Olivia, Minnesota, as a depository 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. G. Resolution No. 34, Series of 1988, a resolution designating First Service Bank, 15 Monument Square, Leominster, Massachusetts, as a depository far 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. M. Resolution Na. 35, Series of 1988, a resolution designating National Bancshares Corporation, P. 0. Drawer 121, San Antonio, Texas, as a depositary 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. At this point, Mayor Rose requested that any items Councilmen wish to remove, be removed from this consent agenda. Gail Wahrlich-Lowenthal indicated she would be abstaining from Item B, Ordinance No. 23, but it was decided she would abstain and this item could still remain on the consent agenda. Item E, Resolution No. 32, a resolution designating Banco de Bogota as a depository for funds of the Town of .Vail, was removed from the consent agenda by Eric Affeldt. A vote was then taken on Items A through H, disallowing Item E. Gordon Pierce made a motion to approve the consent agenda; Tom Steinberg seconded that motion. A vote was taken and it passed 6-0 in favor of the motion, except for Gail Wahrlich-Lowenthal abstaining from voting on Item B, Ordinance No. z3, Series of 1988, which was 5-0-1 in favor. The next order of business was a discussion of Resolution No. 32, Series of 1988. Eric Affeldt expressed concerns about banking with an international institution, posing questions as to whether it was FDIC and FSLIC insured and whether it was registered in New York. Charlie Wick responded by saying this institution had been represented by a broker, but that the staff would be double checking the broker's background information on this particular institution. A question was also raised as to whether funds could be seized should Columbia have internal problems. Eric further asked that Charlie check with the Feds on their position in regard to a foreign based bank. Charlie indicated that all the questions asked would be answered through a due diligence process and through a written opinion. At this time, John Slevin moved to approve Resolution No. 32, Series of 1988; Tom Steinberg seconded that motion. A vote was taken and the motion was passed unanimously 6-0. The next item of business was Ordinance No. 26, Series of 1988, first reading, an ordinance repealing and reenacting Section 5.20.100 B. of the Municipal Code of the .Town of Vail expanding the types of events which may obtain a special events exemption from the transient dealers license; and setting forth details in regard thereto. Mayor Rose read the title in full. Larry Eskwith clarified this amendment stating that the amendment to this would allow events such as Ride the Rockies or the Coors Classic to simplify the process of obtaining a transient vendor's license for vendors who wish to sell goads or services related to the event. Following discussion, Tom Steinberg moved to approve this ordinance. Gail Wahrlich-Lowenthal seconded that motion. A vote was taken and the motion passed unanimously 6-0. The next item of business was the reading of Resolution No. 31, Series of 1988, a resolution setting forth the rental rate for deck space located on property owned by the Town; and setting forth details in regard thereto. Larry Eskwith indicated that during February of 1988, the Town passed a motion setting a deck rental fee of $2.OQ per square foot per month used. He indicated staff would like to have the fee set forth in a written resolution that can be then mailed to licensees in helping the enforcement and collection of that rent. Following discussion, Gordan Pierce moved to approve this resolution. Eric Affeldt seconded that motion. A vote was taken and the motion passed unanimously 6-Q. At this point, Merv Lapin arrived. . Following the introduction of a revised agenda, the Mayor read the title in full of what should have been Item 5 on the revised agenda, which was Resolution No. 3b, Series of 1988, a resolution making certain findings of fact and reaching certain conclusions relating to the annexation of a portion of the area of West Vail generally known as the Ulbrich property; and setting forth details in regard thereto. Larry Eskwith gave a brief background on this resolution. In response to Larry Eskwith's questions, Jay Peterson, attorney for Mr. Olbrich, set forth the following: A. That at lease one-sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Vail, Colorado, the annexing municipality. The area proposed to be annexed was shown on the annexation plat. B. That a community of interest does exist between the territory proposed to be annexed and the annexing municipality. The territory proposed to be annexed is urban or will be urbanized in the near future. The territory proposed to be annexed is integrated with or is capable of being integrated with the Town of Vail. C. That in establishing the boundaries of the territory proposed to be annexed there was no division of any parcel of land therein held in identical ownership, whether consisting of one tract or parcel of real estate of two or more contiguous tracts or parcels of real estate, or that has been divided into separate parts or parcels without the written consent of the landowners thereof. -2- D. That the territory proposed to be annexed did not include any land held in identical ownership, whether consisting of one tract or parcel of real estate ar two or more contiguous tracts or parcels of real estate, comprising twenty (20) acres or more (which, together with the buildings and improvements situated thereon would have a valuation or assessment in excess of two hundred thousand dollars ($200,000 •for ad valorem for the year next preceding the annexation). E. That no annexation proceeding concerning any part of the territory proposed to be annexed had been commenced by any other municipality. F. That the annexation of said territory will not result in the detachment of any area from any school district. G. That no election was required far the annexation of said territory under Section 31-12-107 (2). H. That the County Commissioners of the County of Eagle, State of Colorado, by Resolution No. 88-29, waived preparation by the Tawn of Vail of an annexation impact report required by Section 31-12-108.5, C.R.S., as amended. Further, Larry Eskwith called Pam Brandmeyer, Town Clerk for the Tawn of Vail, who testified she had published the notice of the hearing and had proof of said publication, which then became Exhibit A. Larry introduced a plat of the area to be annexed which was designated as Exhibit B. Merv Lapin requested proceedings begin to include this newly annexed area into two other special districts, i.e., Upper Eagle Valley Water and Sanitation and Vail Metropolitan Recreation District. Jay Peterson stated Jim Collins, attorney for the Recreation District, was already working toward this goal. Gordon Pierce moved to approve the resolution; his motion was seconded by John Slevin. A vote was taken and the motion passed unanimously 7-0. Item six on the agenda was Ordinance No. 27, Series of 1988, first reading, an ordinance annexing a portion of an area generally known as the Ulbrich property; and setting forth details in regard thereto. Following a brief introduction by Larry Eskwith, a motion to approve on first reading was made by Gordan Pierce, with a second from Gail Wahrlich-Lowenthal. A vote was taken and the motion passed unanimously 7-0. The next item was the 1988-89 parking fee schedule and expansion of the Village Parking Structure Design Request for Proposals. Stan Berryman, Director of Public Works, indicated the Vail Transportation and Parking Task Force had presented a short and long term parking recommendation at the August 16 Council meeting. The Council had acted on several of the recommendations. He was now ready to propose a final fee schedule for the 1988-89 season. He also included comments regarding Vail Associates upgrading an the mountain and their intent to not pay far Town of Vail infrastructure improvements. He also indicated it had been three years since the last fee increase. Joe Macy, a representative from Vail Associates, reminded those in attendance that the land far each structure had been donated by Vail Associates, • a large contribution by VA, and that additionally, Vail Associates made a large voluntary contribution each year which amounted to 2% of their revenues. Therefore, UA is not interested in upgrading any parking facilities with the Town of Vail. Stan indicated this would be a $1.00 increase across the board far all designated time periods for parking and that additional revenues generated from this fee increase will be earmarked for potential use for a new parking facility. After discussion, Merv Lapin moved to approve the 1988-89 parking fee schedule. This motion was seconded by Tom Steinberg. A vote was taken with Tom Steinberg, Merv Lapin, Kent Rose and Gordon Pierce voting for the motion; Gail Wahrlich-Lowenthal, Eric Affeldt and John Slevin voting against. Therefore, the motion passed 4-3. In regard to the Village Parking Structure Design Request for Proposals, there is no cost to the Town at this time and there being no objections to this being mailed out, Stan Berryman was directed to solicit proposals for this design. Item No. 7 was the Tivoli Lodge expansion appeal. Peter Patten gave background information on this appeal and explained what the Planning Commission decision had been and what the basic project involves for the Tivoli renovation. He specifically cited factors from a Community Development Department memorandum dated August 8, 1988, directed to the Planning and Environmental Commission. Additionally, he specified items within the Vail Village Master Plan and an Action Plan and Policy statements that have been agreed to in the past. He cited letters that had been received from surrounding neighbors of the Tivoli and he spoke to the staff -3- recommendation on page 5 of this memorandum. The staff recommendation specified approval of the requested variances for the addition to the Tivoli Lodge. He indicated PEC approval for this project was garnered through a 7-0 vote far the expansion and renovation of the project. The next speaker was Jay Peterson, an attorney representing the applicant, Bob Lazier, and Gaylen Aasland, the architect .fnr this project. Mr. Peterson read letters from Dave Garton, owner of the Ramshorn Lodge, and Danny Corcoran, owner of Eagle Valley Surveying, indicating approval of said project. He offered verbal support from individuals who were unable to attend this meeting, that support coming from 8111 Hanlon, owner of the Emporium, Dave Gorsuch, owner of Gorsuch, Ltd.; Kaiser Morcus, former developer and owner of the Christiana, Garden of the Gods, Villa Cortina, and now current owner/developer of the Marriott Mark Resort; Jack Curtin representing Mrs. Hill and Gretta Parks. He provided various testimony as to the reasons the five variances were being requested and why a special development district had not been pursued. He a1 so cited references to the land use plan and the Vail Master Plan. Reid Lichtenfels was the next speaker and acted as attorney for the appellants in this particular appeal. In opposition to the project, he first called Harry Davidson, owner of a unit in the Valhalla Lodge. The second individual to speak against the project was Dave Schnegelburger, who is the registered manager far the All Seasons Condominium Association. Mr. Schnegelburger read a letter from Frank H. Wyman, President of this Association. The third individual called was Pepi Gramshammer; the fourth was Mary Parker, daughter of a Mr. Parker who owns unit 9 in the Valhalla. She indicated her father was totally against this because it indicated he could not rely on zoning within the Town of Vail. The next individual to speak was Rosalie Lier, who has been an owner in the Valhalla far 22 years. Mr. Lichtenfe7s next spoke about the Vail Village Master Pian, site 24, and the issues involving stepping down .and the clarifications that had been given. He indicated the Vail Village Master Plan, although used somewhat within the Town of Vail, had never been formally accepted or adapted by the Town Council, so that this plan should not be used in scrutinizing criteria for renovations in Town. He spoke about impacts of views an numerous condominium owners in the surrounding area and the concept that if you live in the Core, private views could be extinguished at any time and owners were luckless in this situation. He spoke to the question of five variances being requested and whether this was feasible. He spoke to parking and what the Council could permit. He spoke about analogous projects that had been drawn into the discussion, but felt that they were inaccurately being compared to this particular project. And he also indicated that letters and conversations with individuals who Jay Peterson had represented were for approval of this project were in fact in conflict with conversations he had had. In summary, ha indicated the Council needed to weigh independently the intent of the Vail Village Master Plan and what is best for this site and to weigh independently why so many variances and encroachments are being required in order to complete this project. The next speakers were Andy Norris, woo had worked with the Economic Development Commission. Andy indicated every land use decision was a compromise within the Town of Vail; that the driving force in Vail is Vail Mountain, but the number 2 driving force is the hotel industry and that this project needed to move forward. Peter Jamar spoke in favor of the proposal and indicated Council needed to take a broader view in approving this for community-wide goals and policies. At this point, there being no further presentation by either attorneys involved in the matter, Eric Affeldt requested a definition for the term "materially injurious". Larry Eskwith indicated that this could apply to economics. Merv Lapin asked whether a nonconforming building becoming more nonconforming was appropriate far Council approval. Following lengthy discussion, John S1evin made a motion to uphold the Planning and Environmental Commission decision and restating the findings of fact of the Planning Commission an page 5 of the August 8 memorandum specifically relating to the fact that no special privilege is being given in this particular matter and that this approval would not be detrimental to the health, safety or welfare or materially injurious to the surrounding neighbors. Included in the motion were the following findings: 1. The strict ar literal interpretation or enforcement of the specified regulation would not result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this Title. 2. There are exceptions or extraordinary circumstances ar conditions applicable to the same site of the variance, but da not apply generally to other properties in the same zone. 3. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. -4- Gordan Pierce seconded this motion. At this point, Gail Wahrlich-Lowenthal indicated the Council must seriously look at formally adopting the Vai] Village Master Pi an. Secondly, she stressed there is a strong need for family-awned lodges in the Village and in Lionshead and that this unique ownership adds to the ambiance and environment of our Village and is something we must strive to protect. A vote .was taken and the motion passed 5-2, with 5 members voting yes, except Eric Affeldt and Merv Lapin, who voted no. Under Citizen Participation, there was none. There being no further business, the meeting was adjourned at 11:3.5 p.m. Respectfully submitted, \_ ~ J 0"~~ Kent R. Rose, Mayor ATTEST: Pamela A. Brandmey~r, Town Clerk Minutes taken,hy Pam Brandmeyer -5_ S. a • MINUTES VAIL TOWN COUNCIL MEETING SEPTEMBER 2O, 1988 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, September 2O, 1988, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: MEMBERS ABSENT: TOWN OFFICIALS PRESENT: C~ Kent Rose, Mayor John Slevin, Mayor Pro Tem Eric Affeldt Michael Cacioppo Merv Lapin Gail Wahrlich-Lowenthal Tam Steinberg None Ran Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first order of business was a consent agenda consisting of the following: A. Ordinance No. 26, Series of 1988, second reading, regarding special events exemption from the transient dealer's license B. Ordinance No. 27, Series of 1988, second reading, an ordinance annexing a portion of an area generally known as the Ulbrich property Mayor Rase read the full titles of both ordinances. There was no discussion by the public or Council. Eric Affeldt made a motion to approve the consent agenda, and Gail Wahrlich-Lowenthal seconded. A vote was taken and the motion passed unanimously 7-0. The next item on the agenda was Ordinance No. 29, Series of 1988, emergency reading, to approve the World Alpine Ski Championships planning report and special review process far temporary improvements for the event. The full title was read by Mayor Rose. Kristan Pritz stated the Vail Valley Foundation was requesting two approvals in this ordinance - 1) the planning document, and 2) the special review process. She explained the requests and the reasoning for them; also, that staff would be working with the Foundation. Kristan commented when the two items were reviewed by the Planning and Environmental Commission, it was voted unanimously to approve both requests, same as the staff recommendation. Also, the Design Review Board agreed . wholeheartedly to relax the standards and that they be passed over in the process. Mike Cacioppo stated he had a problem with the ordinance being an emergency ordinance, but had not problems with anything else. Larry responded to Mike`s concern. Ron Phillips and Bob Krohn, of the Vail Valley Foundation, answered questions of Council. A vote to approve the ordinance on emergency reading was made by Gail Wahr1ich-Lowenthal and seconded by John Slevin. A vote was taken and the motion passed 6-1, with Mike Cacioppo opposing. The next item was Resolution No. 37, Series of 1988, congratulating Maya ~ialker, Miss Colorado, for becoming First Runner Up in the Miss America Pageant. Mayor Rose presented the resolution to Maya and commented how proud everyone was of her. Merv Lapin made a motion to approve the resolution, and John Slevin seconded. A vote was taken and the motion passed unanimously 7-0. The fourth item on the agenda was the Chester appeal of the Planning and Environmental Commission decision to uphold the staff interpretation that a residence may not be demolished and rebuilt to utilize an additional 250 square feet as described in Chapter 18.71 of the Municipal Code. Peter Patten stated this was an appeal of the Planning and Environmental Commission and staff decisions to deny the request. They felt it was not the intent of the ordinance to allow the demolishment and rebuilding of a residence to utilize and additional 250 square feet, and wished direction to clarify the language in the ordinance. Jay Peterson stated he was representing the applicant, E, B. Chester. Mr. Chester introduced ._ himself and expressed his feelings regarding the project. Jay gave background information and his interpretation of the ordinance; he also commented on the unfairness of the ordinance. Gordon Pierce, architect of the project, noted when construction got to fifty percent of the structure, they have to work to bring the building up to code. He then commented an potential problems - the house had been added on to several times and the foundation was not to be trusted for a new house. With a completely new structure, nothing would have to be grandfathered in, they could do it right the first time. Diana Donovan, a member of the Planning and Environmental Commission, felt the applicant's interpretation of the ordinance did not have any relationship to the discussion the Planning Commission had. She gave some definitions as she remembered. She felt the additional 250 square feet was meant to accommodate the needs of older properties. She commented since Mr. Chester was rebuilding, he had removed all restrictions and why couldn't he work within the confines of the required gross residential floor area (GRFA); he was asking for a gift of 250 square feet. After much discussion by Council, Peter Patten and Jay Peterson, Peggy Osterfoss, a member of the Planning and Environmental Commission, discussed her interpretation of the ordinance which was that far buildings at least five years old a bonus of 250 square feet was given to make improvements. She suggested Council should consider the language of the ordinance or all buildings would be adding 250 square feet. Diana added a few more reasons why she felt the request should be denied. Say Peterson commented why he felt the request should be granted. Mayor Rose remarked on some background issues the Council had problems with the request and he believed the original intent was very well written in the Community Development memorandum to the Planning Commission dated September 12, 1988. He felt Council should deny or approve the Chester request to overturn the Planning Commission decision, and then have Council consider whether or not to . change the ordinance. After much discussion by Council, Peter Patten and Jay Peterson, Council members commented an their interpretations of the ordinance. Mike Cacioppo made a motion to uphold the Planning and Environmental Commission decision and deny the request. Tom Steinberg seconded the motion. A vote was taken and the motion passed 5-2, with Gail Wahrlich-Lowenthal and John Slevin opposing. At this time, Mayor Rose opened discussion to change the ordinance to allow the additional 250 square feet. He felt it probably was unfair the way it is and in the best interest of the town to allow it; also, people should be allowed to tear down as much as needed to improve their building; and he suggested Council direct staff to proceed in that direction. He stated new buildings nn vacant lots should not have the extra 250 square feet, but at five years and alder, yes, they should be allowed. Eric Affeldt suggested Larry Eskwith and Jay Peterson get together to work on a solution. Peggy Osterfoss stated this was not an isolated case, and a change 15 needed in the ordinance; she also felt if the change occurred, the Chesters should benefit. E. B. Chester thought they had certain rights under the ordinance and could take it to a higher court. After same discussion, Council directed staff to work on changing the ordinance to allow an additional 250 square feet for a total remodel of the building, and for small additions and improvements to existing buildings. Gordon Pierce asked if staff would please notify him when the updated ordinance would be presented at a Work Session. • The fifth order of business was restriction for parking passes and coupons during the World Alpine Ski Championships. Ron Phillips, the Chairman of the Municipal Services Committee and a member of the World Championships Organizing Committee, stated the committees recommended the Town consider total restriction of coupon usage during the total 15 days, and blue passes be used only at the Lionshead structure. They were working on outlying parking in West Vail and a special shuttle bus system. After some discussion by Council, Jo Brown commented she was concerned over the stress that would be placed on the people who live and work here. Mayor Rose stated the coupons and blue passes would be allowed only in the Lionshead structure during the Championships, January 29-February 12, 1989. John Slevin made a motion to approve coupons and blue passes only be allowed in the Lionshead Parking Structure during the Championships, and Tom Steinberg seconded. A vote was taken and the motion passed unanimously 7-0. There was no Citizen Participation. Mayor Rose noted he had signed a proclamation concerning the World Wide Church of God in appreciation of their business. He stated that Sunday, September 25, is proclaimed as World Wide Church of God Day in Vail as recognition of this appreciation. -2- «~. Ella ~Cnox commented she heard the Town digs up their pansies, throws them away, and plants new ones every year. She stated that pansies were perennials and would bloom every year. Mayor Rose stated that Stan Berryman would look into it and if they are thrown out, Public Works would notify Ella, so she could take some for herself. Mayor Rose noted lastly that Jo Brawn was voted as Chairman of the Board of the Uail Board of Realtors last week. There being no further business, the meeting was adjourned at 9:55 p.m. Respectfully submitted, v J ozC~ Kent R. Rose, Mayor ATTEST: , ,,d. ~~~~ Pamela A. BreridmFyer, Town Clerk Minutes taken by Brenda Chesman L n U -3- i .. : -f MINUTES VAIL TOWN COUNCIL MEETING OCTOBER 4, 1988 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, October 4, 1988, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: MEMBERS ASSENT: TO~JN OFFICIALS PRESENT: Kent Rose, Mayor John Slevin, Mayor Pro Tem Eric Affeldt Michael Cacioppo Merv Lapin Tam Steinberg Gail Wahrlich-Lowenthal Ran Phillips, Town Manager Larry Eskwith, Town Attorney Mayor Rose stated there was an item further down the agenda to discuss changing the ordinance regarding changing the due date for sales tax. He commented if anyone was interested in speaking briefly an this item, to please do so then; the Council would . be changing the ordinance shortly. Colleen McCarthy, owner of the Baggage Claim, stated she had circulated a petition to change the sales tax due date, give the petition to Mayor Rose, and thanked Council for their fast action. Mike Cacioppo asked about penalties charged for late payments currently; Steve Barwick responded the funds would be returned. The next order of business was the approval of the minutes from the September 6 and 20, 1988 meetings. John Slevin questioned the second paragraph on the second page of the September 20 minutes, in that he thought Council had asked staff to work on the ordinance allowing the 250 square feet to total remodels and for small additions to existing residences; Mayor Rose agreed. Merv Lapin made a motion to approve the minutes with the included correction, and Tom Steinberg seconded. A vote was taken and the motion passed unanimously G-0. The third order of business was an information update on the proposed new Main Vail Post Office. Kristan Pritz gave brief background information on the proposal. Danny Swertfeger of Briner/Scott Architects explained how they arrived at the design and size of the building, and the challenge of the location. Kristan reviewed the zoning of the location. Staff felt the architects had done a goad job, but had some concerns which she reviewed. She stated when the project was presented to the Planning and Environmental Commission, staff's four main concerns were: 1) adequate . rockfall mitigation; 2) a retail facility in the Core area(s); 3) a bus stop adjacent to the facility; and 4) additional landscaping and berming. The Planning Commission's primary concerns were: 1) a retail facility in the Core area; 2) a bus stop adjacent to the facility; and 3) irrigation and additional landscaping. Dennis Grooms of the U.S. Postal Service responded to the concerns and stated their views on the bus stop, irrigation, the vinyl coated fence,-and retaining wall. Erie Affeldt questioned why there was no provision for a satellite office in the Core area(s); Ernie Chavez, Veil's Postmaster, responded their main concern now was to build the facility which would cost approximately $4 million and wait and assess the need for a satellite office once they were in the new building. Mike Cacioppo asked if the Town offered some space next to Rick's Streetside Diner in the Lionshead Parking Structure, would they be able to reduce the size of the building and spend mare money an a satellite location; Ernie said they would look at it, but could not promise anything at this time. Tom Steinberg commented not having the satellite office would encourage their competition. John Slevin asked how many people stop in for stamps, etc. Ernie stated about 15 percent, with five percent of that being tourists. Mayor Rase and Ernie Chavez discussed parking, the bus stop and snow storage. Rnn Phillips commented on contract stations with existing businesses. Dennis Grooms remarked the Postal Service was concerned as much as the Council was, and they would take action if they began losing customers. Lou Meskiman questioned a pedestrian access from Valli !fi and the Red Sandstone area and that the Postal Service would cause problems for temporary help. Dennis responded with the Postal Service's problems and concerns. Peter Jamar commented on his concerns. Peggy Osterfoss remarked she would like a satellite office this winter, not later. 8i11 Fleischer commented on why he was in favor of the new location, and that private enterprise would take up the slack. Diana Donovan was concerned over safety issues. Kristan pritz asked about moving the bike path a few feet for safety reasons, which Dennis agreed they would look into. Ella Knox asked about adding on to the current • facility, to which Ernie responded. It was noted that there was no official action to be taken by Council, just a summary of their ideas and concerns for informational purposes. Mayor Rose felt the Council would like to see 1) a bus stop, 2) a satellite office first and foremost, and he felt it was a good idea for the Town to work with the Postal Service on available space, and 3) pedestrian access. Ernie Chavez stated they would work with Kristan Pritz and the architects on the bus stop. The next topic discussed was the Barn h'ree Express Quad Chair Lift sign variance request. Rick Pylman explained that Vail Associates was building a new chair lift to replace Chair 8 and this request was very similar to that used for signage far the Vista Bahn. He cited the requested signage and noted staff's recommendation was for approval. He then reviewed the criteria used in evaluating the request. Joe Macy, ofi Vail Associates, stated he concurred with the staff recommendation; the signage fitted well and looked good; and he hoped the Council would approve the 16 inch letters, not the 14 inch suggested by the Design Review Board. After a short discussion, Mayor Rose made a motion to approve Vail Associate's request for the 16 inch letters, per the following findings of fact: A. There are special circumstances or conditions applying to the land, buildings, topography, vegetation, sign structures or other matters on adjacent lots ~ar within the adjacent right-af-way which would substantially restrict the effectiveness of the sign in question; provided, however, that such special circumstances or conditions are unique to the particular business ar enterprises to which the applicant desires to draw attention and do not apply generally to all businesses or enterprises. B. That special circumstances were not created by the applicant or anyone in privy to the applicant. C. That the granting of the variance will be in general harmony with the purpose of this title, will not be materially detrimental to the persons residing or working in the vicinity, to adjacent property, to the neighborhood, or to the public welfare in general. D. The variance applied for does not depart from the provisions of this title any mare than is required to identify the applicant's business or use. John Sievin seconded the motion. A vote was taken and the motion passed unanimously 6-4. The next order of business was the Raintree Inn sign variance request. Rick Pylman explained the Raintree Inn wanted to amend the existing signage on the hotel, that they were no longer affiliated with Best Western, and had removed the Best Western signage. He stated staff's recommendation was for approval because these changes had actually lowered the amount of the variance request approved in 1985, and the technical aspect of the variance had not changed. Rick then reviewed the findings and staff responses. He commented staff felt this application did not amend the height or size, but changed the design. The Design Review Board voted to deny the request based on two sections of the sign code. Rick then answered questions of Council. B. J. Gibson, owner of the Raintree inn, commented he wanted to make the sign more visible, and had had complaints that guests could not find the place. He then answered questions of Council. Larry Eskwith remarked if the Council wanted to deny the variance after they had granted one before in 1985, they would have to be based on paragraph C, that the granting of the variance would not be in general harmony with the area. If Council moved to approve the variance, they would have to find criteria in Section 16.360.70 of the Municipal Gode. After some discussion by Council, Eric Affe1dt made a motion to approve the sign variance per the criteria in Section 16.36Q.7D of the Vail Municipal Code. John Slevin seconded the motion. Mike Cacioppo explained he would have to abstain because of a conflict of interest. Ron Phillips explained why the sign code had not yet been revised for West Vail, and it had been budgeted far 1989 to review and revise the sign code. Diana Donovan remarked on her concerns, to which Mayor Rose responded. A vote was taken and the motion passed 3-2-1, with Merv Lapin and Tom Steinberg opposing, and . Mike Cacioppo abstaining. "2- ~~- -. ~• under Citizen Participation, Bill Fleischer of Vail Run Resort commented he had had several comments from guests that there were not enough park benches in the uptown area, and requested more outdoor seating outside of Rick's Streetside Diner and the Lionshead parking structure. He also requested that Vail Run be included in the bus system long range plans. They provide their own shuttle because they are on the bus system, but they are the last stop and the buses were usually full by the time they stopped there. Diana Donavan mentioned to check on the paving in front of Ski Club Vail and bus stop there; the drainage was bad and a large puddle was there consistently. Mayor Rose commented the culverts were also gone. Tam Steinberg asked that the culverts at the west end of the soccer fields be checked on, because they had been crushed down and filled up. Ron Phillips replied staff would check into these problems. At this time, Kristen Pritz asked Council if they would like to meet with the Planning and Environmental Commission to discuss the 250 square foot ordinance. Council decided it would be a good idea to schedule the meeting shortly after the budget meetings. Ron Phillips reported the Town Marketing Committee would be holding a public meeting next Tuesday evening at the Westin Hotel at 7:00 p.m. to show the public what they had developed for marketing funds. He also commented he and Mike Cacioppo had attended a reception by Greyhound where it was announced Greyhound would be providing extra service from Denver Stapleton to Vail and Beaver Creek, and they had reached a final agreement to be the bus carrier sponsor for the World Alpine Ski Championships. Merv Lapin mentioned Mike Cacioppo had an interest in the TV Translator Committee, and suggested Mike take his seat on the committee because of Mike's background and interest. Mike replied he would take over for Merv. Lastly, Lou Meskiman complimented the Town for putting a pedestrian walkway from the Covered Bridge to Ford Park. There being no further business, the meeting was adjourned at 9:35 p.m. Respectfully submitted, Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Brenda Chesman • -3- ~. MINUTES VAIL TOWN COUNCIL MEETING OCTOBER 18, 1988 7:30 P.M. L~ A regular meeting of the Vail Town Council was held on Tuesday, October 18, 1988, 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 MEMBERS ABSENT: Tom Steinberg TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first order of business was Ordinance No. 31, Series of 1988, first reading, setting the 1989 Town of Vail budget. Mayor Rase read the full title of the i ordinance and gave brief background information of the budget process. Steve Barwick reviewed the general budget figures and funds and explained each of what they were for and how the dollar figures were arrived at. He then explained what the expected revenues and expenditures would be and where they would come from. He ran through what was happening with all the funds, what was planned, and why. There was then discussion regarding cloud seeding. Mayor Rose stated the Council had requested more information on the subject, and therefore, Professor Lou Grant, Professor of Atmospheric Science at Colorado State University, who was also a consultant to the Colorado Legislature on the long term effects of cloud seeding, was asked to appear. Professor Grant read a summary statement of experiment results that cloud seeding represented negligible environmental hazards. He stated the most comprehensive studies done were conducted in the Rocky Mountain area. He explained how silver iodide is used and how small the quantities are that are used annually. He then answered questions of the public. Afterwards, Council gave their opinions of approval/denial on the item being included in the budget. A17 commented on their approval, with the exception of Mike Cacioppo opposing. Next, there was discussion concerning a Bravo! Colorado donation. Brad Quayle explained what Bravo! Colorado was, that it was farmed to take advantage of performing arts in the Vail Valley and was to be community funded. He also explained their goals. Harry Frampton expressed his pleasure with Bravof and why the Town should support it. Rab Levine, Chairman of the Vail Resort Association and Manager of the Antlers, echoed Harry`s sentiments and felt it was very worthwhile. Peter Barber of the Westin Hotel, commented it was good to see a cultural balance in the community. Cynthia Steitz questioned if the Town of Avon contributed, to which Brad responded not yet, but they hope so. Al Weiss stated he thought the concerts were not well attended, handicapped people were not able to get down there, and the problem with parking was the reason. Ann Sansbury, Secretary to the Board of Bravo! Colorado, responded that people just needed to be educated, and they were working on it. John Fisher commented he had problems with Bravo!, that they were not responsive to the market, and that out of eleven concerts set up, six were held at Beaver Creek. Bill Clayton gave reasons why he was for the funding of Bravo!, to which Rob Schilling agreed. Lou Meskiman asked that future concerts be set so attendees could reserve early or late restaurant sittings. Colleen McCarthy stated she supported Bravo! Mayor Rose read a letter from Lisa Rogers, who was not able to attend the meeting, in which she wrote she was not pleading for funds for Bravo!, but if the taxpayer should/should not support the arts in the Vail Valley, she thinks it should be looked at in a larger scope, and believed the Council could use a committee to look at the broader scope. At this time, Council gave their opinions on whether the $25,000 donation to Bravo! Colorado should be included in the budget. All commented on their approval, with the exception of Mike Cacioppo opposing. Property tax increase for street improvements was discussed next. Mayor Rose gave brief background information on the reasoning for this. Stan Berryman explained where the Tawn is in the street program and how they got to this point. He then gave a slide presentation of before and after streets. Steve Barwick explained some financial aspects of the project. Moni Beal asked questions of Steve, to which he responded. Ralph Davis asked what would happen if the project took ten years instead of five, to which Mayor Rose responded. Al Weiss commented the roads were bad, and that Stan was doing a good . job. Mike Cacioppo spoke out that the public needed to voice their concerns to give the Council direction, and reviewed the problems he had with the budget. Hermann Staufer thanked the Council for supporting Bravo! Colorado and cloud seeding, he had seen lots of improvements, but wanted to convince the Council not to raise the mill levy and gave his reasons why. Chris Neuswanger aired his grievances about the project. Susan Hertzog commented that savings could be made. R1 Weiss remarked why he felt the Town could pay for the improvements without raising the mill levy by using the money held in reserve. Merv Lapin responded why this could not be done. Neal ©onaldson felt money could be taken from the staff, not from the taxpayers. After some discussion by the Council and the public, Hermann 5taufer stated he felt the program could be spread out two to three years. Colleen McCarthy agreed with Hermann, commenting the largest percentage would be paid from businesses in the Core area, to which John Slevin responded the largest percentage would be paid by the hotels, lodges and high-rises, usually second homeowners. Rob Levine felt he would rather raise taxes than have any service decreases, that he had faith in the staff and Council that there is not any $500,000 fat in the budget, and felt there would be a cut in service if taxes were not raised. Rod Slifer mentioned that Town of Vail taxes were quite low of the total real estate tax everyone pays, and that this was the way to go because the streets need to be fixed. Cindy Jacobson aired her problems with the program and raising taxes, to which Mike Cacioppo responded. At .this time, Council gave their opinions on whether the property tax increase for street improvements should be included in the budget. Mayor Rose, Eric Affeldt, John Slevin and Gail Wahrlich-Lowenthal commented on their approval, with Mike Cacioppo and Merv Lapin opposing. Eric stated his displeasure over such sma17 public input in the budget process for the third year in a row, which is the mast important item the Council tackles. Council members each expressed their general comments regarding the budget. Eric Affeldt made a motion to approve Ordinance No. 31 on first reading, which John Slevin seconded. A vote was taken and the motion passed 4-2, with Merv Lapin and Mike Cacioppo opposing. The next item on the agenda was Ordinance No. 30, Series of 1988, first reading, amending agriculture/open space zone district to allow cemeteries as a conditional use. The full title was read by Mayor Rose. Rick Pylman gave background information on the topic, reviewed the criteria used in evaluating the use for the zone district, and explained staff felt all criteria were met. lie also commented the Planning and Environmental Commission reviewed the request and voted unanimously to approve it. Al Weiss stated his concerns of using open space for a cemetery, that it would be a violation of the real estate transfer tax fund ordinance, and that the Minturn cemetery had an additional five acres of land for this use, to which Mayor Rose responded. After some discussion by Council and the public, Judy Sibley aired her concerns and problems with p7 acing a cemetery near them. After . some discussion, Merv Lapin added Jerry Sibley to the Cemetery Committee. Rick Pylman noted that Gordon Pierce had been the appointed Council member on the committee and a replacement was needed. It was decided that John Slevin would be the replacement. Gindy Jacobson stated her problems with the ordinance, to which Ella Knox agreed. Eric Affeldt made a motion to approve the ordinance on first reading and John Slevin seconded. After a short discussion by Council, Eric added the deletion of Item G to his motion. A vote was then taken and the motion passed 5-1, with Mike Cacioppo opposing. Jahn asked Larry Eskwith to check into the real estate transfer tax question posed by Al Weiss. Peter Patten apologized for any mix-up with Jerry Sibley receiving notification of any cemetery meetings, and was looking forward to working with him and Jahn on the committee. The third item was Resolution No. 38, Series of 1988, allowing the Town to rent a safe deposit box at FirstBank of Vail. Merv Lapin made a motion to approve the resolution, and Mike Cacioppo seconded. After a brief discussion by Council, a vote was taken and the motion passed unanimously 6-0. There was no Citizen Participation. -2- ~- r There being no further business, the meeting was adjourned at 1:50 p.m. Respectfully submitted, ~ ~ ~ ~ ~~ Kent R'. Rose, Mayor ATTEST: I/. Pamela H..-.5~^~ndmeyer, Town Clerk Minutes taken by Brenda Chesman C7 • -3- MINUTES VAIL TORN COHNCIL MEETING NOVEMBER 1, 1988 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, November 1, 1988, 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 Pam Brandmeyer, Town Clerk The first item was ten year anniversary awards to Kurt Oakley and Jim Sanders. Ron Phillips gave brief background information on Jim, who is a Maintenance Supervisor for the Vaii Metropolitan Recreation District at the Vail Golf Course, and Kurt, who is a Fire Fighter far the Vail Fire Department. Pat Dodson and John Gulick said a few words of praise, and Mayor Rose thanked both Jim and Kurt for their hard work and years of service. The next order of business was the approval of the minutes from the October 4 and 18, 1988 meetings. Tom Steinberg made a motion to approve the minutes, and John Slevin seconded. Mike Cacioppo Hated an error on the October 4 minutes in which Gordon Pierces name was still shown as a Council member. A vote was taken and the motion approving the minutes with the correction of the noted error passed unanimously 7-0. The third order of business was Ordinance No. 31, Series of 1988, second reading, setting the 1989 Town of Vail budget. Mayor Rose read the full title of the ordinance. Steve Barwick commented he had nothing to add from the first reading and would like to open general discussion and answer any questions the public or Council had. Tom Steinberg requested the vote be deferred until after the November 8 elections in case Amendment 5 passed, because if it did, major changes would have to be made to the budget. After same discussion by Council, Mayor Rose stated some changes had been made to the original street improvement proposal. Stan Berryman explained the alternate plan and what the changes would be and da. Mayor Rose . commented why he was against stretching the time period out, to which Tom Steinberg agreed. Ralph Davis asked Stan questions regarding his street and the increased cost, to which Stan responded. Hermann Staufer stated he did not want taxes raised and explained why. Lou Meskiman aired his concerns about the tax increase; Moni Beal agreed. Colleen McCarthy brought up who would pay the majority of the property tax increase, and thought it would be the businesses in the Core. Steve Barwick explained that because of legislation which was passed last spring, Colleen was correct, the increase would be greater in the commercial area than in residential areas. Colleen then explained a cause and effect scenario. Rob Levine explained why he was for the tax increase; nobody wanted to do it, but should be willing to do what it takes. Cindy Jacobson commented why she was against the increase. Pepi Gramshammer agreed with Hermann Staufer. Johannes Faessler stated utilities were a very basic responsibility of town government and cnuld not understand why there was a need to increase taxes to pay for utilities; he then urged Council not to increase taxes for this use. Mike Cacioppo stated he was convinced the Town should fix the roads, but not to raise taxes to do it. All Council members commented on their feelings regarding to increase the property taxes or not. Merv Lapin commented on areas where he felt cuts could be made. Mayor Rose responded to some of Merv's concerns. Gail Wahrlich-Lowenthal thought they would not be able to find $542,000 to cut, but would not mind stretching out the street improvement project. John Slevin did not agree with Merv's ideas an cuts; he would rather go with the stretched out version of paving. Hermann Staufer requested Council pass the budget • without the mill levy increase; that everyone was expecting a good season and the y extra revenue could go to street improvements. Brad Quayle commented everyone needs to be forward thinking and they needed to do what they could. Eric Affeldt aired his feelings concerning the budget and why he was against stretching the paving out. Merv suggested reducing the RAM budget by $10,000, that salaries were projected at an increase of $210,000 and Ron Phillips should decide where the cuts should be. John commented that rent increases were up 3O% and it was not feasible to cut salary increases. Mike suggested salaried employees who make over $25,000 should not receive an increase. Gail stated she would rather look at the $250,000 for the parking structure addition. There was then discussion by Council and the public on the pros and cons of changing the ordinance so the Town could use the money saved for the parking structure addition. Mike Cacioppo then made a motion to cut the Art Coordinator position worth $10,000, which Merv Lapin seconded. R vote was taken and the motion passed 4-3, with John Slevin, Tom Steinberg and Eric Affeldt opposing. Mike Cacioppo made a motion to cut $75,000 out of the $175,000 marketing fund. Eric stated he was apposed to the reduction and explained why. Mike Cacioppo then made a motion to cut Council expense accounts, which Eric Affeldt seconded. A vote was taken and the motion passed unanimously 7-0. At this time Tom Steinberg made a motion to not cut the marketing fund. The motion was not seconded. A vote was taken and the motion passed 5-2, with Merv Lapin and Mike Cacioppo opposing. Hermann Staufer commented he thought the Council would have to work this out at the next Work Session, and he hoped they would approve the budget and extend the street improvement program. E11a Knox felt a moratorium on spending for one year would be a good idea. Jo Brown stated that she looked at the street improvement program by way that if you did not have the cash today, it would always cost more. Merv Lapin made a motion the ordinance be approved without the property tax increase and that the budget would be worked on at the next Work Session with Ron Phillips and staff suggestions. Mike Cacioppo seconded the motion. After some Council discussion, Merv and Mike withdrew their motion. Merv Lapin then made a motion to table the ordinance until the next Evening Meeting in two weeks, which Tom Steinberg seconded. A vote was taken and the motion passed unanimously 7-0. The next topic discussed was Ordinance No. 30, Series of 1988, second reading, amending agriculture/open space zone district to allow cemeteries as a conditional use. The full title was read by Mayor Rose. Rick Pylman gave background information on the topic, explained what changes were made from first reading, then explained what the ordinance would and would not do. Judy Sibley asked Peter Patten if legal research had been done concerning real estate transfer tax to use on open space. Peter responded that Larry Eskwith would be addressing that issue only when a specific property had been chosen. Eric Affeldt made a motion to approve the ordinance, which was seconded by Tom Steinberg. A vote was taken and the motion passed b-1, with Mike Cacioppo apposing. The fifth order of business was Ordinance No. 32, Series of 1988, first reading, amending the arterial business zone district to allow micro-breweries as a conditional use. Mayor Rose read the full title of the ordinance. Kristan Pritz gave background information on the request and plans. She gave information and a slide presentation on other micro-breweries in the state, particularly the Boulder Brewery and the Denver Brewpub. She then reviewed the staff's evaluation of environmental impacts and explained why staff recommended approval of the request. She also noted the Planning and Environmental Commission voted approval of the request. Kristan stated the purpose section would be reworded so that it stated it must be tourist oriented. Andy Norris, the applicant, clarified a few items and answered questions from the public and Council. A motion to approve the ordinance was made by Eric Affeldt and seconded by Merv Lapin. Ella Knox remarked she was against a brewery in town, to which Mike Cacioppo responded. A vote was taken and the motion passed 6-0, with Mayor Rose abstaining due to his involvement in the project. The next item on the agenda was Ordinance No. 33, Series of 1988, first reading, amending the sales tax ordinance to reflect sales tax policies. The full title of the ordinance was read by Mayor Rose. Danielle Hild reviewed the changes to the sales tax chapter for Council. There was some discussion by Council to make paragraph 3 consistent with the State policies. After some discussion regarding penalties by Council, Merv Lapin made a motion to approve the ordinance with the changes to paragraph 3. Gail Wahrlich-Lowenthal seconded the motion. A vote was taken and the motion passed unanimously 7~0. The seventh item was Ordinance No. 34, Series of 1988, first reading, regarding a • proposed investment policy. Mayor Rose read the full title. Steve Thompson briefly explained the policy and answered questions of Council. Tom Steinberg requested a w2- v a wording change in Section VI from "ane banking day" to "one business day". A motion was then made by Eric Affeldt to approve the ordinance with the amendment to Section VI, which Merv Lapin seconded. A vote was taken and the motion passed unanimously 7-0. The next order of business was Resolution No. 39, Series of 1988, approving opening a Super NOW Account with Central Bank of Denver. There was no discussion by Council or the public. Merv Lapin made a motion to approve the resolution, which was seconded by Tom Steinberg. A vote was taken and the motion passed unanimously 7-O. The ninth agenda item was Resolution No. 40, Series of 1988, opposing Amendment 6. There was no discussion by Council or the public. A motion to approve the resolution was made by Merv Lapin and seconded by Gail Wahrlich-Lowenthal. R vote was taken and the motion passed unanimously 7-0. Merv commented that it did not take into consideration special situations, to which Mike and Tom agreed. Item ten was Resolution No. ~1, Series of 1988, supporting Minturn's continued funding from the Department of Highways for improvements to Highway 2~. Darell Wegert, Mayor of Minturn, noted construction was included in the Highway Department's five year plan and was now up to no. 2, but they would like it at no. 1, and explained why. Merv Lapin then made a motion to approve the resolution, which Eric Affeldt seconded. R vote was taken and the motion passed unanimously 7-O. The next item was an appointment to the Local liquor Licensing Authority Board. The two applicants were Kevin Cassidy and Ann Mardis. A vote was taken and Kevin Cassidy was appointed to the Board. During Citizen Participation, Lew Meskimen thanked the Council for devoting so much time to the budget. Merv Lapin asked that staff research the point of sale issue. Colleen McCarthy objected to mail order businesses paying Town of Vail sales tax. At this time, Ron Phillips asked Council if they wanted to start their Work Session early next week due to the number of items on the agenda. It was decided to begin the meeting at 1:00 p.m. at the Golf Course Clubhouse. There being no further business, the meeting was adjourned at 11:30 p.m. Respectfully submitted, e,_ ~ ~ ~ ~ Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Glerk Minutes taken by Brenda Chesman -3- ." ~ MINUTES VAIL TOWN NOVEMBER 7:30 P.M. COUNCIL MEETING t5, X988 A regular meeting of the Vail Town Council was held on Tuesday, November 15, 1988, 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 ten year anniversary award to Charles Overend. Ron Phillips gave brief background information on Charles, who is a Heavy Equipment Operator I. Pete Burnett stated it had been an honor and a pleasure to work with Charles; Stan Berryman commented Charles was an example of the creativity and diversity of his staff and he appreciated Charles's hard work. Mayor Rose thanked Charles and remarked the Council appreciated him and the rest of the staff, too. The second item was Ordinance No. 31, Series of 1988, second reading, setting the 1989 Town of Vail budget. Mayor Rase read the fu71 title of the ordinance. Steve Barwick stated the ordinance had changed since first reading based upon the Council discussions of last week; he, Stan Berryman and Ron Phillips then answered questions of Council. John Slevin made a motion to approve the ordinance without a tax increase and using the discussed Scenario B to pave roads over the next six years. Tom Steinberg seconded the motion. Rick Peterson presented photographs and a review of the street improvements in his area. The photos showed the planning through the finished product of street improvements, and he commented they were inadequate and were not getting their money's worth. John Slevin suggested Dick present the photographs to Stan Berryman and discuss the problem with him. Dick responded he presented them to the Council because the Council was responsible. Mayor Rose remarked it was good information, and they would pass the photographs around and give them to Stan. Mike Cacioppo aired his feelings against the budget. Tom Steinberg responded to Mike's concerns. Brad Quayle also responded. Andy Norris remarked on why he was backing Council`s decision to pass the budget and encouraged • Council to continue to make "gutsy" decisions. He stated he applauded their trying to be thrifty, but they needed to look at the big picture. Hermann Staufer felt Andy represented his ideas and that the Town was heading in the right direction. Curtis Landry asked questions regarding marketing, to which Gail Wahrlich-Lowenthal and Mike Cacioppo responded. Rob Levine stated he wanted to echo the sentiments of Brad, Andy and Hermann to Council. Susan Fritz commented on why she was supporting the Council to pass the budget and asked why would they be afraid of growth. Ella Knox questioned the outstanding debt balance, to which Mayor Rose, Eric Affeldt and Rob Levine responded. A vote was taken and the motion passed 6-1, with Mike Cacioppo apposing. The next item on the agenda was a consent agenda of the fallowing: A. Ordinance No. 32, Series of 1988, second reading, amending the Arterial Business Zone District to allow micro-breweries as a conditional use. B. Ordinance No. 33, Series of 1988, second reading, amending the sales tax ordinance to reflect sales tax policies. C. Ordinance No. 34, Series of 1988, second reading, regarding the proposed Investment Policy. D. Resolution No. 42, Series of 1988, supporting local telephone calling areas. .~-'~ E. Resolution No. 43, Series of 1988, approving the Eagle County Television Translator N~ission Statement. Mayor Rose read the full titles of each ordinance and resolution. Merv Lapin asked a few questions regarding Resolution No. 43, to which Mike Cacioppo and Eric Affeldt responded. After some Council discussion, it was decided to remove "and tax base" from Resolution No. 43. Kristan Pritz stated she needed to make one change on Ordinance No. 32, removing "Vail Ventures, Ltd. and" from the first line. She commented Cascade Village would not be participating in this venture and needed to be removed from the ordinance. Merv Lapin then made a motion to approve the consent agenda with the noted changes in Ordinance No. 32 and Resolution No. 43. Gail Wahrlich-Lowenthal seconded the motion. A vote was taken and the motion passed unanimously 7-0. There was na Citizen Participation. There being no further business, the meeting was adjourned at 9:20 p.m. Respectfully submitted, Kent R. Rose, Mayor w ATTEST: 1~. x.1~Y~GvI[.CL/LG~J Pamela A. Brandmeyer, To~ln Clerk Minutes taken by Brenda Chesman -2W MINDTES VAIL TOWN CODNCIL MEETING DECEMBER 6, 1988 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, December 6, 3988, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: MEMBERS ABSENT: TOWN OFFICIALS PRESENT: Kent Rose, Mayor Eric Affeldt Michael Cacioppo Merv Lapin Gail Wahrlieh-Lowenthal Tom Steinberg John Slevin, Mayor Pro Tem Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first item was a ten year anniversary award to Sally Lorton. Ron Phillips gave brief background information an Sally, who is an Accounting Technician and Computer Operator for the Finance Qepartment. Charlie Wick said a few words of praise, and Mayor Rose thanked her for her hard work and years of service. At this time, Mayor Rose announced that Larry Burdick had died. Larry was the original developer and builder of the Red Lion and had served on the Town Council at one time, Mayor Rose asked for a moment of silence in Larry's memory. Afterwards, Ron Phillips announced that Lesley Davies had lifted off in a hat air balloon at Ford Park that morning and was the first woman to fly over the Continental Divide alone. She landed outside Buena Vista and was fine. Eric Affeldt asked that a resolution be prepared for a future Council evening meeting for this event. The next order of business was the approval of the minutes from the November 1 and 15, 1988 meetings. Eric Affeldt had.a question concerning the November 1 minutes, but na correction was made. Tom Steinberg made a motion to approve both sets of the minutes, and Eric Affeldt seconded. A vote was taken and the motion passed unanimously 6-0. The third order of business was Ordinance No. 38, Series of 1988, first reading, regarding business license fees far marketing. Mayor Rose read the full title of the ordinance. Jim Gibson explained the areas had been refined and fine tuned since • the last meeting; he then gave more background information and the reasoning for the changes, and answered questions of Council. Larry Eskwith made a correction under 2)a)i), page 4, by adding "located indoors", and he then answered questions from Council. After some discussion, it was decided to change 5.04.140 Termination, line 3, to read "report tv the Tawn Council members on the Marketing Board". Trevor Bradway explained why he was opposed to the ordinance. Gail Wahrlich-Lowenthal asked Jim Gibson questions regarding duplicity of business space, to which Jim responded. After much discussion by Council and the public, Paul Johnston congratulated the Council on moving forward aggressively. Jim Slevin aired his feeling in favor of the ordinance. Bill Post commented why he was against the license fee. Bill Hanlon supported the fee and explained why. Rob Levine responded to Bill Post's and Trevor Bradway's comments and why this was good for the community. Neal Donaldson commented on the problems he had with the ordinance. Hermann Staufer echoed what Jim Slevin had said and why he was for the fee. Susan Fritz remarked she was in favor of the fee. Pepi Langegger stated there was no perfect solution, that this was as fair as it could get, and encouraged Council to move forward or all will lose out. Mayor Rose stated he agreed a little with everyone, thanked the Marketing Committee for their hard work. He felt there was some work to still be done, but this was as good an ordinance as could be for right now. Kent Meyers, a new resident in town, encouraged Council to approve the ordinance. Ella Knox commented she felt the money should be for free enterprise and - not for the government. Brad Quayle was in favor of the fee and marketing, that he believed in the Vail valley and community, and urged Council to vote for it. Kevin Payne remarked Vail needed to remember it was the focus for the valley. Mike Cacioppo commented why he was against the fee, but would vote for it. After much ~ , ..~ more discussion by the public and Council, Gail Wahrlich-Lowenthal made a motion to approve the ordinance with the changes Larry Eskwith had noted earlier. Tom Steinberg seconded the motion. Merv Lapin asked that the Marketing Committee and/or staff check on the duplicity of space and seating capacity vs. number of chairs before second reading. A vote was then taken and the motion passed unanimously . 6-0. The next topic discussed was Ordinance No. 28, Series of 1988, first reading, adding certain sections back into the ski base/recreation district which were inadvertently omitted earlier this year. The full title was read by Mayor Rose. Peter Patten noted that Paragraph "C" should be changed to "D" and on page 2, "park" should be changed to "public park". Merv Lapin commented there was no real reason to discuss this ordinance since it was a housekeeping ordinance only. There was no further discussion by Council or the public. Merv Lapin then made a motion to approve the ordinance, and Tom Steinberg seconded. A vote was taken and the motion passed unanimously 6-0. The fifth order of business was Ordinance No. 35, Series of 1988, first reading, a supplemental appropriation for the 1988 Fiscal year. Mayor Rose read the full title of the ordinance. Steve Barwick remarked this ordinance would formalize the budgeting of the particular items in it. ire stated they have always been budgeted for, but not separately, but the auditors are requiring it, and it has been done for 1989. There was no other discussion by Council or the public. A motion to approve the ordinance was made by Merv Lapin and seconded by Tom Steinberg. A vote was taken and the motion passed unanimously 6-0. The next item on the agenda was Ordinance No. 36, Series of 1988, first reading, amending Chapter 18.71 of the zoning code relating to additional 250 square feet of GRFA. The full title of the ordinance was read by Mayor Rose. Peter Patten stated the main points had been discussed with Council and the Planning and Envirnnmenta7 Commission over the last few months. He explained how the changes had came about, reviewed the changes incorporated into the ordinance, and commented what they would do. He then answered questions of Council. After discussion by Council, Mike Cacioppn made a motion to approve the ordinance, which was seconded by Gail Wahr1ich-Lowenthal. Tom Steinberg asked that a provision be included where the applicant would have to build within one year, and also clarification of Section C on page 2. A vote was taken and the motion passed 4-2, with Tom Steinberg and Merv Lapin opposing. The seventh item was Resolution No. 44, Series of 1988, amending the Ford Park Master Plan. iCristan Pritz reviewed the additions/changes to the Master Plan and gave background information of public meetings on how the amendments came about. Mike Cacioppo commented on his concerns with the amendments. Mayor Rose and Merv Lapin responded to Mike on why the resolution should be passed and just what it would do. After much discussion by Council, a motion to approve the resolution was made by Eric Affeldt. The motion was seconded by Merv Lapin. A vote was taken and the motion passed 5-1, with Mike Cacioppo opposing. Merv Lapin stated it would be . appropriate to hold an Executive Session after the meeting to discuss this issue. The next order of business was a Safeway sign variance request. Betsy Rosolack gave background information on the request and explained the request was to put "Marketplace" under "Safeway" and the other Safeway logo would be removed. She then reviewed the findings and staff's responses, and explained why staff recommended approval. There was no discussion by Council or the public. Merv Lapin made a motion to approve the request according to the findings of staff's memorandum to Council dated December 6, 1988. Mike Cacioppo seconded the motion. A vote was taken and the motion passed unanimously 6-0. There was no Citizen Participation. There being no further business, the meeting was adjourned at 10:15 p.m. Respectfully submitted, ~ ~ v ~ Kent R. Rose, Ma~7o -2- ~-'' .. ATTEST: ~_.--- C ~. ~ Pamela A. Brandmeyer, own Clerk ~M~nutes taken by Brenda Cbesman • -3- ~~ 5. .~ MINUTES VAIL TOWN COUNCIL MEETING DECEMBER 20, 1.988 7:30 P.M. Ci A regular meeting of the Vail Town Council was held on Tuesday, December 20, 1988, 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 the presentation of a ten year anniversary award to Mark Benson. Mark Benson was present to accept this belt buckle, and short introductory speeches were given by Ron Phillips and Dick Duran. The second item of business was honoring Lesley Davies for her solo fly a hat air balloon over and spoke a few words and later John Slevin moved for approval. was approved unanimously 7-0. Resolution No. 45, Series of 1988, a resolution outstanding achievement of being the first woman to the Continental Divide. Lesley Davies was present in the meeting a vote was taken on this resolution. Merv Lapin seconded the motion, and the resolution The third item of business was Ordinance No. 38, Series of 1988, second reading, regarding business license fees for marketing. Mayor Rose read the full title of the ordinance. Those speaking far passage of Ordinance No. 38 included Rob Levine, Debbie Marquez, Hermann 5taufer, Pepi Gramshammer, and Dan Mulrooney. Those speaking against approval of this ordinance were Charlie Crowley and Michael Cacioppo representing Bill Boyd and Diana Donavan through letters that had been submitted to him. Following discussion, Gail Wahrlich--Lowenthal moved for approval of this ordinance, and this was seconded by Tom Steinberg. A vote was taken and the ordinance passed unanimously 7-0. On the Consent Agenda, the following ordinances were read by title in full by Mayor • Rose: A. Ordinance No. 28, Series of 1988, second reading, adding certain sections back into the ski base/recreation district which were inadvertently omitted earlier this year. B. Ordinance No. 35, Series of 1988, second reading, a supplemental appropriation for 1988 fiscal year. C. Ordinance no. 36, Series of 1988, second reading, amending Chapter 18.71 of the zoning code relating to additional 250 square feet of GRFA. At this point in the meeting, Merv Lapin requested Ordinance No. 36 be removed from the Consent Agenda. Merv Lapin then made a motion to approve both Ordinance Nos. 28 and 35. This oration was seconded by Tom Steinberg. A vote was taken and the result was unanimously 7-O. In regard to Ordinance No. 36, Merv Lapin expressed his concern about the inequity of allowing such a change to the zoning ordinance, and some discussion followed. Eric Affeldt moved to approve this ordinance; John Slevin seconded this motion. A vote was taken and the ordinance was approved 5-2, with Merv Lapin and Tam Steinberg opposing. The fifth item on the agenda was Ordinance No. 40, Series of 1988, first reading, repealing and reenacting Chapter 18.46, Special Development District No. 4, Cascade i Village. The full title was read by Mayor Rose. At this paint in the meeting, Peter Patten referenced a memo from the Community Development Department to the Town Council dated December 20, X988 in regard to an executive summary of Special Development District No. 4. Ne included the following information: Special Development District 4 is made up of four development areas. The areas include Area .A - Cascade Village, Area 8 w Cold Stream Condominiums, Area C - Glen Lyan Duplex Lots, and Area D - Glen Lyon Commercial Site. Vail Ventures, Ltd. is requesting to amend Area A. Glen Lyon Office Building, Inc. is requesting to amend Area D. The other areas within the SDD are not affected by the amendments. He further included a synopsis of the major elements of the amendments requested. They are as follows: 1. Alternative Development Scenarios Variations in number of units, GRFA, type of unit, and amount of commercial are requested for four undeveloped sites within Area A. The variations result in two development plans for four sites. The exteriors of the buildings remain the same under all alternatives except one. Two scenarios are requested for Area D. Either residential/office or office will be constructed in the eastern building on the Glen Lyon site. 2. GRFA/Units Both areas are within the allowable GRFA and number of units for the existing SDD except that Area A exceeds the allowable GRFA by 1,24 square feet for one scenario. Staff supports the scenario as the additional GRFA is for lodge rooms on the Millrace iV parcel. 3. Parking All required parking is provided. The two parking structures in Area A are treated as one structure for the purpose of calculating the mixed use parking credit. 4. Commercial Commercial has increased from 37,000 to a maximum of 56,538 square feet for Area A. Amicro-brewery and more office are added to Area D. 5. Employee Housing The existing SDD does not provide for any on-site employee housing. The amendment calls for a minimum of ten employee units to be located in Area A and/or Area D. The units are restricted for 15 years and allowed to be sold as long as it is to a local. 6. Transient Residential Dwelling Unit A new type of unit is requested for Area A. A TR is basically an accommodation unit that is allowed to have a small kitchenette. The unit will function as a lodge unit. 7. Special Attraction A special attraction is defined as a museum, seminar, or research center, . or performing arts theater, or other similar cultural center. This use is a conditional use for Area A. 8. Fireplaces In Area A, 96 wood burning fireplaces are requested which is equivalent to the number of dwelling units approved yet unbuilt. The request allows for wood burning fireplaces to be located in lodge rooms, transient residential units as well as in dwelling units. Staff only supports locating wood burning fireplaces in constructed dwelling units. 9. Micro-brewery A micro-brewery is proposed far the Glen Lyon site. It would be located on the west end of the existing office building. At this point in the discussion, Kristen Pritz took over the presentation and began with the request to amend Special Development District No. 4, Area A, known as the Cascade Village. Under staff recommendations, the staff recommended approval of the following amendments proposed for SDD 4 with the following conditions: 1. Wood burning fireplaces shall only be allowed for dwelling units. The number of wood burning fireplaces allocated to dwelling units shall not exceed the number approved under the existing Special Development District 4. _Z_ 2. The existing first floor retail space in the Plaza Conference building shall not be converted to a real estate office. 3. The restricted dwelling unit or transient residential dwelling unit shall meet all of the requirements outlined in the definition of Section 2B. 4. The Millrace IV development plan shall be approved for the 32 accommodation units having a total GRFA of 14,000 square feet. The Millrace IV development plan for eight dwelling units having a GRFA of 14,000 square feet shall not be approved. The original plan for eight dwelling units with a GRFA of 11,200 square feet is approved. The developer is required to submit a development plan to PEC before proceeding to DRB. 5. The fractional fee use shall be approved as a conditional use for the dwelling units within Westhaven Building with the condition that the minimum ownership interval shall be five weeks. 6. Ten employee housing units as defined in Section 2L shall be provided by the developer. 7. First floor Commercial Core I zoning shall be applied to all first floor spaces of buildings having commercial uses within development Area A. The first floor or street level shall be defined as that floor of the building that is located at grade or street level. 8. The total allowed GRFA for the project shall be 292,245 square feet only if the Millrace IV thirty-two accommodation plan is utilized. If the Millrace IV eight dwelling unit plan is used, the GRFA shall be 11,270 square feet for the 8 dwelling units. The total allowable GRFA for the project if the Millrace IV eight dwelling unit plan is used shall be 289,445 square feet. 9. The ownership entity for the development Area A shall enter into an agreement outlining the conditions that relate to the restricted dwelling units or transient residential units and restricted employee housing units. 10. All water features within Development Area A shall have overflow storm drains per the recommendation in the environmental impact report. 11. The developer shall be responsible for providing a breakaway bollard for the emergency access road between Eagle Pointe and Westhaven Drive. This improvement shall be constructed when a building permit is requested for the cornerstone Millrace III or IV Westhaven or Waterford buildings. The bollard shall be included in the permit plans. 12. The developer shall construct a sidewalk that begins at the entrance to the Cascade Club along Westhaven drive and extends to the west in front of the Westhaven Building to connect with the recreational path to Donovan Park. The walk shall be constructed when a building permit is requested for Westhaven. The sidewalk shall be part of the building permit plans. 13. The developer shall provide 100 year floodplain information for the area adjacent to the Waterford Building and Cornerstone Building before building permits are released. 14. All required parking far the Cornerstone, Waterford, and Millrace IV (32 A.U.) buildings shall be provided within one of the parking structures. A temporary certificate of occupancy shall not be released for any of these projects until the structured parking is available. Kristan painted out that the PEC recommended approval of the amendments plus conditions except that they approved the first floor office space in the Plaza Conference Building. Additionally, Kristan passed along strong recommendations to the Design Review Board. 1. Substantial landscaping should be required for the Waterford Building, particularly on the north and creekside elevations. 2. Substantial landscaping should be required in the Cornerstone Plaza to soften the paved plaza areas as much as possible. -3- .e . 3. The mass and bulk of the bridge connection between the two buildings that comprise Cornerstone should be decreased as much as possible to open up the view of the mountain from the transit mall. 4. The floor plans for the Waterford Building should indicate clearly ~enc1osed trash and loading areas. Kristan then proceeded to the next section of the presentation which was a request to amend the SDD approved plan for the Glen Lyon Office property in Special Development District 4 Area D. Kristan indicated the staff recommended approval of the micro-brewery request. The micro-brewery meets the square footage limits described in the definition and the brewhouse area is per year. The brewery area production capacity is limited to 7,500 barrels. The environmental impact report had indicated there are no significant environmental impacts due to the project. In addition, the use meets all the conditional use criteria. Therefore, staff recommended approval of the request with the following conditions: The owner shall agree in writing to the following conditions which shall be recorded by the Town of Vaii Clerk at the Eagle County Clerk and Recorder`s Office within thirty days after Town Council's final approval of the SDD ordinance. The time period may be extended if approved by Town of Vail staff. 1. The owner shall provide a manhole under brewery service lines so that the Upper Eagle Valley Consolidated Sanitation District may monitor BOD strength. 2. The brewery management shall not operate the brewing process during ! temperature inversions. It shall be the brew master's responsibility to monitor inversions. 3. The trash compactor and trash storage area shall be completely enclosed. The management of the brewery shall not allow any trash to be stored in an unenclosed area. 4. The owner of the property and brewery management shall agree in writing that semi-truck traffic to the Glen Lyon Office site shall be prohibited. The only truck loading that shall be allowed to the site for the brewery or any other uses on the site will be vans having a maximum size of 22 feet. 5. The owner of the Glen Lyon Office property shall not file any remonstrants or protest against the formation of a local improvement district or other financing mechanism which may be established for the purpose of building road improvements to the South Frontage Road. 6. The owner shall utilize protective measures during construction to prevent soil erosion into Gore Creek. Continuing with the request for Area D, the second part of the request was to amend . Special Development District 4 Area D, to allow a micro brewery, office expansion, parking structure, and residential units. Kristan indicated the staff again recommended approval of the proposed amendments to Area D. The project meets all of the design criteria for amendments to special development districts. The project will be of significant benefit to the community due to the unique mix of uses and high quality design. Our approval is contingent upon the following conditions being met by the applicant: The owner shall agree in writing to the following conditions which shall be recorded by the Town of Vail Clerk at the Eagle County Clerk and Recorder's Office within thirty days after the Town Council's final approval of the SDD ordinance. The time period may be extended if approved by Town staff. 1. The owner shall agree to construct the bus shelter per Town of Vail standards. The bus shelter will be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for either the brewery addition, office expansion, east office building, or parking structure. 2. The owner shall relocate the bike path and provide a bike path easement across the Glen Lyan property and CDOH property. The bike path shall be constructed . per Town of Uail standards. The bike path shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate -4- • ,.. ~ of occupancy for either the brewery addition, office expansion, east office building, or parking structure. Such temporary certificate of occupancy shall be COndit~ona] upon Construction of the bike path provided for herein. 3. The owner shall provide in the employee housing agreement for the two employee housing units in the east office building. This agreement shall be provided to the Town of Vail before a temporary certificate of occupancy is released far the two employee housing units or the free market dwelling unit. The agreement shall include the same provisions as outlined in the employee housing agreement for Area A. 4. The parking and access to the property shall be managed per the TDA parking report, pages 6~7, August 10, 1988 by the owner of the property. 5. The owner shall underground the electrical utilities along the north side of the Glen Lyon property from the northwest corner of the property to the northeast corner of the property. This utility work shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the brewery addition, office expansion, east office building, or parking structure. The undergrounding of the utilities is contingent upon Moly Cross approving the work. 6. The twenty foot utility easement on the western portion of the property shal] be relocated as well as approved by the Town of Vail before a building permit is released for the micro-brewery addition. 7. The owner of the Glen Lyon Office property shall not file any remonstrance or protest against the formation of a local improvement district or other financing mechanism approved by the Vaii Town Council which may be established for the purpose of building road improvements to the South Frontage Road. 8. The owner shall provide afire hydrant per Town of Vail Fire Department requirements on the northwest portion of the property. The fire hydrant shall be provided subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for either the brewery addition, office expansion, east office building, or parking structure. The staff would recommend that the Design Review Board look at the following issues related to this project. 1. Pedestrian access from the east side of the structure to the east office building should be required. 2. The pedestrian path from the parking structure to the brewery entry should be located on Glen Lyon property. • 3. One additional loading space should be provided for the main office building in the parking structure. At this time, some discussion ensued regarding the real estate office, employee housing units sales to locals, and changing the fireplace requirement to work concurrently with the current Town of Vail ordinance regarding fireplaces. The employee housing restriction was extended to twenty years plus the life of Tiffany Wahr7ich-Lowenthal. Kristen explained that all the conditions of approval per the PEC recommendation were included in the ordinance. Merv Lapin moved to approve the ordinance. He included changes in regard to employee housing sales to locals, recordation at the Clerk and Recorder's Office as opposed to the Assessor's Office, and the fireplace requirements working in conjunction with the Town of Vail municipal ordinance regulating fireplaces in the Town of Vail. This motion was seconded by Tom Steinberg. A vote was taken and the ordinance passed unanimously 7-O. The sixth item of business was Ordinance No. 39, Series of 1988, first reading, regarding daily special boards. Mayor Rose read the full title of the ordinance. Following discussion, Tom Steinberg moved far approval of Ordinance No. 39, and Eric Affeldt seconded. A vote was taken and the motion passed 4-3, with Merv Lapin, John Slevin, and Mike Cacioppo opposing. The next item of business was Ordinance No. 37, Series of 19$8, first reading, regarding bed and breakfasts, was tabled to a further meeting. _ro_ _ ... Item eight on the agenda was Resolution No. 4b, Series of 1988, regarding the Town of Vail and Vail Metropolitan Recreation District agreement. Larry Eskwith included many comments to describe revisions that had been made as requests from both sides for this agreement. On page 6 of the agreement, Section 108, Compliance with A11 Laws and Regulations, the Town grants the District the right to utilize ten parking spaces on the land commonly known as the Mud Lat. Same discussion ensued on page 7 in regard to Item 7, page 7, the control of the John Dobson Ice Arena. It was agreed that an index should be included showing other nonprofit groups that are allowed to use the Dobson Arena as well as groups that qualify for special rates. Also, at the end of the full paragraph on page 8, a change was made with the new wording reading "The District shall be entitled to receive the gross receipts or rent produced by any such event less ali expenses and costs thereof." On page 9, under Section 8, Recreation Plan, at the end of this paragraph to be inserted is a sentence indicating a discussion sha11 be held annually regarding the subsidy, and the annual plan should include this discussion. Under Section 9, Financial Contributions, Larry indicated Exhibit E was a new exhibit showing a breakdown ofi the financial contributions. On page 1D, the first paragraph was completely new indicating what procedures should be followed in regard to the District's election to submit a mill levy increase to the authorized voters of this district. On page 11, Section 12, District Boundaries, this had been a new section that was added by Larry at the request afi both UMRD and TOV in order to take whatever steps necessary to make the boundaries of the District and the Town coterminous. Larry further concluded by saying that he had no Exhibit A or B currently because those were legal descriptions of various properties and land areas that were to be included under this agreement and that he was having difficulty finding exact legal descriptions for them. Ne was advised by the Council to come up with a generic description for each of those. At this point, Merv Lapin moved to approve the resolution, which was seconded by Eric Affeldt. A vote was taken and the resolution passed 5-2, with Mayor Rose and Joan Slevin opposing. There was no Citizen Participation. There being no further business, the meeting was adjourned at 12:02 a.m. Respectfully submitted, ~' ~ 1) c~~ Kent Rose, Mayor ` ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by F~amela Brandmeyer -8-