HomeMy WebLinkAbout1984-01-17 Town Council MinutesMINUTES
VAIL TOWN COUNCIL MEETING
TUESDAY, JANUARY 17, 1984
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, January 17,
1984, in the Vail Municipal Building.
MEMBERS PRESENT: Rodney E. Slifer, Mayor
Chuck Anderson
Kent Rose
Colleen Kline
Hermann Staufor
Gail Wahrlich
ABSENT: Paul Johnston, Mayor Pro--Tem
OTHERS PRESENT: Richard Caplan, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
The first item on the agenda was the second reading of Ordinance #44,
Series of 1983, an ordinance rezoning the Amoco site and amending Special
D elopment District #6. Also to be considered was Resolution #1, Series
c 1984, a resolution authorizing off-street parking in SDD#6. Dick Ryan
presented the ordinance to the Council. He went through the staff memo
that had been prepared relating to this project. He stated that he had
met with Centennial Engineering to go over the report they (Centennial)
had made on the project. Fred Hiller, developer of the project, addressed
the Council, summarizing what he had done to comply with the Council's concerns
over the past several weeks. He stated that Centennial Engineering felt that
Vail Road was the best entrance for this project. Hiller stated that only
check in guests would be using Phase 3 as.an entrance with valet service.
All other ingress and egress traffic would be using Vail Road. Hiller stated
that the only remaining concerns that have not been taken care of were the
concerns of the tenants involved in Phase 5. He stated that he was in
negotiations with the tenants but have not come to an agreement at the present
time. Councilmember Kline asked Miller to comment on the letters the Council
had received from the tenants' attorneysrelating to their lease. Mr. Hiller
called on his attorney, Mr. Stein, to address this matter.
Mr. Stein stated that he had not seen the letters from the attorneys. He
stated that Hiller had talked to the owners of the Swiss Hot Dog Co. and
Short Stop and he felt that they were willing to work with Hiller on the
redevelopment. Mr. Stein related the confusion over the meeting times with
Mr. Alplenalp, saying he was sorry that he had missed the meeting but he and
r6 Hiller were trying to work out an agreement with the tenants.
Mr. Stein reviewed the letters that had.been sent to the Council. He
stated that the tenants were told that they would like to get the matter
resolved as soon as possible and they were willing to work with them to
do so. He did not feel that there should be as much as a probd!d�m had been
caused by this redevelopment. Mr. Stein stated that there was a definite
timing problem now and if they did not get Town Council approval there would
be difficulty in getting a construction loan for the project to begin work
in May of this year. Mr. Stein stated that the applicant had asked to have
the ordinance tabled two weeks ago because of these problems that had arisen
and had hoped to have had them worked out by this meeting. Mr. Stein felt
that the tenants were trying to hold up the project by not cooperating with
the negotiations that Hiller was trying to make with them. He suggested the
Council give second approval at this time subsequent to their working out
negotiations with the tenants by the time a building permit was issued, so
they could go ahead and get their construction loan. Councilman Anderson
asked Stein if he was in fact saying,that if they didn't get approval tonight,
they would not be able to get a constructton loan. Anderson felt that Stein
was trying to intimidate the Council and he did not appreciate it.
Vail Town Council Meeting
Tuesday, January 17, 1984
Page 2
Councilmember Kline stated that .after four weeks of postponement she was
concerned that Mr. Hiller did not have answers for all of the Council's
concerns at this time. Mayor Slifer brought up the issue of access through
Phase 3 again, as he felt this was not made clear at the last meeting. Mr. Kit
Cowperthwaite addressed the Council, stating that he had had discussions with
the Town Attorney relating to that issue, He referred to a document:,that was
an agreement between the owners of Phase 3 and Phases 4 and 5. He stated that
he felt all the owners of these Phases needed to sign off on the agreement
before the issue could be settled, He stated that he had met with Mr. Stein
to discuss the ramp issue and that Mr. Stein would like to propose that the
use of Phase 3 be limited to controlled.access, to be used only by people
familiar with the ramp. Mr. Cowperthwaite stated that he and his brother,
Jim, could permit this on a trial basis:. He stated that Mr. Hiller and
Mr. Stein were in agreement on this. Mr.. Cowperthwaite stated that if this
didn�t work, then notices would have be be served on the owners of Phases 4
and 5 that this access would not be allowed in the future and that they would
have to use Vail Road. Mr. Ryan, Director of Community Development, stated
his concerns over "U-turns" if this did not work. Councilmember Kline asked
Mr. Hiller to address his financing plans. Mr, Hiller showed the Council a
ter addressed to Mr. Roscoe dated Dec. 23, 1983, relating to a financial
cnittment. He also stated that the Planning Commission had asked Mr. Hiller
to build Phase 5 as soon as possible, not waiting until 1087 as asked for by
Mr. Hiller. Mr. Roscoe seemed favorable to the idea at the time. He stated
that Mr. Larese had not been easy to deal with, but felt that he had met all
of the other criteria that the Council had asked of him, including the
acceptance of a loan application by several financial institutions after
approval on first reading of Ordinance #44, Series of 1983. He gave the
names of the financial institutions where applications had been submitted.
Hiller stated he would be the primary, owner of the property, with several
others having a smaller .interest. Kent Rose questioned Hiller on the fact
that although the ordinance stated that Phase 5 would be started and com-
pleted in four years, that Hiller had no plans of starting it by that
certain amount of time. Hiller stated that their plans as of now were to
build and complete Phase 4, but that Phase 5 needed to be completed as soon
as possible for financial and esthetic reasons. He stated it was his intention
to tear Building 5 down in May of 1986 and completed in 8 months. Larry
Eskwith questioned the legality of the leases with the two tenants in question,
in relation to being able to tear down the building until their leases had
run out. Mr. Hiller expressed his feelings that he felt something could be
worked out with these tenants and were be willing to take the risk. Council -
member asked if the Town would be protected under these conditions, and
with stated that once a new zone district is established, certain rights
granted that didn't exist before. He felt that the conditions must be
extremely precise once the zone change is accomplished and a building permit
is issed.
Mr. Alplanalp, attorney for the Short.Stop.and the Swiss Hot Dog Co., addressed
the Council. He stated that neigher.of.the tenants had been involved in the
progress of Phase 5 until the Council expressed its desire to get it done
quickly. He stated that where the builder had intended these tenants to move
during the building process had no view from Vail Road nor any parking for its
customers. The tenants felt that they had been barred from reviewing any of
the proposed plans until the final hour and that was what they were objecting
to. He stated that the tenants felt that they were be intimidated by the
Council, being referred to as an "eyesore". Mr. Alplanalp went through the
chain of events in trying to arrange meetings between the applicant and the
tenants. He stated that a meeting was held that morning (Jan. 17, 1984) for
approximately 2 hours and that most of the issues had been agreed upon, but
not all of them. Dick Ryan stated that the there was already a SAD#6 that
had been established and the tenants knew when it was established (1976)
that there would be some changes made. Councilmember Kline asked Mr, Alplanalp
to expound on his statement that the tenant's lease had been cancelled.
lanalp stated that the landlord had attempted to serve a notice on the
sees that their lease was up after their meeting of this morning,
Mr. Alplanalp stated that Mr. Larese did owe the landlord some money ($2000.00)
but up until this morning had been told to take his time paying it bahk.
Vail Town Council Meeting
Tuesday, January 17, 1984
Page 3
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Joe Staufer, landlord, stated he had talked with Mr, Larese to workout an
agreeable solution to the interim move and had taken him to the architeetts
office and showed him the plans. Staufer felt they had a reasonable idea
of what was coming down the road. Larese then asked for a written proposal
from Staufer. Staufer said he did so, proposing that he would move him from
Phase 4 into a spot of,his choosing, except for the Pancake House, would
live there rent free, and then move back after the completion of Phase 5 at
Staufer's expense with more space at the same rent. He would be able to
choose his space again. He stated that Mr. Larese then made unreasonable
demands on Staufer. Staufer felt that Mr. Larese.was.trying to blackmail
him. He stated the note that was in question was due over 15 months ago.
Mr. Slifer stated that he and the Council did not want to get involved in
the personal issues, only the question at hand. Bill Wilto addressed the
Council, expressing his concern for removing the service station from the
4-way and the issues on parking. Jack Russ, representing manor Vail,
expressed their support of the project. Mr. Stein addressed the Council,
stating that they were willing to work with the Town and the tenants in
any way possible to resolve the issue. Mr -Anderson asked Mr. Staufer to
speak to the issue of the Action Vail opposing the land trade to allow
toansion to the Lodge at Vail for more hotel rooms. Mr. Staufer stated
t Vail Village, Inc. owns the property in question and the Lodge is
negotiating for public lands, and was not the same. Action Vail attorney,
, stated that they were opposed to bringing
in any public lands for additional hotel rooms. Councilmember Wahrlich
addressed the issue of the size of the hotel rooms, asking Hiller what
the relation to the size of the.rooms were now in comparison to what was
originally proposed. After much.discussion, the Council was polled on
their decisions. Kent Rose stated he was not in favor of the project
at this time, that there were too many unresolved issues before the.
Chuck Anderson noted traffic concerns, evidence of financing and tenant
negotiations as reasons he could not vote in favor of the project, Gail
Wahrlich's major concern was the parking issue, Colleen Kline stated her
concerns with the completion of the project. Kline did compliment the
architect, Gordon Pierce, for his work on the project. Rod Slifer felt
there were too many unresolved issues at this time to vote in favor of
the project. Hermann Staufer stated he would abstain from voting. Fred
Hiller then addressed the Council and asked that the issued be tabled
until the February 7, 1984 meeting. Ms. Wahrlich stated she would like
to have a report from Centennial Engineering on the traffic issue before
the meeting on Feb. 7th. Kent Rose stated that he felt the removal of
t e service station was a big issue and reminded the Council and the
scant that the Standard Station would have to go through the regular
p ocess to have the additional bays and service areas approved before they
could go ahead with the expansion. Gail Wahrlich then made a motion to
table Ordinance #44, Series of 1983, until the February 7, 1984 meeting.
Chuck Anderson seconded the motion. A vote was taken and the motion passed
unanimously.
The next item on the agenda was the reading of Resolution #1, Series of 1984,
a resolution pertaining to off street parking in SDD#6. Mr, Slifer stated
that this resolution should also be tabled and reread at the Feb. 7th meeting.
A motion was made by Colleen Kline and seconded by Kent Rose to table
Resolution #1, Series of 1984. A vote was taken and the motion passed
unanimously.
The next item on the agenda was the consideration of an agreement between
the Town of Vail and Vail Pedicab Company. There was some discussion relating
to the operation of the pedicab company. Ms, Kline stated her objection to
signing off on an agreement with so many blanks. Mr. Caplan stated that he
was working with Jan Strauch, owner of the pedicab company, and would.be
putting in writing all of the detailsto the agreement. It was suggested
t t the pedicab company start with four pedicabs with an option to move
six if needed. A motion was made by Colleen Kline and seconded by
Hermann Staufer to approve the agreement with a copy of the letter from
Mr. Caplan to Mr. Strauch attached to the agreement and authorizing the
Town Manager to execute the agreement. A vote was taken on the motion
and it passed unanimously.
Vail Town Council Meeting
Tuesday, January 17, 1984
Page 4
anext item on the agenda was the first reading of Ordinance #3, Series of
1984, an ordinance relating to rezoning a resubdivision of Lot 3 and the south
1/2 of Lot 2, Block 8, Bighorn subdivision from low density multi -family to
two family residential. Peter Patten presented the ordinance to the Council.
He stated that the staff recommend approval of the ordinance with an amendment
relating to parking spaces. After some discussion Hermann Staufer made a
motion to approve Ordinance #3 on firstreading with amendments and Gail
Wahrlich. seconded the motion. A vote was taken and the motion passed
unanimously.
The next item on the agenda was Ordinance.#4, Series of 1984, an emergency
ordinance relating to appropriation of real estate transfer tax funds. Larry
Eskwith presented the ordinance to the Council, stating that this was in
reference to the purchase of the Pulis Ranch property on the golf course.
The amount to be appropriated was to be used for the down paymenton the
land. After some discussion Hermann Staufer made a motion to approve
Ordinance #4, Series of 1984, as an emergency ordinance. Kent Rose
seconded the motion. Frank Caroselli questioned Mr. Eskwith on being
able to pass an ordinance dealing with the expenditure of money as an
emergency ordinate. He was investigated by Mr. Eskwith and found to be
0per. A vote was taken and the motion passed unanimously.
The next item on the agenda was a discussion of the cable television
performance evaluation study. The discussion was opened for public input.
Russ Sindt, of the Cable.Franchising Consultants, Inc. gave a report to
the Council. He stated that the addition of TV2 by Heritage was a proper
addition according to the franchise agreement. There was some feeling
among the public that it was a mistake to bring this station into Vail
Valley. Mr. Hermann Staufer that he felt most of the local business owners
felt the same way. Mr. Sindt stated that in further studying the contract
with Heritage it was discovered that it was written that Heritage "may"
carry the additional station, not "must carry" as had been previously
reported. The Council ordered Rich Caplan to contact Heritage the next
day to halt any action until this matter could be put to public hearing
at the next meeting. Rod Slifer asked that Mr. Caplan and Mr. Eskwith
rework the agreement and report back to Council at the next meeting. The
Television Advisory Board was agreed to be changed from 11 to seven members
and Mr. Eskwith was directed to make this change to the ordinance. The
Council commended the Board for its work during the past few months. Mr.
Anderson voiced his concern over the proceedings with the public access
channel.
* next item on the agenda was Citizen Participation.
Mr. Anderson expressed his interest in initiating a Junior Athletics Awards
program in Vail. Kent Rose was appointed to serve on the committee.
Flo Steinberg brought up the subject of several light out on Vail Valley
Drive. Stan Berryman, Public Works Director, was asked to look into the
matter.
The next item on the agenda was a presentation by the State Geological Dept.
on the Booth Creek Rockfall hazard study. Slides were shown of the potential
problems in that area. The State Department stated that it was an extremely
hazardous area. It was agreed to hold a public meeting on this concern at
another meeting, as there were no homeowners from that area in attendance
because of the lateness of the hour.
The next item on the agenda was an appeal of Vail Associates real estate
sign at the Casino Building. After some discussion, it was decided to table
the decision until the applicant could do some further research. Hermann
Staufer made a motion to table the request and Kent Rose seconded the motion.
4ote was taken and the motion passed unanimously with Rod Slifer abstaining.
Vail Town Council
Tuesday, January 17, 1984
Page 5 .
Tit next item on the agenda was a request for he Mill Creek Gallery
variance. Peter Patten presented the request to the Council, stating
that they were asking for a frame to hand a..' -,work in with no advertisements.
Mr. Patten stated that the DRB was in unaniraous approval of the request.
After some discussion, Kent Rose made a motion to approve the variance
request and Colleen Kline seconded it. A. vote was taken and the motion
passed unanimously.
The next item on the agenda was the appointment of the Charter Review
Committee. Frank Caroselli made some comments on the guidelines that
Mr. Caplan had compiled for the co-imnittee. It was decided to appoint
each applicant who applied. Doris Bailey was appointed interim Chair-
person until someone was appointed at its first meeting. Bill Pyka was
appointed staff person to work with the group. It was decided that Bill
and Doris would agree on a time for the first meeting and contact all of
the members.
There was no Town Manager Report.
Tre was no Town Attorney Report.
As there was no further business the meeting was adjourned at 12:45 a.m.
Respectfully submitted,
Ro n�ey E. 77fer, Ala or
ATTEST:
Pame= a A. tr"-MnM'eyeV, Town Clerk
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