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HomeMy WebLinkAbout1988-09-06 Town Council Minutes• MINUTES VAIL TOWN COUNCIL MEETING SEPTEMBER 6, 1988 7:30 P.M. 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: Kent Rose, Mayor John Slevin, Mayor Pro Tem Eric Affeldt Mery 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 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 Ron Phillips, Dick Duran and James Overcash. The second order of business was presentation of a plaque to Gordon Pierce for 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 1988, 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 York, 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 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. H. Resolution No. 35, Series of 1988, a resolution designating National BancShares Corporation, P. 0. Drawer 121, San Antonio, Texas, 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. 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. 23, 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 goods 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 $2.00 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, Gordon Pierce moved to approve this resolution. Eric Affeldt seconded that motion. A vote was taken and the motion passed unanimously 6-0. At this point, Mery 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. 36, 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. Ulbrich, 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 is parts 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 or 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 for 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 Town 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 Town 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. Mery 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 orking 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 Gordon 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 on the mountain and their intent to not pay for 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 for 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, VA 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 for 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, Mery Lapin moved to approve the 1988-89 parking fee schedule. This motion was seconded by Tom Steinberg. A vote was taken with Tom Steinberg, Mery 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 for 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 •for 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 Bill 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 also 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 for 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 for 22 years. Mr. Lichtenfels next spoke about the Vail Village Master Plan, 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 adopted 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 on 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, he 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, who 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. Mery Lapin asked whether a nonconforming building becoming more nonconforming was appropriate for 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 on 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 or 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 or conditions applicable to the same site of the variance, but do 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- Gordon Pierce seconded this motion. At this point, Gail Wahrlich-Lowenthal indicated the Council must seriously look at formally adopting the Vail Village Master Plan. Secondly, she stressed there is a strong need for family -owned 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 Mery Lapin, who voted no. Under Citizen Participation, there was none. There being no further business, the meeting was adjourned at 11:15 p.m. ATTEST: �amearan meyqOr, twn Clerk Minutes taken,by Pam Brandmeyer • 0 Respectfully submitted, Kent R. Rose, Mayor -5- 1