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Home My WebLink About1988-06-07 Town Council Minutesrj MINUTES VAIL 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 Vail Municipal Building. MEMBERS PRESENT: Kent Rose, Mayor Eric Affeldt Gail Wahrlich-Lowenthal Gordon Pierce Tom Steinberg MEMBERS ABSENT: John Slevin, Mayor Pro Tem Mery Lapin TOWN OFFICIALS PRESENT: Ron Phillips, Town 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 no 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 Rose. 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 No. 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. 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 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 on 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 Wahrlich-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 25 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-70. 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; 8) 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 Citizen Participation, Reggie Sanchez, representing the Washington Charity Dinner, asked the Council to participate in Nancy Reagan's "Just Say No" 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. ATTEST: Pame�Val ran�meyer, down Clerk Minutes taken by Brenda Chesman n U Respectfully submitted, XtIose<,M or -3- LOCAL LIQUOR LICENSING AUTHORITY BALLOT (Please choose one.) -f f 10d- 0 E Kevin Cassidy Lynn Fritzlen Tim Savage