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HomeMy WebLinkAbout1989-12-05 Town Council Minutes0 MINUTES VAIL TOWN COUNCIL MEETING DECEMBER 5, 1989 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, December 5, 1989, at 7:30 p.m., in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Kent Rose, Mayor Tom Steinberg, Mayor Pro Tem Lynn Fritzlen Jim Gibson Mery Lapin Robert LeVine Peggy Osterfoss MEMBERS ABSENT: None TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk Larry Eskwith was not present at the time the meeting began. • The first order of business was a Ten Year Employment Anniversary Award to Charlie Davis. Ron Phillips gave background information on Charlie, a Heavy Equipment Operator II with the Town of Vail, and this was followed by comments from Pete Burnett. Charlie thanked everyone, and Kent Rose remarked the Council appreciated Charlie's hard work over the years. The second item of business on the agenda was approval of the November 7 and 21, 1989 meetings minutes. There was no discussion by Council or the public. Tom Steinberg made a motion to approve the minutes as presented, which Mery Lapin seconded. A vote was taken and the motion passed unanimously 7-0. The next item was Ordinance No. 28, Series of 1989, second reading, amending Chapter 16.22 regulating signs in the Arterial Business District and Commercial Core III zone district. Mayor Rose read the full title of the ordinance. Mike Mollica noted the wording in Section 4 had changed since first reading and explained the reasoning. Joe Macy agreed the new wording was fine. Mike then answered questions of Council. Mery Lapin made a motion to approve the ordinance, and Rob LeVine seconded. A vote was taken and the motion passed unanimously 7-0. Mayor Rose commented that Larry Eskwith was not present yet, and since his input was needed on a couple of agenda items, the agenda items would be moved around until he • does arrive. The fourth item was Ordinance No. 32, Series of 1989, first reading, regarding a supplemental appropriation to the Town budget. The full title was read by Mayor Rose. Steve Barwick explained the supplemental appropriation was for $5,747,923, and reviewed what funds were affected and why. He then answered questions from Council. A motion to approve the ordinance on first reading was made by Mery Lapin, and seconded by Tom Steinberg. A vote was taken and the motion passed unanimously 7--0. Council then proceeded with the appointment of two members to the Planning and Environmental Commission. Mike Cacioppo stated his opposition to the secret ballot vote, and read some paragraphs from the Charter. Mayor Rose responded with his interpretation. Connie Knight and Jim Shearer were chosen as the new PEC members. There was then some discussion regarding the proper procedure by Council to appointments for boards and commissions. Robert LeVine made a motion to appoint Connie and Jim to the PEC, which was seconded by Tom Steinberg. After more discussion, a vote was taken and the motion passed 5-2, with Mery Lapin and Lynn Fritzlen opposed. Mery and Lynn wanted to wait for a legal opinion from Larry Eskwith. Ordinance No. 31, Series of 1989, first reading, creating regulations for bed and breakfasts in the Town of Vail, was the next item to be discussed. The full title of the ordinance was read by the Mayor. Peter Patten gave chronological background information and reasoning for the ordinance; afterwards, he answered questions. At this time, Larry Eskwith arrived. Peggy Osterfoss commented "designated" parking spaces should be included somewhere in the ordinance. Peggy and Jim Gibson suggested adding the word "designated" to 17.B.1, "Off Street Parking." Discussion returned to Section 20, ending with Larry .Eskwith's remark that staff would work on the language for second reading. Robert Levine questioned the date in Section 18, June 12, 1989; Peter Patten stated it was a typographical error, it should be 1990. Mike Cacioppo commented why he was opposed to the ordinance which he felt was overregulation. Peggy Osterfoss remarked the ordinance is the result of two years of work by the Planning and Environmental Commission and the Council, and with much compromise. She though the ordinance was good, with the minor changes in Sections 17 and 18. Jim Lamont agreed it was the result of a lot of hard work, the Council should move forward with it, and gave his thoughts on the ordinance and the progress made to date. He did request Council to ask staff to keep records over the next two years to build a statistical base for bed and breakfasts. He then made comments on areas he had suggestions for. Kathy Fagan questioned the business license fee for bed and breakfasts, which Robert Levine, Jim Gibson, and Larry Eskwith answered. After much discussion by Council, staff was directed to begin the amendment process for the business license fee ordinance to include bed and breakfasts as home occupancy businesses, once the ordinance has passed. Larry Eskwith then stated it was all -right to delete Section 20 for second reading; it was not needed. Tom Steinberg made a motion at this time to approve the ordinance with Sections 17 and 18 amended and Section 20 deleted. Peggy Osterfoss seconded the motion. A vote was taken and the motion passed unanimously 7-0. A sign variance request and an appeal of a Design Review Board decision for the •Finishing Touch Furniture Showroom, located in the Inn at Vail, was the next item. Mike Mollica gave background information regarding the sign variance request for ten feet above the allowable height. He reviewed the findings and staff responses, and explained why staff recommended denial. Mike noted the Design Review Board, on November 29, 1989, voted 4-0 for denial of the design of the proposed awning and associated signage. It was clarified the Council was to decide on 1) the height variance of the sign, and 2) the awning and design of the sign. John Dunn, representing Jim Wilson of the Finishing Touch, gave some additional background information on the signage and awning design.. He then proceeded with reasons why he felt the variance and appeal should both be approved. After some discussion by Council, Jim Wilson spoke on his own behalf requesting Council approval. Peggy Osterfoss made a motion to uphold the Design Review Board's recommendation, and to deny the height variance request based on the finding of no physical hardship, and incorporating the findings as noted in the staff memorandum dated November 21, 1989. Tom Steinberg seconded the motion. A vote was taken and the motion passed unanimously 7-0. Peggy Osterfoss then made a motion to uphold the Design Review Board decision with regard to the design of the awning and sign, that it called undue attention to itself, as noted in the staff memorandum dated November 21, 1989. The motion was seconded by Tom Steinberg. A vote was taken and the motion passed 6-1, with Jim Gibson opposing. John Dunn asked that the photographs and drawings he had presented to Council be made a part of the hearing, and they were • marked as Exhibits 1 - 9. There was no Citizen Participation. Mayor Rose informed Larry Eskwith of the Planning and Environmental Commission appointments, and explained the questions raised concerning the secret ballot. Larry stated he believed the Council had acted correctly; as long as the decision is made by motion, it was legal, and the Council had acted pursuant to the Charter. James Johnson stated he appreciated copies of the minutes being available at the Library, and now was proposing the agendas go out earlier to the paper. He also suggested Councilmembers adopt a local for a day, and go through the day with them, to let the public get to know them. There was a short discussion regarding the suggestion. It was noted the Transportation and Parking Advisory Committee was inviting locals to its meetings. Lynn Fritzlen commented there were a lot of Council meetings held during regular working hours, and maybe this should be discussed in the future. Mery Lapin added maybe Council should look at raising Councilmembers' pay to help out. Robert Levine encouraged Council to look into some of the things James Johnson had recommended. Jim Gibson remarked he would like to hold Town meetings so the public could speak •out on Town issues. Mike Cacioppo stated his irritation over agenda documents not being available before Council meetings. After much discussion by Council, it was decided no changes in the agenda distribution process would be made. -2- There being no further business, the meeting was adjourned at 10:25 p.m. Respectfully submitted, -� Cr Kent . ose, ayor ATTEST:- �� Pamela A. Brandmeyer, Town Clerk Minutes taken by Brenda Chesman rJ -3-