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.
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There being no further business, the meeting was adjourned at 10:25 p.m.
Respectfully submitted,
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Kent . ose, ayor
ATTEST:-
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Pamela A. Brandmeyer, Town Clerk
Minutes taken by Brenda Chesman
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