HomeMy WebLinkAbout1989-01-17 Town Council Minutes•
MINUTES
VAIL TOWN COUNCIL MEETING
JANUARY 17, 1989
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, January 17, 1989, at
7:30 p.m. in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
MEMBERS ABSENT:
TOWN OFFICIALS PRESENT
Kent Rose, Mayor
John Slevin, Mayor Pro Tem
Eric Affeldt
Michael Cacioppo
Mery Lapin
Gail Wahrlich-Lowenthal
Tom Steinberg
Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
The first order of business was Ordinance No. 1, Series of 1989, second reading,
zoning the property commonly known as the Ulbrich property to Hillside Residential.
Mayor Rose read the full title of the ordinance. Rick Pylman stated the only change
was a clarification of the legal description. There was no other discussion. Mery
Lapin made a motion to approve the ordinance on second reading, and Eric Affeldt
seconded. A vote was taken and the ordinance passed unanimously 5-0.
The next item was Ordinance No. 2, Series of 1989, first reading, relating to bed
and breakfast operations. The full title of the ordinance was read by Mayor Rose.
Peter Patten commented this ordinance would amend the zoning code to allow bed and
breakfast operations in town. He reviewed the ordinance and what it would change in
the zoning code and the regulations proposed. He then stated he wanted to add two
more requirements, nos. 4 and 5, to those shown on page 2, Section 48:
4. A maximum of one residential nameplate sign shall be allowed according to
Section 16.20.130 of the sign code for each bed and breakfast.
5. If the lot or site of the proposed bed and breakfast operation contains
two dwelling units, the written approval of the bed and breakfast proposal by the
owner of the other dwelling unit on the site shall be submitted with the application
for a conditional use permit.'
He then reviewed the conditional use criteria used in examining and developing the
ordinance. Peter stated staff's recommendation was for approval and explained why.
He also noted the Planning and Environmental Commission voted unanimously 6-0 to
approve the changes. There was then some discussion by Council regarding problems
with the bed and breakfast operations and conditional use zoning. Kathy Fagan of
Reservation Services in Vail asked a question regarding her being the only permanent
resident in her condominiums and why wouldn't she be able to operate a bed and
breakfast, to which Peter and Council responded parking problems, close living
quarters with other residents. Peter commented that he had found in his research
other areas distinguished a difference between short-term rentals and bed and
breakfast operations. Larry Eskwith noted that right now bed and breakfast
operations were being operated in a vacuum, and this ordinance would make them
legal. Council asked Larry to look into abandonment clause to see if the approvals
would expire periodically every three or five years. There was then much discussion
regarding abandonment would occur if the operations were not used for twelve
consecutive months and if everyone in the condominium units should sign off on the
approvals or by a 75 percent vote. It was also discussed the condominium
declarations would dictate this decision. Chuck Crist commented he felt approval by
the Town could be given if the applicant brought in a letter from the condominium
association indicating their approval and that sufficient parking would be
available. Mike Cacioppo requested "or his agent" be added to Section 4.A., line 3,
after "proprietor". At this time Mike Cacioppo made a motion to approve the
ordinance with the following amendments:
1. Add language that a conditional use permit should be issued for non-
conforming use.
2. Amend the ordinance to include multi -family dwellings, and to require a
vote of the condominium association to allow the operations.
3. Change language in Section 4.A. to "proprietor or his agent lives ..."
4. Add items 4. and 5. to Section 4.B.
Mery Lapin seconded the motion. A vote was taken and the vote failed 3-2, with Eric
Affeldt, Mayor Rose, and John Slevin opposing. Eric Affeldt then made a motion to
approve the ordinance with the following amendments:
1. Add items 4. and 5. to Section 4.B.
2. Change language in Section 4.A. to "proprietor or his agent lives ..."
He also directed staff to come prepared at second reading to further discuss
abandonment and multi -family dwelling issues.
John Slevin seconded the motion. A vote was taken and the motion passed unanimously
5-0.
The third item on the agenda was Ordinance No. 3, Series of 1989, first reading,
relating to increasing the charges for impounding dogs. Mayor Rose read the full
title of the ordinance. Larry Eskwith stated the leash law applies to all of Town
of Vail. Also, Council had requested earlier to raise the fees, which is what this
ordinance does. Dick Duran then answered questions from Council. Mery Lapin made a
motion to approve the ordinance, which was seconded by Mike Cacioppo. A vote was
Staken and the motion passed unanimously 5-0.
The next order of business was Ordinance No. 4, Series of 1989, first reading,
designating signs on hot air balloons for special events be exempt from the Vail
sign code. The full title was read by Mayor Rose. Larry Eskwith stated the
ordinance would allow signs on balloons, but the ordinance would apply restrictions,
and he then reviewed them. After some discussion by Council, Mike Cacioppo
requested the first sentence of Section 1.4. be deleted requiring the balloons be
tethered to the ground. Tom Davies agreed with Mike and explained why. Dick Duran
felt it was unsafe to attach them to buildings, to which Mike and Tom disagreed.
There was then more discussion on the length of time a balloon would be up. Tom
asked if Payne Weber held a convention in town next March, would it be allowed, to
which members of Council replied, balloons could be allowed only for special events
and it would require approval by the organizing body. At this time there was some
discussion regarding hot air balloons being used for private advertising or for
special events only. It was agreed that no one wanted free flying signs hanging
under the balloons. A motion to approve the ordinance with the deletion of the
first sentence of Section 1.4., and adding "with the exceptions of the LionsHead
Parking Structure and the Vail Village Parking Structure" to the second sentence of
Section 1.4., was made by Eric Affeldt. There was some discussion on insurance
coverage and liability, to which Tom Davies stated it should read "aircraft
liability insurance" and not "public liability insurance", and in an amount of not
less than five hundred thousand and not more than one million dollars. Mike
Cacioppo seconded the motion. A vote was taken and the motion passed unanimously
5-D.
The fifth item was Resolution No. 1, Series of 1989, setting the Town of Vail deck
space rental rate. Larry Eskwith stated this puts in resolution form the fee
charged by the Town of Vail. John Slevin made a motion to approve the resolution,
which Eric Affeldt seconded. A vote was taken and the motion passed unanimously
5-0. Mery Lapin asked Larry to check into if turning public property into
commercial use should be included on the tax rolls.
The next item for discussion was Resolution No. 2, Series of 1989, temporarily
extending the terms of the Planning and Environmental Commission and the Design
Review Board members for two weeks. There was no discussion by Council or the
public on this item. A motion to approve the resolution was made by Mery Lapin and
seconded by John Slevin. A vote was taken and the motion passed unanimously 5-0.
Action on the Colorado Ski Museum lease agreement was the next item. After a short
discussion, Mery Lapin made a motion to approve the agreement as presented, which
John Slevin seconded. A vote was taken and the motion passed unanimously 5-0.
• There was no Citizen Participation.
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At this time, Mayor Rose noted that for the work the Town of Vail employees had done
during the holiday rush and the extra effort done and still required for the World
Championships, Council wanted to award employees for their extra effort by
purchasing 275 tickets for employees to attend the Beach Boys concert. The cost
itwould approximately be in the neighborhood of six thousand dollars. Mery Lapin
commented he wanted to give spouses tickets, too. Ron Phillips suggested if Council
did that, to give single employees an extra ticket each also, which would make the
total 550 tickets at a cost of approximately eleven thousand dollars. Mery felt it
was the least Council could do to thank the employees. Mike Cacioppo made a motion
to approve the expenditure, and Mery Lapin seconded. A vote was taken and the
motion passed unanimously 5-0. Ron stated for those who were required to work that
night, something equivalent would be given.
There being no further business, the meeting was adjourned at 9:25 p.m.
ATTEST:
•
Iameiz A. Brandme�own Clerk
Minutes taken by Brenda Chesman
0
Respectfully submitted,
Kent Roose, ayor
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