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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. -2- 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 -3-