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HomeMy WebLinkAbout1989-02-07 Town Council Minutesi MINUTES VAIL TOWN COUNCIL MEETING FEBRUARY 7, 1989 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, February 7, 1989, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Kent Rose, Mayor John Slevin, Mayor Pro Tom Eric Affeldt Michael Cacioppo Mery Lapin Gail Wahrlich-Lowenthal Tom Steinberg MEMBERS ABSENT: None TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first order of business was Ordinance No. 2, Series of 1989, second reading, relating to bed and breakfast operations. The full title of the ordinance was read by Mayor Rose. Mayor Rose stated he wanted to clarify that this ordinance would legalize bed and breakfasts; that it was not disallowing them. Peter Patten commented he had been asked at first reading to further investigate the discontinuance of bed and breakfasts upon lapse of operation and that Section 6 had been added to address Council's concerns over existing multi -family bed and breakfasts. He noted another of Council's concerns was bed and breakfasts in multi -family dwellings. He asked Council to look at a memorandum he had given them regarding research in various resort areas; several did not allow them in multi- family developments, but a couple did allow them in higher density areas. Peter went on to explain another issue at first reading had been about existing bed and breakfasts. He proposed a new Section 7 to the ordinance which would grandfather existing bed and breakfasts in multi -family dwellings granting approval as of the date of approval of the ordinance. He then stated existing operations would have to get a conditional use permit, and if they were located in a condominium, they would have to get the condominium association approval and prove they have been in operation, and apply by May 15, 1989. He then noted a typographical error on Section 4 where old wording had not been crossed out. Peter'stated staff recommended approval with the changes noted. Joan Norris remarked she was concerned over bed and breakfasts getting too commercial. Susie Bird questioned short-term rental and bed and breakfast operation differences, to which Peter explained in detail. Larry Eskwith addressed some legal technicalities brought up by the Council. Jack Rush, speaking as a representative of a condominium association, asked for clarification of two sections of the ordinance. There was some discussion by Council and Ron Phillips as to what the ordinance would do. Joan Norris questioned the parking requirements in the ordinance. Mike Cacioppo asked if the ordinance could be redrafted to be more general in nature. Jim Lamont reviewed bed and breakfast zoning history up to this point, his perception of the ordinance and its shortcomings, and gave recommendations on what he felt Council should do. Gail Wahrlich-Lowenthal responded why this language was brought up by Council in the first place. There was much discussion by Council and Larry Eskwith over the language of the ordinance and if the Town really needed it. Mike Cacioppo made a motion to deny the ordinance as it was too restrictive and unenforceable. John Slevin seconded. Peter Patten explained why he felt the ordinance was good and should be approved. Mike Cacioppo withdrew his original motion and made another motion to table the ordinance for one month. Kathy Fagan remarked she was not there as a negative force. Mike then clarified his motion to table the ordinance for four weeks with direction to staff to restudy and address the multi- family dwelling issue, the appellate process, the parking issue, and the business license issue. John Slevin seconded the motion. A vote was taken and the motion passed unanimously 7-0. At this time, Peter asked for more clarification on the multi -family dwelling issue, to allow bed and breakfasts; short term rental • regulations compared to the bed and breakfast regulations and can they be combined to a degree; work on parking issue, i.e., change wording in ordinance to be more general, like provide the necessary number of spaces totally or proposed for intended use; check into business license ordinance to reflect short-term rental rates, which are currently the lowest figure in the schedule. Mike Cacioppo also asked that home occupation Zone 1 and Zone 2 figures be looked at, and the multi- family use be by right, conditional use, or by permit. John Slevin asked that no nameplate signs be allowed, that they should be handled like short-term rentals. Joan Norris stated she was against making bed and breakfasts competitive and big business. Paul Rondho gave a few suggestions on how he felt it should be handled. The next item was a consent agenda of the following items: A. Ordinance No. 3, Series of 1989, second reading, relating to increasing the charges for impounding dogs. B. Ordinance No. 4, Series of 1989, second reading, designating signs on hot air balloons for special events be exempt from the Vail sign code. Mayor Rose read the full title of each ordinance. Tom Steinberg questioned the cap on the liability insurance for hot air balloons, to which Mike Cacioppo explained Council was told that was the maximum anyone could get. Tom requested it be taken out of the ordinance as times and costs change in the future. Mery Lapin made a motion to approve both ordinances with the change on Ordinance No. 4, which Gail Wahrlich-Lowenthal seconded. A vote was taken and the motion passed unanimously 7-0. Mayor Rose requested that items 3 and 4 on the agenda be switched to accommodate • the citizens present to discuss item 4. Council agreed. The next item for discussion was the Vail Valley Medical Center request regarding frontage road improvements. Peter Patten explained that during the process of the Medical Center's proposed addition a major issue was of access on the frontage road from the northeast corner of the Medical Center and the Doubletree Hotel. Because the land belongs to the Doubletree, they made an agreement with the Medical Center. Also, the Vail National Bank was desirous of amending their parking situation, too, so they also joined in the agreement. He stated the Colorado Department of Highways (CDOH) could deny the request, but would approve the access permit if a fourth lane was made on the frontage road for access. This would affect the accesses to the east and west of the U.S. Post Office. Ray McMahan, representing the Vail Valley Medical Center, felt they would be successful with an appeal for three lanes on the frontage road; the parking structure would work; they have an agreement with the Doubletree Hotel; and they are financing this. He stated they were working on access to the frontage road from the parking structure and were asking Council to direct the Planning Commission and Community Development to join the Doubletree Hotel, Vail National Bank, and the Medical Center in the appeal process. Ray then introduced Paul Powers, one of the new owners of the Vail National Bank. Paul commented they fully supported the Medical Center's attempt, and their new plan for the bank was to make the east access one way, parking places in the front would be angled, and they would join the Medical Center in front of the parking garage as the only access. He then reviewed the three suggestions the CDOH had given them when the request was denied. They were: 1) the Town of Vail abandon the two west accesses to the road from the Post Office; 2) the Doubletree, Vail National Bank, and Medical Center parking garage have one main road to the frontage road so there is one access point; and 3) removal of the super elevation of the banking of the frontage road westerly on the north side of the frontage road. Powers felt their plan fitted the plan codes of the CDOH and wanted the Town to support their appeal. He then answered questions of Council and showed them a map of the proposed plans. There was some discussion of what exactly CDOH wanted in order to approve the plan. Paul made the Medical Center's position clear, and that they were opposed to the fourth lane on the south side. Mayor Rose remarked to Ray McMahan that he was opposed to the appeal process, that he would rather work something out with the CDOH Grand Junction office. He complimented the property owners on arriving on a placement of the parking structure, but the frontage road issue was a part of a bigger problem than just this issue. He stated the Town had 32 people directing traffic one day during the holiday rush, and it was a community issue to redesign the frontage road from Cascade Village to Ford Park. Mayor Rose went on to suggest the Medical Center go to CDOH with this solution so they would work with the Medical Center in the Grand Junction office, and the Town would work with the CDOH on a total redesign of the frontage road from Cascade Village to Ford •Park; he felt the issue needed to be addressed soon. Ray asked about the time frame this would take, to which Mayor Rose replied the CDOH could commit to study -2- the redesign and in the meantime allow you to do this without changing the frontage road until the study was done. Tom Steinberg agreed with Mayor Rose and requested the Medical Center to put money in escrow to pay for their portion of the frontage road changes. Ray McMahan felt this was getting off the subject and explained. Paul Johnston explained what Mayor Rose and Tom Steinberg had been saying. John Slevin asked the Medical Center to commit to a special district or some form of improvement of the frontage road. Ray felt he still wanted to go through the appeal process with CDOH and wanted the Town to join them. Ron Phillips clarified the Town's position. Ray clarified the Medical Center, Vail National Bank, and Doubletree Hotel's position, and if the Town was not with them, then what was their position. Eric Affeldt read a draft resolution he wrote regarding the Town Council's stand, which basically stated the Town would agree to help the other property owners with a long-term solution if the property owners would help the Town with long-term solution with their fair share of financing the road changes. Ray stated he was being prompted by some Board members to say yes. There was much discussion regarding plans for financial commitment from all parties. Peter Jamar, representing the Doubletree Hotel, felt everything was more confusing than it needed to be and explained his feelings on the project. There was then more discussion by all parties regarding planning and financial commitment. Eric read his resolution again. Ray stated the resolution was fine with him, and he would talk to Ron Phillips and staff later regarding steps to take with CDOH. Eric then made a motion to adopt the resolution, and Mery Lapin seconded. There was some discussion by Mike Cacioppo and Eric Affeldt regarding the resolution and Mike's concerns over the financial commitment by the other parties. Mery requested the resolution be approved with instructions to staff that when the project goes before the Planning and Environmental Commission for approval of a conditional use permit, . that it be brought back before Council to define a dollar amount to put in escrow. Eric revised his motion to approve the resolution be approved with instructions to staff that when the project goes before the Planning and Environmental Commission for approval of a conditional use permit, that escrowing funds for future improvements be discussed. A vote was taken and the motion passed unanimously 7-0. Paul Johnston then complimented the Town staff for their work on the World Championships. Mayor Rose thanked Ray, Paul, and Peter for the work done, and the Town would try to keep it on track. The next item was action on the Vail Village Parking Structure expansion preliminary engineering contract. Stan Berryman stated the Town had negotiated a contract with Michael Barber Architecture Associates, and they were asking the Council to review and make changes they wanted to the contract so it can be signed and the project go forward. Stan reviewed the contract with the Council and answered questions. Tom Steinberg thought the architects would investigate all options, not just for approximately 400 cars. John Slevin requested a representative of Michael Barber come up to discuss the services and plans, to which Stan agreed. Eric Affeldt agreed with Tom and John, and they needed clarification on some planning and services. John wanted to know what the Town was getting for its money; designs and recommendations. Mike Cacioppo agreed the Town needed more parking, but wanted to address the issue of controlling the growth of the town; he did not like Vail Associates expanding, and felt it was not in the best interests of the residents. Gail Wahrlich-Lowenthal agreed that day skiers may not be in our best interests, and that Council needed to talk to Vail Associates regarding their plans, our plans, and try to curtail their efforts. Mery Lapin agreed, but did not want to let things deteriorate with Vail Associates like what happened in Aspen. He requested Council meet with Vail Associates soon before signing the agreement. Ron Phillips stated he would take care of setting it up. There was no Citizen Participation. Tom Steinberg asked what was happening regarding some complaints on the snow plowing. Ron Phillips replied that Public Works was taking care of it. Ron stated the father of Yolanda Martinez, who attends Battle Mountain High School, requested Council help sponsor Yolanda to attend CLOSE-UP, a week long government studies program for high school students, which would take place in Washington, DC. He stated he had informed Mr. Martinez Council usually did not provide those kinds of sponsorships and asked if Council agreed, which they did. Ron then noted there was a 16.3 percent sales tax increase in December, 1988 over December, 1987. Also, the Town ended the year with a 9.3 percent increase over the 1987 sales tax and 6.3 percent over what was budgeted for 1988. The real estate transfer tax for January, -3- t ,. - 0 • 1989 was $331,000; the Town had budgeted approximately one million dollars for the year and took in 1/3 of the year's budget in January. At this time, Gail Wahrlich- Lowenthal wanted to second what Paul Johnston had said earlier; that for the World Championships, she wanted to thank the community as a whole, Town employees, and personally Ron Phillips and Kent Rose for their involvement. Kent Rose commented he could not say enough about Ron's total involvement with the World Championships and still taking care of his normal duties. Ron remarked he was proud to be an employee of the Town and noted what an excellent job everyone was doing, especially bus drivers, and fleet maintenance working until midnight. Stan Berryman stated there had been an exceptional amount of intercooperation between the Town, Colorado State Patrol, the Vail Valley Foundation, the volunteers, and everyone else; things were very positive. Eric Affeldt requested a resolution which would recognize the efforts of all entities be written up, signed by all Council members, and put in the paper next week. Mery Lapin announced there would be a television translator election later this year, and he wanted to get together with the lodging community to discuss plans. Mike Cacioppo announced there would be a TV Translator Committee meeting next Thursday, 12:00 p.m., at the Town of Avon. There being no further business, the meeting was adjourned at 11:25 p.m. ATTEST: � A.J ( Pamela A. -"Ira, Town Clerk mihutes.taken by Brenda Chesman • Respectfully submitted, )en R. Rose, Mayo% -4- I