HomeMy WebLinkAbout1989-06-06 Town Council Minutes11
MINUTES
VAIL TOWN COUNCIL MEETING
JUNE 6, 1989
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, June 6, 1989, at
7:30 p.m. in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT: Eric Affeldt, Acting Mayor
Michael Cacioppo
Mery Lapin
Gail Wahrlich-Lowenthal
Tom Steinberg
MEMBERS ABSENT: Kent Rose, Mayor
John Slevin, Mayor Pro Tem
TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
Gail Wahrlich-Lowenthal was not present at the time the meeting began.
The first item on the agenda was the approval of minutes of the May 2 and 16, 1989
meetings. There was no discussion by Council or the public. Tom Steinberg made a
motion to approve the minutes, and Mike Cacioppo seconded. A vote was taken and
the motion passed unanimously 4-0.
The next order of business was Ordinance No. 11, Series of 1989, first reading, an
ordinance adding recreational amenities tax rates for new zone districts which have
been added since the original ordinance was written. Acting Mayor Affeldt read the
title in full. Larry Eskwith explained the reasoning for the ordinance. Mike
Mollica noted the first five zone districts shown on the ordinance were the new
additions. He then answered questions of Council. Tom Steinberg made a motion to
approve the ordinance, and Mery Lapin seconded. A vote was taken and the motion
passed unanimously 4-0.
The third item was Ordinance No. 12, Series of 1989, first reading, an ordinance
repealing and reenacting Ordinance No. 40, Series of 1988, to provide changes to
Area D (Glen Lyon Office Property) requirements that concern the condition of
undergrounding utilities; a new location for the bus stop; a deceleration lane on
the South Frontage Road; a minor subdivision; and stairwell addition. The full
title was read by Acting Mayor Affeldt. Kristan Pritz explained details of the
minor subdivision. She stated staff recommended approval with five conditions:
• 1. The development of parcels A, B, C, and 0 shall be limited to the SDD 4
Development Plan and governed by the SDD 4 Ordinance as approved by the Town of
Vail and on file with the Department of Community Development or as amended and
approved by the Community Development Department, Planning and Environmental
Commission, and/or the Vail Town Council.
2. The minor subdivision plat shall include a statement that development of
the four parcels shall be governed by the approved SDD 4 Development Plan for Area
D and Ordinance 40.
3. The Community Development Department and Town of Vail Attorney shall have
the right to review and require changes in any "Agreements of tenants in common",
"conveyance of Easement and Party Wall Agreements", and any other easement or
ownership agreements related to the development of parcels A, B, C, and D to ensure
that the four parcels are developed per the approved development plan and SDD 4
Ordinance.
4. Any modification or amendments to the minor subdivision conditions of
approval agreement shall be reviewed as a major amendment under the procedures
outlined in Section 18.40 of the Town of Vail zoning code.
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5. The applicant shall be responsible for preparing the wording of these
agreements for review by the Planning staff and Town Attorney. The specific legal
wording must be submitted before the minor subdivision is recorded with the County.
The Town of Vail shall record the minor subdivision plat, however, it will be the
responsibility of the developer to cover any fees for recording the plat.
Kristan stated the PEC approved the plan by a vote of 4-1, with Jim Viele
abstaining. She then reviewed the five SDD amendments. She commented the
undergrounding of the utilities seemed to have been worked out; Holy Cross reviewed
the plans again and decided it was possible to underground from the east end of
Cascade Village to the east end of the Glen Lyon property. Ted Huskey of Holy
Cross confirmed her remarks. Kristan next discussed the bus stop. The plans had
changed so it would be located in front of the brewery instead of being farther
west. Public Works was looking into the design and plans, and Andy Norris would be
taking responsibility for snow removal, as well as overall maintenance of the bus
lane. She then briefly reviewed the deceleration lane and stairwell. Kristan
discussed the SDD design review criteria used. Kristan and Andy Norris answered
questions of Council. Afterward, Kristan noted the staff recommendation was for
approval of the SDD amendments with one condition: The developer shall agree to
construct the bus lane per Town of Vail standards in the area of the Porte cochere.
The specific design for the bus lane shall be mutually agreed to by the Area D
owner and/or the developer, Colorado Division of Highways, and Town of Vail. The
bus lane shall be constructed subsequent to the issuance of the building permit and
prior to the issuance of a temporary certificate of occupancy for either the
brewery addition, office expansion, east office building, or parking structure.
She added the following wording to Section 18.46.210 D13: The developer and/or
owner's) of Area D shall be responsible for maintaining the new bus lane, including
snow removal. If the bus lane is not maintained properly or snow removal is not
adequate, the Town will not provide bus service to the site. Kristan next reviewed
the ordinance and noted where the changes had been made in it, and answered
questions of Council. She stated she and Andy Norris would work on the wording in
the ordinance regarding the undergrounding of utilities; they would go to the five
property owners affected by the undergrounding, ask for their participation,
informing them of the cost; also, she would find out the cost of undergrounding
Donovan Park for Council's information. Tom Steinberg made a motion to approve the
ordinance with the minor changes to be made by second reading; Mike Cacioppo
seconded. A vote was taken and the motion passed unanimously 4-0.
The next order of business was Ordinance No. 13, Series of 1989, first reading, an
ordinance establishing the Booth Falls Local Improvement District. Acting Mayor
Affeldt read the full title of the ordinance. Larry Eskwith tailed Stan Berryman,
Director of Public Works/Transportation as his first witness. Stan was sworn in by
Pam Brandmeyer. Stan testified the ordinance was for the formation of a Special
Improvement District for Booth Falls, and showed Council a map of the area
identifying the 26 property owners. He testified the district was being formed to
install a rockfall mitigation device in the Booth Falls'neighborhbod, and that all
properties on the map were located in a high hazard zone area. He testified
.notices of the public hearing had been mailed out May 23, 1989 to all of the
property owners. Stan then reviewed the map and plans with the Council. He
testified the total cost of the District would be $335,000 for the property owners,
and the Town of Vail would be donating $20,000 toward engineering costs. He then
reviewed the formula used to assess each property owner's share. Larry had his
next witness, Ron Phillips, Town Manager, sworn. Ron testified he had received
four written protests and two letters in favor of the District. Larry's final
witness, Gerald Williams, a registered civil engineer, was sworn. Gerald testified
he had been hired to study the rockfall mitigation and draw up plans so the hazard
would be reduced. Art Kleimer stated he was representing the four owners of his
lot who had filed a protest, and explained why they were against the district.
Gail Wahrlich-Lowenthal arrived at this time.
Jeannine Hallenbeck reviewed the chronological events over the last two years. She
stated she was trying to address Art's concerns and explained why she just wanted
to get the job done. Mr. Pat Baker commented the process had been ongoing for a
long time; he owns property on both streets and wanted both places protected; the
area's been shown as being hazardous, and he wants to mitigate it. Carol Acuff
noted Jack Acuff could not attend, but he had written a letter to Ron Phillips
(which had been copied and distributed to Council). She explained it was untrue
•that one area was more hazardous than the other, and asked Nick Lampiris to address
comments made by Art Kleimer. She then referred to the letter in support of the
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district, and the two major considerations were 1) life/safety, and 2) removal of
the properties from the current hazard designation. Ned Gwathmey remarked he was
in favor of the district formation, but objected to the apportionment methods.
Stan Berryman responded it was difficult to arrive at a formula that was fair to
everyone. Nick Lampiris addressed the risk factor, and that he could not assign
varying risks; the risk factor was fairly equal. Joe Tonnahill agreed the
mitigation needed to be done, but did not feel his property was in danger, though
he would have to pay. Ray Story then addressed the Council. He stated all the
properties were in a high hazard area; the map Art Kleimer referred to earlier was
a preliminary map only and not a finished one. Since then engineering studies and
final maps had been done. The engineer told them mitigation for the Booth Falls
Court street would be higher than for Katsos Ranch Road because the Booth Falls
Court area would require fill. He suggested they all do it together because the
risk was unknown; he might benefit from a neighbor taking the brunt of the risk,
but he would help economically because the neighbor benefits him. He stated
Council agreed to only get involved for two things - if it was a life/safety issue,
and not a money issue; and if the engineer would certify the rockfall hazard
mitigation so the area could be taken out of the high hazard zone. He did not want
to wait for an injury; he wanted to proceed. Byron Rose, a member of the Board of
Directors of the Mountain School, stated they were very much in favor of the
district. Art Kleimer asked that the Town cover the open space areas, to which
Acting Mayor Affeldt responded the Town had designated $20,000. Larry Eskwith gave
a legal opinion regarding the district formation. Ella Knox supported the
district. Jeannine Hallenbeck felt since only four out of 26 were negative about
the assessment, the Council should go forward with the ordinance. Carol Acuff
remarked she had been appointed secretary for the mailings to the owners, and
notices of all meetings went to all 26 property owners. Joe Tonnahill felt he was
being assessed twice, but would withdraw his protest if the assessment was
refigured. After some discussion by Council, Mike Cacioppo made a motion to
approve the ordinance, and Tom Steinberg seconded. Acting Mayor Affeldt felt since
there were so few protests and Nick Lampiris stated all were at equal risk, he felt
comfortable approving the district. A vote was taken and the motion passed
unanimously 5-0.
The fifth order of business was Resolution No. 24, Series of 1989, a resolution
creating a temporary Town of Vail Marketing Advisory Board. Larry Eskwith briefly
explained why the resolution was drawn up, and noted a correction on 3.A.,
changing the wording to read "three members appointed by the Vail Town Council".
Mike Cacioppo commented the composition of the committee was unfair to only have
three appointees from the Town of Vail because of the amount of money Vail is
providing. Gail Wahrlich-Lowenthal remarked she did not disagree with Mike, but
supported the spirit of cooperation that was so important to this marketing effort
and it was healthier. Mery Lapin also stated the Vail Associates members probably
live in Vail, and if problems did arise, Vail could withdraw some support in the
future. Mike disagreed and still felt it was unfair. Tom Steinberg did not feel
it was inequitable because Vail would receive the most from the marketing efforts.
Gail Wahrlich-Lowenthal made a motion to approve the resolution, and Tom Steinberg
•seconded. A vote was taken and the motion passed
4-1, with Mike Cacioppo opposing.
The next item was Resolution No. 25, Series of 1989, a resolution setting the date
for a special election to submit the question of the Town's participation in the
Eagle County Television Translator District. Larry Eskwith said this resolution
was drawn up just in case the Council wanted to set a date for the election.
Acting Mayor Affeldt explained he was now comfortable bringing the issue to a vote
of Town residents. After some discussion, Tom Steinberg commented he wanted to
wait to set a date until after Council's meeting with Heritage next Tuesday. After
more discussion by Council, Mike Cacioppo made a motion to approve the resolution.
Gail Wahrlich-Lowenthal seconded the motion. Acting Mayor Affeldt agreed with Tom
that the Council could wait, but felt it was not the large issue some thought, and
therefore was comfortable with letting it go to a vote. Mike Cacioppo added he
wanted the community to have the opportunity to decide. A vote was taken and the
motion passed 4-1, with Tom Steinberg opposing.
Item seven on the agenda was an appeal of the Planning and Environmental Commission
decision on new tennis courts and tennis pro shop. Mike Mollica stated Council
called this issue up for review due to concerns over the sidewalk on the north side
of the courts, the proposed Town of Vail bus stop layout, and the paving of the
parking lot. He then reviewed the plans, and the PEC conditions for approval:
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1. That spotlights be installed on the eaves of the proposed building.
2. That the existing path south of the tennis courts be extended to the
parking lot and be paved.
3. That conduit necessary for permanent lighting be installed at the time of
construction.
4. That the parking lot be paved per previous approval.
5. That a sidewalk be provided on the north side of the tennis courts.
He noted the reason the UMRD was not proceeding with all four tennis courts was the
prohibitive cost at this point in time. He stated staff recommended approval to
the PEC because they felt the plans were in conformance with the Master Plan and
zoning on the property. There was some discussion regarding the sidewalk on the
north side of the tennis courts. Tom Steinberg suggested eliminating the paved
section and the sidewalk for at least a year. Ron Phillips also noted that as long
as this area was being used as a snow dump, it would be better if it remained
unpaved. Tom Steinberg made a motion approving the project with a hold on the
requirement of providing the sidewalk on the north side of the courts and paving of
the parking lot until a final decision has been made on the construction of the
last two tennis courts. Mery Lapin seconded. A vote was taken and the motion
passed unanimously 5-0.
There was no Citizen Participation.
At this time, Ron Phillips asked Council to address the issue of the July 4th Work
Session and Evening Meeting scheduled. Since that Tuesday would be a legal
holiday, he suggested they cancel the Work Session and postpone the Evening Meeting
until the next day or the following Tuesday, July 11. Tom Steinberg made a motion
to hold the Evening Meeting the following Tuesday, July 11, which Mery Lapin
seconded. A vote was taken and the motion passed unanimously 5-0.
Acting Mayor Affeldt noted that at the Work Session that afternoon Council approved
a supplemental appropriation to the road construction funds. He stated a friend
from out of town had commented to him how surprised he was to find how well things
worked here and how well things were taken care of. Eric felt this was refreshing
point of view; somebody notices.
Tom Steinberg asked why there was only a Colorado flag and no U.S. flag on the
Information Booth flagpole, to which Stan Berryman responded they were waiting on a
larger flag and lights before putting it up.
Mike Cacioppo remarked he was opposed to increasing the street funds because he
felt the business tax should be repealed and sales tax revenue used for marketing
instead of adding to the street funds.
• There being no further business, the meeting was adjourned at 10:00 p.m.
ATTEST:
�d y
Pam. Bran meyer, Town Clerk
. Minut6s;,6ken by Brenda Chesman
Respectfully submitted,
Eric ffel t, Acting Mayor
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