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HomeMy WebLinkAbout1990-08-07 Town Council Minutesn U MINUTES VAIL TOWN COUNCIL MEETING AUGUST 7, 1990 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, August 7, 1990, 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 There was no Citizen Participation, the first item on the agenda. Next was a public hearing on the 1990-91 parking policies. Stan Berryman gave an introduction to the hearing stating the Parking and Transportation Advisory Committee had met several times to discuss recommendations for these policies. Arnold Ullevig then gave an in-depth presentation regarding the proposed policies and the reasoning for the changes from the current practices. He then held a question and answer session with Council and the public. Trevor Bradway felt the policies were discriminatory against Village workers and those who had paid into the parking fund for parking spaces in the Village Transportation Center. Josef Staufer commented that making employees (who get off work at 2:00 a.m.) park in Ford Park was unfair. There was some discussion regarding employees getting off at late hours, and why coupons worked well before and some people hated to get rid of them. Much discussion by the public and Council ensued regarding pros and cons. Rob Levine made a motion to table the item and send it back to the Advisory Committee for further review. Tom Steinberg seconded the motion. Jim Gibson stated he wanted to pass the program with the following conditions: lift restrictions on the Village parking structure parking; parking free at Ford Park; and other modifications to be made as the program went along. He felt this was a step in the right direction. Mayor Rose explained why he felt it should go back to the committee. A vote was taken and the motion passed 5-2, with Lynn Fritzlen and Jim Gibson opposed. Ron . Phillips asked Council to specifically name the items they felt the Advisory Committee should review. Lynn Fritzlen felt the added stress on employees because of the parking and housing situations was bad, and the plan could help by providing a pass specifically targeted to Village employees. Rob Levine thought the Village Transportation Center could be shared by a first come, first served basis by access or price; include the coupons at a reasonable rate; and there be one pass with no restrictions for $750, that the person could come and go as he pleased. Mayor Rose remarked since the audience felt the blue parking passes would promote more cars in the Village than the coupons, he felt a combined window sticker and coupon program was good and would work. He added he did not think there should be any summer charges for the Village parking structure, and was not sure differential rates on everything in the Village structure was proper. Jim Gibson thought a blue pass should have "a number of times used" and not "number of days." Peggy Osterfoss commented the audience wanted to have the ability to do what they wanted and parking where they wanted, and paying more was not an issue. The third item was a Consent Agenda of the following items: A. Approval of Minutes of July 3 and 17, 1990 Meetings B. Ordinance No. 19, Series of 1990, second reading, an ordinance modifying Section 18.13.080(A) of the Municipal Code of the TOV regarding density acontrol for the primary/secondary zone district (Applicant: Town of Vail) C. Ordinance No. 24, Series of 1990, second reading, an ordinance making supplemental appropriations from the Town of Vail general fund, capital projects fund, Communities for Drug -Free Eagle Valley fund, special parking assessment fund, Vail marketing fund and the real estate transfer tax fund, of the 1990 budget and the financial plan for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein. • D. Ordinance No. 28, Series of 1990, second reading, an ordinance amending the plan document of the Town of Vail employees' pension plan; and setting forth details in regard thereto. E. Ordinance No. 29, Series of 1990, second reading, an ordinance amending the Town's Police and Fire pension plan document subject to approval by sixty-five percent (65%) of the Town's Police and Firemen; and setting forth details in regard thereto. F. Ordinance No. 30, Series of 1990, second reading, an ordinance amending the trust agreement pursuant to the Town of Vail employees' pension plan; and setting forth details in regard thereto. G. Resolution No. 18, Series of 1990, a resolution authorizing certain Town employees and officers to sign checks drawing on an operating account to be opened by the Town at the FirstBank of Vail and further authorizing certain employees of the Town to make deposits in said account. H. Resolution No. 19, Series of 1990, a resolution authorizing the Town of Vail to rent a safe deposit vault at the FirstBank of Vail and authorizing certain officers to sign a lease therefor, to terminate the lease, to surrender the box, return the keys, and release the Bank from any liability in connection therewith. Mery Lapin made a motion to approve the Consent Agenda as presented. Tom Steinberg seconded the motion. There was no discussion by Council or the public. A vote was taken and the motion passed unanimously 6-0. Lynn Fritzlen was out of the room at the moment. Next was Ordinance No. 25, Series of 1990, second reading, an ordinance amending Special Development District No. 23, the Vail National Bank Building, and setting forth the details in regard thereto. Mayor Rose read the full title of the ordinance. Mike Mollica stated the only change made since first reading was under Section 4.E. A new paragraph had been added. Larry Eskwith then discussed Vail Associates' waiver of right of reverter clause which Jim Gibson had questioned at the first reading. Jay Peterson, representing the applicant, gave background information regarding the parking situation, and did not feel the ordinance's new paragraph 4.E. was fair. After some discussion by Council and Jay, a motion to approve the ordinance on second reading with the additional language was made by Mery Lapin. A second came from Rob Levine. A vote was taken and the motion passed 5-2, with Tom Steinberg and Lynn Fritzlen opposed. . Fifth on the agenda was Ordinance No. 22, Series of 1990, first reading, an ordinance amending SDD No. 7, commonly referred to as the Marriott Mark Resort, and the development plan in accordance with Chapter 18.40 of the Vail Municipal Code; and setting forth details in regard thereto (714 West Lionshead Circle, Lots 4, 7, C, D, Block 2, Vail-Lionshead 3rd Filing) (Applicant: M-K Corporation - Kaiser Morcus and Marriott Corporation). The full title was read by Mayor Rose. Jim Gibson made a motion to table this item until the September 4 evening meeting, per the applicant's request. Rob LeVine seconded the motion. Kristan Pritz explained what rezoning the applicant was trying to change to and why. A vote was taken and the motion passed unanimously 7-0. Next was Ordinance No. 27, Series of 1990, first reading, an ordinance amending Chapter 18.04 of the Vail Municipal Code by the addition of Section 18.04.035 Brew Pub; and amending Section 18.28.030 of the Municipal Code to add Brew Pub as a permitted use in the Commercial Service Center zone district; amending Chapter 18.28.040 of the Vail Municipal Code by the addition of Brew Pubs that sell beer wholesale and Brew Pubs which sell fifteen percent of the manufactured beer or ale for off -site consumption as conditional uses to the Commercial Service Center zone district; amending Chapter 18.28 of the Vail Municipal Code to provide certain restrictions in the operation of a Brew Pub; and setting forth details in regard • thereto. The full title was read by Mayor Rose. Andy Knudtsen gave brief background information on the request. He stated three changes to the Code which had to happen regarding this request for a brew pub: 1) it had to be defined; 2) Council had to make a brew pub a use by right; and 3) they had to state specific -2- items for conditional use. After some discussion, Andy then answered questions of Council. Mery Lapin then made a motion to approve the ordinance, which Jim Gibson seconded. Larry Eskwith suggested combining the two conditional uses shown in the ordinance into only one. Mery then amended his motion to approve the ordinance and to combine both conditional uses into one, and Jim amended his second. A vote was . taken and the motion passed unanimously 7-0. Seventh on the agenda was an appeal of the PEG decision to approve requests for an exterior alteration and landscape variance in order to construct an addition to the Lancelot Restaurant at the Bell Tower Building located at 201 Gore Creek Drive (Part of Tract A, Block 5B, Vail Village 1st Filing) (Applicant: Hermann Staufer, Lancelot Restaurant). Kristan Pritz gave background information on the exterior alteration request and explained why staff recommended approval with two conditions: 1. The applicant must remove railings surrounding the patio from November 1 to May 1 of each year. 2. The applicant must participate in a project involving the property owners and the Town's Public Works Department in an effort to resolve drainage problems adjacent to the Bell Tower Building. These drainage problems are a result of the undirected drainage off of the building. Staff does not feel that the applicant should be required to provide the solution individually. However, staff feels it is fair to require him, as a property owner in the building, to participate and pay for his fair share as deemed by the building association. Any drainage improvements necessitated by the deck enclosure shall be addressed by the applicant in the Design Review Board submittal and building permit plans. • Kristan then reviewed the landscape variance request and explained the reasoning for the request. She stated the staff recommended approval of the variance, and reviewed the Planning and Environmental Commission's vote for approval of 5-2. Kristan answered questions of Council. Peggy Osterfoss felt these were good ideas for the area. Tom Steinberg commented there should be an agreement with the applicant that he pay a parking fee, and if Council amends the ordinance and increases stated fees sometime during the next year, he would be increased as well. Peggy Osterfoss made a motion to uphold the PEC's decision to approve an exterior addition to the Bell Tower Building, finding that the granting of this variance would not constitute a grant of special privilege, and was substantiated by the Vail Village Master Plan which encourages a wide variety of activities, events, and street life along pedestrian ways and plazas, and including the conditions required in the staff memorandum dated July 23, 1990. The motion was seconded by Mery Lapin. A vote was taken and the motion passed unanimously 7-0. Peggy Osterfoss then made a motion to uphold the PEC's decision to approve a variance request to reduce the landscaping to increase the Lancelot's deck. She stated the granting of this variance would not constitute a grant of special privilege, and was in compliance with the Vail Village Master Plan, and including the conditions that the landscaping be added between the two buildings, and bench/possible boulder/Aspen tree be added to the Gore Creek Promenade greenspace as mitigation for the reduction . of the landscaped area. Tom Steinberg seconded the motion. A vote was taken and the motion passed unanimously 7-0. Next was an appeal of DRB approval of the proposed residence at 3010 Booth Creek Drive (Lot 4, Block 3, Vail Village 11th Filing) (Owner: George P. Caulkins, Jr.). Shelly Mello gave background information regarding the request. Eliot Goss, an architect representing the Caulkins, presented the Council with drawings of the building in question. Kristan and Shelly then answered questions of Council. Werner Kaplan presented to Council for their review photographs of residences in the neighborhood, stating reasons why he was opposed to the building of the new home next door. Harry Frampton, a neighbor, requested Council overturn the DRB decision because he felt the Swiss style chalet in a contemporary neighborhood was totally out of place, plus the house needed a garage. August Grassis and Byron Rose, neighbors, supported Mr. Frampton's statements. Pepi Gramshammer felt the house was fine and should be approved, that everyone should have the right to build his/her own home. George Caulkins read aloud a letter he received from Rod Slifer in support of the chalet style as far as real estate price was concerned. After much discussion by Council, staff, and the public, Mery Lapin made a motion to uphold the DRB decision with the conditions the shutters be done in a solid color, a landscaping plan be incorporated on the open area, and a two car garage be put on the property. Rob Levine seconded the motion. Ned Gwathmey stated how the DRB had • come to its decision. A vote was taken and the motion passed 4-3, with Mayor Rose, Tom Steinberg, and Lynn Fritzlen opposed. Mike Cacioppo gave reasons why he was against the Council's decision. -3- At this time, Council decided to take the last two items out of order to expedite the last item a member of the public was waiting to address. Therefore, action on proposed lease between the TOV and the Eagle County School District for a playground at the Red Sandstone Elementary School site at 551 North Frontage Road was next. There was no discussion by Council or the public, except to delete the staff • recommendation that the lease be conditioned on the School District renewing the Town's lease on the elementary school gym. Mery Lapin made a motion to approve the lease agreement, which was seconded by Jim Gibson. A vote was taken and the motion passed unanimously 7-0. Discussion regarding an appeal of a DRB decision on the Wittemyer residence which included a new detached garage and gondola building and a revised front entry (338 Rockledge Road; Lot 1, Block 1, Vail Valley 3rd Filing) (Applicant: Mr. Wittemyer) was next. Mike Mollica remarked this item, which had been approved by the DRB, had been called up by the Council. He presented drawings of the plans and a scale model of the detached garage and house. Mike added it had been a unanimous decision to approve the plans by the DRB. Ned Gwathmey, Chairman of the DRB, gave additional information regarding the plans and DRB's reasoning for the decision made. John Wittemyer also added background information. Ned then answered questions of Council. Lynn Fritzlen made a motion to uphold the DRB decision, which Peggy Osterfoss seconded. A vote was taken and the motion passed 6-1, with Mery Lapin opposed. There being no further business, this meeting was adjourned at 12:15 a.m. ATTEST: Pamela A. Brat yer, Town Clerk Minutes taken by Brenda Chesman is E Respectfully submitted, �ent Rose, Mayor -4-