HomeMy WebLinkAbout1990-08-07 Town Council Minutesn
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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
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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.
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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
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Respectfully submitted,
�ent Rose, Mayor
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