HomeMy WebLinkAbout1990-10-02 Town Council MinutesMINUTES
VAIL TOWN COUNCIL MEETING
OCTOBER 2, 1990
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, October 2, 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
Mery Lapin
Robert LeVine
Peggy Osterfoss
MEMBERS ABSENT: Jim Gibson
TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
The first item on the agenda was the approval of minutes of the September 4 and 18,
1990, meetings. Mery Lapin questioned Kristan Pritz as to the minutes of September
4, 1990, regarding the withdrawal of the request from the Mariott Mark for rezoning
ift on second reading. He asked what the staff's opinion was in going forward with that
even though the applicant does not wish to go forward with the request regarding
underlying zoning. Kristan stated that clearing up the underlying zoning would be
helpful for the western and middle portions that would become HDMF, with the eastern
portion being originally zoned PA. Mery Lapin asked if there was any question in
the staff's mind as to what the underlying zoning is as the property now stands.
Kristan stated that at this point in the staff's opinion it is clear, and needed to
be put into the SDD so if there was a question in the future the information would
be available. Kristan stated she would like to work with the applicant on the
application of the zoning. Mery stated that if there was any confusion as to what
the underlying zoning was, this would be the time to solve the problem and clarify
it for the record. Kristan stated that it was clear to her but thought it would be
helpful for any future staff person to define the position. Peggy Osterfoss made a
motion to approve the minutes of September 4 and September 18, 1990. Tom Steinberg
seconded the motion. A vote was taken and the motion passed unanimously.
There was no Citizen Participation.
The next item on the agenda was Ordinance No. 33, Series of 1990, first reading, an
ordinance amending Special Development District No. 4, Coldstream Condominiums.
Mayor Rose read the title in full. Shelly Mello presented the ordinance to the
Council, amending the GRFA allowed at Coldstream Condominiums and SDD No. 4. The
applicant is asking for an increase of 1032 additional square feet of GRFA. Shelly
stated that as a result of remeasuring the property, the GRFA was actually 66,878
square feet, rather than 63,968 square feet which was indicated in the Town of Vail
files. The staff recommends approval of the request with conditions as stated in
the staff memo. Shelly also stated the Planning Commission had approved the request
unanimously, with additional restrictions as listed on the first page of the memo.
Eric Hill, representing the applicant, gave a history of the project. The Council
raised concerns regarding the need to grant the additional GRFA, what the additional
space was to be used for, parking concerns, recreational amenities, and employee
housing. Shelly stated it had been disclosed that they had received their rec fee
back of approximately $23,000.00, which would have to be repaid when the applicant
requests to convert the existing facility. Tom Steinberg asked if it wouldn't make
more sense to ask for the additional GRFA when the condominium association was in a
position to request approval for the addition of an affordable housing unit, rather
than making it a two-step process. Peggy Osterfoss concurred. Mayor Rose felt the
consensus of the Council was that the concept of additional GRFA was not opposed,
but it should be granted when the applicant comes in for employee housing approval.
Kevin McTavish, representing the condominium association, stated the owners did wish
to use this additional GRFA for a deck expansion, but that the requirement to build
2-3 employee units in a given place was highly restrictive. He stated that the
racquet facility was unused at this time and would be the most likely spot for
41 employee housing. After a lengthy discussion, Mery Lapin made a motion to deny
Ordinance #33, Series of 1990, on first reading. Peggy Osterfoss seconded the
motion. Rob LeVine asked to go on record as saying that if and when the applicant
comes back and requests the space specifically for employee housing that he would be
receptive to approval. Mery Lapin agreed. Peggy Osterfoss stated that it would be
beneficial to have a more comprehensive plan in place before resubmittal. A vote
was taken on the motion and was passed unanimously.
The next item on the agenda was first reading of Ordinance #34, Series of 1990, an
ordinance relating to bed and breakfasts paying a Town annual business license fee
and being treated in the same manner as short term rental businesses. Mayor Rose
read the title in full. Sally Lorton, sales tax administrator, presented the
ordinance to the Council. Sally stated that the purpose of this ordinance was to
regulate bed and breakfasts in the same manner as short term rental businesses were
being regulated. Any unit with more than 2 rental units would be required to pay a
license fee. Mery Lapin asked how many units were presently licensed in the Town.
Sally stated there were two licensed and approximately 7 or 8 unlicensed businesses
in town. Larry Eskwith, Town Attorney, advised the Council that this ordinance was
identical to the short term rental ordinance. There was discussion as to which
businesses would be required to pay the business license fee. Mery Lapin made a
motion to approve Ordinance #34, Series of 1990, on first reading. Tom Steinberg
seconded the motion. Peggy Osterfoss stated that she felt both short term rentals
and bed and breakfasts should be contributing in some way to the marketing fund like
all other businesses in the community. For that reason, she felt that she would not
be able to vote in favor of this ordinance. Mery Lapin stated that considering the
enforcement problem and amount of monies it involved, he thought it was not good
legislation the way we presently were doing it. Mayor Rose stated that he shared
Peggy's thoughts on this, but also felt that with what was going to happen at the
County or State level with the reassessment of residential property to commercial
property, this ordinance and several other ordinances would need to be further
reviewed regarding commercial uses. Peggy Osterfoss agreed and concurred that some
other arrangement should be reviewed for a marketing fee that wasn't based on
operating a business. Tom Steinberg stated that they do contribute in a small way
by paying sales tax. Peggy Osterfoss asked how many do, in fact, pay sales ,tax.
Sally Lorton stated that the businesses do want to pay the sales tax, but did not
feel that a business license fee was appropriate. Mery Lapin stated that he felt
many of the businesses were doing this as a matter of survival, not as a profitable
business, and they were, in fact, helping the economy. A vote was taken on the
motion and the motion passed unanimously. Peggy Osterfoss stated that she had
inadvertently voted for the motion.
The next item on the agenda was the first reading of Ordinance #35, Series of 1990,
an ordinance defining the term "construction materials". Mayor Rose read the title
in full. Mery Lapin stated that he thought this ordinance had been presented to
Council previously and questioned the legality of it. Larry Eskwith stated that
this does not change anything, only defines the term. There was some discussion on
the definition of construction materials. A motion was made by Rob Levine to
approve Ordinance #35, Series of 1990, on first reading. Tom Steinberg seconded the
motion. Mery Lapin clarified the purpose of defining what are construction
10 materials for tax purposes, those items being considered construction materials
being tax exempt. A vote was taken and the ordinance was approved 5 - 1, Lynn
Fritzlen opposing.
The next item on the agenda was the action on the Forest Service Participating
Agreement, Ron Phillips addressed the Council regarding the work being done over
the past year by the Forest Service, the Town of Avon, the Town of Minturn, Eagle
County, and the two resort associations, to reach an agreement regarding the new
information center at Dowd Junction. Phillips stated that the agreement presented
to the Council had been approved by most of the entities involved, and $15,000.00 is
budgeted to contribute to that effort. This is the same amount that is being
contributed by the Town of Avon and Eagle County. The money contributed will be
used to construct a public area in the main entry office of the Forest Service
building for a visitor center. Tom Steinberg stated that Eagle County's
contribution was $13,500. Mery Lapin asked if the Town of Vail would be supplying
any personnel at the facility. Ron Phillips stated that URA and ABCRA have the
right to provide personnel if they desire. Bill wood, from the White River National
Forest Service office, stated that he had spent quite a bit of time over the last
year working with Ron and the signatories on the agreement, getting it to a point
where it was ready to be signed. He did state that the Avon/Beaver Creek Resort
Association, because of some internal considerations, is unable to sign this
agreement at this time. All of the other entities are receptive to this agreement.
He did not feel this would affect the VRA or the Town of Vail. Mery Lapin asked
what the annual operating costs were expected to be. Bill stated that he estimated
that the overhead costs would be approximately $10,000. This does not include
Forest Service personnel. Bill stated that the building the Forest Service is
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presently occupying will go back to its owners. Mayor Rose asked Bill to give an
overview of what will be housed in the new facility and the benefit to the
community. Bill stated that the building will be located at 1-70 and Highway 24.
Start-up date for building is May 1, 1991, with plans to be occupying the facility
in October of 1991. The office will be open 8-5 Monday through Friday on a
• year-round basis, with the office being opon on weekends during the summer months.
He stated that VRA had expressed an interest in staffing it on weekends on a
year-round basis. The Forest Service felt this was a highly visible location and
had high potential to serve as a Regional Information Center for all area entities.
Tom Steinberg asked if the Forest Service received credit for tap fees from the old
Meadow Mountain building that was previously on that site. Bill stated that he did
not believe they did. He stated the Forest had to develop their own water system
there, but the engineers were working on the sewer tap fee issue. Peggy Osterfoss
reiterated her concern of extending the hours of operation, particularly during the
summer. Bill agreed. A motion was made by Mery Lapin that the Participating
Agreement between the White River National Forest, the Avon/Beaver Creek Resort
Association, the Vail Resort Association, the Town of Minturn, the Town of Avon, the
Town of Vail, and Eagle County be approved. Tom Steinberg seconded the motion. A
vote was taken and the motion passed unanimously.
The next item on the agenda was the appeal of the PEC decision to approve the
preliminary plan, retaining wall height variance, and road grade variance for the
Spraddle Creek Subdivision: George Gillett, applicant. Mayor Rose excused himself
from the bench, as the company he works for has been involved in the design of the
project. He stated he would be available for any questions that should arise in the
discussion. Jay Peterson, representing the applicant, gave a brief history of the
• project prior to Kristan taking the floor. Kristan stated she would be hitting the
highlights of the proposal and that the staff did recommend approval on two
variances regarding retaining wall height, road grade variance, and the preliminary
plan. Kristan stated there were 14 buildable hillside residential lots, each of
which may have a caretaker unit up to 1200 square feet. Three employee housing
units will also be built. There was discussion regarding the time frame for
building the employee housing units. Kristan explained the soil -nailing system to
the Council. The staff had asked the applicant to look into this type of system for
the project. Various types of landscaping plants, bushes, and vines, were discussed
by the Council and applicant. Kristan reviewed each item in the staff memo dated
September 24, 1990, to the Council. A concern was expressed by Peggy Osterfoss
relating to the length of time the applicant will be responsible for the landscaping
of the project. Also, it was felt a minimum square footage amount for the caretaker
units should be determined between staff and the applicant. There was discussion
relating to an on -site livery being allowed within the subdivision. Kristan stated
that the next step would be to go back to the Planning Commission for final plat
approval. Peggy Osterfoss reiterated her concern for at least one employee housing
unit to be built in phase one of the project. Tom Steinberg requested that the word
"vines" be added to the list in Item #23. Kristan stated that the applicant had
worked very closely with the staff to ensure that all points were covered and
fine-tuned before presentation. Jay Peterson wished to mention that Bill Wood from
. the Forest Service had given a lot of his time in working with the applicant and
staff as well, in the preparation process. After some discussion relating to filing
fees vs. time spent on this project thus far, Mery Lapin made a motion that the PEC
decision and recommendations October 2, 1990, on the Gillett subdivision be
approved, with the clarification on Item #7, relating to only one woodburning
fireplace utilized in the total structure; on #9, that the life of the trees be
addressed to be at least 2 years and be replaced if they don't survive; on Item #19,
a minimum square footage be added and that a time be put on when the first employee
housing unit would be added; and on #17, put a definite time on the period rather
than saying two to three. Rob LeVine seconded the motion. Peggy Osterfoss stated
that a good job had been done by the staff and the applicant on this project thus
far. A vote was taken and the motion passed unanimously. Dan Corcoran stated he
would like to thank Kristan Pritz, Greg Hall, and Todd Oppenheimer, for their hard
work and for the department heads within the Town of Vail for their assistance.
The next item on the agenda was a request to amend the Town of Vail's snow avalanche
hazard map in the general vicinity of Vail Meadows, Filing No. 1. Greg Hall and
Shelly Mello, representing the Town of Vail, presented the item to the Council. A
map was handed out to the Council relating to Lot 22, Vail Meadows Filing No. 1.
The red and blue hazard areas were defined on the maps given to the Council. Art
Mears, an expert in the field of avalanche hazards, was hired by the Town to study
• the subject area and report back to the Town on his findings. The study being
proposed for adoption shows that the red hazard zone is moved uphill to the east
while the end of the blue zone essentially remains the same, as indicated in the
1977 study. The new study would allow for development on Lot 22. Art Mears gave a
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report to the Council on his findings. One of the major concerns was in regard to
the effects of the water tower above the subject lot if it were to be in the path of
an avalanche. The Council is being asked to amend the hazard map according to the
information found by the Mears' study, as the Town of Vail requested and paid for
the study, rather than the property owner. The Council asked Larry Eskwith what his
. opinion was as to who would be liable for the damage if the water tank were to
break. Larry stated that he would need to investigate the matter further before
giving an opinion. After some discussion, Peggy Osterfoss made a motion to approve
the request to amend the Snow Avalanche Hazard Map in the general vicinity of Vail
Meadows. Tom Steinberg seconded the motion. Tom Steinberg asked if Upper Eagle
Valley was aware of all this information. Jerry Bender from Upper Eagle Valley
Consolidated Water and Sanitation Districts addressed the Council and assured them
the district was very much aware of the study and possible liability and they were
reviewing the studies conducted. Motion passed 5-2, Mery Lapin opposing. Mayor
Rose thanked all concerned with work done on this project.
The next item on the agenda was an appeal of the DRB decision to deny approval of
construction of a fence/trench to mitigate rockfall hazard at Booth Falls. Greg
Hall of the Public Works Department, the applicant, presented the item to the
Council. There was discussion on the use of the trench/fence method as opposed to
the berm/trench presently being used to mitigate the rockfall hazard. Mayor Rose
stated that the Council should see the fence/trench solution presentation that the
DRB saw. Ken Brotsky, Senior Vice President of Banner Consulting Engineering and
Architects of Glenwood Springs whose firm has been retained by the Public Works
Department to design and monitor construction of a rockfall mitigation system, gave
a presentation on the fence/trench solution to the Council. He stated the fence was
• developed in Switzerland, and has been introduced in the United States within the
last 4-5 years. The proposal calls for removing a portion of the existing berm and
placing that material back into the trench to develop a wide flat area. The fence
could then be installed in the flat area. This flat area will also allow some room
behind the fence for equipment to remove any rocks that had fallen down. It was
felt that the area below the fence could be removed from the high hazard area with
the installation of this fence. Jill Kammerer asked Ken to address the stability of
the existing berm and whether the Council needed to be concerned about the solution
to the problem prior to next spring. Ken stated that there was a concern at the
same time last year and felt that precautions taken then eliminated the danger of
the berm coming down the hill. The cost of the fence is approximately $200,000.
Larry Eskwith asked the Council to deal with the matter of the appeal of the DRB
decision at hand, rather than get into the matters that may relate to a current
lawsuit involving the Town of Vail resulting from existing berm construction.
Discussion was held as to the landscaping to be done to eliminate the visual impact
of the scar currently on the mountainside, and who will be paying for the mitigation
to be done. Larry Eskwith again stated that the issue at hand was the DRB decision
regarding construction of the fence/trench, as opposed to areas the Council was
getting into at this time. Larry suggested that the Council should call an
Executive Session to discuss these concerns. Ray Story, Booth Falls resident,
voiced his concerns with the chain on events leading to the decision to install the
• fence/trench solution. Mayor Rose stated that he would not be able to make a
decision at this meeting, although he felt the discussion that was held was
beneficial in knowing what the DRB concerns were. He felt the next step would be to
go into an Executive Session in the very near future and discuss the Council's legal
responsibilities, liabilities, and thoroughly understand the issue, and then come
back into a public discussion. Larry Eskwith agreed. Larry stated to Ray Story
that the Town had not gone out to bid for this solution and that nothing has been
done to proceed with it. Because of the time limitations, it was felt that the Town
needed to get DRB approval as soon as possible so that if this was the solution
chosen, it could be done this fall. A motion was made by Lynn Fritzlen and seconded
by Mery Lapin to table this issue until further direction from the staff. Ron
Phillips, Town Manager, informed the Council that Joe Pellar called him today, owner
of the lot at the west end of the mitigation. Ron had been asked to express to the
Council Mr. Pellar's opposition to the fence. Mayor Rose stated to Larry that if
the motion did pass to table the issue, an Executive Session needed to be scheduled
as quickly as possible so the Council could understand the legal issues. Larry
suggested the next Council work session. Peggy Osterfoss asked Larry to also give
the Council guidance as to how the neighborhood could be involved in the solution to
this. A vote was taken and the motion passed unanimously.
The last item on the agenda was an appeal of the DRB decision to deny approval of a
. proposed bike path on the north side of Bighorn Road in Colorado Department of
Highway right-of-way. Mayor Rose stated that this was located mainly in the East
Vail area from Streamside Circle to the east Town boundary. Jill Kammerer and Greg
Hall presented the appeal to the Council. The wall in question could be constructed
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out of several different types of materials and these were presented to the
Council. The Highway Department was against the dry stack boulder wall. The DRB
voted against the wall only because of the 1100 foot longth. The wall varied in
height between 2-4-6 foot lengths. The cost of the wall was also a DRB concern. If
the wall were to extend above 6 feet, it would need a variance approved by PEC. The
application has been tabled at this time. dill Kammerer stated that the reason the
design of the wall had gone to Design Review Board before the wall height variance
had been requested was the materials to be used in constructing the wall would make
a difference in the height variance requested from the Planning Commission. Greg
reviewed the Highway Department's concerns over the wall and the widening of the
bike path. Tom Steinberg asked if there were traffic figures for automobiles using
this particular section of the road. Greg stated that these figures were available,
however, he did not have them with him. Peggy Osterfoss asked why the DRB was
concerned with the cost of the construction. Greg stated hat the DRB was possibly
over -stepping its boundaries at that point. Tom Steinberg stated that the reason he
asked about the traffic numbers is the possibility of one-waying traffic at that
point and bringing the traffic back through the developments and using some of the
highway right-of-way for bicycles on each side of the road. Tom was interested in
investigating a way to do away with the construction of the wall. Greg stated that
the road in question is a Town of Vail road that the Town has jurisdiction over.
The only concern the Highway Department would have is the fill flow. Much
discussion was held relating to the location of the path. Mery Lapin concurred with
George Lamb's memo regarding rerouting of the bike path, stating that there was
enough traffic on Bighorn Road, with cars and buses traveling there. Greg stated
that buses did not use this particular road on their routes. Mayor Rose stated he
thought it would be beneficial for the Council to take a look at the area in
question to see what options were available. Mery Lapin suggested getting input
to from local bikers also. A motion to table this issue until the Council reviews
their options was made by Rob Levine and seconded by Tom Steinberg. A vote was
taken on the motion and it was passed unanimously.
As there was no further business, the meeting was adjourned at 11:35 p.m.
ATTEST:
Pamela A. Brandmeyer, own Clerk
• Minutes taken by Mary A. Caster
Respectfully submitted,
Kent ft. Rose, Mayor
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