HomeMy WebLinkAbout1990-02-06 Town Council Minutes•
MINUTES
VAIL TOWN COUNCIL MEETING
FEBRUARY 6, 1990
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, February 6, 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
Jim Gibson
Mery Lapin
Robert LeVine
Peggy Osterfoss
MEMBERS ABSENT: Lynn Fritzlen
TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
The meeting began with the approval of minutes of the January 2 and 16, 1990
meetings. There was no discussion by Council or the public. Mery Lapin made a
motion to approve the minutes as presented, which Peggy Osterfoss seconded. A vote
was taken and the motion passed unanimously 6-0.
Next on the agenda was Ordinance No. 1, Series of 1990, second reading, regarding
the Doubletree Special Development District No. 14. The full title was read by
Mayor Rose, Kristan Pritz gave brief background information regarding the
Doubletree project, and noted there were no changes made from first reading.
Kristan and Peter Jamar then answered questions of Council. Mery Lapin made a
motion to approve the ordinance, and Tom Steinberg seconded. A vote was taken and
the motion passed unanimously 6-0.
The third item was Ordinance No. 3, Series of 1990, first reading, an ordinance
amending Title 8 of Health and Safety of the Municipal Code of the Town of Vail by
the addition of Chapter 8.36 Skier Safety. Mayor Rose read the full title of the
ordinance. Buck Allen briefly explained what the ordinance was for and what it
would do. He then answered questions of Council. Peggy Osterfoss requested
"snowboarder" be included in each section beside "skier." After further discussion,
it was decided to change "cross country" to "telemarking" in Section F. A motion to
approve the ordinance with the noted changes was made by Tom Steinberg and seconded
by Mery Lapin. A vote was taken and the motion passed unanimously 6-0.
Item four was Ordinance No. 4, Series of 1990, first reading, an ordinance approving
• an intergovernmental agreement between the Town of Avon, Eagle County, and the Town
of Vail regarding the Berry Creek 5th Filing and the Miller Ranch. The full title
was read by Mayor Rose. Larry Eskwith explained the ordinance and reviewed changes
made since the Council last saw the agreement. He reviewed the change to paragraph
2, and answered questions from Council. He and Council then discussed the intent of
paragraph 9, and clarification of paragraph 9.D. It was also noted there was a
typographical error on page 1, line 2, to be corrected to read "by and among."
After much discussion, Robert LeVine made a motion to approve the ordinance with the
noted changes in the agreement. Tom Steinberg seconded the motion. A vote was
taken and the motion passed unanimously 6-0.
Next on the agenda was Ordinance No. 5, Series of 1990, first reading, an ordinance
amending the Arterial Business Zone District to allow private off-street surface
parking as a conditional use. Mayor Rose read the full title. Mike Mollica stated
the request for the amendment to the zoning code was being made by Vail Associates.
He reviewed the criteria used in evaluating the request, explained why the Planning
and Environmental Commission (by a unanimous vote of 7-0) and the staff recommended
approval to change the zoning code, and answered questions of Council. Ted Ryzick,
of Vail Associates, gave further explanation regarding the requested zone change.
After much discussion by Council, Jim Gibson made a motion to approve the ordinance
as presented. Robert LeVine seconded the motion. Peggy Osterfoss stated her
ob concerns over the proposed zone district changes. A vote was taken and the motion
passed 4-2, with Peggy Osterfoss and Mery Lapin opposing.
Next was Resolution No. 3, Series of 1990, a resolution proclaiming the week of
February 12-19 as Skier Safety Awareness Week, Buck Allen distributed "I Care"
buttons to Council, and gave a brief explanation regarding the resolution. Mery
Lapin made a motion to approve the resolution, which was seconded by Jim Gibson. A
vote was taken and the motion passed unanimously 6-0.
Seventh on the agenda was Resolution No. 4, Series of 1990, a resolution designating
Presidents Weekend, February 17-19, 1990, as the loth Annual Smokeless Weekend.
Susan Scanlan stated this resolution encouraged people, for the tenth year in a row,
to refrain from using fireplaces and woodstoves during the Presidents Weekend. Tom
Steinberg made a motion to approve the resolution, which Peggy Osterfoss seconded.
Robert Levine suggested trying to get residents to use their fireplaces and
woodstoves less throughout the year, because guests would not want to do it. Susan
responded this was one of the items they were working on now. A vote was taken and
the motion passed unanimously 6-0.
At this time, Larry Eskwith asked Council to go back to the Intergovernmental
Agreement. He had forgotten earlier to mention one minor change to the last
sentence of paragraph 10. All Councilmembers agreed with the change made.
The L'Ostello sign variance request was next on the agenda. Tom Braun explained
some changes made in the application since the staff memo was given to the Council.
There was some discussion by Council regarding the differences between the Finishing
Touch sign variance and this request. Kristan Pritz and Mike Mollica reviewed the
differences.
• Mayor Rose took a moment to announce the unofficial results of the VMRD swimming
pool complex election. He stated the vote was 992 against, and 199 in favor of the
pool.
The discussion of the L'Ostello sign variance request continued. Tom Braun answered
questions of Council regarding the previous signage of the building. Peggy
Osterfoss commented the request was no larger than the previously existing signs,
and the owner needed the variance for visualization, so she felt the request was
reasonable. Robert Levine questioned the old paint spotlighted on the side of the
building, to which Jay Peterson, representing the applicant, responded it would be
taken care of. He also noted the landscaping, painting, etc. for the exterior would
be taken care of this summer. Peggy Osterfoss made a motion to approve the variance
question, finding this was not a grant of special privilege, and was a hardship for
the owner. Tom Steinberg seconded the motion. A vote was taken and the motion
passed unanimously 6-0.
The ninth agenda item was appointment of Design Review Board members and Planning
and Environmental Commission members. Ron Phillips remarked that Al Weiss would
like his name added to the list of DRB applicants. There was some discussion by
Council regarding appointments to committees by a majority vote. Tom Steinberg
stepped down due to Erik Steinberg's application. Applicants for the Planning and
• Environmental Commission were Erwin Bachrach, Diana Donovan, James Johnson, Ludwig
Kurz, Erik Steinberg, and Al Weiss. A vote was taken and Diana Donovan and Ludwig
Kurz had the majority votes for the two PEC openings. Mery Lapin made a motion to
appoint Diana and Ludwig to the PEC for a two year term, which was seconded by
Robert Levine. A vote was taken and the motion passed 5-0, with Tom Steinberg
abstaining. At this time, Robert LeVine made a motion to reappoint Jim Shearer and
Connie Knight for a two year term. They were both appointed in December to complete
terms for two former members whose terms ended February 1990. Mayor Rose seconded
the motion. A vote was taken and the motion passed 5-0, with Tom Steinberg
abstaining. Applicants for the Design Review Board were Erwin Bachrach, Patricia
Herrington, and Al Weiss. A vote was taken and Patricia Herrington had the only
majority vote. Mery Lapin made a motion to appoint Patricia Herrington to the DRB
for a two year term, which was seconded by Robert LeVine. A vote was taken and the
motion passed 5-0, with Tom Steinberg abstaining. Council directed Kristan Pritz to
readvertise for the other opening on the DRB.
There was no Citizen Participation.
Mery Lapin suggested the Council direct staff to look into removing the franchise
fees on Public Service of Colorado, AT&T, Holy Cross Electric Association, and 60%
of the franchise fee on Heritage Cablevision. He explained he felt since the Town
was doing so well, Council should lower taxes, and could do so by reducing the
franchise fees. Mayor Rose responded that he felt now was not the time, but maybe
at a later date. Peggy Osterfoss agreed with Mayor Rose. Jim Gibson stated he
agreed with Merv's concept, and he felt it was a good idea and the time to do it was
-2-
now. After much Council discussion, it was decided the item could be brought up
again during the budget process later this year.
There being no further business, the meeting was adjourned at 9:40 p.m.
• Respectfully submitted,
Aent. Rose, Mayor
ATTEST:
I 4atrzin Clerk
Minutes_ taken by Brenda Chesman
0
•
-3-
h