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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