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HomeMy WebLinkAbout1990-04-17 Town Council Minutes• MINUTES VAIL TOWN COUNCIL MEETING APRIL 17, 1990 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, April 17, 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 was the Vail Metropolitan Recreation District offer to return $25,000 to the Town of Vail; reduction in Town of Vail recreation subsidy. Tim Garton, VMRD is He read a letter regarding this subsidy from the VMRD Board to the Council. He further stated that if projected revenues materialize, the additional $25,000 will be returned to the Town of Vail by the fall of 1990. Following limited questioning, this check was accepted by Mayor Rose. Item two was a presentation of the Colorado Tourism Board 1989 Urban Tourism Award to Council from the Vail Valley Marketing Board. Frank Johnson, Chairman of the VVMB, reviewed current and future projects of the Marketing Board for summer marketing. He stated the Urban Tourism Award was one of seven awards given; he listed several other Denver area advertising awards won by the VVMB. Frank thanked the Council for their support. Mayor Rose felt the thanks needed to go back to the Marketing Board for their time and effort. Third on the agenda was a consent agenda of the following items: A. Ordinance No. 6, Series of 1990, second reading, an ordinance repealing and reenacting Chapter 8.32 of Title 8 of the Municipal Code of the Town of Vail to expand, strengthen, and clarify Code provisions relating to smoking in public places and places of employment. B. Ordinance No. 11, Series of 1990, second reading, an ordinance re -zoning • Lots 3, 4, and 5 of Vail Valley Third Filing, a part of Sunburst replat, to Special Development District No. 24, in accordance with Chapter 18.40 of the Vail Municipal Code; and setting forth details in regard thereto. C. Ordinance No. 13, Series of 1990, second reading, an ordinance repealing and reenacting Ordinance No. 23, Series of 1988, to provide changes to Special Development District No. 22 that concern lot size and corresponding GRFA; and curb cuts; and employee dwelling units; and architectural guidelines; and setting forth details in regard thereto. D. Ordinance No. 14, Series of 1990, second reading, an ordinance repealing Ordinance No. 40, Series of 1987 and approving Special Development District No. 19, Garden of the Gods, in accordance with Chapter 18.40 of the Municipal Code and setting forth details in regard thereto. E. Ordinance No. 15, Series of 1990, second reading, an ordinance amending Section 2.04.050 of the Municipal Code of the Town of Vail changing the order of business in regular and special meetings of the Town Council; and setting forth details in regard thereto. F. Resolution No. 11, Series of 1990, a resolution ratifying the Articles of . Association of the Northwest Colorado Council of Governments. Mayor Rose read the full title of each. Mery Lapin moved that a consent agenda of only items E and F be approved; all others be pulled off for discussion. Tom Steinberg seconded. A vote was taken and the motion passed unanimously 6-0. Therefore, the next item was Ordinance No. 6, Series of 1990, second reading, an • ordinance relating to smoking in public places and places of employment. Ron Phillips stated the ordinance had not changed since first reading, and staff did not have anything to add. Matt Carpenter questioned one section of the ordinance, to which Larry Eskwith responded. Mery Lapin made a motion to approve the ordinance, which Peggy Osterfoss seconded. A vote was taken and the motion passed unanimously 6-0. Ordinance No. 11, Series of 1990, second reading, an ordinance rezoning Lots 3, 4, and 5, Vail Valley 3rd Filing, a part of Sunburst replat from primary/secondary residential to special development district. Tom Braun stated there was one minor change to the ordinance, which he discussed. He then very briefly reviewed Council requests from first reading. Peggy Osterfoss made a motion to approve, which was seconded by Robert Levine. There was a short discussion regarding this SOD use as setting a precedent. Mery Lapin was concerned about using the SOD process in a low density residential area, and would change his vote from how he voted at first reading. Lynn Fritzlen agreed the SOD was not the best mechanism, but the only way right now until housing guidelines were in place. Mayor Rose agreed, and would vote in favor of the ordinance tonight. A vote was taken and the motion passed 4-2, with Tom Steinberg and Mery Lapin opposing. Next was Ordinance No. 13, Series of 1990, second reading, a request for an • amendment to SOD No. 22, a resubdivision of Lots 1-19, Block 2, Lionsridge Filing U . Kristan Pritz quickly reviewed changes Council had requested be incorporated into the ordinance since first reading. There was some discussion regarding a bus stop, to which Mr. Pat Dauphinais stated he would provide a letter of credit for one. Council felt that was agreeable. Tom Steinberg then made a motion to approve the ordinance as amended, which Mery Lapin seconded. A vote was taken and the motion passed unanimously 6-0. Ordinance No. 14, Series of 1990, second reading, a request for a special development district at the Garden of the Gods on Lot K, Block 5, Vail Village 5th Filing, and a portion of P-2, Block 3, Vail Village 5th Filing, at 365 Gore Creek Drive. Kristan Pritz addressed questions of Gretta Parks and Council. A motion to approve the ordinance was made by Peggy Osterfoss and seconded by Robert Levine. Connie Knight, a property owner, aired her concerns over the possible approval of this SOD request. Kristan then answered questions of Council. There was some discussion by Council regarding building size and mass. Tom Steinberg requested an annual letter regarding employee housing use. Peggy amended the motion to include this request; Rob amended his second. A vote was taken and the motion passed 5-1, with Lynn Fritzlen opposing. Item eight was Ordinance No. 16, Series of 1990, first reading, an ordinance • amending View Corridor No. 1. Mayor Rose read the full title. Tom Braun reviewed an architect scale model of the request. He then noted the Planning Commission's 6-1 recommendation for approval by changing the photo and not the line. Tom then reviewed the criteria used in evaluating the request noting views from other buildings were not included. He stated staff supported the project with two conditions: 1. The photo depicting View Corridor No. 1 be modified to reflect the new Red Lion Building at a time when the expansion is completed. 2. The specific reasons justifying this request be included in the preamble of the ordinance authorizing this amendment. Tom then reviewed the ten conditions required by the Planning Commission for their approval, which were itemized in the staff memo to Council dated April 17, 1990. He added there was also an eleventh condition to be added, which stated the Red Lion would participate in a streetscape special improvement district if and when formed. There was some discussion by Council and staff regarding notice of action on the Red Lion improvements. Larry Eskwith commented he would have felt more comfortable if all the items were included on the agenda mentioned the appeal of the PEC action, and recommended Council table the item until the next Evening Meeting. Tom • Steinberg felt it was alright to table the item, but we should take comments so staff can be working on Council concerns before the next time. Jay Peterson, representing the applicant, stated this was the first he had heard of a notification problem, and with the construction season so short, the delay would put them -2- behind. Gordon Brittan felt Tom Braun's presentation was hard to understand and asked to see the scale model up close and hear the presentation again. After Tom Braun ran through it again, Jay Peterson gave reasons why he felt the Planning Commission approved, and why the Council should approve. Jim Morter, architect for the project, presented photos to Council of the view line. Jay added reasons why S the project was good. Jay, Jim, and Larry answered questions of Council. Yvonne Mullaley made comments on the roof design. After more discussion by Council, Connie Knight asked for the view corridor to be specifically dealt with separately from the Red Lion improvements. After much more discussion by Council, Mery Lapin made a motion to approve the ordinance on first reading, and directed staff to place the ordinance on the May 1, 1990 Evening Meeting agenda directly after the Red Lion application. Mayor Rose seconded the motion. A vote was taken and the motion passed 4-2, with Tom Steinberg and Lynn Fritzlen opposing. Next was the National Velvet Dry Cleaners sign variance request. Shelly Mello reviewed the request and criteria used in evaluating the request. She stated staff supported the height and location variance requests, but not the one square foot increase in size. Shelly noted the Design Review Board unanimously voted 5-0 for approval for all three requests. Bill House, the applicant, requested the one square foot increase to match the liquor store sign. After some discussion by Council, Lynn Fritzlen made a motion to approve the height and location variance requests of the sign, but not the increased size, for reasons presented by staff and finding the same as staff as noted in the staff memo to the Design Review Board dated April 4, 1990. Robert Levine seconded the motion. A vote was taken and the motion passed unanimously 6-0. • At this time, it was felt a motion should have been made to table the call up of the Red Lion conditional use, variances, and exterior alteration to the May 1, 1990 Evening Meeting for adequate notification of the public. Mery Lapin made the motion, and Peggy Osterfoss seconded. A vote was taken and the motion passed unanimously 6-0. A side and rear setback variance request for Lot D-7 Bighorn Terrace was next on the agenda. Shelly Mello explained the variance request and discussed staff's recommendation for denial, while the Planning Commission had voted in favor of the request. She then reviewed the criteria used in evaluating the requests and answered questions of Council. Eric Hill, architect representing the applicant, explained the one foot side setback. Lynn Fritzlen suggested staff look into rezoning of the subdivision. Peggy Osterfoss made a motion to approve the side and rear setback requests, because there was not a significant intrusion beyond the original footprint, and stating a hardship was the result of the building already being in place when the setback was determined. Robert Levine seconded the motion. A vote was taken and the motion passed 5-1, with Lynn Fritzlen opposing. Tom Steinberg then made a motion for staff to address the local neighborhood into the total zoning issue, to which Mery Lapin seconded. A vote was taken and the motion passed unanimously 6-0. Next on the agenda was the Lions Ridge rockfall amendment. Tom Braun reviewed the hazard ordinance standards for rockfall zoning changes within the Town. He stated staff had no recommendation and asked the applicant's consultant for a report on why the area should be rezoned medium severity instead of high severity. Robert Irish, an engineering geologist, representing Jill Down and Bruce Canton, discussed his review letter on the Lions Ridge hazard area. He and Tom then answered questions of Council. Mayor Rose remarked he agreed with Mr. Irish. After some discussion by Council, Lynn Fritzlen made a motion to reclassify the area from high to medium severity rockfall, accepting Robert Irish's study, and directing staff to amend the Town's rockfall records. Robert Levine seconded the motion. A vote was taken and the motion passed unanimously 6-0. Action on the ABC School lease agreement was the twelfth item. Larry Eskwith commented the lease was almost a duplicate of the Learning Tree's agreement which was before Council two years ago. He added there was no Exhibit A, however, and asked Council to approve the agreement contingent upon having ABC School provide a survey of the area including the addition after construction was complete. Lynn Fritzlen made a motion to approve the agreement as presented, with the stipulation that the ABC School provide the Town with an improvement survey after the alterations have been made. Robert Levine seconded the motion. Mery Lapin suggested wording be added that the school be run by a Board of Directors that is . elected by the parents of the students. Lynn and Rob amended the motion and second. A vote was taken and the motion passed unanimously 6-0. -3- The last item on the agenda was action on Vail Village Inn space lease agreement. Larry Eskwith noted the lessee was not prepared to discuss the item tonight, and requested it be postponed to the May 1 Evening Meeting. A motion to table the item to the May 1 Evening Meeting was made by Tom Steinberg and seconded by Peggy Osterfoss. A vote was taken and the motion passed 5-0, with Mery Lapin abstaining. • There was no Citizen Participation. There being no further public business, the meeting was adjourned at 11:05 p.m. ATTEST: Pamela A. Brandmeyer, own Clerk • Minutes taken by Brenda Chesman 0 11 Respectfully submitted, Ken KR.!Rose, Mayor -4- L