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