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HomeMy WebLinkAbout1991-04-16 Town Council Minutes•MINUTES VAIL TOWN COUNCIL MEETING APRIL 16, 1991 7:30 P.M. • A regular meeting of the Vail Town Council was held on Tuesday, April 16, 1991, 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 Pamela A. Brandmeyer, Town Clerk The first item on the agenda was the ten-year employment anniversary award for Todd Scholl of the Public Works Fleet Maintenance Division. Ron Phillips, Pete Burnett, and Kent Rose made remarks concerning Todd's tenure with the Town and Mayor Rose thanked Todd for his work. The second item on the agenda was Citizen Participation. Chuck Crist, with Vail Mountain Rescue, expressed thanks from that group for previous moneys the Council has contributed to the organization, also notifying Council they had just been recertified. Secondly, Mery Lapin introduced Galina Kozlova, from the Soviet Union, who is the interpreter for the Russian hockey team currently visiting Vail. Item No. 3 on the agenda was Debbie Comerford in a request to address the Town Council. Debbie expressed her appreciation of Council's time and asked for any comments or suggestions the Council might have in regard to the upcoming school board election and the conduct of that school board. In response, several suggestions were given. First, the school board must be very specific as to where the money goes and this should come in a readily understandable format. People feel the board does not have a handle on how the money is being spent. Furthermore, the board itself must understand the budget and each of its line items. A breakdown by schools or smaller segments, also known as site -based management, was discussed. Secondly, regarding the state funding issue, a pro active stance by the board would meet with voter approval. Debbie, if elected, was asked to come back to this Council, as well as to other councils and boards throughout the school district, to get support at such time as they may be appearing before the state legislature. The third item suggested had to do with before and after school programs, weekends, holidays, and so forth, that could be sponsored by the school district. Debbie then asked the board how they felt about an educational foundation and endowment for the school district and the council responded in a positive manner. Item No. 4 was the Consent Agenda. A. Ordinance No. 7, Series of 1991, second reading, an ordinance amending Section 9.34.030 of the Municipal Code of the Town of Vail, to provide that it shall be unlawful for any person under the age of twenty-one years to have in his possession any fermented malt beverage and amending Section 9.34.040 of the Municipal Code of the Town of Vail to make it unlawful for any person to sell any fermented malt beverages to any person under the age of twenty-one years and setting forth details in regard r ' 4. Garages be reduced to 600 square feet allowable for primary unit and an additional 300 sq. ft. of garage if an employee unit is provided. The motion was then seconded by Lynn Fritzlen. A vote was taken and the motion passed 5-1, with all but Mery Lapin voting for the motion. Item No. 7 was Ordinance No. 11, Series of 1991, first reading, an ordinance rezoning three tracts from hillside residential zoning, Section 18.09 to greenbelt and natural open space zoning, Section 18.38 within a parcel commonly referred to as Spraddle Creek, located north and east of the main Vail interchange and east of Spraddle Creek Livery. Mayor Rose read the title in full. Kristan Pritz stated this rezoning was an implementation of the final PEC subdivision approval. The PEC had voted unanimously to recommend approval of this rezoning to Council. Mery Lapin requested a clarification on taxes regarding this open space and requested that Jay Peterson and Larry Eskwith look into the actual ownership of the land at issue. Mery Lapin moved to approve the ordinance, with the second coming from Peg Osterfoss. A vote was taken and the motion passed 5-0-1, with one abstention by Kent Rose. Item No. 8 was Ordinance No. 12, Series of 1991, first reading, an ordinance directing the flown Manager to sign an agreement regarding a former strip of right-of-way. Mayor Rose read the title in full. Applicants were the Town of Vail and Manor Vail. Andy Knudtsen stated that in 1977 the Town conveyed a section of right-of-way to Manor Vail. The land conveyed was a 50-foot wide strip extending from Vail Valley Drive east past the front entrance of Manor Vail to the pedestrian bridge leading to Ford Park. When the Town originally conveyed the land, it conditioned the deed with six restrictions, including the requirement that Manor Vail dedicate a pedestrian easement through this area to the Town. However, a clause in the deed limited the restrictions to twenty years. Therefore, after 1997, the Town would not have a pedestrian easement to Ford Park. He explained the proposed ordinance would direct the Town Manager to sign an agreement which would release some of the conditions, and would make the pedestrian easement permanent. Tom Steinberg requested that signage be allowed at both ends of the easement, which was agreeaple to the applicant. Mery Lapin moved to approve Ordinance No. 12. Peg Osterfoss seconded that motion. A vote was taken and the motion passed unanimously, 6-0. Item No. 9 was Resolution No. 10, Series of 1991, a resolution increasing fees for certain Community Development services. Mery Lapin moved to approve this resolution, with the second coming from • Tom Steinberg. A vote was taken and the motion passed 5-1, with Lynn Fritzlen voting against this resolution. Item No. 10 was the Neuswanger appeal of a PEC decision to deny a wall height variance request. Jill Kammerer stated the applicant, Chris Neuswanger, had requested PEC approval of a front setback and wall height variances for the Neuswanger residence located within the primary/secondary zone district at 2642 Cortina Lane, Lot 6, Block B, Vail Ridge Subdivision. The PEC had approved the front setback variance in order to allow the construction of GRFA in conjunction with a garage within the front setback and had denied the wall height variance request. In response to questions from Council, Chris indicated the proposed wall heights in excess of 3'-011 were required and were not strickly an aesthetic issue. The wall height had to do with drainage for the actual lot because of the severity of the slope of that lot. Some members of Council did not believe a physical hardship had been presented and thought a break up of walls, more terracing, and landscaping with three foot maximum height in the walls, would be more appealing. • -3- t � 1 Mery Lapin restated his belief that the level of design and grading work done to date was conceptual and needed to be investigated in more detail to see if the need for a wall height variance and the drainage problems could be eliminated through alternative design solutions. Peggy Osterfoss moved to conceptually approve the variances, based on the fact the need for a wall height variance was a physical hardship resulting from the grade of the site. Because of the slope of the lot, Peggy did not believe the high walls would be highly visible if the wall were terraced and properly landscaped. She conditioned her approval with the request the wall be in a minimum of two sections, four feet apart, with ample landscaping between. Tom Steinberg seconded this motion. A vote was taken and the results ended in a tie with Rob LeVine, Lynn Fritzlen and Mery Lapin voting against approval, with means the motion failed. Upon further discussion, it was recommended to staff and Mr. Neuswanger he return to Planning commission and attempt to achieve a settlement through the Planning and Environmental Commission. There being no further business, Mery Lapin moved to adjourn the meeting at 10:45 P.M. Respectfully submitted, Kent R. Rose, Mayor ATTEST: Pamela. Brandmeyer, Town Clerk -4- 0