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HomeMy WebLinkAbout1992-10-20 Town Council MinutesMINUTES VAIL TOWN COUNCIL MEETING OCTOBER 20, 1992 7:30 P.M. • A regular meeting of the Vail Town Council was held on Tuesday, October 20, 1992, in the Council Chambers of the Vail Municipal Building. Mayor Osterfoss called the meeting to order at 7:30 P.M. MEMBERS PRESENT: Peggy Osterfoss, Mayor Mery Lapin, Mayor Pro-Tem Bob Buckley Rob LeVine Jim Shearer Tom Steinberg MEMBERS ABSENT: Jim Gibson TOWN OFFIChkLS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Assistant to the Town Manager Martha Raecker, Town Clerk The first item on the agenda was Citizen Participation. Joe Taylor, Republican Candidate for the Colorado House of Representatives, 56th District, introduced himself, and briefly discussed his experience. Next under Citizen Participation, Bill Wilto requested "No Vehicular Traffic" signage be posted at the area near Crossroads and the Vail Athletic Club. He had observed broken gates were trapping tourists driving cars in the area. Ron Phillips was directed to follow-up. Item No. 2 on the agenda were introductory comments by Rod Slifer, Republican candidate for Eagle County Commissioner, District 1. When asked, Rod said he was in favor of the We Recycle program, and felt it was appropriate for the County to provide continued funding. Item No. 3 was a presentation by Lyndon Ellefson of Vail Associates, Inc., on behalf of "Team Vail." Mr. Ellefson discussed Team Vail's participation in the 8th Annual Mountain Running World Championships in Susa, Italy. He advised the team took first place, and thanked Council, TOV, and the Special Events Commission for helping make the team's participation possible. He then presented TOV with Team Vail's winning trophy. Mayor Osterfoss said TOV would find a place of honor for the trophy, and acknowledged the team's wonderful accomplishment. Item No. 4 was the appointment of one of four applicants to the Design Review Board (DRB) to complete Pat Herrington's term. Applicants Bob Borne, Eddy Doumas, Laura Nash, and Carmen Weiner had been interviewed at the October 13, 1992, work session. A ballot vote was taken, and when the results were in, Tom Steinberg moved to appoint Bob Borne, with a second from Jim Shearer. The motion passed unanimously, 6-0. Item No. 5 was a Consent Agenda consisting of two items: Ordinance No. 10, Series of 1992, second reading, an ordinance amending Section 3.48.40 and 3.48.090 of the Municipal Code of the Town of Vail to provide that the Real Estate Transfer Tax (RETT) may be used for the acquisition and improvement of real property within the limits of the Town or within a mile of the Town boundaries; providing more specificity as to what the funds received by the Town pursuant to the Real Estate Transfer Tax can be used for; and setting forth details in regard thereto, and Ordinance No. 28, Series of 1992, second reading, an ordinance amending Section 5.04.140 -Termination, of the Municipal Code of the Town of Vail, extending indefinitely Chapter 5.04 - Annual Business License for Marketing. Mery Lapin moved to remove both items from the Consent Agenda for additional discussion. Tom Steinberg seconded the motion. A vote was taken and the motion passed unanimously, 6-0. Mayor Osterfoss read the title of Ordinance No. 10, Series of 1992, in full. Larry Eskwith noted, since first reading, language was changed to limit landscaping of public rights -of -way along the I70 corridor, that landscaping was to be limited to tree planting and related improvements to keep the trees healthy and well maintained. There was also language clarification regarding landscaping of recreation paths. Bill Wilto reiterated comments he made on first reading. He still felt landscaping public rights -of -way was an unacceptable stretch of RETT funds beyond the original intent for those funds. Mac Hodge, President of the Vail Board of Realtors, Ken Wilson, member of the ad -hoc subcommittee for realtors, Hermann Staufer, John Nilson, Rod Slifer, and Jo Brown also spoke in opposition to any change in the RETT ordinance which would expand use of RETT funds beyond their original intent. Mayor Osterfoss said it was in a spirit of compromise that Council suggested on first reading the landscaping included in this ordinance be limited to something permanent which would add visually to Vail's open space experience. Mr. Wilto felt the addition of landscaping rights -of -way made the use of RETT funds too broad. He added landscaping was desirable, but from another fund. Rob LeVine initiated brief discussion about current budget details related to the TOV RETT fund balance, and then suggested removing landscaping along I70 from this ordinance, with a change in the TOV budget to move $10,000 for the tree planting program from the RETT Fund into the General Fund. Mery Lapin moved to approve Ordinance No. 10, Series of 1992, on, second reading with a change in item 2e to read only, "Landscaping parks and open space." Additionally, he moved, as part of this ordinance Council instruct staff to move $10,000 for the tree planting program from the RETT Fund into to the General Fund landscaping budget. Jim Shearer seconded the motion. Before a vote was taken, Mayor Osterfoss noted she felt for $10,000, in the interest of future compromise and flexibility from all parties involved, she was willing to support Merv's motion, Tom Steinberg called the question. A vote was taken and the motion passed unanimously, 6-0. Next was additional discussion of Ordinance No. 28, Series of 1992, second reading. Mayor . Osterfoss read the title in full. Larry Eskwith noted one change in the language of Section 5.04.140 of the ordinance indicating the Council appointed Marketing Board would report to Council on or before August 31, 1996, rather than on August 31, 1996, Mery Lapin stated he was uncomfortable extending the annual business license fee for marketing indefinitely, and wanted a four year sunset provision as a way of holding the Vail Valley Marketing Board (VVMB) accountable. Tom Steinberg felt it would be helpful to strengthen the ordinance language requiring evaluation of the marketing program. Rob LeVine suggested instead of on or before August 31, 1996, the language be changed to read, "annually on or about August of each year." Mayor Osterfoss noted the problem with putting the four year sunset provision on at this point in time was, in fact, part of potential complications should Amendment No. 1 pass. Hermann Staufer emphasized the business community was in support of this tax because they recognized the need to market Vail, but he urged Council not to make the annual business license fee indefinite. Ken Wilson spoke in favor of the four year sunset provision. Mayor Osterfoss suggested addition of language in the ordinance to indicate there would be a merchant poll on an annual basis. This would allow the merchants a voice, as Tom Steinberg had suggested, rather than just the voice of second homeowners and others who might not be interested in marketing Vail. Mery Lapin moved that Ordinance No. 28, Series of 1992, be approved on second reading with the following changes: Section 5.04.140 - Termination, would read, "The Town Council, having evaluated the marketing program in this Chapter, hereby extends this Chapter until November 1, 1996, from the effective date • of this ordinance." The following paragraph would read, "At a regular or special Town Council meeting or Town Council work session, on or before August 31 of each year, the marketing board appointed by the Town Council shall report to the Town Council members on the Marketing Board on the effectiveness of the marketing and promotional program financed by funds raised pursuant to this Chapter, and shall make recommendations to the Council in regard thereto. Subsequent to this report, the Town Council shall evaluate the program and this Chapter. There shall be a non -binding poll of business licensee payees on or before November 1, 1996." Jim Shearer seconded the motion. Before a vote was taken, Larry Eskwith suggested inclusion of language in the ordinance to indicate if the non -binding poll was inadvertently not taken, the ordinance would not be invalidated in any way. Mery added that to his motion. Tom Steinberg suggested an additional language change extension of the Chapter by either three or five years, in order to avoid having to re -discuss this issue at an election time, particularly should Amendment No. 1 fail this year and return in four years. Consensus was reached on a five year extension, and Mery added that to his motion. A vote was taken and the motion failed, 3-3, Rob LeVine, Bob Buckley, and Mayor Osterfoss opposed. Rob LeVine then moved to make a motion similar to Merv's except the Chapter would be extended indefinitely rather than until November 1, 1997. There would be an annual VVMB review and a non -binding merchant poll every four years. Bob Buckley seconded this motion. Before a vote was taken, Rob moved to change his motion to not include the non -binding poll in the ordinance and that staff be directed to perform the poll as frequently as Council desired. Bob Buckley seconded this change to Rob's motion. A vote on Rob's motion was taken and the motion failed, 3-3, Mery Lapin, Tom Steinberg, and Jim Shearer opposed. Rob LeVine then moved to table this ordinance. Larry Eskwith was uncertain if tabling was possible at this time, and needed to check the timeframe involved. 2 Considering the possibility that Amendment No. 1 might pass, Ron Phillips suggested adopting this ordinance now without a sunset provision, and that Council make a commitment that if Amendment No. 1 did not pass, they would revisit this issue in November or December this year and place a sunset provision on it. At this point, Larry Eskwith . established there was time to table this ordinance, but action had to be taken before December 31, 1992, or the business license would expire. Rob amended his motion to add an unwritten understanding that should Amendment No. 1 fail on November 3, 1992, Council would revisit this issue and add a sunset provision. Bob Buckley seconded this amendment to Rob's motion. A vote was then taken and the motion passed unanimously, 6-0. Item No. 6 was Ordinance No. 29, Series of 1992, first reading, annual appropriation ordinance: adopting a budget and financial plan and making appropriations to pay the costs, expenses, and liabilities of the Town of Vail, Colorado, for its fiscal year January 1, 1993, through December 31, 1993, and providing for the levy assessment and collection of Town ad valorem property taxes due for the 1992 tax year and payable in the 1993 fiscal year. Mayor Osterfoss read the title in full. Steve Thompson noted the one change to the budget since Council had reviewed it was that $10,000 had been transferred from the RETT Fund to the General Fund. There was discussion regarding savings found as a result of payroll overtime reductions and the institution of a safety program to provide training to help reduce workman's compensation costs. Mery Lapin moved to approve Ordinance No. 29, Series of 1992, on first reading, with a second from Rob LeVine. Before a vote was taken, Steve discussed some of the areas of safety measure controls TOV had over the budget. A vote was taken and the motion passed unanimously, 6-0. • Item No. 7 was Resolution No. 14, Series of 1992, a resolution setting a fee in lieu of the dedication of land for school sites as provided for in Ordinance No. 1, Series of 1.991. Mayor Osterfoss read the title in full. Mery Lapin moved to approve Resolution No. 14, Series of 1992, with a second from Tom Steinberg. Larry Eskwith noted the ordinance provided a per acre fee would be set annually, and that fee had not changed from last year. A vote was taken and the motion passed unanimously, 6-0. Item No. 8 was Resolution No. 17, Series of 1992, a resolution authorizing the purchase of that unplatted plat of the southeast one -quarter of the southeast one -quarter of Section 1, Township 5 South, Range 81 West of the 6th Principal Meridian, lying northerly of the Lion's Ridge Loop as shown on the recorded plat of the Lion's Ridge Subdivision recorded July 25, 1969, in Case 2, Drawer L, and Book 215 at Page 649, County of Eagle, State of Colorado ("the property.") Mayor Osterfoss read the title in full. Mery Lapin moved that Resolution No. 17, Series of 1992, authorizing the purchase of the parcel of land now known as the "Shapiro 6.844 acres" be approved, with a second from Tom Steinberg. Mery added to his motion staff be directed to fund the purchase of this parcel out of the RETT fund. Mayor Osterfoss suggested a language change to indicate "other municipal purposes" be changed to "other purposes as specified in the RETT ordinance. The motion was modified to incorporate that change. A vote was taken and the motion passed unanimously, 6-0. • Item No. 9 was a review of a sign variance request for the Lodge Tower, 200 Vail Road, Lot A. Block 5C, Vail Village First Filing, applicant: Lodge Tower Condo Association. Mayor Osterfoss noted this request received unanimous recommendation for approval from the Design Review Board (DRB) at their October 7, 1992, meeting. Tim Devlin said the request was for additional signage as well as an increase in signage area. Mayor Osterfoss advised, if this request was approved, findings of special circumstances or conditions that constituted a physical hardship were required. Mery Lapin moved this sign variance request be approved per the staff memo of October 7, 1992, from the Community Development Department (CDD) to the DRB indicated the Lodge Tower had proven physical hardship because of identification problems due to the location of the project in relationship to the Lodge at Vail, that special circumstances were not created by the applicant, that granting of this variance would be in general harmony with the purpose of this title and would not be materially detrimental to the persons residing or working in the vicinity, to adjacent property, to the neighborhood, or to the public welfare in general, and the variance would not depart from the provisions of this title any more than is required to identify the applicant's business or use. Bob Buckley seconded the motion. A vote was taken and the motion passed unanimously, 6-0. Item No. 10 was an appeal of a Planning and Environmental Committee (PEC) decision to deny a request to modify the landscape plan associated with the previously approved exterior alteration and site coverage variance for the Slifer Building, 230 Bridge Street, Part of Lots B and C, Block 5, Vail Village First Filing. The applicants were Rod and Beth Slifer. Tim Devlin said the originally approved landscape plan involved two planters, but the second planter was never built. A chronology of events pertaining to the landscape plan in question 3 was available in the PEC memo from CDD dated September 28, 1992. Tim noted the PEC had suggested, and would allow, a modification to the planter that would be less costly to the applicant and not require any alterations to the building itself. The PEC voted unanimously to deny the request to eliminate the planter, 6-0, but would allow for the suggested modification. Mr. Slifer said he willingly did not build the planter as indicated on the approved plans, and expressed concerns about costs of remodelling in Vail Village and meeting what he considered excessive requirements set by TOV for modifications and upgrades. Mayor Osterfoss noted the requirements Mr. Slifer mentioned were addressed in the Vail Village Master Plan. Kristan Pritz added many of the regulations cited by Mr. Slifer were part of the Uniform Building Code. After additional discussion about several specific upgrades and modifications in the Village, Kristan said she felt the building code gave building officials guidance to determine what was appropriate. At this point, Jim Shearer stepped down due to conflict of interest. When asked by Rob LeVine what Mr. Slifer would have TOV do differently, Mr. Slifer felt staff should be given more responsibility and more decision making power in small decisions. Regarding Mr. Slifer's appeal, Mayor Osterfoss indicated Mr. Slifer should have raised his concerns when the original exterior alteration and site coverage variance was approved. Rob Levine moved to uphold the PEC decision with regard to the Slifer Building per the exterior alteration originally used, with a second from Bob Buckley. Tim added the PEC felt the planter should be completed by Thanksgiving,'92, and staff was directed to decide on the appropriate time schedule for the planter completion date. Mr. Slifer said the planter was not a hardship for him. A vote was taken and the motion passed 4-1-1, Mery Lapin opposed, Jim Shearer abstaining. • There being no further business, a motion to adjourn the meeting was made and passed unanimously. The meeting was adjourned at 10:35 P.M. • t ATTEST: Ili w+VIOL 8-. P4w Martha S. Raecker, Town Clerk Minutes taken by Dorianne S. Deto C:WINOCT20.92 Respectfully submitted, Q Margaret A. Osterfoss, Mayo 4