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HomeMy WebLinkAbout1992-02-18 Town Council MinutesMINUTES VAIL TOWN COUNCIL MEETING FEBRUARY 18, 1992 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, February 18, 1992, at 7:30 P.M., in the Council Chambers of the Vail Municipal Building, MEMBERS PRESENT: Peggy Osterfoss, Mayor Mery Lapin, Mayor Pro-Tem Jim Gibson Jim Shearer Tom Steinberg Rob LeVine Bob Buckley TOWN OFFICIALS 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, of which there was none. Second on the agenda was approval of the minutes of the January 7 and 21, 1992 evening meeting minutes. Mery Lapin moved to approve the minutes, with a second from Jim Shearer. A vote was taken and the motion passed unanimously, 7-0. Item No. 3 on the agenda was Ordinance No. 2, Series of 1992, second reading, an ordinance repealing and re- enacting Ordinance No. 19, Series of 1991; to provide for the amendment of the approved development plan for Special Development District No. 6; adopting a revised development plan for Phase IV -A of Special Development District No. 6, Vail Village Inn; and setting forth details in regard thereto. Mayor Osterfoss read the title in full. Mike Mollica briefly reviewed discussion from first reading and indicated changes and conditions to the ordinance had been made as directed. Additional dialogue followed regarding the underlying public accommodation zoning, the definition of "lodge" (18.04.210). the expiration of previous approvals, the issue of tearing down this new Phase IV -A to accommodate the final Phase IV accommodation unit development, and the structured parking requirements. It was indicated there was the opportunity for Council to further modify the ordinance at second reading. Josef Staufer reviewed the SDD history of the Vail Village Inn (VVI), and said he hoped Council would not pass the ordinance on second reading it rental restrictions would be part of the ordinance because he could not risk the large investment involved if there were rental restriction conditions. Additionally, he did not want the Gateway pedestrian connection indicated as a condition of approval, although he said he would take care of it. Bill Pierce spoke about parking concerns, noting the Applicant's parking study showed 30-50 spots were available. He said he felt the Town's parking requirement was too high. Peggy Osterfoss asked how it would be known public parking was available there. Bill said they would furnish ample signage to advertise the fact, but felt "word-of-mouth" would more than adequately spread news of available public parking. He also re-emphasized the VVI's need to build the free market dwelling unit in order to build the additional 14 hotel rooms. Mery Lapin moved to disapprove Ordinance No. 2, Series of 1992 on second reading in that it was not in compliance with the parking and loading requirements as outlined in Chapter 18.52 under the Special Development District criteria. Peggy Osterfoss seconded the motion. Before a vote was taken, Peggy said she wanted it stated as part of the motion the project was not in conformity with the applicable elements of the Vail Comprehensive Plan, with regard to the restriction of residential units, and improving pedestrian ways and adding sidewalks. Mery amended his motion to include that the ordinance was also not in compliance with 2.3.1 and 3.4.2 of the Vail Comprehensive Plan. A vote was taken, and the motion failed, 2-5, Jim Gibson, Jim Shearer, Tom Steinberg, Bob Buckley, and Rob LeVine opposed. Mery Lapin then moved that Ordinance No. 2, Series of 1992, be approved with the following modifications to the SDD in order to meet the SDD criteria: (1) that the Town restrict the residential unit in order to conform with the Vail Comprehensive Plan 2.3.1. according to Section 17.26.075, (2) that the previous condition 13, which was the sidewalk along the Frontage Road that was deleted be reinstated which was to provide a pedestrian walkway adjacent to the South Frontage Road beginning on the west end of the Vail Village Inn property where the Gateway sidewalk ends and continue the sidewalk east to the western boundary of the Vail Village Inn Phase III property and this condition of approval was to be subject to the Colorado Department of Highway's approval of the sidewalk, (3) that the square footage of the dwelling unit/condo unit be removed from the required GRFA left in the project, (4) that signage which was acceptable to the staff and ORB be provided so the public was aware of the 65 spaces of available public parking. Bob Buckley seconded the motion, Before a vote was taken, Jim Gibson, Rob LeVine, and Jim Shearer stated opposition to the restriction placed on the dwelling unit. A vote was taken and the motion failed, 3-4, Jim Gibson, Rob LeVine, Jim Shearer, and Tom Steinberg opposed. Rob LeVine then moved to use Mery Lapin's second motion as stated with the elimination of the restriction on the condominium unit. Jim Gibson seconded the motion. A vote was taken and the motion failed, 3-4, Tom Steinberg, Bob Buckley, Peggy Osterfoss, and Mery Lapin opposed. Rob Levine then motioned to table Ordinance No, 2, Series of 1992, for a period of two weeks, with a second from Tom Steinberg. Larry Eskwith advised the ordinance could not be tabled after defeat 10 on second reading. Rob LeVine moved to withdraw his motion to table the ordinance. Jim Shearer seconded that motion. Jim Gibson then moved to approve Ordinance No. 2, Series of 1992, using Mery Lapin's second motion without restriction on the dwelling unit and elimination of the sidewalk requirements, with a second from Rob LeVine. A vote was taken and the motion passed, 4-3, Bob Buckley, Mery Lapin, and Peggy Osterfoss opposed. Mayor Osterfoss next moved ahead to Item No. 6 on the agenda as the engineer, Ken Brotsky, and geologist, Nick Lampiris, both from out of Town were both present to give testimony in accordance with 18.69.050, regarding removal of the Booth Creek Area from the Rock Fail Hazard Map. L&M Contractors had now completed the Rock Fall Mitigation Berm, and Banner Engineering had certified the berm as substantially completed. As the berm was now completed, Larry Eskwith asked Council to hear testimony from the engineer and geologist, and to consider removing the area from both the high and moderate hazard rockfall zone. Mr. Brotsky, representing Banner Associates of Grand Junction, identified himself as the engineer on the project. He said he was responsible for designing the berm financed by the local improvement district in question. Larry recalled Mr. Brotsky had spoken to the Town in the past about how the berm was designed, but had never testified as to the construction of the berm and whether it had been completed in accordance with the specifications set forth in original plans. Mr. Brotsky said L&M had now rebuilt the berm almost in its entirety, and it was now built in accordance with the approved plans and specifications. Jim Gibson asked if there was any immediacy required to remove the area from the rock fall hazard map. Larry explained the residents in the area would shortly be asked to start paying for the berm, and those residents wanted their property removed from the Rock Fall Hazard Map. Mr, Lampirls testified he had constructed the area maps and he felt 98-99% of rock fall in the is area would be stopped by the present berm. He said he had no reluctance in removing the area from the Rock Fall Hazard Map. Ron Phillips added the berm had been in place for two years and was working satisfactorily. Further, the ordinance regarding removal of an area from the Rock Fall Hazard Map indicated Council was to make a decision to do so based on a hearing of expert testimony concerning the design construction and mitigation efforts. Rob LeVine moved to approve removal of the Booth Creek Area from the Rock Fall Hazard Map and the area maps be amended, with a second from Tom Steinberg. Before a vote was taken, Jim Shearer asked if the Town assumed any extra liability by removing the area from the Rock Fall Hazard Map. Larry said it would not. A vote was taken and the motion passed unanimously, 7-0. Mayor Osterfoss returned to item No. 4 on the agenda, Ordinance No. 3, Series of 1992, first reading, an ordinance amending Section 8.24.090 of the Municipal Code of the Town of Vail, Colorado, to provide for the owner or occupant of any property within the Town of Vail to keep the sidewalks in the public right-of-way on adjacent or abutting such lot or parcels free and clear from ice, snow, and other obstructions. She read the title in full. After brief discussion regarding individual property owner's obligations, Tom Steinberg moved to approve Ordinance No. 3, Series of 1992 on first reading, with a second from Rob LeVine, A vote was taken and the motion passed unanimously, 7-0. Item No. 5 was Resolution No. 4, Series of 1992, a resolution authorizing the Town of Vail to open a Franklin Adjustable U.S. Government Securities Fund, of the Franklin Group of Funds ("Funds"), and to deposit or withdraw such funds of the Town in the account as the Town deems necessary or desirable. Mayor Osterfoss read the title in . full. Steve Thompson noted Council had previously approved the Town's use of this type of fund, and briefly explained investment plans and expected results for the next year, Jim Gibson moved to approve Resolution No. 4, Series of 1992, with a second from Tom Steinberg. A vote was taken and the motion passed unanimously, 7-0. Item No. 7 was a brief presentation requested by Steve Miller from Channel 23, Vail Valley Community Television. He welcomed Jim Shearer as the Town's liaison to Channel 23. Mr. Miller said he wanted to educate the community and expand Council interest in community access TV. He invited Council to view operations at Channel 23, recently relocated to Avon. He expressed concern about lack of use of the opportunity to use the level of media Channel 23 offered as a community access station, and encouraged its use, Tom Steinberg inquired about its use to help promote public radio. Mr. Miller also provided some general information regarding Heritage Cablevision's franchise renewal. There was brief discussion regarding Channel 23's uncertainty about lending support to Heritage. Council thanked Mr. Miller for his presentation. Item No, 8 was a presentation by Fred "Skip"Kinsley of Kinsley Geotechnical, Inc. Council had requested presentation from Mr. Kinsley regarding the proposed Forest Service position on oil and gas exploration in the Town's surrounding areas. Mr. Kinsley briefly discussed oil deposit formation facts, and concluded there was no chance of oil and gas being found in this area. Council thanked Mr. Kinsley for his input. Item No. 9 concerned conditions for funding of the Dowd Junction Recreation Path. Ron Phillips referred to a letter he received from the Colorado Department of Transportation (CDOT) dated February 13,1992, advising him they had recommended to the Colorado Transportation Commission funding be budgeted for construction of a bicycle - recreational trail extending from the South Frontage Road at West Vail to Highway 6 at Dowd Junction, primarily to 0 help remove bicycle traffic from 1-70 to enhance safety. This funding was proposed under the Surface Transportation program. The recommendation was made based on the understanding the Town of Vail was currently funding the design of the trail and had agreed to acquire any necessary right-of-way in areas where the trail would be outside of current CDOT right-of-way. Further, the recommendation requested the Town commit to the operational maintenance of the proposed trail, leaving long term capital maintenance to CDOT, Jim Gibson moved to approve the conditions set forth in CDOT's February 13, 1992 letter, committing the Town to funding design of the proposed trail and taking responsibility for operational maintenance of said trail. Tom Steinberg seconded the motion. A vote was taken and the motion passed unanimously, 7-0. Before adjournment, Ron Phillips announced, effective February 10, 1992, Martha Raecker was named Town Clerk. Council congratulated Martha, There being no further business, a motion to adjourn the meeting was made and passed unanimously. The meeting was adjourned at 10:15 p.m. ATTEST: MAA14 9-' PA&hkV Martha S. Raecker, Town Clerk Minutes taken by Dorianne S. Deto C:IMINFEB18.92 Respectfully submitted, Q Margar�AO�O!, Mayor