HomeMy WebLinkAbout1993-06-01 Town Council Minutes• r
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t MINUTES
VAIL TOWN COUNCIL MEETING
JUNE 1, 1993
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, June 1, 1993, in the
Council Chambers of the Vail Municipal Building. The meeting was called to order at 7.40
P.M.
MEMBERS PRESENT:
Peggy Osterfoss, Mayor
Mery Lapin, Mayor Pro-Tem
Jim Gibson
Jim Shearer
Tom Steinberg
Rob LeVine
Bob Buckley
TOWN OFFICIALS PRESENT: Ken Hughey, Acting Town Manager
Pam Brandmeyer, Assistant to the Town Manager
Holly L. McCutcheon, Town Clerk
Larry Eskwith, Town Attorney
The first item on the agenda was Citizen Participation of which there was none.
• Item No. 2 on the agenda was the appointment of three (3) Members to the Local Licensing
Authority. There were three (3) positions available, each term beginning in June, 1993, and
expiring in June, 1995. The candidates were Bill Bishop, Linda Fried, and Davey Wilson.
All three of these candidates were applying for reappointment. No other applications had
been received. A ballot was taken, and Mery Lapin moved to appoint Bill Bishop, Linda
Fried, and Davey Wilson to the Local Licensing Authority until June, 1995. Jim Gibson
seconded the motion. A vote was taken and the motion passed unanimously, 7-0.
Item No. 3 was a Consent Agenda consisting of three items:
A. Approval of Minutes of the May 4, 1993, and May 18, 1993, Evening Meetings.
B. Ordinance No. 7, Series of 1993, second reading, an ordinance repealing and
reenacting Ordinance No. 1, Series of 1993, to provide changes to Area A
requirements for SDD No.4 that concern the development plans for the
Millrace III Development Building site; and setting forth details in regard
thereto. Applicant: Michael Lauterbach.
C. Ordinance No. 14, Series of 1993, second reading, an ordinance amending
Section 16.24.010(G) of the Vail Municipal Code, setting forth provisions
relating to signs displayed on balloons which are associated with a special
event within the Town of Vail. Applicant: the Town of Vail.
Mayor Osterfoss read the titles in full. Mery Lapin moved to remove item C from the
Consent Agenda for further discussion, with a second from Tom Steinberg. A vote was taken
and that motion passed unanimously, 7-0.
Mery Lapin then moved to approve Consent Agenda items A and B, with a second from Tom
Steinberg. A vote was taken and the motion passed unanimously, 7-0.
There was brief discussion about safety issues related to height restrictions for tethered hot
air balloons and quality of the balloons. Mayor Osterfoss asked Fire Chief Dick Duran for
his input pertaining to expressed safety issues. Dick stated he did not feel there was a
problem, emphasizing hot air balloons could only be operated by licensed pilots. He did not
feel it was necessary for this ordinance to include mandatory Fire Department inspections
of the balloons. Ken Hughey reminded Council all applicants would need to proceed through
the full special events process before receiving approval, and Kristan Pritz felt the Fire
Department could be requested to inspect for safety issues if there were any questions about
It safety. After further technical clarifications, Jim Shearer moved to approve Ordinance No.
14, Series of 1993, on second reading, with a second from Jim Gibson. Before a vote was
taken, Jim Lamont, representing the East Vail Homeowners Association, also expressed
safety issue concerns, adding he felt a fire official should be present during filling of the
balloons, and requested wording to that affect be included in the ordinance. He also voiced
apprehension about noise factors and visual aspects associated with too many hot and/or cold
air balloons. He requested the ordinance also contain language to specify that Council revisit
the issue of hot and/or cold air balloons every five (5) years. Mayor Osterfoss suggested a
record keeping procedure tracking the number of these balloons be instituted. Pam
Brandmeyer was directed to keep track of the how many events there were each year
requesting hot and/or cold air balloons and to keep Council advised. Mr. Lamont was
satisfied with that self -evaluation direction. A vote was then taken and the motion passed
unanimously, 7-0.
Item No. 4 was Ordinance No. 12, Series of 1993, first reading, an ordinance amending
Ordinance No. 31, Series of 1992, to reduce the interest rate to be paid on installments of
special assessments against affected properties within the Booth Creek Local Improvement
District. Mayor Osterfoss read the title in full. Steve Barwick explained that negotiations
to refinance the Booth Creek Local Improvement District bonds through 1st Bank had
allowed TOV to reduce the interest rate on the assessments from 9.5% to 7.75%. He advised
this ordinance was required to change the interest rate on the assessments to pass savings
on to affected homeowners. Rob LeVine moved to approve Ordinance No. 12, Series of 1993,
on first reading, with a second from Tom Steinberg. Before a vote was taken, Bob Buckley
asked if there would be any Amendment 1 repercussions. Steve Barwick said there would
not be because the bonds were not refinanced internally. A vote was taken and the motion
passed unanimously, 7-0.
Item No. 5 was Resolution No. 6, Series of 1993, a resolution authorizing the Town Manager
to sign an Intergovernmental Agreement for a Regional Planning Commission for the purpose
of transportation planning. Mayor Osterfoss read the title in full. Greg Hall explained that
the ICETEA Act of 1991 required every State to have a statewide transportation plan;
Colorado currently had no such a plan. Additionally, the Colorado Legislature had passed
legislation explaining how to work out the required detailed statewide plan. Greg advised
part of the legislation designated fifteen (15) regional planning areas divided by geographic
and economic similarities. The Town of Vail was in the Intermountain Transportation
Planning Region including Garfield, Pitkin, Eagle, Summit, and Lake Counties. Each region
was responsible for development of a regional transportation plan, and Greg reported the
Intermountain Transportation Planning Region had been meeting monthly to discuss plans
for this region. Greg stated if a regional planning commission was formed, the region would
receive $35,000.00 from CDOT to fund part of the region's study. He advised those involved
in this region's planning wanted to maintain local control, because if a regional planning
commission was not formed, the State would do the planning. The chairman to be elected
from the each regional planning commission would serve as the region's member on the
State's Transportation Advisory Committee. Greg said the Transportation Advisory
Committee's main task was to take the fifteen (15) regional plans and develop a statewide
plan, He advised this region's member was Joe Sands, County Commissioner for Summit
County, and the alternate member was Ed O'Leary, County Commissioner for Lake County.
Greg explained requests for federal funding had to go through the Transportation Advisory
Committee, and before any federal funds could be secured, requests had to be in the
statewide plan. Mery Lapin strongly encouraged continuous representation from this region.
Tom Steinberg added, at the last NWCCOG meeting, there were representatives from the Rio
Blanco and Routt County COG areas which parallel I-70. In general, Tom noted COG
representatives felt the different regions ought to be working together because of similar
interests, and if there was no choice to be one district, the regions could speak with one voice
for two districts. Greg emphasized the one thing any plan had to be was financially feasible.
He distributed a copy of the Intermountain Transportation Planning Region Rural Planning
Work Program. After additional discussion, Jim Gibson moved to approve Resolution No. 6,
Series of 1993, with a second from Tom Steinberg. A vote was taken and the motion passed
unanimously, 7-0.
Item No. 6 was a review of the Art in Public Places (AIPP) Board approval of the acquisition
and siting of "Terre Haute" by Bryan Hunt. The piece had been given to TOV by a benefactor
who wished to remain anonymous, and, in addition to the gift of the piece, the benefactor had
committed funds to the installation of the piece. The AIPP Board found this piece met all It
the criteria set forth in the AIPP Guidelines and that the proposed site would give the piece
high visibility. Kristan Pritz noted Council had visited the proposed site, Mayors' Park,
presently under construction, adjacent to 1st Bank. Kristan noted the AIPP Board had voted
unanimously, 9-0, on May 12, 1993, to accept "Terre Haute" from the private benefactor for
the proposed site, and Council's role in the process per the AIPP Guidelines was to ensure
that the AIPP Board had utilized the procedures and criteria outlined in those guidelines.
She briefly referenced some of the points in the AIPP Board's memo to Council dated June
1, 1993, including the AIPP Board's feeling that, due to the a high concentration of art work
in the Lionshead area, sites outside of that core area should be considered. Secondly, the
AIPP Board discussed the prominence of the piece, and felt a high visibility location would
allow pedestrians the opportunity to view the piece closely. Thirdly, the AIPP Board had
discussed the importance of locating a piece in the Mayors' Park. The AIPP Board felt that
should a piece be placed in the park at the time of installation and dedication of the park,
this piece would become and identified element of the park versus an installation done at a
later date, and, by installing it during the time of construction, the opportunity to install the
piece more conveniently and at a much lower cost existed. Kristan noted an area in the park
had been planned to accommodate the art work. Further, the siting of this piece as well as
the development of an artwalk was reinforced in the Streetscape Master Plan. This specific
site was listed as an art work location as well as a number of other sites along West Meadow
Drive. It was an intent of the Streetscape Master Plan to create an art walk or sculpture
garden in this area. The AIPP Board, when reviewing sites for installation, considered
visibility of the site to be very important. In locating this and other pieces, the AIPP Board
attempted to place the piece in an area where there was a lot of traffic, as well as a
permanent businesses or public facility, to try to avoid malicious vandalism. Another
• important criteria Kristan pointed out was the fairly low maintenance this piece would
require. Kristan distributed letters from AIPP Board members who were unable to attend
this meeting, Sally Brainerd, Kenneth M. Robins, and Cissy Dobson expressing strong
support and reasons for the AIPP Board's decision.
Mayor Osterfoss reminded Council their role in the process of the decision requested at this
time, per the AIPP Guidelines, was to ensure that the AIPP Board had utilized the
procedures and criteria outlined in those guidelines, Councirs role was fairly narrow in this
process, and the process was designed specifically as a check to determine that procedures
and criteria had been followed. It was noted Council had a copy of the guideline criteria
before them. The question under discussion was not a question of whether or not Council felt
the criteria had been met or whether they liked or did not like the aesthetics of the piece, but
whether or not the process that the criteria had been addressed and followed by the AIPP
Board. Kathy Langenwalter, AIPP member, stated she felt the board had gone through the
criteria as they viewed the piece and followed the procedure outlined in their guidelines.
Jim Gibson initiated a lengthy discussion concerning safety of the piece in the proposed
location. He recalled sculptures had been removed from the Children's Fountain because of
fear of children falling on them, and he had the same concern about this piece. Kathy
Langenwalter said the AIPP Board had discussed the safety of the piece, and they did not
feel it presented the same safety concerns as the Children's Fountain. Jim Shearer shared
Jim Gibson's concern, noting people were always climbing on pieces to have their pictures
taken and danger was ever present. Kathy mentioned a few pieces she felt were "less safe"
that they did not have problems with. Erich Hill said the artist had generously decided to
build a platform the piece, and it was felt that would address safety and aesthetic questions.
Kristan added they were trying to make it possible for pedestrians to be able to walk
underneath the piece when it was sited, and the artist was willing to assist with that;
however, the piece was already 127' high by 5'6" by 3" wide, and they did not want to make
it too tall.
Rob LeVine stated he was more than willing to support the recommendation proposed at this
time, but he asked if the AIPP Board was willing to take one more look at an another site,
the pedestal site at the entrance to Lionshead by Vantage Point condominiums. He felt the
Mayors' Park would be a wonderful site, but Lionshead needed help, and this might be a way
to help that area. It also might take this sculpture out of the pedestrian traffic pattern,
which might help with expressed safety concerns, and yet keep the piece very visible on the
bus route, and even more visible from I70. He felt the Lionshead area would appreciate
having it there. Kathy Langenwalter said she would be willing to bring that up to the AIPP
Board and the artist. Mayor Osterfoss felt Council appreciated the fact that the AIPP Board
19. program was going well and was the result of dedicated volunteer time on the part of board
members and generous contributions from the community. She felt Council wanted to
support the AIPP Board's decisions, reviewing this issue was a good opportunity for Council
to learn more about the process and to understand what, if any, role Council would have in
the process. She stated TOV was honored to have a piece by an artist of this caliber, but she
appreciated the fact that Kathy was willing to take Rob's input back to the AIPP Board.
After further discussion, Tom Steinberg moved to uphold the .AIPP Board's decision with
regard to the "Terre Haute" sculpture, indicating that Council had done its duty with regard
to this issue. He added he was sure the AIPP Board would speak with the artist about
concerns discussed. Rob LeVine seconded the motion. Before a vote was taken, Jim Gibson
stated again he was very much concerned about the safety, and said that concern was not
satisfied by what he heard tonight. He said he would like to see this piece on display where
safety concerns were eliminated or non-existent. Tom Steinberg noted one of the things
discussed was that this piece might be a very good addition to the proposed Vail Valley
Performance and Conference Center, if and when it was built, and even if the piece was put
in the Mayor's Park right now, that did not mean it had to stay there forever. Bob Buckley
echoed Jim Gibson's safety issue concerns. A vote was taken and the motion passed, 4-3, Jim
Gibson, Mery Lapin, and Bob Buckley opposed.
Item No. 7. was the appeal of the Design Review Board (DRB) regarding a deck, hot tub, and
required landscaping at the Kandell residence located at 4259 Nugget Lane/Lot 2, Bighorn
Estates Resubdivision of Lots 10 & 11 (east half of duplex). The appellant was Dr. Robert
Kandell, who was not present. Mayor Osterfoss noted Dr. Kandell had requested this appeal
be tabled for two weeks, until June 15, 1993. Jim Gibson moved to table this issue until
June 15, 1993, with a second from Mery Lapin. Before a vote was taken, Tom Steinberg
expressed serious reluctance about tabling the issue at all, noting this issue had been delayed
for over a year already. He noted the appellant built illegally, and felt strongly the deck •
should be torn down. Tom felt if Dr. Kandell then wanted to build, he should apply for a
building permit and go through the regular process. Tom felt this was the only way to stop
illegal, abusive building. He felt abuse of the system was happening more and more, the
problem was getting worse, and it would continue to get worse until owners of illegal
buildings were required go through the expense of tearing down those buildings. Tom said
he was willing to vote against tabling the issue at that time, because of the abuse of the
system. Mayor Osterfoss noted the issue under discussion was not whether the ultimate
decision was to tear it down; the whole issue needed to be discussed to make that decision.
She said tabling the issue, if Council chose to do so, was strictly one final attempt at courtesy
to Dr, Kandell. If the issue was tabled, that was not a decision that this potential law
violation was being overlooked. Kristan Pritz explained staff had been through this issue
with Dr. Kandell several times, as explained in the Community Development Department's
memo to Town Council dated June 1, 1993. She added Dr. Kandell had met with Mike
Mollica on Friday, May 28, 1993, and Dr. Kandell requested the issue be tabled, however
Mike had told him no. Kristan stated she had supported that decision. Kristan said tonight's
situation was acceptable to staff as long as they could proceed next evening meeting whether
Dr. Kandell was present or not. Larry Eskwith had advised it was not required that the
appellant or representative be present. Mayor Osterfoss said she personally had an
opportunity to apprise Dr. Kandell there would be no further appeal after tonight's decision •
or any decision in two weeks if Council chose to agree with that there was not an opportunity
for further delay. Mery Lapin asked staff if Dr. Kandell had been avoiding the process or
acting in bad faith. Staff chose not to make that judgement of Dr. Kandell, but staff
expressed it had been overly courteous trying to accommodate Dr. Kandell's schedule, and
Kristan expressed that the neighbors involved with the project had been quite understanding
and had been trying to work it out. Kristan hoped a two week tabling would allow Dr.
Kandell to get things worked out with his neighbor to the east; apparently he had satisfied
his neighbor to the west. There was additional discussion about previous Planning and
Environmental (PEC) and Design Review Board (DRB) decisions related to stream setbacks
and appeals from Dr. Kandell.
Mayor Osterfoss pointed out Council was deciding whether to table the issue at this time, not
make a decision at this point. After further discussion, Jim Gibson called the question. A
vote was taken and the motion passed, 6-1, Tom Steinberg opposed. Mayor Osterfoss added
she would be speaking with Dr. Kandell on Wednesday, June 2, 1993, and would reiterate
that the issue was scheduled for June 15, 1993, at which time a decision would be made
regardless of representation or other extenuating circumstances.
Kristan Pritz suggested a joint work session with Council, the PEC and the DRB chairs and
other board members to discuss how Council wanted the growing number of abusers of the 00
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system handled. She felt a joint discussion would be helpful to all in determining what was
fair and equitable. Tom Steinberg agreed that the system needed to be tightened up. Bob
Buckley agreed with Tom and inquired about penalties for violators. Larry Eskwith said
TOV had the right to bring the abusers in to Municipal Court and fine them for each day of
violation. Larry said he had no legal problem with that, but felt it could turn in to a political
problem very quickly. After discussion, Council agreed to schedule the requested joint
session.
There being no further business, a motion to adjourn the meeting was made and passed
unanimously. The meeting was adjourned at 8:50 P.M.
ATTEST:
Holly L. McCutcheon, Town Clerk
Minutes taken by Dodanne S. Deto
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C:WIINSJUN1.93
Respectfully submitted,
�� a.
Margaret A. Osterfoss, Mayo
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