HomeMy WebLinkAbout1995-08-15 Town Council MinutesMINUTES
VAIL TOWN COUNCIL MEETING
AUGUST 15, 1995
• 7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, August 15, 1995, in
the Council Chambers of the Vail Municipal Building. The meeting was called to order
at 7:30 P.M.
MEMBERS PRESENT: Peggy Osterfoss, Mayor
Mery Lapin, Mayor Pro-Tem
Sybill Navas
Jan Strauch
Rodney E. Slifer
Paul Johnston
MEMBERS ABSENT: Tom Steinberg
TOWN OFFICIALS PRESENT: Bob McLaurin, Town Manager
Tom Moorhead, Town Attorney
Pamela A. Brandmeyer, Asst. Town Manager
Lori Aker, Deputy Town Clerk
The first item on the agenda swearing in of the newly appointed Town Council Member,
Rodney E. Slifer. Mayor Osterfoss thanked applicants Bob Fiske, Ludwig Kurz, Greg Amsden
and E.B. Chester for their interest and support of the Town of Vail.
The second item on the agenda was Citizen Participation
Willa Scott, an activist from San Francisco is traveling the United States on three issues a)
police harassment, b) concern for global warming and c) lack of help for the homeless.
Daniel Frederick asked the Town Council why he has not received his building permit. He has
gone through the process and is still being denied the permit. Tom Moorhead indicated there is
a meeting set for next Thursday to meet with Frederick. Frederick had agreed to a deed
restriction condition which he is now unwilling to meet. A transcript of the meeting is being
made. Osterfoss advised Fredrich that the Council could not respond to this issue during
Citizen Participation, and advised him to continue working through the process with staff.
• The third item on the agenda was the Consent Agenda:
A.
Proclamation No. 3, Series of 1995 proclaiming the week of August 14, 1995
"Team Sunrise Week."
B.
Resolution No. 6, Series of 1995, a resolution commending Bill Anderson for his
contribution to the Planning and Environmental Commission.
C.
Resolution No. 7, Series of 1995, a resolution commending Kathy Langenwalter
for her contributions to the Planning and Environmental Commission.
D.
Resolution No. 8, Series of 1995, a resolution commending Allison Lassoe for
her contributions to the Planning and Environmental Commission.
E.
Resolution No. 17, Series of 1995, a resolution commending Sally Brainerd for
her contributions to the Design Review Board.
F.
Resolution No. 19, Series of 1995, a resolution designating Christine B.
Anderson, Controller, as an additional signer on the Town of Vail's checking
account #229-570-0037 as permitted by the Charter of the Town, its ordinances,
and the statutes of the State of Colorado.
G.
Resolution No. 20, Series of 1995, a resolution designating an additional
checking account for the Town of Vail with Carol Fox, Susan Boyd; Walter
Ingram, Katie Laubengayer, and Kelly McCrae, as the designated signers on that
account, permitted by the Charter of the Town, its ordinances, and the statutes
•
of the State of Colorado.
Vail Town Council Meeting, August 15, 1995, Page 1
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Mayor Osterfoss read the Consent Agenda in full. Paul Johnson moved to approve the
Consent Agenda with a second by Mery Lapin. A vote was taken and passed
unanimously, 6-0. Bill Anderson, kathy Langenwalter and Allison Lassoe were present
• to receive their resolutions.
The fourth item on the agenda was, discussion of desired use of community building in the
Vail Commons Development. Andy Knudtsen and Susan Connelly presented this item to
council to review options such as a day care or a community meeting room, and provide
direction to the Vail Commons Development team as to the use of the community facility. Andy
Knudtsen reviewed the results of the Town survey regarding a day care center or community
center. Nancy Nottingham, who manages all the day care centers for Vail Associates and is a
member of the Eagle Valley Child Care Task Force gave the Council her recommendations as
to what would be involved in developing a day care center on this 3,000 square foot area within
the Vail Commons. Child care needs from Vail to Gypsum is growing, especially for infant care.
There are 2,000 children under the age of five years from Vail to Gypsum. Cherie Paller, from
the Resource Center and Family Center stated the Family Center is in need of space and the
proposed day care center could have great potential of shared space with other social service
providers and the Center. Nottingham thought this a great idea to share the space because it
would generate additional revenue to cover the costs. Nottingham added that 750 square foot
of fenced outdoor space would be required for a day care. Colleen McCarthy stated the
Council was not listening to the people's desires, nor are they open to the local's ideas. At a
neighborhood meeting she attended it was important that a good sized community center be
built and the neighborhood people did not want a grocery store. She questions if there are 40-
52 kids in Vail to utilize a day care center. Nottingham responded there are enough kids to
support another day care center from parents who work in Vail, but live between Vail and
Gypsum. Dick Peterson questioned if it is the Town of Vail's responsibility to use Vail tax
dollars to supply day care for non-resident children. Nancy Rondeau asked where the
proposed West Vail Fire station would be located. Bob McLaurin responded that currently three
sites are being looked at and the Commons site is not one of them as the Fire Chief has
determined this site inappropriate. Rondeau wants to charge a higher fee to non Vail residents
utilizing the Vail child care. She would like to provide more free parking on this site and start a
park-n-ride. Lynn Fritzlin, resident of West Vail feels the traffic is at capacity and questions
adding a large commercial complex space to this congestion. She would like a large
community room. Jeff Christensen representing the Common Sense for the Vail Commons
wants a master plan of the site first, then move ahead with getting a developer. Since the
Council is not responding to this request, his group is forced to do an initiative. Andy Knudtsen
stated they are looking at the Master Plan and how to make it work with the commercial site.
Jeff Christenson supports a day care center, but wants the council to reconsider their position.
Martin Waldbaum wants a day care and add sufficient square footage to accommodate a
community center on the second floor. Alice Cartright asked if the initiative process defeats the
• City Market what then. Tom Moorhead stated it first needs to be determined if this is an
administrative or a legislative issue. The Council agreed to continue exploring a combination of
day care and community room uses for this site and asked staff to research size, site coverage,
cost and operational needs. Mayor Osterfoss invited all citizen to attend an upcoming work
session regarding the development of other elements of the Vail Commons project. The exact
date will be advertised in the paper. Discussion will include use of the revenue from the
development and the criteria to be used for selection of the community members who want to
purchase one of the 53 homes in the proposed development.
The fifth item on the agenda was , Ordinance No. 6, Series of 1995, second reading of
an Ordinance Amending Chapter 18,71 Additional Gross Residential Floor Area. George
Ruther and Tom Moorhead presented this item for Council to approve, deny or modify
Ordinance No. 6 as presented. Ordinance No. 6, Series of 1995 passed on first reading with
the following provisions: five years must have passed since the unit was issued a Certificate of
Occupancy (whether temporary or final) or, in the event a Certificate of Occupancy was not
required for use to the dwelling at the time of the completion, from the date of the original
completion and occupancy of the dwelling. We believe this addresses the issue of the
requirement for a Certificate of Occupancy. The ordinance reflects that these applications will
be reviewed by the Planning and Environmental. However, all proposals will still be required to
conform to the Design Review Guidelines. This ordinance eliminates 250 eligibility for any
dwelling unit not in existence as of November 30, 1995 or one for which a completed Design
Review Board application for the original construction of a dwelling unit has not been accepted
by November 30, 1995, In regard to "catastrophic loss" it would be inappropriate to address
Vail Town Council Meeting, August 15, 1995, Page 2
that issue in this provision as it is properly addressed in Chapter 18.64 of the Municipal Code.
Section 18.64.090 provides that: "whenever a nonconforming use which does not conform with
the regulations for the district in which it is located or a nonconforming structure or site
improvement which does not conform with the requirements for ....density control.... is
destroyed by fire or other calamity, by act of God or by the public enemy, its use may be
resumed or the structure may be restored, provided the restoration is commenced within one
year and diligently pursued to completion." This provision would pertain to any structure that
has received the benefit of 250 additional GRFA from that amount that would normally be
allowable within its zone district. Staff recommendation is to approve this ordinance. Tom
Moorhead stated additional language needs to be inserted regarding that the demo/rebuild is
not available for additional GRFA, demo/rebuilds must meet present zoning requirements for
GRFA. Tim Driscoe, a local attorney, representing his parents stated this ordinance
hurts people and is against the ordinance. Jan Strauch moved to approve Ordinance
No. 6, Series of 1995, on second reading with the modification that language will be
inserted stating that any single family dwelling or two family dwelling which is to be
demo/rebuilt shall not be eligible for additional GRFA and the removal of the
requirement of a dwelling to have received its final certificate of occupancy prior to
receiving its additional GRFA be made, with a second by Paul Johnston. A vote was
taken and passed 4-2. Lapin and Slifer voting against the motion.
The sixth item on the agenda was Town Council call-up of a Design Review Board
approval of an amendment to the sign program at the West Vail Mall. Lauren Waterton
presented this item for Council to uphold, reverse or modify the decision made by the Design
Review Board. At the request of the Subway Restaurant located in the West Vail Mall, the
West Vail Mall Corporation has applied for an amendment to the existing sign program for the
West Vail Mall. The current program requires signs to be white wall -mounted letters, with an
allowance for the addition of a logo using corporate colors to be not greater than 20 percent of
the sign area. The West Vail Mail Corporation has requested that corporate color may be used
in 50 percent of the total sign area. On July 19, 1995, the Design Review Board approved (by a
vote of 4-1) a change to the West Vail Mall sign program, allowing the sign area for the Subway
sign to be 50 percent color and all remaining signs will continue to be restricted to 20 percent.
At the July 25, 1995 Town Council worksession, this item was called -up by the Town Council.
Tom Moorehead read the motion made by the DRB and stated this variance was not
appropriate because it was for one specific sign (Subway) and not for the entire West Vail sign
program. One of two choices can be made a) allow all the signs to have 50% color orb) allow
no signs at the West Vail Mali to have 50% color. Mike Arnett, Chairman for DRB indicated the
DRB wanted to allow for this one time variance for this one shop (Subway). Paul Johnston
moved to send this item back to DRB for further consideration of changing the sign program for
all West Vail Mall shops to have 50% color, second by Navas. A vote was taken and
passed 5-1 with Johnston, Navas, Osterfoss, Lapin and Strauch voting in favor of the
motion and Slifer voting against.
The seventh item on the agenda was appeal by an adjacent property owner, Neal Groff, of
an approval by the Design Review Board for an addition using an additional 250 square feet at
the Stevinson Residence, located at 1498 Springhill Lane/Lot 16, Block 3, Vail Valley 3rd Filing.
Lauren Waterton presented this item to Council to uphold, reverse, or modify the decision of the
DRB. At the August 2, 1995, Design Review Board meeting, the Board approved (by a vote of
4-1) an addition to the Stevinson residence, located at 1498 Springhill Lane. The adjacent
neighbor, located at 1468 Vail Valley Drive has appealed the decision to approve this
application. Waterton stated Groff is appealing this addition because it will obstruct his view of
the Gore Range. Tom Moorhead stated the TOV does not have adopted view corridors for this
lot and there is no legal basis to intervene based on a private view. The Council must apply
design review guidelines. Larry Eskwith, representing the Stevinson family, stated that Mr.
Groff was notified of the two DRB meetings and failed to appear both times. There is no
alternative spot to place this addition. The Stevinson family would like to accommodate Mr.
Groff, but there just is no practical way to do this. Neal Groff stated he had no knowledge of the
first DRB meeting and learned of the second DRB meeting the day before and when Groff
spoke to Larry Stevinson, Stevinson indicated he would postpone the meeting for two weeks,
which he did not do and moved ahead with the scheduled DRB meeting. Osterfoss stated
• Council has to follow DRB guidelines and there are no legal view protection laws for this
property. Lapin made a motion to uphold the DRB approval for the Stevinson residence
addition at 1498 Springhill Lane, second by Johnston. A vote was taken and passed 5-1
Vail Town Council Meeting, August 15, 1995, Page 3
• •
with Johnston, Navas, Osterfoss, Lapin and Slifer voting in favor and Strauch voting
against.
. The eighth item on the agenda was the Town Manager's Report. McLaurin stated he
will be attending a Cast Meeting the end of this week and a Legislative Workshop
sponsored by the North West Colorado Council of Governments is upcoming and
anyone interested should contact Anne Wright to register. Paul Johnson wants the pay
schedule for council addressed and suggest $12,000 per council member and $18,000
for the mayor. He would like this addressed prior to the election so we can attract more
candidates. The additional money may encourage people to apply knowing the money
would offset the cost of hiring help to cover their businesses while they attend Council
matters. McLaurin pointed out that all TOV wages have been frozen for this year. Tom
Moorhead will report to the Council what the requirements are to change the pay.
There being no further business, Lapin moved to adjourn at approximately 11:05 P.M.
0
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Lori Aker, Deputy Town Clerk
(-Names of certaln individuals who gave public input maybe Inaccurate.)
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Respectfully submitted,
M�retOsterfoss, ayor
Vail Town council Meeting, August 15, 1995, Page 4