Loading...
HomeMy WebLinkAbout1995-11-21 Town Council MinutesMINUTES VAIL TOWN COUNCIL MEETING November 21, 1995 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, November 21, 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 Paul Johnston Sybill Navas Tom Steinberg Jan Strauch Rod Slifer TOWN OFFICIALS PRESENT: Pamela A. Brandmeyer, Acting Town Manager R. Thomas Moorhead, Town Attorney Anne Wright on behalf of the Town Clerk The first item on the agenda was Citizen Participation. Larry Grafel made a speech • honoring Mery Lapin and Tom Steinberg and the work they have done for the town in their tenure. Jim Hoza presented Mery Lapin with a box of numbers, since he always asks for them and a mini live Christmas tree to Tom Steinberg. Sammye Meadows of the Vail Alpine Garden Foundation formally requested a 49 year lease with an option to renew another 49 years. Second on the agenda was the DRB Review. There was no need to discuss any of the items. Third on the agenda was the second reading of Ordinance No. 22, Series of 1995, an ordinance making supplemental appropriations from the Town of Vail General Fund, Parking Structure Fund, Heavy Equipment Fund, Police Confiscation Fund, Facilities Maintenance Fund, Vail Marketing Fund and the Vail Housing Fund, of the 1995 budget and the financial plan for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein; and setting forth details in regard thereto. Steve Thompson and Christine Anderson presented changes to the list of required supplemental appropriations. Also included, Jeff Layman provided background information on the 530 AM /Radio Station with a request for $7,000 in additional funding. Other funding sources include CDOT and VA at equal contributions of $7,000 each. Mery Lapin moved to approve Ordinance 22, Series of 1995 on second reading with a second by Sybill Navas. A vote was taken and passed unanimously, 7-0. Forth on the agenda was the second reading of Ordinance No. 23, Series of 1995, an ordinance amending Chapter 2.48, Compensation of Town Officials, Town of Vail Municipal Code. Tom Moorhead presented this Ordinance for second reading. There was discussion among Council as whether or not to put conditions on getting the increased salary, such as attending at least 85% of all work sessions and evening meetings. Jan Strauch moved to approve Ordinance 23, Series of 1995 on second reading with a second by Sybill Navas. A vote was taken and passed unanimously, 7-0. Vail Town Cuuncd Evening Meeting Minutes I U2105 Fifth on the agenda was the reading of Resolution No, 25, Series of 1995, Adopting the Eagle River Watershed Plan. Paul Reeve and Mike Mollica presented this Resolution which had been discussed at the 11/14/95 work session. The Eagle River and its tributaries are geographic features that are a shared resource in Eagle County. Gore Creek and the Eagle River are sensitive natural features that provide habitat for a multitude of plants and animals. The fundamental purpose of the Eagle River Management Plan is to develop a common philosophy for managing and protecting this critical resource in our region. Participants in this plan include recreational interest groups, developers, water districts, Federal, State, County, and local agencies. Each agency is currently reviewing the Plan to determine if they would be willing to pass a resolution committing themselves to implement the Plan, as practical and feasible. The Planning and Environmental Commission reviewed this Plan on August 28, 1995 and voted unanimously to recommend to the Vail Town Council that a resolution be adopted to implement the Plan, as feasible, for the Town of Vail. On October 23, the Town Council reviewed the Plan and directed staff to develop a resolution to adopt the Plan which would specifically state the areas the Town would implement. Tom Steinberg moved to approve Resolution 25, Series of 1995 with a second by Mery Lapin. A vote was taken and passed unanimously, 7-0, Sixth on the agenda was a update discussion about 1-70 chain enforcement. The Council approved an operational plan presented by Acting Police Chief Jeff Layman for enforcement of the state chain law on 1-70 during inclement weather. In addition, the Council supported a recommendation by the president of the Colorado Motor Carriers Association to establish a task force to continue working on solutions at the state and local levels. The operational plan presented by the Vail Police Department includes: • Enforce existing state chain law, which assesses a $39 fine for violators, as opposed to immediate consideration of a local ordinance. Layman said he wanted to test the deterrent aspects of the $39 fine "for a few more storms" before recommending any additional action at the local level. Since November 1, the Vail Police Department has written six tickets to truckers who have violated the chain law on 1-70. Layman said the six were probably the most his officers --and possibly the Colorado State Patrol combined --had issued in recent years. • Assignment of a Vail police officer to work overtime at the East Vail exit area for chain law enforcement on weekdays when the chain law is enacted. This action, Layman said, would supplement the Colorado Department of Transportation and Colorado State Patrol enforcement programs, which will be operated on Saturdays and Sundays only. • Draft a local ordinance that mirrors the state chain law ordinance, in case compliance with existing laws is ineffective. • Layman said the department has been experimenting with an enforcement presence on the interstate since November. And already, he says, police presence has had an immediate effect on voluntary compliance with the chain law. The Council then heard from Greg Fulton, president of the Colorado Motor Carriers Association, who gave an update on the organization's efforts to become part of the solution, Fulton said CMCA is pursuing actions, such as: • Providing a "pusher -truck" at the top of Vail Pass to expedite clearing of the roadway when mishaps occur. A similar program is in place on Donner Pass in California. • Implementation of an education campaign to inform out-of-state truckers as to Colorado's chain law and the need for chains under certain conditions. • Assisting in passage of new state legislation to toughen the chain law to increase compliance. • Working with CDOT and others toward an overall plan for 1-70 to address increasing traffic on the corridor. • Investigating development of a "command center' to dispatch weather and road condition/closure information to various trucking companies. MT.- 0un41 Evening Ming Mlnutu 11121r'J5 In suggesting a task group to continue the dialogue, Fulton said the association was particularly interested in relocating Vail's chain -up area "farther up the hill" beyond the East Vail exit. He said a new area would preserve wear and tear on the highways, increase safety and prevent damage to the truckers' chains. Joe Macy, from Vail Associates, also participated in the discussion. VA has been a partner with the town and other state agencies in working to address last year's record closures along 1-70. Seventh on the agenda George Ruther presented a call-up of a DRB decision regarding the Cook residence located at 1012 Eagles Nest Circle/Lot 2, Block 6, Vail Village Seventh Filing. On September 26, 1995, the Town of Vail Department of Community Development received a letter from Tom and Florence Steinberg requesting the call-up of a Design Review Board decision made at the September 20, 1995 Design Review Board meeting. The request for the call-up of the item, for review by the Town Council, is in accordance with Section 18.54.090 (Appeal to Town Council) of the Town of Vail Municipal Code. Council is asked to uphold, uphold with conditions, or overturn the Design Review Board's decision of September 20, 1995 to allow for an addition to the Cook residence On September 20, 1995, the Town of Vail Design Review Board approved a residential addition to the Cook residence using two 250's. The vote by the DRB was 4-1 in favor of the request. DRB member Bob Borne cast the dissenting vote. On October 17, 1995, the Vail Town Council approved the request of Sam Cook for a 30- day extension to the appeal process. Prior to the review of the Cook residential addition at the September 20, 1995 DRB meeting, staff completed a zoning analysis of the property. The purpose of completing the zoning analysis was to make a determination as to whether or not the property was in compliance with the Town of Vail Zoning Code. Upon completion of the zoning analysis, it was determined that the property and the application were, in fact, in compliance with the Town of Vail Municipal Code. Since the application is in compliance with the zoning code, staff is recommending that the Town Council uphold the DRB's decision of September 20, 1995. Tom Steinberg stepped down from the Council table. Tom had come up to the podium to speak when Rick Rosen stated he did not think that Tom, as a Council member, could address the Town Council on this issue. Tom Moorhead agreed. At this time Flo Steinberg presented the Steinberg's protest of the DRB's decision. George Ruther went over the code requirements. Sybill Navas requested background information from the DRB presentation. Rick Rosen spoke on behalf of Sam Cook. He went through the code requirements and stated that this addition did not have a kitchen, but only a sink and small refrigerator. Sybill again requested why the Council was not provided more background information and wanted to know why Bob Borne dissented to this item. George Ruther explained that in his opinion, Bob Borne voted against the motion not because the addition did not conform with the Design Review Guidelines, but instead because he felt the property owner may use the addition as a lock -off apartment, thus creating a third dwelling unit on the property. Tom Moorhead stated that this should be referred to the PEC for their review of the staff zoning analysis. Rick Rosen asked for a motion and a vote on the DRB decision that they were there for. Paul Johnston moved to uphold the DRB approval with a second from Rod Slifer. A vote was taken and failed 3-3, with Mery Lapin, Sybill Navas and Peggy Osterfoss opposed. Vail Town Cu fl Evening Meeting Minutes 11121/95 Peggy was asked to leave the meeting to canvas the election votes at this time. Paul Johnston moved to recess this issue until the Town Attorney could do some research and until Peggy returned to the meeting. Sybill Navas seconded this motion. A vote was taken and passed unanimously, 5-0. (Steinberg recused, and Osterfoss out to canvas election votes). At this time Tom Steinberg rejoined the Council at the table and they went on to the next item on the agenda. Eighth on the agenda was a request for a Sign Variance from Section 16.20.040(a), Free Standing Signs, Joint Directory Signs for a Multi -Tenant Building, Purpose. The applicant is Leo Palmos, owner of the Vail Gateway Plaza being represented by Craig Klemz. George Ruther asked the Council to approve, approve with conditions or deny the applicant's sign variance request. On Wednesday, November 15, 1995, the Town of Vail Design Review Board (DRB) heard the applicant's request for a sign variance from Section 16.20.040(a) of the Sign Code. According to Section 16.20.040(a), the purpose of a free standing, joint directory sign for a multi -tenant building is to allow for the display of the names of each interior tenant within the building. The applicant is seeking a variance from the Sign Code to allow for the display of the general nature of each of the tenants within the building, rather than specifically listing the tenants by name. (See attachments in memo dated 11/15/95). Section IV of the staff memorandum to the Design Review Board (dated 11/15/95) includes staff's recommendation on the proposed sign variance request. Staff is recommending denial of the requested sign variance. Staff has reviewed the sign variance application and believes that the applicant has not met all the criteria listed in Section III, Findings and Criteria for. Approval. Specifically, staff believes that the applicant has not adequately addressed findings A and C. Craig Klemz addressed Council stating the need for the sign being that the public was confused as to the nature of this building. Rod Slifer moved to uphold the DRB decision with a second from Jan Strauch. There was discussion and then Rod amended his motion to uphold the DRB decision with a condition that "Parking" be removed from the sign, with a second from Paul Johnston. Discussion continued as to placement of the sign. A vote was taken and passed 4-2 (Lapin and Steinberg against) to approve a sign variance request for the Gateway Plaza. The Council attached a condition that it shall be the responsibility of the Design Review Board to resolve sign location and parking sign issues. The applicant sought to install a directory sign which would display the general nature of each of the tenants, rather than specifically listing the tenants by name. At this time Peggy Osterfoss returned to the Council table, Tom Steinberg stepped down, and Council went back to item No. 7 on the agenda regarding the Cook residence. Tom Moorhead gave a recommendation on the process that would be appropriate. Sybill moved to uphold the DRB approval conditioned upon additional review of the project by the Planning and Environmental Commission of the staff's zoning analysis. Paul Johnston seconded the motion, a vote was taken which passed 5-1-1 (Slifer against, Steinberg recused). The PEC review will take place on Dec. 11. Adjacent property owners, Tom and Flo Steinberg, have protested the project due to visual and density concerns. Ninth on the agenda was the Town Manager's Report. There was no formal report although Larry Grafel went over a memo regarding the Eagle County Commissioners' meeting regarding regional highway issues, which was in the packet. Vsil l', wn Council Evening Meeting Minutes 1112105 Tenth on the agenda was the information update. Eleventh on the agenda were Council reports. Mery reported that the Sister City visit by the St. Moritz delegation when very well. He said the discussions, which focused on joint marketing and public relations; special events; and employee exchanges would produce good results for the future. He hope that Council will continue to support this program. Twelfth on the agenda were any other items to discuss. Tom Steinberg suggested the Council sponsor a meeting with environmental groups, Vail Associates and the Forest Service to discuss the EIS report for the proposed Category III expansion. Thirteenth on the agenda was an executive session. Paul Johnston moved to approve Bob McLaurin's employment contract for one year with a second by Sybill Navas. A vote was taken and passed unanimously 7-0. There being no further business the meeting was adjourn at approximately 10:35 p.m. Respectfully submitted, . Margaret A. Osterfoss, Mayor ATTEST: Zoo %ti��CLfG�I(P� aL Holly McOutcheon, Town Clerk Minutes taken by Anne Wright on behalf of the Town Clerk. ('Names of certaln intlivltluals who gave public Input may be Inaccurate.) Cl VaU `ro— C.—RE—mg Meering Minces 11.n 1195