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