HomeMy WebLinkAbout1978-08-01 Town Council MinutesAGENDA
VAIL TOWN COUNCIL
REGULAR MEETING
1 AUGUST 1978
7.30 P.M.
OATH OF OFFICE
Councilman Scott Hopman
ORDINANCES AND RESOLUTIONS
1. Ordinance No. 23, Series of 1978, second reading, rezoning
Lot 3, Block A, Lionsridge Filing No. 1, from Agricultural
to Residential Cluster.
2. Ordinance No. 24, Series of 1978, second reading, amending
Title 18 of the Vail Municipal Code, regarding real property
acquired by the Town of Vail.
3. Ordinance No. 25, Series of 1978, first reading, amending
Ordinance No. 14, Series of 1978, to prohibit vehicular
traffic in the Gore Creek Drive/Bridge Street pedestrian
mall between 11:00 a.m. and 2:00 p.m.
4. Resolution No. 17, Series of 1978, recognizing members of
Scout Troup 230 and Cub Scout Pack 230 of Edwards.
PRESENTATIONS
5. Statter Residence - appeal of Planning and Environmental
Commission denial of request for site coverage variance
for Lot 10, Vail Valley Third Filing.
6. Stanley A. Black - request for setback variance for Lot 30,
Vail Meadows Filing No. 1.
7. Planning staff - appeal of Planning and Environmental
Commission grant by default of GRFA variance for Marvin
Simon, Units 23 & 25, Lot 5, Block A, Lionsridge Filing
No. 1, Lionsmane Phase II.
8. Gordie & B.J. Rowe - appeal of recreation amenities fee for
single family residence, Tract A, Bighorn Terrace.
9. Employee Housing Task Force - status report and general
discussion.
10. Learning Tree - request for lease agreement.
11. Presentation regarding Public Works Maintenance Facility.
12. Appointment of Board of Appeals for Uniform Building Code.
TOWN MANAGER REPORTS
TOWN ATTORNEY REPORTS
CITIZEN PARTICIPATION
U
MINUTES
VAIL TOWN COUNCIL
REGULAR MEETING
AUGUST 1, 1978
1Tie Vail Town Council convened for its regular meeting at 7:40 pm on Tuesday, August 1, 1978,
in the Town Council Chambers of the Vail Municipal Building.
The following Councilmembers and Mayor Rodney Slifer were present:
John Donovan
Bob Ruder
Tom Steinberg
Bill Wilto
Also present were: Town Attorney Larry Rider, Town Manager Terry Minger and Scott Hopman,
the newly appointed member of the Town Council.
The first matter for Council's attention was a brief statement from Don Oden of Vail Associates
regarding a report of the success of the Red Zinger Bicycle Classic held recently in Vail and
an expression of appreciation from the community for the assistance given to the event by the
Tow Council and the Town of Vail.
dinance No. 23, Series of 1978, rezoning Lot 3, Block A, Lionsridge Filing No.1, from
icultural to Residential Cluster was introduced on second reading by Mayor Slifer. Diana
ughill, Zoning Administrator explained the minor changes made to the ordinance on first
reading.Councilmember Steinberg moved to approve the ordinance on second reading; Councilmember
Ruder seconded the motion. All present voted in favor and the motion passed.
Ordinance No 24, Series of 1978, amending Title 18 of the Vail Municipal Code, regarding real
property acquired by the Town of Vail was introduced on second reading. Diana Toughill explained
the purpose of the ordinance and the minor changes made at the time of first reading. There
being no disucssion, Councilmember Donovan moved to approve the ordinance on second reading;
Councilmember Steinberg seconded the motion. All present voted in favor and the motion passed.
Resolution No. 17, Series of 1978 recognizing members of Scout Troup 230 and Cub Scout Pack 230
of Edwards was read and introduced by Mayor Slifer. Councilmember Donovan moved to approve the
resolution; Councilmember Steinberg seconded the motion; All present voted in favor and the
motion passed.
The next matter which the Council considered was the request for a lease agreement between the
Town of Vail and the Learning Tree. Diana Toughill explained that the lease was similar to that
granted to the ABC School for use of the Mountain Bell site for a pre-school program. She
further stated that the Design review board had given tenative approval of the building design
had not seen the latest drawings and that the Planning Commission had recommended approval
the lease. There being no further discussion, Councilmember Donovan moved to direct the
Manager to enter into a.lease agreement with the Learning Tree, conditional upon the
approval of the Design Review Board; Councilmember Ruder seconded the motion; all present
voted in favor and the motion passed.
The Council then asked Diana Toughill to explain the request for appointment of four members to
the Board of Appeals for Uniform Building Codes. Ms Toughill explained that the four current
members needed to be appointed to temporary terms on the board to allow for advertisement of the
vacancies and to allow continuance of business of the board. Councilmember Donovan moved to
reappoint the existing members of the board to serve for a 6 month temporary term; Councilmember
Wilto seconded the motion; all present voted in favor and the motion passed. The following
members of the Board of Appeals will serve until December 31, 1978: Jim Viele; George Knox, Jr;
Byron Williamson and Ron Todd.
With the arrival of the Town Clerk at the meeting, Mayor Slifer asked that the oath of office
be administered to Scott Hopman. The oath was administered to Mr. Hopman by Mayor Slifer.
Mr. Hopman will serve in the vacancy created by the resignation of Bill Heimbach, until the
next regular Town Council election in November of 1979.
The Council them undertook consideration of Ordinance No. 25, Series of 1978, amending
dinance No. 14, Series of 1978, to prohibit vehicular traffic in the Gore Creek Drive/Bridge
reet pedestrian mall between 11:00 am and 2:00 pm. Mayor Slifer introduced Ordinance No. 25
on first reading. There was a general discussion between the Council and the public in
attendance regarding the pros and cons of the proposed restriction of deliveries to the
Core area during those hours. Representatives of the core area businessmen, service companies,
and delivery people spoke. The consensus was that some plan to improve the situation needed to
be designed, however, many felt that this was not the best way. Councilmember Wilto moved to
deny Ordinance No. 25, Series of 1978; Councilmember Hopman seconded the motion; The following
MINUTES PAGE TWO
REGULAR MEETING VAIL TOWN COUNCIL 1 August, 1978
Councilmembers voted to deny passage of the ordinance: Bill Wilto; Scott Hopman; Bob Ruder;
"For Slifer. Those voting against denial of the ordinance were: John Donovan and Tom
einberg. The Ordinance was refused, by a 4 to 2 vote.
The Council them moved to the consideration of a request for consideration of the Planning
and Environental Commission denial of a request for site coverage variance for Lot 10,
Vail Village Third Filing - the Statter Residence. The architect for Mr. Statter explained
the reasons for original request for the variances being due to the hazard areas located on
the property and the existance of a handicapped member of the family. There was a general
disucssion between the Council, Mr. Statter and the architect regarding the possible use of,
an elevator in the building, and other possible alternatives to design and construction of the
building which would be possible without a variance. Councilmember.Donovan asked if a two week
delay would cause any hardship for Mr. Statter, who responded that they would probably not start
constuction until next spring anyway. Mr. Donovan then asked if the current drawings could be
left with the Council for further study. Mr. Statter agreed to do so. Councilmember Donovan
then moved to table the question until the next regular meeting of the Council; Councilmember
Ruder seconded the motion; all present voted in favor and the motion passed.
The Council then took up the matter of a contested request from Stanley A. Black for a setback
variance for Lot 30, Vail Meadows Filing No. 1. Town Attorney Larry Rider explained the
background surrounding the contested variance request regarding the timing of the ordinance
requiring notification of surrounding property'owners. Bob and Eve Nott contested the granting
the variance based on the grounds that they, being neighboring property owners were never
tified. Mr. & Mrs. Nott presented their arguments for denial of the variance and Mr. Black
presented his argument for the need of a variance. Mayor Slifer asked the Town.Attorney to
clarify the possible courses of action open to the council. Mr. Rider explained that the
Council could affirm the decision. of the Planning Commission, reverse the decision or affirm
the decision with modifications, Councilmember Wilto then moved as follows: "Mr. Mayor,
I'll make a motion. I would move that we affirm the planning commissions decision with the
modification, the modification being that, the deck in question be moved to the South per
Mr. Black's comments and that the house be moved, uh, not 42 feet Easterly, but 41-, feet from
the property line, or an additional 42feet." Mayor Slifer then repeated the motion by saying,
The motion has been made that the planning commissions actions be affirmed, that the deck
at the, I think it's the West end of the house, be moved in accordance with Mr. Black's
comments and that the house be moved perpendicularly 42 feet from the property line."
Councilmember Hopman seconded the motion. The following Councilmembers voted in favor of the
motion: John Donovan; Scott Hopman, Bill Wilto; Rod Slifer. Those voting against the motion
were°Tom Steinberg and Bob Ruder. The motion carried 4 to 2.
Attorney Terry Quinn appeared before the Council to.address the question of the appeal of the
planning staff of a Planning and Enviromental Commission grant by default of GRFA variance for
Marvin Simon, Unites 23 and 25, Lot 5, Block A., Lionsridge Filing No. I., Lionsmane Phase II.
'too
na Toughill and Larry Rider explained the reason for the staff appeal. Mr. Quinn explained
t the reqson for the variance request was to upgrade the apartments in the building and not
to create additional floor space. Ms. Toughill requested that the Council inspect the premises
before making a desicion on the appeal. Councilmember Steinberg then moved to delay the
question until the next regular meeting of the Council to allow time for inspection; Council -
member Donovan seconded the motion. All present voted in favor and the motion passed. The
time and date for inspection was set at 1:30 pm on Tuesday, August 15th, 1978.
Concerning the appeal of Gordie and B.J. Rowe regarding the recreation amenities fee for a
single family residence in Tract A, Bighorn Terrace., Diana Toughill explained that the appeal
came about because the Rowe house exists in a medium denisty zone and that the Rowes were
assessed a recreation fee based on the medium denisty rate. They have asked that the house
be taxed on the basis of a single family dwelling. Mayor Slifer asked Larry Rider if it would
be possible to ammend the recreation ammenities ordinance, Mr. Rider responded that the Council
could possibly amend the ordinance and consider a rebate to the Rowes. He offered to research
the matter and report to the council at the next regular meeting. Mayor Slifer stated that the
matter would be discussed following that report.
The next item on the agenda was a report to Council and the public from the Employee Housing
Task Force. Staff member Jim Rubin reported on behalf of the task force that two areas of
focus and study by the committee were: 1) long term resident housing and 2) housing for
sonal resident housing and stated that the goal was to obtain 100 units of seasonal housing
the 79-80 season and to assist those builders interested in the construction of long term
housing by whatever means available. Mayor Slifer then invited public input and participation
in -the committee and its efforts.
MINUTES
REGULAR MEETING
PAGE THREE
VAIL TOWN COUNCIL
e Mayor then presented an update to the public regarding the efforts of the Town Council to
amine alternatives in the employee/resident housing question. He stated that the Council had
met with Mr. Shelly Green regarding a proposed public housing project for Vail and that the
earliest projection for start of construction would be 1980. He stated that the he and the
Town Manager had met with Jack Marshal of Vail associates regarding the possibility of any
properties which might be made available for employee housing projects. He further stated that
the Council had not yet met with either Mr. Butterwick or Mr.Ogilby since they were both:out of
town but restated that the Council hoped to meet with both gentlemen within the next week,
The Mayor then asked for public discussion regarding the question. Tom Carnevale of the Vail
Tenants Organization asked if the Town Council had put together any concrete proposals. Mayor
Slifer replied "no, but that the Council had asked the Town Attorney to draft legislation
for the control of time sharing properties in Vail." He further stated that the Council did not
know if the legislation would be legal and that it may wind up in the supreme court. Mr.
Carnevale suggested that Marin County, California may provide an example of the control of
time sharing and Mayor Slifer responded that he would ask Mr. Rider to look into it.
There was a discussion regarding the possibility of restrictions being placed on any future
employee housing projects when they are built to insure that they stay employee housing. The
discussion moved to the specifics regarding what restrictions were placed originally on Apollo
°E^k and how they were altered over the years to now allow the sale of the property and the
nge in status from employee housing.
Mr. Carnevale stated that interval ownership may threaten the,market place ( real estate, shops,
etc.) and may attract only lookers instead of buyers. He further stated that he hopes to enlist
the support of the Vail business community in support of the goals of the Vail Tenants Organ-
ization. There was a brief discussion regarding real estate tax breaks for developers of
employee housing. Larry Rider explained the possible alternatives now being explored by
several people in the state, but stated that he sees no way for a change in the laws to take
place in the immediate future. He also pointed out the difficulty in enacting legal controls
to regulate the time sharing questions.
The Vail Tenants Organization then asked the Town Council to approach Governor Lamm for help
to solve the immediate problem of housing for resident employees. George Knox, Jr., then asked
if the Council would initiate an ordinance for the control of time sharing as a test case.
Mayor Slifer replied that was precisely what the Council had in mind in requesting that Larry
Rider draft legislation regarding time sharing. Mr. Carnevale then asked for individual
statements from the Council regarding the employee housing question. Mayor Slifer stated that
the present position of the council in opposing time sharing was a unanimous one.
There was a brief discussion regarding what projects would be completed this year in time to
p. Basically, there will be none of any magnitude, except 28 units being built by Lazier
Potato Patch and some 78 units being built in Eagle Vail. Mr. Knox asked that the people
of Vail get back to caring about Vail. There followed a discussion regarding the Sunbird Lodge
and porported misrepresentations. Diana Toughill stated that the variances request from the
Sunbird Lodge would be heard at the planning commission meeting of August 8th.
Mr. Carnevale described the detoriation of the quality of life for permanent residents of the
Wren since the advent of time sharing on the premises. He asked if the Wren paid sales tax
on the short term sales being made there. Mayor Slifer said that he would check, and advise.
There was a question regarding the immigration and employment of alien workers in Vail. Bill
Clem from the State Employment office stated that this would not happen since there was an
adequate supply of workers in the area to fill the need. Mr. Clem agreed to meet with Council
in work session to further discuss the question.
Susan Milhoan stated that her polls show that employee housing was the largest single issue of
concern in this district. She stated that she had planned a meeting to discuss this question
on August llth in the Council Chambers. The public is invited to attend for information sharing
with other concerned citizens from Vail and Aspen as well as Eagle County and Pitkin County.
Mr. Carnevale introduced the project manager of the Wren and asked that he present his viewpoint.
_project manager stated that his belief was that interval ownership (time sharing) at the
n, Vail Run, Vail International and others had contributed to employment in the valley and
did not believe that it had changed the structure of the lodging business. He stated that
he believed that it was not bad for the Town of Vail, and further, that the issue was employee
housing - not interval sales. He explained that time sharing was not different from the
nightly reservations system used by Manor Vail, the Lodge and other lodges in Vail.
REGULAR MEETING MINUTES
PAGE FOUR
AUGUST 1, 1978
VAIL TOWN COUNCIL
Mayor Slifer then thanked the public for its input and asked that the open dialogue continue
and encouraged public participation in the process.
0 was the consensus of the Council to postpone an update on the progress of the public works
facility for another date.
Councilmember Donovan moved to adjourn the meeting. Councilmember Steinberg seconded the
motion. All pre.se4 voted in favor, and the meeting adjourned at 11:30 pm.
ATTEST:
TOW4 CL K
•
0