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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