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HomeMy WebLinkAbout1978-02-07 Town Council MinutesMINUTES VAIL TOWN COUNCIL REGULAR MEETING 7 FEBRUARY 1978 . The regular meeting of the Vail Town Council was convened in the Council Chambers of the Vail Municipal Building at 7:35 P.M., on Tuesday, February 7, 1978. Mayor Rod Slifer and the following Councilmembers were present: Paula Palmateer Tom Steinberg John Donovan Robert Ruder William Wilto Bill Heimbach Others present included: 'Larry Bernstein, Deputy Town Manager Larry Rider, Town Attorney Ordinance Number 1, Series of 1978, adopting the 1977 Supplement to the Vail unicipal Code was introduced on second reading. Mayor Slifer asked if all Councilmembers ad read the ordinance; all had, and there was no discussion. Councilmember Palmateer moved to approve the ordinance on second reading; Councilmember Donovan seconded the motion; all present voted in favor; and the motion carried. Ordinance #1, Series of 1978 will be published by title only. Ordinance #2, Series of 1978, rezoning Lot 4, Block 1, Bighorn Third Addition, Lot27, Block 2, Vail Village Thirteenth Filing, and Lot 3, Block 9, and the South 1/2 of Lot 1, Block 3, Bighorn Third Addition, was introduced on second reading. Mayor Slifer asked for discussion from the Council and public. Diana Toughill explained the need for this rezoning to be done by ordinance rather.than motion in order to legally change the zoning maps. There was no further disucssion and Councilmember Steinberg moved to approve the ordinance on second reading; Councilmember Heimbach seconded the motion. All present voted in favor and the motion carried. Ordinance No. 2, Series of 1978 will be published by title only. Ordinance No. 3, Series of 1978, imposing a Land Transfer Tax, was introduced on first reading. Mayor Slifer read the title of the ordinance into the official record: "An Ordinance imposing a Land Transfer Tax upon the Transfer of interests in real property; Earmarking the proceeds therefrom for the purchase of real property to be used for open space, recreational or park purposes, or employee housing; Requiring the collection of such tax by the Town Manager or his agents; Exempting certain transactions from the tax imposed; establishing procedures for *aciuiring a certificate of exemption; Establishing a Land Acquisition Advisory Committee, Establishing penalties for violations of this ordinance; Creation of a lein oi) the property transferred for the amount of the tax usipaid; Submitting this ordinance to the qualified electors of the Town; and setting forth details in relation to the foregoing". He then - or discussion from the Council and public. Councilmember Donovan requested that this item n the agenda be moved to later in the meeting to allow time for additional audience members to arrive. The Council was in agreement. Ordinance No. 4, Series of 1978, rezoning Lot 2, Block 2, Vail Village Twelfth Filing was then introduced on first reading. Diana Toughill explained that this rezoning constituted a down - zoning of the parcel and that the Vail Planning Commission had recommended approval. Mayor Slifer asked for discussion from the Council and public. There was none and Councilmember Wilto moved to approve Ordinance No. 4, on first reading; Councilmember Donovan seconded the motion; all present voted in favor and the motion carried. Ordinance No. 4, Series of 1978 will be published in full. 7fie next item on the agenda for Council consideration was the Landmark request for setback and parking variances. Mayor Slifer asked Diana Toughill to briefly cover the history of the requests in terms of previous meetings. She then introduced Jay K. Peterson, Attorney, acting on behalf of the developers of Landmark, who explained the changes made in the proposal sut nce the last appearance before Council. He explained that the first floor addition to the isting building would be built, but the second floor addition would not be built at this time, would be a deck instead so that the second floor could be added at a future date. He displayed an elevation map and explained the window arrangement of the building and what sight lines would exist. He went on to discuss the feeling of the developers in terms of the land- scaping of the area being that of greater importance than the parking of cars, although he MIiVUTES TOWN COUNCIL FEBRUARY 7, 1978 PAGE TWO acknowledged that parking problems do exist, he added that the developers of Landmark were doing more than just providing for their own parking at this time. Councilmember Wilto asked if the developers would be willing to put money into escrow for future parking needs and Mr. Peterson replied that they would. Edward Volpe, attorney for Kostas Taverna stated that his client would no longer oppose the project. Mr. Mattio, another tenant of the Landmark buildingstood to state that he was opposed to the project and asked for proof that the other tenants of the building were in agreement with the proposed addition. He asked that the Council table the matter until all tenants agreed with the proposed project. There was a general discussion among the Councilmembers, developers and tenants regarding the proposals in the project relating to sight lines, ground level displays, windows and the existing stairs. Mayor Slifer then stated for clarification the choices of the Council regarding granting or refusing the variance requests. He stated that the setback variance request and the parking variance request for 26 spaces should be considered separately. Town Attorney Larry Rider then clarified the criteria for the decisions as: Consideration must be on the basis 0-hat the variances do not create a detrimental effect on the health and welfare of the neighborhood; that they must consider the long range effects of any variances granted; and that they must consider whether any long term material damages will result. Mayor Slifer reminded the the Counil that the setback question was the only criteria. Councilmember Ruder *oved to approve the request for setback variances and asked the applicant to submit a sign rogram. He then clarified his motion to state that the setback variance would be for the first floor and with the agreement of the the tenants, the second floor could be built without coming back to council for approval. Councilmember Wilto seconded the motion. Mayor Slifer called for a vote; Voting yes were: Councilmembers Wilto, Ruder and Palmateer. Voting No were Councilmembers Heimbach, Steinberg, Donovan and Mayor Slifer. The motion failed. Mayor Slifer then returned to Ordinance No. 3, Series of 1978, since the audience had since filled up with those who were interested in this matter. Having earlier read the title into the record, Mayor Slifer began to explain the background regarding the growth management and real estate transfer tax committees and the work they had done to lay the ground work for this ordinance. Bob Fritch, from the Sitzmark Lodge, stated that he objected to the funds from the tax being spent for employee housing, and that he believed that this addition to the ordinance was in conflict with the uses for open space. Harold Shaw from the Lodge at Vail stated that he disliked the idea of a transfer tax and that he was personally against the tax. Councilmember Donovan defended the concept and reminded Mr. Shaw that an election would be held and that the public could decide. Mr. Shaw then stated that he was in agreement with the concept, but that he felt the Council might look for other ways fund purchase of open space and other methods of controlling growth. • Councilmember Steinberg then moved to approve Ordinance No. 3, Series of 1978 on first reading; Councilmember Donovan seconded the motion; all present voted in favor and the motion passed. •Ordinance No. 3, Series of 1978 will be published in full. The next item on the agenda for Council consideration was a request for setback variance for Lot 8, Block 1, Vail Village Sixth Filing, from Federline. Mayor Slifer introduced Diana Toughill who introduced James Morter, architect for the applicant who explained the need for variances due to the site restrictions. He explained that the house would be stepped up back into the hill and that created the necessity for height variances. He then explained that the landscaping would be completed so as to preserve the site, and that there would be no impact on the neighbors in terms of drainage or views. Mayor Slifer asked if Dr. Eulein had been contacted. Mr. Morter replied that he had been unable to contact him. Mayor Slifer then asked for questions from the Council or public. There were none. He then stated for the record that the Planning Commission had recommended approval of the variance request. Councilmember Heimbach moved to approve the variance; Councilmember Palmateer seconded the motion; All present, except Mayor Slifer, voted in favor and the motion carried. Mayor Slifer pointed out that he voted against the variance because he feels the Council should not have passed the variance without having advised the neighbors of the request. The next matter for Council consideration was a request for funding from Colorado Mountain 0,ollege. Randy Milhoan from CMC outlined the request for $10,000 and explained that the funds were needed to help support the CMC SummerVail Workshop in the areas of working scholarships and housing and advertising. Councilmember Heimbach asked Mr. Milhoan to supply to the Council a complete Budget for the CMC program in Vail. Mr. Milhoan agreed to do so. Councilmember Steinberg clarified that he would like to see a budget for the entire Vail operation, not just the Summervail Workshop. There was a general discussion regarding what percentage of Vail taxes went to CMC and the service level of the SummerVail Workshop. Mr. George Knox, a vail MINUTES VAIL TOWN COUNCIL 7 February, 1978 page three 0resident stated that he supports the request for funds and Mr. Jim Cotter, a vail resident, sked for a quick decision from the Council to enable the program to be advertised as soon as possible. Councilmember Donovan moved to approve a contribution of $10,000 fromthe Town of Vail to Colorado Mountain College, pending the approval of an operating budget. Council - member Wilto seconded the motion. all present voted in favor and the motion passed. The next item on the agenda was a discussion regarding the Gondola I proposal from Vail Associates and the appeal of an administrative decision. Mayor Slifer explained the back- ground regarding the request of the Town of Vail that Vail Associates place a dollar value on the building space. Phil Ordway, representing Vail Associates explained the background and site plan for the proposed project. Citizens Dudley Abbott and Josef Staufer,stated that they were led to believe that there would always be a Gondola I and that they were in favor of the Town of Vail buying the space for preservation. They further stated that they thought Vail Associates should honor its committments made to people who came to Vail and invested. Mr. Robert Oliver presented a petition to the Council stating support for the preservation of the open space. There was general discussion among the citizens in attendance stating support for the proposed project and support for the Town of Vail purchase of the land. Consensus of public opinion was support of the purchase of the space by the Town of Vail for preser- Oation of the open space in the plaza. Mayor Slifer then asked for comments from the Council. Counclmember Steinberg stated that it was not the lack of Gondola I that would kill the golden goose, that the Town should ut land to prevent development of additional condominiums. Councilmember Palmateer stated hat she thought the price was to high for the parcel. Councilmember Heimbach stated that he thinks the town has made wise buys in the past in terms of dollar value per acre, but that this 1/4 acre is not worth the asking price. Councilmember Donovan stated that the Council was not just looking at 1/4 acre, but the preservation of that space would benefit everyone in the core and encourage people to come to the core area. Councilmember Ruder stated that he had concerns about whether or not the Town of Vail budget could handle this expense down the road. Councilmember Wilto stated that it would be advantageous to the Town to purchase the open space but that he felt that the price was too high. Mayor Slifer stated that he agreed with Councilmember Donovan in that the space should be preserved and supported the purchase by the Town of Vail. Deputy Town Manager Stan Bernstein stated that the Town was not necessarily bound to the financing plan outlined by Vail Associates, that there were other possible alternatives and that the Town budget could stand to bear another $60,000 per year expenditures. Mayor Slifer then called for a motion from the Council. Councilmember Donovan,moved_to proceed with the purchase. Councilmember Ruder seconded the motion. Councilmembers voting in.favor were: Donovan and Slifer. Councilmembers voting against were: Palmateer, Steinberg, Heimback, Ruder and Wilto. The motion failed. ou Parker, a vail resident then asked Mayor Slifer if the price could be negotiated. The ayor stated that the Council would be happy to continue negotiations. Mr. Parker then requested that that more negotiations take place. he next matter for Council attention was the appeal of an administrative decision of the own of Vail Zoning Administrator by Mr. Charles McDermott, an attorney. Larry Rider introduced Mr. McDermott who explained that his appeal was directed to the approvals granted by the Zoning administrator of the Gondola I project for building. He then proceeded to present evidence and question Ms. Toughill, the Zoning Administrator regarding the requirements of an environmental impact statement for developments. At this point he was interrupted by Mayor Slifer who asked Town Attorney Larry Rider if this process of question and answer was appropriate at this time. Mr. Rider stated that in the appeal Mr. McDermott does have the right to present evidences as he sees fit. Councilmember Heimbach requested that Council consider tableing the hearing of the appeal for two weeks so that Vail Associates and the Town of Vail Could study the appeal. Mr. McDermott stated that a copy of the appeal had been sent to Vail Associates, the Town of Vail and Ms. Toughill dated January 20, 1978. There was a brief discussion regarding whether or not the presentation should take place tonight or whether it should be tabled. Councilmember Heimbach moved to table the matter of the appeal for two.weeks. Councilmember Steinberg seconded the motion; all present voted in favor and the motion carried. he next matter for Council attention was the appointment of members to the Design Review oard and the Planning Commission. Councilmember. Heimbach moved to reappoint Bill Ruoff and Abe Schapiro to the Design Review Board, and to reappoint Dudley Abbott and Gerry White to the Planning Commission to allow more time for additional applicants to come forth. . M-INU-TES VAIL TOWN COUNCIL 7 February, 1978 PAGE FOUR OUNCILMEMBER Steinberg seconded the motion. All present voted in favor and the motion arried. The next matter for Council attention was the appointment of a member to the Local Licensing Authority. One application had been received from Bette Renz. Councilmember Donovan moved to appoint Ms. Renz. Councilmember Wilto seconded the motion. All present voted in favor and the motion carried. The next item on the agenda was a discussion of an amendment to the dog control regulations. Mayor Slifer introduced Pat Dodson, Town of Vail Recreation Director , who outlined the memo sent to Council regarding the problems being experienced by the recreation department on public lands and facilities with dogs not under control. Mayor Slifer stated that the Council had directed Town Attorney Larry Rider to do an amendment to the existing dog control ordinance to require leashing of dogs on public recreational facilities. There was a general discussion of the overall dog problem. Gordon Swanson, Fire Chief, stated for Council information that the Fire Department has assumed responsibility for dog control and that shortly there would be improved coverage in the area of enforcement of the dog ordinance. tayor Slifer suggested that the Council should consider having a public meeting on the dog roblem at its first meeting in March. The next item for attention of the Council was the reports of the Town Manager and Town 4ttorney. Larry Rider reported that the Vail Run lawsuit had been settled which cleared up he Lionsridge annexation and zoning. There being no further business for the Council, Councilmember Donovan moved to adjourn. Councilmember Palmateer seconded the motion, all present voted in favor and the motion carried. MAY4� ` 1// ATTEST: TOWN CLER � • E 0