HomeMy WebLinkAbout1985-12-03 Town Council MinutesMINUTES
VAIL TOWN COUNCIL MEETING
DECEMBER 3, 1985
7:30 p.m.
A regular meeting of the Vail Town Council was held on Tuesday, December 3, 1985, at
7:30 p.m, in the Council Chambers.
MEMBERS PRESENT: Paul Johnston, Mayor
Kent Rose, Mayor Pro Tem
Eric Affeldt
Dan Corcoran
Gail Wahrlich-Lowenthal
Gordon Pierce
Hermann Staufer
TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
The first item on the agenda was the approval of the Minutes of October 25, November
5, 19 and 22, 1985 meetings. Eric Affeldt abstained from the October 25, November 5
and 19 meetings minutes in that he was not a member of the Town Council at that
• time. Hermann Staufer made a motion to approve the minutes, which was seconded by
Gordon Pierce. A vote was taken and the motion passed 6-0 on the minutes for the
October 25, November 5 and 19, 1985 meetings with Eric Affeldt abstaining, and
unanimously 7-0 on the November 22, 1985 meeting.
The second item on the agenda was the approval of a Booth Creek Tot Lot. Kristan
Pritz gave detailed background information on the tot lot. After much discussion by
the public and Council, Kent Rose made a motion to approve the site for the tot lot
and instruct the staff to hold a couple more public meetings for more input from the
residents in the area, which was seconded by Dan Corcoran. At this point, Joan
Carne asked Mayor Johnston if Kent Rose and Dan Corcoran should abstain because they
live in the affected area and are directly involved. Mayor Johnston stated that the
only reason for asking for abstention is when the action involves personal financial
gain. Larry Eskwith agreed. A vote was taken and the motion passed 5-2, with
Gordon Pierce and Hermann Staufer opposing. Gordon Pierce stated there needed to be
more planning done on the tot lot for the public's sake.
The next item was the second reading of Ordinance No. 30, Series of 1985, an ordi-
nance deleting the sales tax exemption for food sales. Mayor Johnston read the
title in full. Steve Barwick explained the background of this ordinance. Ron
Phillips transmitted E. E. Clemens' concerns over their cash register's limita-
tions. After some discussion by the public and Council, Hermann Staufer made a
motion to approve the ordinance, and Dan Corcoran seconded. A vote was taken and
the motion passed 6-1, with Gail Wahrlich-Lowenthal opposing due the the amount of
revenue already raised during the budget process.
The fourth item on the agenda was the second reading of Ordinance No. 28, Series of
1985, an ordinance on larceny. The title was read in full by Mayor Johnston. Larry
Eskwith explained the reasoning for this ordinance. After a short discussion by
Council, Kent Rose made a motion to approve the ordinance, which Gail Wahrlich-
Lowenthal seconded. A vote was taken and the motion passed unanimously 7-0.e.
The next item was the first reading of Ordinance No. 32, Series of 1985, an ordi-
nance making supplemental appropriations in the Town of Vail budget. Mayor Johnston
read the full title. Steve Barwick gave background information on the supplemental
appropriations. Hermann Staufer thanked Steve for the breakdown and all his hard
work on the budget for 1986. A motion was made by Gail Wahrlich-Lowenthal to
approve the ordinance, which was seconded by Kent Rose. A vote was taken and the
motion passed unanimously 7-0.
The sixth item was the Fall Line Apartments time share proposal. Rick Pylman gave a
detailed explanation on background information. He explained staff recommended
denial based on the following findings:
1. Relationship and impact of the use on development objectives of the Town.
2. The effect of the use on light and air, distribution of population,
transportation facilities, utilities, schools, parks and recreation
facilities and other public facilities' needs.
• 3. Effect upon traffic with particular reference to congestion, automotive and
pedestrian safety and convenience, traffic flow and control, access,
maneuverability, and removal of snow from the street and parking areas.
4. Effect upon the character of the area in which the proposed use is to be
located, including the scale and bulk of the proposed use in relation to
surrounding uses.
Jay Peterson, representing Kaiser Morcus, explained the differences between time
sharing and employee housing. He gave lengthy detailed information as to why they
want the request approved. There was much Council discussion with Jay Peterson.
They requested a three year limit, after the date of opening, to determine if
construction of the twenty-five additional parking spaces was needed. They also
requested a letter of credit to guarantee the money would be available for this, if
needed, and that the PEC has an annual review with the developer/owner for employee
housing.
Larry Eskwith stated there were three steps which needed to be voted on:
1. A conditional use permit for time sharing within the HDMF zone district.
• 2. A condominium conversion approval according to Chapter 17.26 of the
Subdivision Regulations.
3. An amendment to Special Development District 7 with respect to a
restriction on Fall Line apartments to serve as employee housing for the
Marriott Mark resort through 1989.
Hermann Staufer made a motion that the Marriott Mark resort be relieved of the
employee housing condition on SDD7 through 1989, and amend the condition to be
reviewed annually through appropriate channels as to the appropriate number of units
to be provided for employee housing. Gordon Pierce seconded the motion. A vote was
taken and the motion passed unanimously 7-0.
Dan Corcoran made a motion to uphold the Planning and Environmental Commission
decision on the Fall Line condominium conversion and remove the employee housing
provision. Eric Affeldt seconded the motion. A vote was taken and the motion
passed unanimously 7-0.
Dan Corcoran made a motion to uphold the Planning and Environmental Commission
conditions for time sharing:
• 1. An on -site shuttle bus be provided.
2. A user tax be instituted as discussed and agreed to by applicant.
3. A letter of credit be submitted to the Town of construction of the path
between this project and Cascade Village.
4. The Fire Department review and approve the parking lot configuration while
maintaining a minimum of 51 parking spaces.
He also included staff's additional conditions:
1. There shall be no marketing of the Fall Line time share project within the
public right-of-ways of the Town of Vail.
2. The project bear its fair share of undergrounding the utilities in the
area.
3. The proposed budget for the project be adopted as a minimum and that there
be an obligation on the part of the project to enforce their own parking
problems.
is He also included two additional conditions:
1. A letter of credit be required in an adequate amount to cover the most
expensive alternative of building a maximum of twenty-five additional
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parking spaces, within three years of completion, if deemed necessary by
the Town of Vail.
2. The additional parking, if needed, be limited to its own property; not any
outside property.
Kent Rose seconded the motion. A vote was taken and the motion passed unanimously
7-0.
The next item on the agenda was the first reading of Ordinance No. 31, Series of
1985, an ordinance regarding the leasing of private parking spaces. Mayor Johnston
read the full title of the ordinance. Tom Braun gave background information on the
ordinance. Dan Corcoran stated he thought the provision that employee parking
should be given first consideration should be noted. After some discussion by
Council, Gail Wahrlich-Lowenthal made a motion to approve the ordinance, with the
correction in wording to change Section 1.A back to ten spaces from thirty. Gordon
Pierce seconded the motion. A vote was taken and the motion passed unanimously
7-0.
The eighth item on the agenda was the reading of Resolution No. 35 adopting Policy
Statement 85-7. Gail Wahrlich-Lowenthal made a motion to approve the resolution,
which Hermann Staufer seconded. A vote was taken and the motion passed unanimously
7-0.
The next item was Resolution No. 36 setting a new date for a public hearing on
annexing the Buffehr Creek area West Vail. Larry Eskwith explained that the Vail
Trail failed to publish the second notice of four required, and the process had to
start over completely, resulting in this new resolution. A motion was made by
Hermann Staufer to approve the resolution, which Kent Rose seconded. A vote was
taken and the motion passed unanimously 7-0. Mayor Johnston wanted to communicate
to the community that worked so hard to get everything in by the deadlines how sorry
the Council was for the problems and delays. Kent Rose thought the incident was
inexcusable and wanted to change papers for advertising. Gordon Pierce suggested
putting public notices in two papers for security.
The tenth item was the action on the lease for Vendetta's deck. Larry Eskwith
explained the lease agreement and why he thought the Council could approve. Also,
he noted that Exhibit A, a survey of the property, would be updated as soon as
possible next spring. After a short discussion by Council, Gail Wahrlich-Lowenthal
abstained from voting, as she has an interest in the procedures. Kent Rose then
made a motion to approve the lease agreement, and Hermann Staufer seconded. A vote
was taken and the motion passed 6-0, with Gail Wahrlich-Lowenthal abstaining.
There was no Citizen Participation.
Next was the Town Manager's report. He noted that Jay Hatfield, a Maintenance
• Worker a the Library, was the October Employee of the Month and Janiel Turnbull, a
Fleet Technician, was the November Employee of the Month. Gary Murrain, as of
December 1, is the permanent Chief Building Official. Also, Thanksgiving weekend
the Village parking structure filled two days and Lionshead parking structure filled
one day and was close to filling one other day. This had never happened before.
u
At this time, Ron Phillips asked the Council for approval and comments on a letter
to Richard Woodrow of the U.S. Forest Service. Changes in wording were noted on the
first page, second line from bottom, "false" to "incorrect", and on page two, third
paragraph, strike out "strongly".
There being no further business, the meeting adjourned at 11:40 p.m.
Respectfully submitted,
Paul R. Johnston, Mayor
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ATTEST:
am a A.ir�nrtoeyer, T��rk
Minutes taken by Brenda Chesman
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Children who walk to The Vail Mountain School Grades K-4:
• 1 Thomas
3 Gottliebs
2 Genths
2 Kendalls
1 Hollis (Usually drives)
1 Anderson
Children who take the Red Sandstone bus Grades K-4 IZ1
1 Thomas
2 Williamsons
1 Levy
1 Canada
2 Vieles
7 Mortar
1 Rose
2 Phillips
1 Wheeler
Preschoolers:
2 Corcorans
1 Viele
3 -4,