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HomeMy WebLinkAbout1988-04-05 Town Council Minutes6 MINUTES VAIL TOWN COUNCIL MEETING APRIL 5, 1988 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, April 5, 1988, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Kent Rose, Mayor John S7evin, Mayor Pro Tem Eric Affeldt Mery Lapin Gail Wahrlich-Lowenthal Gordon Pierce Tom Steinberg MEMBERS ABSENT: None TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first order of business was ten year anniversary awards to Jacque Lovato and Corey Schmidt. Ron introduced first Jacque, then Corey, and commented on their years of service. Charlie Wick and Ken Hughey each congratulated Jacque and Corey on jobs well done. The next item was the approval of the minutes from the March 1 and 15, 1988 meetings. There was no discussion by Council or the public. John S1evin made a motion to approve the minutes as presented, which Tom Steinberg seconded. A vote was taken and the motion passed unanimously 7-0. The third item was Ordinance No. 9, Series of 1988, first reading, rezoning a part of Lot N and a portion of Lot 0, Block 5D, Vail Village First Filing from Heavy Service to Special Development District with Commercial Core I underlying zone district (Vail Gateway -Amoco Station). Mayor Rose read the title in full, Rick Pylman explained what the ordinance was for. Peter Jamar gave background information briefly, then answered questions of Council. After much discussion by Council, it was decided that before the building permit would be granted, a construction performance bond would be provided to the Town. Lou Meskiman questioned shadows and ice buildup. There was discussion about making the parking user friendly with easy access to shops. Rick Pylman stated staff recommended denial earlier and explained their reasons; the view corridor issue had not been resolved, so the staff still recommended denial. Mery Lapin made a motion to . approve the ordinance with three conditions: 1) to include a landscaping plan on the Standard gas station property; 2) a construction bond required; and 3) zoning would be contingent upon construction beginning no later than July 1, 1990, and building enclosed by November 15 of any year it is started. Eric Affeldt seconded the motion. Mike Cacioppo questioned the fairness of the landscaping condition. Peter Jamar agreed, stating they would try, but he did not think the project should be held up if it did not happen. Rick Pylman stated sidewalk wording was not in the ordinance presently, but would be added for second reading. A vote was taken and the motion passed unanimously 7-0. The fourth order of business was Ordinance No. 8, Series of 1988, second reading, increasing sales tax by .3% for marketing. Mayor Rose read the title in full. Larry Eskwith explained what the ordinance would do and how and that there had been no changes made since first reading. Lou Meskiman questioned what other communities would Vail be comparable with if the tax was raised. Eric Affeldt responded only with Beaver Creek. Mayor Rose aired his feelings on why he was against the increase. Gail Wahrlich-Lowenthal commented she would rather table the ordinance and pursue a marketing plan aggressively. Ken Wilson requested it be put on a ballot for public decision, to which Eric responded. John Slevin agreed with Ken. Lou Meskiman explained why he was against the increase. Neal Donaldson agreed with Lou. Pepi Gramshammer stated he did not think residents were ready to spend money for anything and suggested Council wait. Bud Benedict explained why he was against the tax increase but very much in favor of marketing. Al Weiss explained why he was against the ordinance. After some discussion by Council, Ken Wilson requested if the Council voted down the ordinance to go on record that the Town of Vail was not in the marketing business, so the residents would know where the responsibility lies; Gail Wahrlich-Lowenthal responded. Gail then made a motion to table the ordinance for 90 days, and after a Chamber of Commerce Board was created, Council would meet with them to formulate a plan. Mery Lapin seconded. A vote was taken and the motion failed 2-5, with Mayor Rose, Eric Affeldt, Tom Steinberg, John Slevin and Gordon Pierce opposing. At this time, Eric Affeldt made a motion to deny the ordinance, which Tom Steinberg seconded. A vote was taken and the motion passed 4- 3, with Gail Wahrlich-Lowenthal, Mery Lapin and John Slevin opposing. Gordon Pierce stated he felt it was appropriate for the Town to support the funding of marketing, but to let the business community take the lead. John Slevin, Mayor Rose and Eric Affeldt agreed. The next item was Ordinance No. 10, Series of 1988, second reading, amending Chapter 3.40 of the Town Municipal Code relating to sales tax collections. The full title was read by Mayor Rose. Steve Barwick explained this was only a housekeeping ordinance which would redefine some of the terms. Mery Lapin requested a change in wording in Section 3 from "exempt number is furnished" to "exempt numbers are furnished". There was no other discussion by Council or the public. Tom Steinberg made a motion to approve the ordinance, which was seconded by Gordon Pierce. A vote was taken and the motion passed unanimously 7-0. The next order of business was an appeal of a Planning and Environmental Commission decision to deny the Rose subdivision request. Tom Braun notified Council the request to table the item had been withdrawn. He then explained what the request was for, gave lengthy background information on the request and then reasons why staff recommended approval. Jim Stovall, representing the applicants, asked Tom questions as to what the Roses could have asked for and what they did ask for and stated they had complied with the zoning and subdivision regulations. Jim Lamont, a planning consultant, answered questions from Stovall regarding the application and its applicability to the area; Mr. Lamont agreed with the staff's position. Larry Levin, representing several neighbors, asked questions of Jim Lamont and Tom Braun regarding density and then explained why the neighbors were against the subdivision request. They felt the technical requirements had not been met, GRFA would be increased, and by having two separate dwelling units there would be possible environmental impacts, it would violate the protective covenants and would not be compatible with the neighborhood. Terrill Knight, a planner, commented on the land as it exists and the history behind it, explained his technical review of the subdivision, and commented on the covenants problems that would be incurred; Mr. Stovall responded to Mr. Tyler's remarks. Steve Scott, a surveyor, explained how he came about locating areas on the lot with a 40% plus slope and how much land could be used for building. Peter Patten explained why two survey drawings differed. Bill Post, representing two owners, commented on the density increase and zoning change because two units were being increased to four units and recommended Council deny the request. Warren Miller stated he felt the philosophical objective of the neighborhood was important. Gunther Hoffler felt the applicant would be making four • illegal units into four legal units. Ken Wilson, representing one owner, requested Council to deny. Nancy Edwards, an owner and representing two other owners, gave reasons why they were against the subdivision request. Len Grubbs, an owner, felt the request was not harmonious with the neighborhood and was very much opposed. Bob Owen, an owner in the neighborhood, opposed the request vehemently. Jim Schmidt, owner of property adjacent to the Rose property, was strongly against the request. Ron Byrne, representing several property owners, was opposed to the request and felt values of lands would be decreased, and traffic would be increased which would be bad for emergency vehicles. Nancy Byers, a property owner in the neighborhood, was against the subdivision and felt property owners had a responsibility to other property owners. Arthur Abplanalp, representing a property owner, talked about the dissimilarity of other subdivisions and this one, explained he felt property values would lower, discussed the amount of buildable land had not been figured correctly and the parcels would not be large enough and requested Council to deny the subdivision. Peggy Osterfoss, a member of the Planning Commission, stated the PEC's thoughts at the time were that the lot size was not quite big enough and incompatible with the neighborhood. They were also impressed with strong opposition of the neighborhood, and felt they would be asked for variances to make it work. Tom Steinberg asked Mrs. Rose why they wanted to subdivide, to which she responded they did not think it would affect the neighbors much.. Mery Lapin made a motion to uphold the Planning and Environmental Commission decision that the subdivision would *ot be compatible with the neighborhood as per Section 17.04.010B of the Purpose Section regarding integrated development; the subdivision of the property would be -2- j .- in conflict with any development on adjacent land as per Section 17.04.01OC3; the subdivision would be in conflict by less square footage of the lots surrounding the subdivision and would not be harmonious with the area as per Section 17.04.01OC4. John Slevin seconded the motion. A vote was taken and the motion passed unanimously 7-0. There was no Citizen Participation. Under the Town Manager's Report, Ron Phillips noted three Firefighters had been certified at a hazardous material training class in Denver. The Town received notice from the Insurance Services Office that its fire classification had improved from a class 6 to a class 5; the Town missed a class 4 rating by .44 of a point. He stated the Town is inquiring about it. Mery Lapin suggested the Town do a press release that this rating was the best in the valley and residents can notify their insurance companies for cost reductions. Ron stated real estate transfer tax for March was $11,000 under budget, but was $31,000 over budget for the year; sales tax collected was $85,000 over budget for February and $142,000 over budget for the year. He read to the Council for approval a drafted letter to Bill James regarding the TV translator engineering design. Mery Lapin stated if he was gone when they start meeting, Eric would attend in his place. .Mery stated he was interested in being a member of an Ice Arena Task Force, if possible. Gail Wahrlich-Lowenthal said she would attend Chamber of Commerce meetings. There being no further business, the meeting was adjourned at 11:40 p.m. Respectfully submitted, Kent P d,, Mayor ATTEST: aPmk&od w✓ ame a Branddmeyer, Town Clerk Minutes taken.by Brenda Chesman C�