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HomeMy WebLinkAbout1990-03-06 Town Council Minutes• MINUTES VAIL TOWN COUNCIL. MEETING MARCH 6, 1990 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, March 6, 1990, at 7:30 p.m., in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Kent Rose, Mayor Tom Steinberg, Mayor Pro Tem Lynn Fritzlen Jim Gibson Robert Levine Peggy Osterfoss MEMBERS ABSENT: Mery Lapin TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney The meeting began with the approval of minutes of the February 6 and 20, 1990 meetings. There was no discussion by Council or the public. Jim Gibson made a motion to approve the minutes as presented, which Tom Steinberg seconded. A vote was taken and the motion passed unanimously 6-0. Next on the agenda was Ordinance No. 7, Series of 1990, first reading, increasing the compensation for future Mayors and Councilmembers. The full title was read by Mayor Rose. Larry Eskwith stated this ordinance was written to the Council's specifications. Jim Gibson commented he had problems with the ordinance and felt the Town needed a broader spectrum of people seeking seats on the Council, but this was the wrong premise. He did not believe the ordinance would do what it was intended to do, and urged the Council to not pass it. Lynn Fritzlen remarked this item was extensively discussed at a Work Session in which all Councilmembers participated, and she felt it would help with daycare costs, filling in for a work position during meetings, etc., and this might help get a diversity of applicants for Council. Mayor Rose stated Councilmembers did spend a lot of time in meetings, reading, on phone calls, etc., and he felt those who dedicate their time should be compensated somehow and this would help. He continued with he had no problem with increasing the compensation. Peggy Osterfoss agreed with Mayor Rose, adding that she preferred a flat rate change instead of the meeting rate, and felt the amount should just be doubled what it is presently. Tom Steinberg stated the present amount was the original amount set, and felt the amount should be brought up to an acceptable level, such as $500, which would help poorer people run for office. • After much more discussion by Council, Lynn Fritzlen made a motion to approve the ordinance as presented, which was seconded by Tom Steinberg. Peggy Osterfoss noted she preferred a flat rate increase, but would support the ordinance because it was valid. A vote was taken and the motion passed 4-2, with Robert Levine and Jim Gibson opposing. Item three was Ordinance No. 9, Series of 1990, first reading, an ordinance amending Special Development District No. 23, the Vail National Bank Building. The full title was read by Mayor Rose. Tom Braun stated this was for a small addition to the Vail National Bank building. After reviewing the SDD change request, he stated staff had no problems with the concept, but there were a number of problems with this proposal and the timing. He stated the five basic problems were: 1. At the present time, the parking structure approved for the Medical Center is designed to meet the needs of the Center and the Doubletree Hotel. The structure is not designed with excess capacity. Approval would have to be obtained from the Town to modify the development plan adding more parking to this site. This approval has not been obtained. 2. The parking is not in place at this time. The staff has serious concerns about approving this proposal dependent upon parking that is not in existence today. 3. The development of the parking structure is totally dependent upon the performance of an adjacent property owner. The Bank has no control over the completion of these spaces. It would not be responsible to grant a development approval to one property owner, who then must rely on the performance of an adjacent property owner in order to satisfy their parking commitments. 4. It has not been established that the Holiday Inn has an excess number of spaces to lease to the Bank. With the development of the structure out of the . Bank's control, the Holiday Inn solution must be considered a permanent one in the event the completion of the Medical Center parking structure is delayed. While it may be unlikely that problems will develop with completing the structure, it is not the Town's responsibility to speculate, or accept the risk that everything will go smoothly. The worst case situation is such that the Bank must rely on alternative locations for the parking, and the obvious question becomes whether the Holiday Inn has the ability to provide this parking. No documentation of the utilization of the Holiday Inn's lot has been submitted as a part of this application. 5. The approval of this proposal could serve to establish a dangerous precedent for future development proposals. Simply stated, the applicant is asking for approval of a development that is dependent upon the performance of an adjacent owner in order to satisfy the parking requirements. From the standpoint of the Town and the community at large, there is little or nothing to gain by granting this approval now. While an approval for the application will allow them a more convenient construction schedule, the Town will be accepting the risk that the parking structure at the Medical Center may or may not be completed in a timely manner. • Tom stated the Planning and Environmental Commission recommended approval by a 4-2 vote. After some comments by Council, Jay Peterson, representing the Vail National Bank Corporation, gave some background information on this SDD and what the plans are now. He addressed Tom Braun's concerns, and reviewed the PEC's eight conditions for approval. He felt these addressed almost all of the concerns. Jay then responded to Tom Steinberg's problems with the request. After much discussion, Peggy Osterfoss made a motion to approve the ordinance with the eight conditions required by the_PEC, plus two additional. The eight were: 1. The Vail Valley Medical Center (VVMC) submit an application for modification to its conditional use permit allowing an additional two half levels of parking. 2. The VVMC submit plans showing such two half levels of parking. 3. The Vail National Bank building exercise its option to purchase or use in perpetuity the number of spaces from VVMB necessary to conform to zoning for its addition. 4. The VVMC receive all approvals from the Town of Vail necessary to receive a • building permit to construct such additional levels of parking and the VVMC apply for and receive such building permit. 5. The Vail National Bank building shall not occupy the expanded premises unless VVMC has commenced construction and has continued construction on its parking structure. 6. The Vail National Bank building agrees to move out of the expanded premises if they cannot occupy the parking spaces at VVMC on or before December 1, 1990. 7. The Vail National Bank building provide a letter from Holiday Inn or a suitable substitute allowing the use of four parking spaces from the date of occupancy of the expanded premises to December 1, 1990. 8. The above conditions be satisfied prior to the issuance of a building permit to Vail National Bank building. The additional two were: 1. A temporary occupancy permit be issued contingent upon completion of the parking structure by December 1, 1990. • 2. If the Vail National Bank building is unable to occupy the structure by January 1, 1991, the enclosed areas would be removed and returned to open decks. -2- Robert Levine seconded the motion. Much more discussion ensued by the Council, Jay Peterson, and staff. An idea of adding to the motion the requirement of a letter of credit to be issued to the Town of Vail so the Town could remove the enclosed decks if need be was mentioned. Larry Eskwith requested they leave the motion as is, so . he could work on the rewording for second reading. At this time, Jay Peterson requested the motion be withdrawn and the item tabled until the next Evening Meeting. Peggy Osterfoss withdrew the motion, and Robert Levine withdrew the second. Peggy Osterfoss then made a motion to table the ordinance until the next Evening Meeting, which Robert Levine seconded. It was felt this would allow Jay and Larry time to work out some rewording. Tom Steinberg made a motion to proceed with the ordinance on first reading. There was no second, so the motion died. A vote was taken and Peggy`s motion passed 5-1, with Tom Steinberg opposing. Tom Steinberg then made a motion to deny the ordinance. There was no second, so the motion died. The fourth agenda item was appointment of a Local Liquor Licensing Authority Board Member. Bill Bishop, the single applicant, has served on the Board since March of 1988. Peggy Osterfoss made a motion to reappoint Bill Bishop to a two year term on the Local Liquor Licensing Authority Board. The motion was seconded by Robert Levine. Lynn Fritzlen stated she was abstaining from the vote due to a financial relationship she has with Bill Bishop at this time. A vote was taken and the motion passed 5-0, with Lynn Fritzlen abstaining. Under Citizen Participation, Kristan Pritz stated they needed Design Review Board applicants. She asked Councilmembers that if they knew of anyone, to please let her know and she would personally contact them. She added that at this time, there was only one applicant. Mayor Rose commented that to move Citizen Participation up to the front of the agenda, an ordinance was needed. He said that if everyone was agreeable, he would also like to set up guidelines, time tables for speakers, and he would suggest Council look at it and try it. Lynn Fritzlen felt it was appropriate. Larry Eskwith stated he and Ron Phillips had looked at this item in the Code today, and they would have some suggestions to the Council in the very near future. There being no further business, the meeting was adjourned at 9:03 p.m. Respectfully submitted, '� '::- �. Kent R. Rose, Mayor ATTEST: Pamela A. Bran meyer, Town Clerk Minutes taken by Brenda Chesman • -3-