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HomeMy WebLinkAbout1990-03-20 Town Council Minutes• MINUTES VAIL TOWN COUNCIL MEETING MARCH 20, 1990 7:30 P.M. regular meeting of the Vail Town Council was held on Tuesday, March 20, 1990, at 30 p.m., in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: MEMBERS ABSENT: TOWN OFFICIALS PRESENT Kent Rose, Mayor Tom Steinberg, Mayor Pro Tem Lynn Fritzlen Jim Gibson Mery Lapin Robert LeVine Peggy Osterfoss None Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first item was the County Recreation and Affordable Housing Election presentation. Don Welch introduced members of the Task Force who were present. He explained the history of the County's plans for recreation and affordable housing and brought the public up-to-date. Peter Jamar gave a slide presentation of prospective plans. Kevin Lindahl reviewed the planned capital costs for Phase I of the recreation area, and once it becomes fully operational, the annual proceeds and costs. Jim Stovall gave closing remarks giving an overview of the tentative plans. He then urged the public to get out and vote April 10. Don Welch then held a question/answer session for the public. Item two was a public hearing regarding the proposed Tennenbaum land exchange. Mayor Rose gave brief background information on the proposed land exchange. He then gave a summation of past Council philosophies and decisions regarding open space, real estate transfer tax, and the pursuit of land acquisitions to keep open space, Council's concern now over a precedent that will be set, and that Council did not want to see local land degradation to preserve other lands. Andy Wiessner, representing the Tennenbaums, discussed amendments to the proposed legislation to appease the Town of Vail, noting the basis of the request was that the loss of one acre would not do the Town any harm. He then addressed some issues brought up at the Special Council Work Session meeting last Thursday, and answered numerous questions of the public. Afterwards, pro/con statements from the public were made. Emmet Mossman, who lives at 166 Forest Road, was against the exchange. Kirk Kepsel, of Lakewood and representing the Colorado Environmental Coalition, felt the land trade would be outstanding for Colorado. He felt the 2,100 acres were all ecologically significant land in the state, and the one acre was not. Arthur Gould, a licensed engineer and part-time resident of Vail, and representing the homeowners on Rockledge Road, was very much against the trade. Woody Beardsley of Denver, representing the Colorado Division of the Wilderness Society, endorsed the land swap, but would help if Vail residents could raise enough money to purchase the lands; then the Society would drop their support of the land trade. Mani Beal felt this trade must be stopped now, because others would be coming up in the future if this did go through. Hermann Staufer was against the trade, and felt residents had worked hard for Vail and want to keep it the crown jewel of the ski industry. Diana Williamson opposed the trade stating neighbors may have problems if it happened. Lee Baker, from Denver and on the Board of the Colorado Mountain Club, congratulated the Council on their commitment to open space, and stated the position of the Club on this issue was that it was a good deal for the people of Colorado; it may not be for Vail, but it was for the State. He also felt it was too good a deal to turn down and too good a deal for Vail to stop. Lew Meskiman, a Vail resident, felt the trade was not in the best interest of the town. He suggested the Town look into extending town limits over the Forest Service land and designate this overlapped area as open space; this would provide a double block for any land transfers. He noted that Minturn does this. Joe Staufer was concerned that this transfer would establish a precedent and urged the Council to fight it. Dorothy Coleman, representing the Colorado Environmental Coalition, stated she understood why Vail was against the trade, but felt the other lands were worth saving; also, she felt the ski area may expand over the one acre eventually. Diana Donovan was very much against the proposed trade. At this time, Councilmembers gave their comments regarding the proposed land trade. Jim Gibson was very disappointed with the environmental groups; he felt they saw only one thing - 2,100 acros of what they wanted. He felt this was an extremely dangerous precedent which would affect Vail very adversely. He also remarked if it could be done here, then it could be done . anywhere in the country. Peggy Osterfoss commented it was interesting to see the polarization of the Vail group and environmental groups, and felt we should be working together for a net increase in public lands, not exchanges. She also noted the problem she had with this exchange was that it involved subjective judgement - what's good for whom? Mery Lapin was very much opposed to all land trades that involve Forest Service lands for private lands. He encouraged the public to contact our Colorado delegates and let them know immediately that we are against this trade. Mayor Rose was against the trade because he did not want to lose our open space to acquire some elsewhere; the land was important here. Tom Steinberg, who was completely against the trade, pleaded with Mr. Tennenbaum to totally withdraw his request. He felt this was in the best interest of the community and the Tennenbaums. Lynn Fritzlen first thanked everyone for coming to express their opinions, the commented she was against this trade because it was a local land use decision being decided on a national level with no local input. Robert Levine was worried about this trade setting a precedence, and felt that each time after this would be easier and easier until the system fell apart. Ron Phillips stated a summary of Council's comments would be in a written form sometime tomorrow for the public. Jim Gibson asked that a list of the Colorado delegation's addresses and phone numbers be included for the public. Tom Steinberg then made a motion authorizing the Town Manager to make a summary of Council's attitude and draft a letter to the Colorado delegation opposing the land trade as presented for reasons . stated, and to have this letter sent to each member of the delegation, and also make this information available to the public, along with the delegations' addresses and phone numbers. Mery Lapin seconded the motion. A vote was taken and the motion passed unanimously 7-0. Due to the lateness of the hour, Council decided to move agenda items around to accommodate those members of the public involved in agenda items who were still present. The next item discussed was Ordinance No. 9, Series of 1990, first reading, a request to amend Special Development District No. 23, the Vail National Bank Building. Mayor Rose read the full title. Tom Braun stated no changes had been made to the ordinance and staff had done no additional work on it with Jay Peterson. He remarked staff had no other comments and would be interested to hear the Bank's presentation. Paul Powers of the Vail National Bank Building reviewed the request, gave some background information, and answered questions of Council. Peggy Osterfoss noted the Council had problems with two issues basically: 1) the timing of the construction before the parking spaces were available, and 2) adequate parking. Lynn Fritzlen stated it was difficult to vacate the space if the conditions were not met, and the enforcement would prove to be overwhelming to staff. Tom Braun added that staff could not support the request as it stands. Tom Steinberg made a motion to deny the ordinance, which was seconded by Lynn Fritzlen. Diana Donovan did not understand why the Council was against this request. After some discussion by Council, Byron Rose, one of the owners of the Bank building, addressed the timing issue as far as Land Title and the VNB Building were concerned. Peggy Osterfoss responded to Diana's concerns, and added she would vote against the ordinance. Robert LeVine suggested the Town issue a building permit at the time the parking structure was begun, but no occupancy permit until the parking structure was complete. After much discussion by Council, Gail Wahrlich-Lowenthal responded to Council's timing concerns, asked questions of Council and staff, and gave reasons why the request should be approved. A vote was then taken and the motion passed 6-1, with Mayor Rose opposing, so Ordinance No. 9 was denied. The next order of business was Ordinance No. 10, Series of 1990, first reading, amending Special Development District #4, Cascade Village Area D, Glen Lyon Office site to provide for changes to parking provisions, micro -brewery building and east building. The full title of the ordinance was read by Mayor Rose. Kristan Pritz gave a brief description of the request noting staff recommended approval and the Planning Commission unanimously recommended approval. There was then some discussion regarding parking. Jim Gibson made a motion to approve the ordinance, and Peggy Osterfoss seconded. A vote was taken and the motion passed unanimously 7-0. • The fifth item was Resolution No. 7, Series of 1990, authorizing the Town Manager to act on behalf of the Town of Vail in negotiating and entering into a lease termination agreement with the U.S. Postal Service. There was no discussion by the -2- public or Council. Mery Lapin made a motion to approve, which Robert Levine seconded. A vote was taken and the motion passed unanimously 7-0. Next was Ordinance No. 11, Series of 1990, first reading, rezoning Lots 3, 4, and 5, Vail Valley 3rd Filing, a part of Sunburst replat from Primary/Secondary Residential • to Special Development District. Tom Braun stated the applicant was requesting the ordinance be tabled and the application be remanded to the Planning Commission. There was no other discussion. Mery Lapin made a motion to table the item and remand the application back to the Planning Commission. The motion was seconded by Robert LeVine. A vote was taken and the motion passed unanimously 7-0. Ordinance No. 7, Series of 1990, second reading, increasing future Council compensation, was discussed next. Mayor Rose read the full title of the ordinance. Lynn Fritzlen made a motion to approve, with a second by Tom Steinberg. Jim Gibson was opposed to the ordinance because he felt it would not get younger people to run for Council. Also, he felt Council would be open to considerable criticism sine Planning Commission and Design Review Board members received no compensation. After some discussion regarding this, Diana Donovan commented she felt an across the board increase for Councilmembers was alright, but not for attending meetings. A vote was then taken and the motion failed 3-4, with Robert LeVine, Peggy Osterfoss, Mery Lapin, and Jim Gibson opposed, so Ordinance No. 7 was denied. The next order of business was Ordinance No. 12, Series of 1990, first reading, amending the Town's sales tax code. The full title was read by Mayor Rose. There was no discussion by Council or the public. Mery Lapin made a motion to approve, which Peggy Osterfoss seconded. A vote was taken and the motion passed unanimously • 7-0. The Jackalope Cafe & Cantina sign variance was next. Due to the absence of the applicant, Mery Lapin made a motion to table this item to the next Evening Meeting April 3. Peggy Osterfoss seconded the motion. A vote was taken and the motion passed unanimously 7-0. The tenth item on the agenda was appointment of a Design Review Board member. Applicants for the opening were Carolyn Edrington, Don Galgan, George King, and George Lamb. Council voted by secret ballot for one member. There was a majority vote for George Lamb. Mery Lapin then made a motion to appoint George Lamb for a two year term on the DRB, which Tom Steinberg seconded. A vote was taken and the motion passed unanimously 7-0. There was no Citizen Participation. There being no further public business, the meeting was adjourned at 12:15 a.m. • ATTEST: 'Y1Ll-�lJ ��li Pamela A. Brandmeyer� Clerk Minutes taken by Brenda Chesman • Respectfully submitted, Kent . ose, �gayorl) -3-