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HomeMy WebLinkAbout1990-04-03 Town Council Minutes• MINUTES VAIL TOWN COUNCIL MEETING APRIL 3, 1990 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, April 3, 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 Mery Lapin Robert Levine Peggy Osterfoss MEMBERS ABSENT: None TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney The meeting began with a ten year employment anniversary award to Charles Wick. Ron Phillips gave brief background information on Charlie, Director of Administrative • Services and Assistant Town Manager, and then presented Charlie with a Town of Vail silver belt buckle. After a few words of commendation by Ron and Kent, Charlie thanked everyone. Next on the agenda was approval of the minutes of the March 6 and 20, 1990 meetings. There was no discussion by Council or the public. Mery Lapin made a motion to approve the minutes as presented, and Peggy Osterfoss seconded. A vote was taken and the motion passed unanimously 7-0. The third item was a consent agenda of the following: A. Ordinance No. 10, Series of 1990, second reading, amending Special Development District No. 4, Cascade Village Area D, Glen Lyon office site to provide for changes to parking provisions, micro -brewery building, and east building. B. Ordinance No. 12, Series of 1990, second reading, amending the Town's sales tax code. Mayor Rose read the full titles of the ordinances. Larry Eskwith stated there were no changes to either ordinance since first reading. Kristan Pritz and Larry then answered questions from Council. Tom Steinberg made a motion to approve the consent agenda as presented, which Mery Lapin seconded. A vote was taken and the motion passed unanimously 7-0. Ordinance No. 6, Series of 1990, first reading, an ordinance relating to smoking in public places and places of employment was next. The full title was read by Mayor Rose. Susan Scanlan gave brief background information on how the ordinance had come about. After some discussion regarding posting outside of buildings, Susan answered questions of Council. Matt Carpenter felt this was a watered down policy and that the ordinance should have been Worded much more strongly. Tom Steinberg made a motion to approve the ordinance, and Lynn Fritzlen seconded. A vote was taken and the motion passed unanimously 7-0. Fifth on the agenda 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 a Special Development District. Mayor Rose read the full title. Kristan Pritz reviewed the SDD request and gave background information. She reviewed the criteria used in evaluating the proposal and explained why staff recommended denial. Kristan noted the Planning and Environmental Commission voted unanimously 7-0 for denial. Robert Warner, the applicant, gave reasons why he felt the SDD should be granted, and explained why the pool area under the garage would not affect the floor area. Jim Junge, architect for the project, gave further reasoning why the request should be approved. Kristan and Robert answered questions of Council. Mayor Rose felt that since the Warner's were offering over 2,000 square feet in three employee units, maybe Council could approve as an incentive because it was a benefit to the Town. Robert Levine made a motion to approve the ordinance, which was seconded by Peggy Osterfoss. Tom Steinberg requested Mr. Warner to deed restrict the pool so it would remain that way permanently, and to deed restrict the employee housing units so they are permanently employee housing; also, to ensure the employee units would not be for sale, but remain rentals only. Robert Levine amended the motion to include Tom's suggestions, and Peggy amended the second. • Peggy Osterfoss stated she wanted it included in the ordinance that the reason for approval was for a gain in employee housing. Kristan commented it would be added somewhere in the beginning of the ordinance, in the "Whereas" sections. There was then some discussion by Council regarding enforcement and control. Dalton Williams, of the PEC, remarked that all members of the PEC felt it was a good design, a good proposal, but they were concerned about using an SDD as the mechanism to do this and setting a precedent. Jay Peterson added he felt the SDD should be granted because it was a very creative way to add three employee units. Peggy Osterfoss commented Council was concerned with providing additional affordable housing for the community and it was appropriate to approve this SDD. A vote was taken and the motion passed unanimously 7-0. Item six was Ordinance No. 13, Series of 1990, first reading, a request for an amendment to SDD No. 22, a resubdivision of Lots 1-19, Block 2, Lionsridge Filing No. 3. The full title was read by Mayor Rose. Kristan Pritz stated the SDD had been approved and the final plat approved, but not recorded with the County yet. She noted this was an amendment to the original SDD and that the final plat was also being revised. She reviewed the changes requested, and commented staff recommended approval with the conditions shown in the ordinance. Buff Arnold, architect for the project, gave further explanation of the amendments to the SDD and reasoning for approval. Mr. Pat Dauphinais addressed the item of number of driveways. There was then some discussion by Council regarding additional curb cuts. Peggy Osterfoss made a motion to approve to provide changes with the finding that the changes are in accordance with the SDD criteria conditions as listed in the staff memorandum to the PEC dated March 26, 1990; except under employee dwelling units, the wording "any lot" should be used; a letter of credit should be provided for a bus stop, so one can be provided once a school or Town bus schedule is established within five years; add the PEC recommendations that 1) each phase of development shall include a minimum of one employee unit until the six employee unit minimum is fulfilled, 2) garages for employee units shall be connected to the main structure, 3) the developer shall construct a sidewalk along the north side of Lionsridge Lane beginning at the cul-de-sac and extending to the main entry to the subdivision, and 4) at grade, unroofed, unenclosed decks may extend five feet into the rear setback for Lots 1-14; including conditions 3, 4, 5, and 6 in the staff recommendation; and the four additional curb cuts not be approved. Mery Lapin seconded the motion. Robert Levine was concerned that employee housing figures were not included in the total GRFA, and wanted them shown up front, because they should be addressed and not ignored. Kristan Pritz remarked they would be added in the density section. Peggy Osterfoss suggested they be added in the preamble like the last ordinance, in the "Whereas" sections, which Kristan agreed to. Dalton Williams, of the PEC, stated the PEC voted on the curb cuts 4 for and 3 against, and explained their reasonings and concerns to the Council. Tom Steinberg stated he would vote against the • ordinance as presented because of the lack of safety for children on the sidewalk; the curb cuts belong on the north side only. Jim Gibson agreed. A vote was taken and the motion passed 5-2, with Tom Steinberg and Jim Gibson opposing. Ordinance No. 14, Series of 1990, first reading, a request for a Special Development District at the Garden of the Gods on Lot K, Block 5, Vail Village 5th Filing, and a portion of P-2, Block 3, Vail Village 5th Filing, at 365 Gore Creek Drive. The full title was read by Mayor Rose. Kristan Pritz gave chronological background information of the SDD request to amend the original SDD. She reviewed the criteria used in evaluating the request, explained why the staff recommendation was for approval with the eight conditions and three recommendations to the DRB as shown in the staff memorandum to the PEC dated March 26, 1990. Don Hare, representing the owner, reviewed again why this SDD amendment was before the Council. Pam Hopkins, representing the architect, explained changes in the building footprint plans. Art Carroll, a resident in the Vorlaufer, was against the SDD because it would block the view of Vail Mountain. After much discussion by Council, Peggy Osterfoss made a motion to approve the ordinance with findings based on the evaluation of the proposed SDD criteria are appropriate, with all conditions in the staff recommendation as shown in the staff memorandum to the PEG dated March 26, 1990. After some discussion by Council, Jim Gibson seconded the motion. A vote was taken and the motion passed 4-3, with Mery Lapin, Lynn Fritzlen, and Robert Levine • opposing. At this time, Mayor Rose asked that the next few agenda items be placed on a consent agenda: -2- A. Ordinance No. 15, Series of 1990, first reading, an ordinance changing the order of business at Council meetings. B. Resolution No. 8, Series of 1990, proclaiming the week of April 21-27 as Earth Awareness Week. • C. Resolution No. 9, Series of 1990, setting rules for Council public hearings. After some discussion by Council, Mery Lapin made a motion to place Ordinance No. 15, Resolution No. 8, and Resolution No. 9 on a consent agenda. Tom Steinberg seconded the motion. A vote was taken and the motion passed unanimously 7-0. Mayor Rose then read the full titles of Ordinance No. 15, Resolution No. 8, and Resolution No. 9. Robert Levine made a motion to approve the consent agenda, which Mery Lapin seconded. A vote was taken and the motion passed unanimously 7-0. Next was Resolution No. 10, Series of 1990, a resolution opposing mandatory Social Security and Medicare coverage for public employees. Lynn Fritzlen stated she would not support this resolution because she felt public employees should be subjected to the same programs as the private sector. There was some discussion by Council and Ron Phillips. Mery Lapin made a motion to approve the resolution, and Peggy Osterfoss seconded. A vote was taken and the motion passed 6-1, with Lynn Fritzlen opposing. The Jackalope Cafe & Cantina sign variance request was next. Shelly Mello gave • background information on the variance request. She reviewed the four criteria used in evaluating the variance and explained why staff and the DRB recommended approval of the request. Mery Lapin made a motion to approve the request for reasons and findings as shown in the March 7, 1990 staff memorandum to the DRB. Peggy Osterfoss seconded the motion. A vote was taken and the motion passed unanimously 7-0. There was no Citizen Participation. Mery Lapin commented Councilmembers had received a letter from Woody Beardsley regarding the Beartree lot. He requested Ron Phillips write a letter to Mr. Beardsley requesting detailed information; Ron replied staff would follow up on the request. There being no further business, the meeting was adjourned at 11:15 p.m. ATTEST: 6 Pamela A. Bran meyer, own Clerk Minutes taken by Brenda Chesman • Respectfully submitted, Kent R. Rose, Mayor -3- r