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HomeMy WebLinkAbout1990-06-19 Town Council MinutesMINUTES VAIL TOWN COUNCIL MEETING JUNE 19, 1990 7:30 P.M. regular meeting of the Vail Town Council was held on Tuesday, June 19, 1990, at 30 p.m., in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Kent Rose, Mayor Tom Steinberg, Mayor Pro-Tem Lynn Fritzlen Mery Lapin Robert Levine Peggy Osterfoss MEMBERS ABSENT: Jim Gibson TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk Ten year employment anniversary awards to Pam Brandmeyer, Jan Choti, and Betsy Rosolack was first on the agenda. Ron Phillips gave background information on Jan, a Bus Supervisor in the Transportation Department, Betsy, a Planning Technician for Community Development, and Pam, the Town Clerk. Jan was not able to be present at the meeting, but Ron awarded Pam and Betsy with Town of Vail silver belt buckles. Mayor Rose thanked the` for their long years of service, and stated the Council appreciated their hard work. Under Citizen Participation, Josef Staufer had a question for Kristan Pritz, to which she responded. There was no other discussion. Third on the agenda was Ordinance No. 18, Series of 1990, first reading, an ordinance amending Section 18.12 of the Municipal Code to provide for bed and breakfast operations. Mayor Rose read the full title of the ordinance. Betsy Rosolack gave brief background information on the ordinance, stating it was a housekeeping ordinance only. There was no further discussion by Council or the public. Mery Lapin made a motion to approve the ordinance, which Tom Steinberg seconded. A vote was taken and the motion passed unanimously 6-0. Next was Ordinance No. 21, Series of 1990, first reading, an ordinance designating an underlying zone district of high density multi -family to Special Development District No. 7, commonly referred to as the Marriott Mark Resort. The full title was read by Mayor Rose. Kristan Pritz detailed the background of the request and • explained why the applicant was requesting the high density multi -family (HOMF) zoning for SDD No. 7. She reviewed the criteria used in evaluating the request, shown in the staff memorandum dated June 11, 1990. She noted the request met all the criteria, and explained why staff recommended approval. Kristan also remarked staff had recommended approval be conditional upon the SDD amendment being approved, but the PEC removed this condition of approval. She then reviewed the request for major amendments to the SDD to add 56 timeshare units and ten employee housing units, and summarized the proposal, itemizing as shown in the staff memorandum dated June 11, 1990. Kristan reviewed the criteria: uses, density, design compatibility, employee housing, parking and loading requirements, the Land Use Plan goals relevant to the property, on -and off -site traffic circulation, and landscaping. She stated staff recommended approval and explained why. She then referred to the staff memorandum dated June 19, 1990 summary of PEC action listing the 16 conditions for approval. Kristan also noted Council had received many letters regarding the proposal, both pro and con. Mayor Rose remarked this was a good overview of the entire project, but the Council was dealing with two separate ordinances: 1) the underlying zone district, and 2) amendment to the SDD; and he wanted to deal with each separately. Larry Eskwith commented on the property situation. After a short discussion by Council, Mery Lapin made a motion to approve Ordinance No. 21 on first reading, and Lynn Fritzlen seconded the motion. There was some discussion by Council, Kristan, Larry, and Jay Peterson representing the applicant, regarding the previous zoning and what the underlying zone district would mean as far as any future changes. There was also discussion of the previous SDD ordinance and problems in dealing with it. A vote was then taken and the motion passed 5-1, with Peggy Osterfoss opposing. The fifth item was Ordinance No. 22, Series of 1990, first reading, an ordinance amending SDD No. 7, commonly referred to as the Marriott Mark Resort, and the development plan in accordance with Chapter 18.40 of the Municipal Code. Mayor Rose read the full title. Kristan Pritz stated she had already given her full presentation. Therefore, Peter Jamar, a land planner representing the applicant, • explained how the applicant's request arrived at this proposed plan and the process they went through to get to this point. There was then much discussion by the Council, Peter, and Jay regarding timeshare units, the frequency of use, and different uses. Kristan explained the criteria for timeshare under the conditional use review. After much more discussion, Brad Quayle, Harry Frampton, Larry Lichliter representing Vail Associates, Bob Lazier, Tom Banner, and Dalton Williams (speaking as a Planning and Environmental Commission member) all stated they were in support of the proposed project. Cindy Jacobson was opposed to the project. At this time, Councilmembers stated their positions. Rob Levine commented he was concerned about growth, but this was a good project, the Marriott was a good neighbor, and the Lionshead Mall area needed the activity this would ultimately bring. Mery Lapin was opposed, stating the Town could not keep up with Vail Associates' growth and the growth to the west of town; also, he could not support the request for a 50 percent increase over allowable RFA, twice the number of dwelling units allowed, and the increased density. Peggy Osterfoss felt the area could handle the added density, the Town needed more rental units, the request falls within the SDD criteria, and the local economy would benefit from local accommodations. She added she felt Council was looking at the maximum, and would there be any problems having a deed restriction to prohibit any further GRFA requests. Jay Peterson replied the applicant had no problem with including that condition. Mayor Rose felt different infrastructure was affected in different ways, • and the Land Use Plan was a good document and has worked well over the years in directing where developments could occur. Tom Steinberg remarked he liked the new building and parking situation, but felt the density was too much. Lynn Fritzlen stated she thought if this property was upzoned, then Council would have to look at upzoning the surrounding area, and she did not agree with spot upzoning. Jay Peterson commented since it looked like the Council was in gridlock (3 for, 3 against), he wanted to request the the ordinance be tabled until a later date. He added he would like the opportunity to work on the problems the Council had with the proposal. Diana Donovan, as Chairman of the PEC, said the proposal had gone through the process, had the PEC's support except for one person, had the neighbors' support, and the staff's support, and she did not want to work this hard if she did not know the ground rules. Jim Shearer, of the PEC, agreed with Diana, and questioned just what the Land Use Plan did, and that if it did not address the Council's concerns, then it needed to be reviewed. Rob LeVine made a motion to table the Ordinance until the July 3 Evening Meeting, which Peggy Osterfoss seconded. A vote was taken and the motion passed unanimously 6-0. Ordinance No. 20, Series of 1990, first reading, an ordinance amending Ordinance No. 10, Series of 1990, Special Development District No. 4, Section 18.46.100 C, Density Floor Area, Area C Glen Lyon duplex lots to provide for gross residential floor area to be calculated per the requirement of the primary/secondary zone district Section 18.13.080 Density Control was next on the agenda. Mayor Rose read the full title. Kristan Pritz stated this item had been postponed from tonight's meeting to the July 3 Evening Meeting. Next was Resolution No. 15, Series of 1990, regarding the Town's intention to issue multi -family housing revenue bonds for Professional Development Corporation. Lynn Fritzlen commented she had a potential conflict of interest, so she abstained from voting. Ron Phillips remarked this had been discussed previously by Council, and Charlie Wick answered questions of Council. After some discussion, Tom Steinberg made a motion to approve the resolution, which Mery Lapin seconded. Rob LeVine stepped out of the room for a moment at this point. There was agreement among Council to amend Section 2a stating that should the bonds in fact be issued, the prospectus shall clearly indicate in bold face type that the Town of Vail shall have no obligation whatsoever for the payment of the bonds. Tom Steinberg amended his motion. A vote was taken and the motion passed 4-0, with Lynn Fritzlen abstaining and Rob LeVine absent. The eighth item was an appeal of a Planning and Environmental Commission decision to support staff position to deny Mr. Todger Anderson's request to allow the construction of two additional masonry fireplaces with type A vents for installation of two Peterson gas log fireplaces. Susan Scanlan gave background information on the request, including the PEC vote of 5-0 in favor of the staff decision to deny the request. Sid Schultz, representing Mr. Anderson, gave reasons why he thought the request should be approved and the PEC decision overturned. There was then some discussion by Kristan and Larry regarding staff's interpretation of the ordinance -2- and Council's options. They stated there was no variance of the ordinance allowed, so Council had to uphold the PEC decision or change the ordinance. After more discussion, Todger Anderson addressed differences between gas log fireplaces and gas appliance fireplaces. Rob Levine made a motion to uphold the PEC decision, which Tom Steinberg seconded. A vote was taken and the motion passed unanimously 6-0. 40 Action on the Vail Resort Association lease agreement was next. Larry Eskwith briefly gave background information on the agreement and stated it was a one year lease for the old Post Office building. After a short discussion by Council, Lynn Fritzlen made a motion to approve the agreement, and Rob Levine seconded the motion. A vote was taken and the motion passed unanimously 6-0. • Last on the agenda was action on the Vail Resort Association information booth and special events contract. Larry Eskwith noted the contract was almost identical as the agreement the Town had with the Chamber of Commerce before, and gave specifics. He also noted the agreement included $30,000 to pay for a special events person for the VRA. Rob LeVine mentioned a typographical error in Section 3A to be corrected. Rob LeVine made a motion to approve the contract with the noted correction, which Lynn Fritzlen seconded. Larry Eskwith said Steve Barwick would complete the blanks in the contract. A vote was taken and the motion passed unanimously 6-0. There being no further business, the meeting was adjourned at 11.45 p.m. ATTEST; Pame a randmeyer, Town C erk Minutes taken by Brenda Chesman Respectfully submitted, &KentR.se, oMayo0-v� -3-