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HomeMy WebLinkAbout1990-07-17 Town Council MinutesMINUTES VAIL TOWN COUNCIL MEETING JULY 17, 1990 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, July 17, 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 Pam Brandmeyer, Town Clerk The first item was a ten year employment anniversary award to Linda Barca. Ron Phillips gave brief background information on Linda who is a Bus Driver with the Public Works/Transportation Department. Skip Gordon made some additional comments, and Mayor Rose thanked Linda for her hard work and her years of service. The next order of business was Citizen Participation. There being none, Council moved on to the third item of business. Item three on the agenda was a Consent Agenda. Based on Council request, Mayor Rose stated all items would be handled separately. Item A was Ordinance No. 20, Series of 1990, second 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; and setting forth details in regard thereto (Applicant: 75% of Glen Lyon subdivision property owners). The title was read in full by Mayor Rose. Kristan Pritz and Shelly Mello made a brief presentation. Jim Gibson stated concerns regarding additional GRFA requests, with Shelly responding that this change was in total conformity with current zoning and lot size. Shelly Mello stated there had been no specific reason for the 4,200 square foot restriction on GRFA in regards to negotiation issue, and that the developer had voluntarily agreed to this provision in order to ensure the quality of the subdivision. Tom Steinberg moved to approve • this ordinance on second reading, with a second coming from Mery Lapin. A vote was taken and the motion passed unanimously 7-0. Item 8 under the Consent Agenda was Ordinance No. 23, Series of 1990, second reading, an ordinance amending Section 18.26.040 of the Municipal Code to include as a conditional use "Television Stations" in the Commercial Core II zone district (Applicant: Vail/Beaver Creek Television Network). The full title was read by Mayor Rose. Mike Mollica stated there had been one change only, and that was to "Section I. Definition of TV Stations." Bill Perkins, representing the applicant, stated he did have a question in regard to the term "satellite dish," and further questions on the two foot diameter requirement and exemptions. Further discussion prompted deleting the verbiage for satellite dishes from the end of Section I. Peggy Osterfoss also requested clarification of the production studio and what views would be available to the public. Bill Perkins stated the public would be able to view inside the production equipment with seating provided within the studio, and another studio for taping interviews would be on the walkway immediately to the exterior of that studio space. Rob LeVine moved to pass Ordinance No. 23 on second reading, with a second coming from Tom Steinberg. A vote was taken and the motion passed unanimously 7-0. Mike Cacioppo spoke against the approval of this ordinance indicating that he had a serious problem with the location of television studios on the first floor level, in that this has previously been reserved for restaurant or retail space and should be the continued use in Commercial Core I and II, and that if the Council were to approve this ordinance, it would "smack of special privilege and election payoffs." Item C under the Consent Agenda was Ordinance No. 25, Series of 1990, second reading, an ordinance amending SDD No. 23, Vail National Bank, Part of Lot D, Block 2, Vail Village 2nd Filing, 108 South Frontage Road West (Applicant: Vail National Bank Building Corp.). Mayor Rose read the title of the ordinance in full. Mike Mollica indicated numerous changes to the "Whereas" section at the beginning of the . ordinance had been included based on a request by Mery Lapin. These changes were to acknowledge the singular and unique situation in which the Bank finds itself. Jim Gibson had questions in regard to future use of this parking facility and the right -of -reverter clause. Specifically, he asked whether the reverter clause had been lifted, stating the reverter clause was of some issue because if in the future the medical facility were not located on this site or if the structure were destroyed and not to be rebuilt, Vail Associates could once again obtain exclusive use of this portion of land which would then negate any parking arrangement the Vail National Bank Building had with the Medical Center. Larry Lichliter with Vail Associates acknowledged the reverter clause situation and stated the clause had not been lifted. However, the situation was one with which they had dealt. Following discussion, Rob Levine moved to approve Ordinance No. 25, with a second coming from Kent Rose. At this point, Jay Peterson asked to table this ordinance in order to clarify the reverter clause question. Rob Levine withdrew his motion, and Kent Rose his second. Peggy Osterfoss then moved to table this Ordinance No. 25 to the August 7 meeting, with a second coming from Jim Gibson. A vote was taken and the motion passed 5-2, with Tom Steinberg and Mery Lapin opposing. The fourth item of business was Ordinance No. 21, Series of 1990, second 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; and setting forth details in regard thereto (714 West Lionshead Circle, Lots 4, 7, C, D, Block 2, Vail-Lionshead 3rd Filing) (Applicant: M-K Corporation, Mark Lodge Condominiums, and Mark Resort & Tennis Club). Mayor Rose read the full title. Kristan Pritz presented a brief history relating to the application of HDMF zoning to the Special Development District. Because this item had been presented in its entirety at the June 19 evening meeting, Kristan focused on changes that had occurred since that meeting. The GRFA had been reduced to 58,800 square feet, which was a reflection of 56 timesharing units at approximately 1,050 square feet per unit. Ned Gwathmey, architect for the project, explained that a computer analysis presented a refinement of the plan and had altered the original figures and reduced the total GRFA by approximately 8,400 square feet. Kristan explained the consideration of both the Ordinance No. 21, as previously stated, as well as Ordinance No. 22, relating to amending the SDD No. 7 to allow timeshare, could be discussed in the same arena, but she asked specifically that individual votes be taken on each of those ordinances. From research staff had put together, it appeared the SDD actually had two underlying zone districts. The eastern Lot 7 had public accommodation zoning. However, that was in conflict with John Ryan, who had prepared the original EIR in 1977 and referenced Lot 7 as being zoned HDMF in his EIR. Lots 4 and 5, which are to the west of Lot 7, appeared to have been zoned HDMF. Staff recommendation for using the HDMF zone district as an underlying zone district to the SDD No. 7 was then presented. Kristan noted several areas regarding • HDMF zoning that made this zoning appear appropriate and applicable to the Marriott site. Mery Lapin then raised the issue about the appropriateness of the HDMF underlying zoning for all three lots at the Marriott site. A discussion ensued and it was pointed out by the Town Attorney that the underlying zoning would affect the uses specifically for the SDD and that the Council should consider the criteria from the Vail Land Use Plan and whether this was a furtherance of that Land Use Plan. At this point, Peter Jamar, Jay Peterson, Kaiser Marcus, Ned Gwathmey, Jeff Jacquard, and John Sweeney were introduced, all as representatives of the Marriott Mark application. Peter Jamar responded to suggestions made by members of the Council at the June 19 meeting and indicated that four revisions, commitments, and clarifications were being proposed in a memo from the applicant dated July 10, 1990. 1. GRFA The previous GRFA total proposed was 71,200 square feet, excluding 4,000 for the ten employee units. After further study and analysis of the floor plan, the applicant proposed to reduce the total to 62,800 square feet. Both figures include the 4,000 square feet for employee units. 2. Architectural features of existing hotel exterior Peter said it had been suggested that in addition to their previous commitment to repaint the exterior of the existing hotel, they would study alterations of the balconies in order to improve the building's appearance. Feeling this was an excellent suggestion on the Council's part, the applicant was investigating various design solutions and agreed to include a new balcony design in the project. -2- 3. Time sharing Due to several questions regarding the timeshare nature of the expansion, the applicant had prepared an informational memorandum addressing specific questions and this was included in the Council packet. • 4. Left turn lane As a point of clarification, the applicant fully understood that if for some reason the overall funding strategy for Frontage Road improvements is not established prior to issuance of the applicant's certificate of occupancy, the applicant may be responsible for 100% of the cost of the left turn lane off the Frontage Road to West Lionshead Circle with a right of reimbursement for costs exceeding their fair share at some future date should an overall funding mechanism be put into place. Kaiser Morcus stated that a $4.5 million upgrade had been planned for the Marriott facility, and this would include a total refurbishment of the interior as well as the exterior. As far as maintenance of the new building, Kaiser explained there was a reserve fund that had been established which represented ten percent of the total operating fund to upgrade and maintain the new facility. At this point, Jay Peterson reminded Council that the applicant was establishing underlying zoning and not changing it; that the original zoning had been placed back in 1973. Cindy Jacobson presented comments negative to the granting to the approval of this ordinance. Jim Lamont also spoke about the SDD special laws and whether this was being handled in a procedurally correct manner, he noted that with the two zoning districts involved in this property and the most restrictive use should apply. He stated his concern about fractionalization of accommodation units and protecting the • bed base and convention business for the Lionshead area, as well as the Town of Vail. Kaiser Morcus reiterated his desire to cater to convention business. Eric Affeldt spoke in regard to clarification of the underlying zoning being HDMF, and restated the actual locations of the parcels in question. Jim Gibson expressed his concern with Ordinance No. 22, the ordinance allowing timeshare development at the Marriott, and stated the report received from the applicant seemed very subjective. He felt that maintenance of privately owned properties was certainly more desirable than the timeshare scenario. Mery Lapin then made a motion to approve Ordinance No. 21, based on his scrutiny of the surrounding neighborhood and noting that the Vail Spa across the street currently is zoned HDMF, Antlers CCII, and the Enzian CCII. Tom Steinberg seconded this motion. Tom Steinberg then withdrew his second explaining he believed the eastern lot, i.e., the actual Marriott physical facility, was to remain public accommodation, and when he understood this was not so, withdrew his second of that motion. Kent Rose then seconded Mery Lapin's motion to approve Ordinance No. 21. Rob Levine stated that even if the Council approved both Ordinance Nos. 21 and 22 on this evening, if the applicant wanted to do something outside the current SDD, he would have to come in again for a major amendment to the SDD. Mery Lapin called the motion. A vote was taken and the motion failed 2-5, with Rob LeVine and Kent Rose voting for approval of Ordinance No. 21, and the remaining five members of Council voting against. • Based on this vote, Jay Peterson requested Ordinance No. 22, Series of 1990, be tabled to the next regular meeting of the Vail Town Council, August 7, 1990. Peggy Osterfoss moved to table Ordinance No. 22 to the August 7 meeting, with a second coming from Rob LeVine. A vote was taken and the motion passed unanimously 7-0. Eric Affeldt then requested a synopsis of the vote, with reasons from each of the Councilmembers to explain their votes. Rob LeVine stated in order to protect the Town of Vail zoning, the entire parcel, i.e., all lots, HDMF seemed to make the most sense and was a cleaner SDD. There was a process already set up for further review and change and he felt that the Town had explicit protection. Lynn Fritzlen felt it was important to establish underlying zoning, but felt that any increase in bulk and mass should not be addressed on a singular basis. Tom Steinberg felt that having split zoning on the property was inappropriate. Kent Rose felt much the same as Rob LeVine, stating that the HDMF already existed on this parcel, and he felt that HDMF for the western parcel was more appropriate and so should be acknowledged as the overall zoning. Mery Lapin stated that he was against timeshare, although he did feel that HDMF was the appropriate zoning for this particular parcel. He stated he was against timesharing because of the numerous foreclosure notices he sees for timeshare owners in Eagle County. Peggy Osterfoss stated she voted against this ordinance because she objected to changing density independent of the approval of the ordinance amending the SDD. Jim Gibson stated he was against the ordinance because of the uncertain quality of timeshare projects, and that HDMF would allow the timeshare use. The time being 10:30 p.m., Mayor Rose called for a five minute break. a9z The next item of business was Ordinance No. 19, Series of 1990, first reading, an ordinance modifying Section 18.13.080(A) of the Municipal Code of the TOV regarding density control for the primary/secondary zone district (Applicant: Town of Vail). Mayor Rose read the full title of the ordinance. Andy Knudtsen stated this amending ordinance was to correct a typographical error. Mike Cacioppo asked questions in regard to the affect this ordinance would have on his personal property and was satisfied with the input from staff. Tom Steinberg made a motion to approve Ordinance No. 19 on first reading. Lynn Fritzlen seconded that motion. A vote was taken and the motion passed unanimously 7-0. Next was Ordinance No. 24, Series of 1990, first reading, an ordinance making supplemental appropriations from the Town of Vail general fund, capital projects fund, Communities for Drug -Free Eagle Valley fund, special parking assessment fund, Vail marketing fund and the real estate transfer tax fund, of the 1990 budget and the financial plan for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein. Mayor Rose read the full title. Mery Lapin suggested he ordinarily was not in favor of supplemental appropriation ordinances, but in this case, the majority of items were rollovers from 1989 and passage was appropriate. Jim Gibson moved to approve Ordinance No. 24, with a second coming from Tom Steinberg. A vote was taken and the motion passed unanimously 7-0. The next item of business was Ordinance No. 28, Series of 1990, first reading, an ordinance amending the plan document of the Town of Vail employees' pension plan; and setting forth details in regard thereto. The full title was read by Mayor Rose. Charlie Wick stated that the next three items, Ordinance No. 28, Ordinance . No. 29, and Ordinance No. 30 were nearly identical documents, that state law requires separate documents for police and fire as opposed to Town of Vail employees' pension plan, and they must be reviewed independently of each. Mery Lapin moved to approve Ordinance No. 28 on first reading. Lynn Fritzlen seconded that motion. A vote was taken and the motion passed unanimously 7-0. Ordinance No. 29, Series of 1990, first reading, an ordinance amending the Town's Police and Fire pension plan document subject to approval by sixty-five percent (65%) of the Town's Police and Firemen; and setting forth details in regard thereto, was next on the agenda. Mayor Rose read the title in full. Charlie Wick stated that an election had been held on July 2 and 3, 1990 at the Vail Municipal Building for the Town of Vail and the results were as follows. The Town of Vail has 15 sworn fire personnel with 13 votes cast for amendment six; one vote against amendment six; and one fire personnel not voting; therefore, 93 percent voted for amendment six. In regard to the police election, the Town of Vail has 27 sworn police personnel; 22 votes cast were for amendment six; none voted against amendment six; and five police personnel did not vote; therefore, 82 percent of the sworn police personnel voted for amendment six. In order to pass, 65 percent sworn personnel must vote on an issue. Mery Lapin moved to approve Ordinance No. 29 on first reading, and Lynn Fritzlen seconded that motion. A vote was taken and the motion passed unanimously 7-0. Item ten on the agenda was Ordinance No. 30, Series of 1990, first reading, an ordinance amending the trust agreement pursuant to the Town of Vail employees' pension plan; and setting forth details in regard thereto. The full title was read by Mayor Rose. This amendment allowed VMRD to have a voting member on the Board of Trustees for the Town of Vail Employees' Pension Plan. Mery Lapin moved to approve this ordinance, and Lynn Fritzlen seconded the motion. A vote was taken and the motion passed unanimously 7-0. Item eleven was an appeal of a Planning and Environmental Commission decision regarding the PEC's denial of a request for a height variance for an addition to Condominium Unit E-6, Lot P, Block 5D, Vail Village 1st Filing (141 East Meadow Drive - Crossroads Condominiums) (Applicant: Sid Schultz for H. William Smith). Mike Mollica requested that Council uphold or overturn the decision of the PEC. The PEC at their June 25, 1990, public hearing had unanimously denied the requested height variance, that vote being 6-0. Mery Lapin stated that he owned 50 percent interest in Unit C-1 of Crossroads, which disqualified him from voting on this issue, so he stepped down from the hearing. Tom Steinberg divulged that he had a 3 percent interest in a mortgage in a unit at Crossroads, but did not feel that was a significant conflict, so he opted to vote on the item. Jay Peterson stated he was an attorney representing the applicant, and Sid Schultz was the architect on behalf • of the applicant. Some discussion ensued in regard to whether other condominium owners had been notified of this request for the use of their collective GRFA, and Merle Sachnoff, who is secretary of the association, stated letters had been sent out to 22 condominium owners with 20 responding they were in favor of this addition -4- and two voting against. Rod Slifer spoke on behalf of the applicant, stating it was important to encourage upgrading of older facilities within the Town of Vail. Lynn Fritzlen voiced her discontent with the procedures stating that she would prefer having a policy statement rather than treating this as a singular item. Mike Mollica stated no additional parking requirement would be necessary since the total • square feet of the unit, including the addition, would now come to 1,695 square feet. Peggy Osterfoss noted that this was not like other in -fill in the Village, and was more an extension of an existing architectural element. Peggy Osterfoss moved to uphold the Planning Commission's decision for denial of this request, with a second coming from Kent Rose. Her findings included that this would be a grant of special privilege because the building itself is not a physical hardship. A vote was taken and the motion passed unanimously 6-0. At this point, Susie Bruce, who was not represented by counsel, requested an audience with the Town Council to discuss the lease for space currently held by the Town of Vail in the Village Inn project. Her questions related to the term of the lease as well as the CPI or adjustment over time. Steve Barwick's recommendation was to compromise, with the market value adjustment after five years. He suggested that an appraiser should evaluate the property. This would guarantee after a five year period of time, the Town of Vail would be getting its equitable leasehold space amount. The Council unanimously agreed and gave direction to staff to proceed with signing of the lease with Ms. Bruce. There being no further business, the meeting was adjourned at 11:45 p.m. • ATTEST; Pamela�r nfmey�erown c�✓ Clerk Minutes taken by Pam Brandmeyer 0 Respectfully submitted, Kent R. Rose, Mayor -5-