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Home My WebLink About1992-02-04 Town Council MinutesMINUTES VAIL TOWN COUNCIL_ MEETING FEBRUARY 4, 1992 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, February 4, 1992, at 7:30 P.M., in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Peggy Osterfoss, Mayor Mery Lapin, Mayor Pro-Tem Jim Gibson Jim Shearer Tom Steinberg MEMBERS ABSENT: Rob LeVine Bob Buckley TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first item on the agenda was a TOV Ten Year Employee Recognition presentation. Pam Brandmeyer introduced Martha Raecker, Deputy Town Clerk, and thanked her for the years of dedicated service. Second on the agenda was Citizen Participation, of which there was none. Item No. 3 was Ordinance No. 2, Series of 1992, first reading, an ordinance repealing and re-enacting Ordinance No. 19, Series of 1992; to provide for the amendment of the approved development plan for Special Development District No. 6 (Vail Village Inn); adopting a revised development plan for Phase IV -A of Special Development District No. 6; and setting forth details in regard thereto. Mayor Osterfoss read the title in full. Mike Mollica reviewed the request, detailing background and history, zoning considerations, SDD criteria, and staff recommendations. Ordinance No.19, Series of 1991, had previously approved Phase IV -A of Special Development District No. 6. Mike said after staff's detailed analysis of the applicant's request, they concluded the requestfor one additional dwelling unit at 3,100 square feet of additional GRFA was warranted for reasons described on page 9 of the January 13,1992, memo from staff to the PEC. Mike added staff wanted two additional key issues addressed: a provision for a pedestrian connection to the existing sidewalk at the adjacent Gateway Plaza Building and additional landscaping. Lengthy discussion about the proposed free-market dwelling, GRFA issues, parking requirements, rental restrictions, and potential liability problems with the grade change of the sidewalk from the Gateway property followed. Bill Pierce, architect for the applicant, spoke about the substantial upgrade of the building appearance, but added financing the project had been difficult, so the proposed free-market dwelling unit was integral to help finance the project. Josef Staufer said he could not take the financial risk on the project if Council placed any restrictions on the dwelling unit, even though Kristan Pritz felt the unit would only be acceptable to staff with rental restrictions. Larry Eskwith responded to a question about setting precedence with regard to not placing rental restrictions on the unit by noting all SDDs are different, and this was a massive project that already had many restrictions. After further discussion, Mery Lapin moved to approve Ordinance No. 2, Series of 1992, on first reading with the following conditions: (a) that all three employee dwelling units be provided with full kitchens, and that the dwelling units be permanently restricted as employee units, per Section 18.13.080(13)(10)(b-d); (b) that the applicant provide additional landscaping along the northern property line of the Vail Village Inn, as discussed in Section IV(H) of the January 13, 1992, staff memorandum; (c) that the applicant provide screening of the existing trash compactor located immediately to the north of the Pancake House Building and said screening shall be subject to approval of the DRB; (d) that the applicant provide a pedestrian sidewalk, adjacent to the South Frontage Road, from the Vail Gateway Plaza Building sidewalk to the western boundary of the Vail Village Inn Phase III property, to be constructed within five years, at which time the Town of Vail would be required to have a sidewalk extending from the corner of Crossroads property to the western boundary of the VVI Phase III property subject to either cash for the sidewalk or an unconditional letter of credit for the sidewalk; (e) that of the $75,000 which is still due as part of the original agreement for the ski museum relocation, $27,500 be paid at the time of the issuance of the building permit, and the balance of $47,500 be paid either at the closing of the sale of the free-market dwelling unit, or not to exceed two years from the issuance of a Temporary Certificate of Occupancy for any of the accommodation units. Jim Shearer seconded the motion. A vote was taken and the motion failed, 3-2, Peggy Osterfoss and Tom Steinberg opposed. Jim Gibson moved to approve Ordinance No. 2, Series of 1992, on first 10 reading including all conditions set forth in Merv's motion with the exception of the sidewalk condition (d), which he felt should be delayed until such time as the sidewalk could be continued all the way to the VTRC, but with the addition of the condition that staff's recommendation to have the pedestrian connection to the Gateway be completed. Jim Shearer seconded this motion. There was additional discussion about the sidewalk issue, and then a vote on this motion was taken and the motion failed, 3-2, Peggy Osterfoss and Tom Steinberg opposed. Before another motion was made, Tom Steinberg said he wanted a sidewalk, but not a sidewalk that led nowhere. Further, he agreed with the applicant that it was not their problem, and Gateway should solve the problem there. Peggy Osterfoss then moved to approve Ordinance No. 2, Series of 1992, on first reading with the PEC and staff recommendations (January 21, 1992 staff memo to Council), and the approval would be based on findings as presented in the staff memo, and that the proposal is in compliance with the elements in the Vail Comprehensive Plan, also with SDD requirements G and A. The motion died for lack of a second. Tom Steinberg moved to use Mery Lapin's original motion but to delete the recommendation that had anything to do with sidewalks, with a second from Jim Gibson. A vote was taken and the motion passed, 4-1, Peggy Osterfoss opposed. Item No. 4 was Resolution No. 2, Series of 1992, a resolution of the Town Council designating the President's Holiday Weekend, February 15, 16, and 17, 1992, as the 12th Annual Smokeless Weekend, and setting forth details relating thereto. Mayor Osterfoss read the title in full. Mery Lapin moved to approve Resolution No. 2, with a second from Peggy Osterfoss. A vote was taken and the motion passed unanimously, 5-0. After the vote was taken, Tom Steinberg objected to the wording Indicating Vail's air pollution was increasing each year. He requested the wording be changed to read "air pollution in the Gore Valley has not been improving with each winter season." Mery Lapin then moved that Resolution No. 2, Series of 1992, be reconsidered, with a second from Tom Steinberg. A vote was taken and that motion passed unanimously, 5-0. Mery Lapin moved that Resolution No. 2 be approved with the change as previously noted, with a second from Peggy Osterfoss. A vote was taken and the motion passed unanimously, 5-0. Item No. 5 was Resolution No. 3, Series of 1992, a resolution opposing the enactment of Senate Bill 101 in the Colorado General Assembly concerning the change of condominiums from residentiatto commercial fortax assessment purposes. Mayor Osterfoss read the title in full. Tom Steinberg moved to approve Resolution No. 3, with a second from Mery Lapin, A vote was taken and the motion passed unanimously, 5-0. Mery suggested the item receive editorial attention because the issue could have negative effects on this community if condominiums were taxed at the commercial rate. Item No. 6 was the appointment of four Planning and Environmental Commission members. Mery Lapin moved to appoint Diana Donovan, Dalton Williams, Greg Amsden, and Ludwig Kurz to two year terms with a second from Tom Steinberg, A vote was taken and the motion passed unanimously, 5-0. Item No. 7 was the appointment of two Art in Public Places Board members. Mery Lapin moved to appoint Laura Nash and Karen Smith to three year terms and that staff be directed to advertise for a third member, and that Roselyn Swig be appointed to a special advisory Board of Directors. Tom Steinberg seconded the motion. A vote was taken and the motion passed unanimously, 5-0. Item No. 8 was the appointment of two Vail Valley Special Events Committee members. Mery Lapin moved to appoint Margie Plath and Ken White to two year terms on the Vail Valley Special Events Committee. Tom Steinberg seconded the motion. A vote was taken and the motion passed unanimously, 5-0. Item No. 9 was Ratification of Articles of Association of the Northwest Colorado Council of Governments (NWCCOG). >� Tom Steinberg moved to ratify the Articles, with a second from Jim Gibson. A vote was taken and the motion passed unanimously, 54 There being no further business, a motion to adjourn the meeting was made and passed unanimously. The meeting was adjourned at 9.35 p.m. Respectfully submitted, Q �� Margaret A, Osterfoss, Mayor ATTEST. � ��" t" Pamela A: Brandmeyer, own Clerk Minutes taken by Darianne S. Data CAMINSFEB4.92