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HomeMy WebLinkAbout1995-08-15 Town Council MinutesMINUTES VAIL TOWN COUNCIL MEETING AUGUST 15, 1995 • 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, August 15, 1995, in the Council Chambers of the Vail Municipal Building. The meeting was called to order at 7:30 P.M. MEMBERS PRESENT: Peggy Osterfoss, Mayor Mery Lapin, Mayor Pro-Tem Sybill Navas Jan Strauch Rodney E. Slifer Paul Johnston MEMBERS ABSENT: Tom Steinberg TOWN OFFICIALS PRESENT: Bob McLaurin, Town Manager Tom Moorhead, Town Attorney Pamela A. Brandmeyer, Asst. Town Manager Lori Aker, Deputy Town Clerk The first item on the agenda swearing in of the newly appointed Town Council Member, Rodney E. Slifer. Mayor Osterfoss thanked applicants Bob Fiske, Ludwig Kurz, Greg Amsden and E.B. Chester for their interest and support of the Town of Vail. The second item on the agenda was Citizen Participation Willa Scott, an activist from San Francisco is traveling the United States on three issues a) police harassment, b) concern for global warming and c) lack of help for the homeless. Daniel Frederick asked the Town Council why he has not received his building permit. He has gone through the process and is still being denied the permit. Tom Moorhead indicated there is a meeting set for next Thursday to meet with Frederick. Frederick had agreed to a deed restriction condition which he is now unwilling to meet. A transcript of the meeting is being made. Osterfoss advised Fredrich that the Council could not respond to this issue during Citizen Participation, and advised him to continue working through the process with staff. • The third item on the agenda was the Consent Agenda: A. Proclamation No. 3, Series of 1995 proclaiming the week of August 14, 1995 "Team Sunrise Week." B. Resolution No. 6, Series of 1995, a resolution commending Bill Anderson for his contribution to the Planning and Environmental Commission. C. Resolution No. 7, Series of 1995, a resolution commending Kathy Langenwalter for her contributions to the Planning and Environmental Commission. D. Resolution No. 8, Series of 1995, a resolution commending Allison Lassoe for her contributions to the Planning and Environmental Commission. E. Resolution No. 17, Series of 1995, a resolution commending Sally Brainerd for her contributions to the Design Review Board. F. Resolution No. 19, Series of 1995, a resolution designating Christine B. Anderson, Controller, as an additional signer on the Town of Vail's checking account #229-570-0037 as permitted by the Charter of the Town, its ordinances, and the statutes of the State of Colorado. G. Resolution No. 20, Series of 1995, a resolution designating an additional checking account for the Town of Vail with Carol Fox, Susan Boyd; Walter Ingram, Katie Laubengayer, and Kelly McCrae, as the designated signers on that account, permitted by the Charter of the Town, its ordinances, and the statutes • of the State of Colorado. Vail Town Council Meeting, August 15, 1995, Page 1 • 0 • Mayor Osterfoss read the Consent Agenda in full. Paul Johnson moved to approve the Consent Agenda with a second by Mery Lapin. A vote was taken and passed unanimously, 6-0. Bill Anderson, kathy Langenwalter and Allison Lassoe were present • to receive their resolutions. The fourth item on the agenda was, discussion of desired use of community building in the Vail Commons Development. Andy Knudtsen and Susan Connelly presented this item to council to review options such as a day care or a community meeting room, and provide direction to the Vail Commons Development team as to the use of the community facility. Andy Knudtsen reviewed the results of the Town survey regarding a day care center or community center. Nancy Nottingham, who manages all the day care centers for Vail Associates and is a member of the Eagle Valley Child Care Task Force gave the Council her recommendations as to what would be involved in developing a day care center on this 3,000 square foot area within the Vail Commons. Child care needs from Vail to Gypsum is growing, especially for infant care. There are 2,000 children under the age of five years from Vail to Gypsum. Cherie Paller, from the Resource Center and Family Center stated the Family Center is in need of space and the proposed day care center could have great potential of shared space with other social service providers and the Center. Nottingham thought this a great idea to share the space because it would generate additional revenue to cover the costs. Nottingham added that 750 square foot of fenced outdoor space would be required for a day care. Colleen McCarthy stated the Council was not listening to the people's desires, nor are they open to the local's ideas. At a neighborhood meeting she attended it was important that a good sized community center be built and the neighborhood people did not want a grocery store. She questions if there are 40- 52 kids in Vail to utilize a day care center. Nottingham responded there are enough kids to support another day care center from parents who work in Vail, but live between Vail and Gypsum. Dick Peterson questioned if it is the Town of Vail's responsibility to use Vail tax dollars to supply day care for non-resident children. Nancy Rondeau asked where the proposed West Vail Fire station would be located. Bob McLaurin responded that currently three sites are being looked at and the Commons site is not one of them as the Fire Chief has determined this site inappropriate. Rondeau wants to charge a higher fee to non Vail residents utilizing the Vail child care. She would like to provide more free parking on this site and start a park-n-ride. Lynn Fritzlin, resident of West Vail feels the traffic is at capacity and questions adding a large commercial complex space to this congestion. She would like a large community room. Jeff Christensen representing the Common Sense for the Vail Commons wants a master plan of the site first, then move ahead with getting a developer. Since the Council is not responding to this request, his group is forced to do an initiative. Andy Knudtsen stated they are looking at the Master Plan and how to make it work with the commercial site. Jeff Christenson supports a day care center, but wants the council to reconsider their position. Martin Waldbaum wants a day care and add sufficient square footage to accommodate a community center on the second floor. Alice Cartright asked if the initiative process defeats the • City Market what then. Tom Moorhead stated it first needs to be determined if this is an administrative or a legislative issue. The Council agreed to continue exploring a combination of day care and community room uses for this site and asked staff to research size, site coverage, cost and operational needs. Mayor Osterfoss invited all citizen to attend an upcoming work session regarding the development of other elements of the Vail Commons project. The exact date will be advertised in the paper. Discussion will include use of the revenue from the development and the criteria to be used for selection of the community members who want to purchase one of the 53 homes in the proposed development. The fifth item on the agenda was , Ordinance No. 6, Series of 1995, second reading of an Ordinance Amending Chapter 18,71 Additional Gross Residential Floor Area. George Ruther and Tom Moorhead presented this item for Council to approve, deny or modify Ordinance No. 6 as presented. Ordinance No. 6, Series of 1995 passed on first reading with the following provisions: five years must have passed since the unit was issued a Certificate of Occupancy (whether temporary or final) or, in the event a Certificate of Occupancy was not required for use to the dwelling at the time of the completion, from the date of the original completion and occupancy of the dwelling. We believe this addresses the issue of the requirement for a Certificate of Occupancy. The ordinance reflects that these applications will be reviewed by the Planning and Environmental. However, all proposals will still be required to conform to the Design Review Guidelines. This ordinance eliminates 250 eligibility for any dwelling unit not in existence as of November 30, 1995 or one for which a completed Design Review Board application for the original construction of a dwelling unit has not been accepted by November 30, 1995, In regard to "catastrophic loss" it would be inappropriate to address Vail Town Council Meeting, August 15, 1995, Page 2 that issue in this provision as it is properly addressed in Chapter 18.64 of the Municipal Code. Section 18.64.090 provides that: "whenever a nonconforming use which does not conform with the regulations for the district in which it is located or a nonconforming structure or site improvement which does not conform with the requirements for ....density control.... is destroyed by fire or other calamity, by act of God or by the public enemy, its use may be resumed or the structure may be restored, provided the restoration is commenced within one year and diligently pursued to completion." This provision would pertain to any structure that has received the benefit of 250 additional GRFA from that amount that would normally be allowable within its zone district. Staff recommendation is to approve this ordinance. Tom Moorhead stated additional language needs to be inserted regarding that the demo/rebuild is not available for additional GRFA, demo/rebuilds must meet present zoning requirements for GRFA. Tim Driscoe, a local attorney, representing his parents stated this ordinance hurts people and is against the ordinance. Jan Strauch moved to approve Ordinance No. 6, Series of 1995, on second reading with the modification that language will be inserted stating that any single family dwelling or two family dwelling which is to be demo/rebuilt shall not be eligible for additional GRFA and the removal of the requirement of a dwelling to have received its final certificate of occupancy prior to receiving its additional GRFA be made, with a second by Paul Johnston. A vote was taken and passed 4-2. Lapin and Slifer voting against the motion. The sixth item on the agenda was Town Council call-up of a Design Review Board approval of an amendment to the sign program at the West Vail Mall. Lauren Waterton presented this item for Council to uphold, reverse or modify the decision made by the Design Review Board. At the request of the Subway Restaurant located in the West Vail Mall, the West Vail Mall Corporation has applied for an amendment to the existing sign program for the West Vail Mall. The current program requires signs to be white wall -mounted letters, with an allowance for the addition of a logo using corporate colors to be not greater than 20 percent of the sign area. The West Vail Mail Corporation has requested that corporate color may be used in 50 percent of the total sign area. On July 19, 1995, the Design Review Board approved (by a vote of 4-1) a change to the West Vail Mall sign program, allowing the sign area for the Subway sign to be 50 percent color and all remaining signs will continue to be restricted to 20 percent. At the July 25, 1995 Town Council worksession, this item was called -up by the Town Council. Tom Moorehead read the motion made by the DRB and stated this variance was not appropriate because it was for one specific sign (Subway) and not for the entire West Vail sign program. One of two choices can be made a) allow all the signs to have 50% color orb) allow no signs at the West Vail Mali to have 50% color. Mike Arnett, Chairman for DRB indicated the DRB wanted to allow for this one time variance for this one shop (Subway). Paul Johnston moved to send this item back to DRB for further consideration of changing the sign program for all West Vail Mall shops to have 50% color, second by Navas. A vote was taken and passed 5-1 with Johnston, Navas, Osterfoss, Lapin and Strauch voting in favor of the motion and Slifer voting against. The seventh item on the agenda was appeal by an adjacent property owner, Neal Groff, of an approval by the Design Review Board for an addition using an additional 250 square feet at the Stevinson Residence, located at 1498 Springhill Lane/Lot 16, Block 3, Vail Valley 3rd Filing. Lauren Waterton presented this item to Council to uphold, reverse, or modify the decision of the DRB. At the August 2, 1995, Design Review Board meeting, the Board approved (by a vote of 4-1) an addition to the Stevinson residence, located at 1498 Springhill Lane. The adjacent neighbor, located at 1468 Vail Valley Drive has appealed the decision to approve this application. Waterton stated Groff is appealing this addition because it will obstruct his view of the Gore Range. Tom Moorhead stated the TOV does not have adopted view corridors for this lot and there is no legal basis to intervene based on a private view. The Council must apply design review guidelines. Larry Eskwith, representing the Stevinson family, stated that Mr. Groff was notified of the two DRB meetings and failed to appear both times. There is no alternative spot to place this addition. The Stevinson family would like to accommodate Mr. Groff, but there just is no practical way to do this. Neal Groff stated he had no knowledge of the first DRB meeting and learned of the second DRB meeting the day before and when Groff spoke to Larry Stevinson, Stevinson indicated he would postpone the meeting for two weeks, which he did not do and moved ahead with the scheduled DRB meeting. Osterfoss stated • Council has to follow DRB guidelines and there are no legal view protection laws for this property. Lapin made a motion to uphold the DRB approval for the Stevinson residence addition at 1498 Springhill Lane, second by Johnston. A vote was taken and passed 5-1 Vail Town Council Meeting, August 15, 1995, Page 3 • • with Johnston, Navas, Osterfoss, Lapin and Slifer voting in favor and Strauch voting against. . The eighth item on the agenda was the Town Manager's Report. McLaurin stated he will be attending a Cast Meeting the end of this week and a Legislative Workshop sponsored by the North West Colorado Council of Governments is upcoming and anyone interested should contact Anne Wright to register. Paul Johnson wants the pay schedule for council addressed and suggest $12,000 per council member and $18,000 for the mayor. He would like this addressed prior to the election so we can attract more candidates. The additional money may encourage people to apply knowing the money would offset the cost of hiring help to cover their businesses while they attend Council matters. McLaurin pointed out that all TOV wages have been frozen for this year. Tom Moorhead will report to the Council what the requirements are to change the pay. There being no further business, Lapin moved to adjourn at approximately 11:05 P.M. 0 n 401LL� Lori Aker, Deputy Town Clerk (-Names of certaln individuals who gave public input maybe Inaccurate.) Ll i Respectfully submitted, M�retOsterfoss, ayor Vail Town council Meeting, August 15, 1995, Page 4