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HomeMy WebLinkAbout1995-11-07 Town Council MinutesMINUTES VAIL TOWN COUNCIL MEETING November 7, 1995 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, November 7, 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 Tom Steinberg Sybill Navas Jan Strauch Rodney E. Slifer Paul Johnston MEMBERS ABSENT: None TOWN OFFICIALS PRESENT: Bob McLaurin, Town Manager Tom Moorhead, Town Attorney Pamela A. Brandmeyer, Assist Town Manager Lori Aker, Deputy Town Clerk The first item on the agenda was Citizen Participation. There was no citizen participation. The second item on the agenda was the Consent Agenda: A. Approval of the Minutes for the meetings of October 3 and 17, 1995. B. Ordinance No. 18, Series of 1995, second reading of an ordinance Amending Section 9.22.101A. which contains the definition for Larceny. Mayor Osterfoss read the Consent Agenda in full. Lapin moved to approve the Consent Agenda with a second by Steinberg. Navas asked that a typo be corrected and that her vote on item five have an explanation added as to why she was opposed. Johnston noted on item one that Steinberg's name be inserted instead of his name where reference was made to previous council members present at the time of the land purchase. A vote was taken and passed unanimously, 7-0. The third item on the agenda was Ordinance No. 22, Series of 1995, first reading of an ordinance making supplemental appropriations from the Town of Vail General Fund, Real Estate Transfer Tax Fund, Parking Structure Fund, Heavy Equipment Fund, Police Confiscation Fund, Facilities Maintenance Fund, Vail Marketing Fund and the Vail Housing Fund, of the 1995 budget and the financial plan for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein; and setting forth details in regard thereto. Steve Thompson and Christine Anderson presented the Third Quarter Financial Report and list of required supplemental appropriations. Staff is requesting approval of Ordinance No. 22, Series of 1995 on first reading. Lapin moved to approve Ordinance No. 22 of 1995 on first reading, with a second by Steinberg. A vote was taken and passed unanimously, 7-0. The fourth item on the agenda was Ordinance No. 23, Series of 1995, first reading of an ordinance amending Chapter 2.48, Compensation of Town Officials, Town of Vail Municipal Code. Tom Moorhead presented this item to council. Council is asking for a raise of $200 to $500 per month for Council members and $500 to $1000 per month for the Mayor. Said change, if approved would start January 1, 1998 with pay adjustments made every 4 years per the Denver CPI. Hermann Staufer encouraged the council to vote no on this Ordinance. He challenged next years Council that if they donate their money to charity, he would match a like amount to the same charity, Money should not be the reason a Council member serves. The main reason must be they want to make a contribution to the community. Slifer noted the last time council received a raise was 1981. Slifer made a motion to increase Council's pay to $1,000 per month and the Mayor's pay to $1,500 per month, with a second by Paul Johnston. A vote was taken and failed 2-5. Johnston and Slifer were in favor of the motion and Navas, Strauch, Steinberg, Osterfoss and Lapin against. Bob F.iske encouraged the Council to vote for a pay increase as he believes it would encourage and enable more individuals to run for council. Lapin made a motion to approve Ordinance 23, 1995 on first reading allowing for a Council pay increase to $500 per month and the Mayor's pay increased to $1000 per month; said increase and CPI calculations to start January 1, 1998, with a second by Steinberg. The motion passed unanimously 7-0. The fifth item on the agenda was Ordinance No, 20, Series of 1995, second reading of an annual appropriation ordinance adopting a budget and financial plan and making appropriations to pay the costs, expenses, and liabilities of the Town of Vail, Colorado, for its fiscal year January 1, 1996, through December 31, 1996, and providing for the levy assessment and collection of Town ad valorem property taxes due for the 1995 tax year and payable in the 1996 fiscal year. Steve Thompson presented this item to Council. The Council has been reviewing the 1996 budget for several weeks. The ordinance summarizing the expenditures is required by statute. Staff is recommending approval of Ordinance No. 20, Series of 1995. Johnston moved to approve Ordinance No. 20, Series of 1995 on second reading, with a second by Strauch. A vote was taken 10 and passed unanimously, 7-0. The sixth item on the agenda was Ordinance No, 19, Series of 1995, second reading of an ordinance to change the zoning of 67 properties in the Town of Vail from their current zoning to the Natural Area Preservation District, Outdoor Recreation District, or the General Use District. Russ Forrest and Jim Curnutte presented this item to Council. On August 22, 1994, staff received approval to amend the text of Chapter 18.38, Greenbelt and Natural Open Space District (GNOS) and Chapter 18.36, Public Use District (PUD), of the Vail Municipal Code, and to create a new Chapter 18.33, Outdoor Recreation District (OR). These text amendments and the proposed zoning changes, as identified in Ordinance No. 19, are intended to insure that the uses allowed in these zone districts are consistent with their purpose statements, and that properties throughout Town, especially those with open space characteristics, are located in the appropriate zone district. The Planning and Environmental Commission reviewed the proposed zoning changes on September 24, 1995 and voted 4-2-1 to recommend approval of these changes. The two dissenting members stated that they wanted parcel #21 (proposed par 3 site) to be rezoned to the General Use District. Staff also reviewed issues and public comments concerning the proposed rezoning of the Mt. Bell site (#34), The PEC felt strongly that the entire Mt. Bell parcel should be rezoned to the General Use District as per the staff memo. Staff recommends approval of Ordinance No. 19, Series of 1995. Steinberg wants to change the Red Sandstone site boundary lines and Johnston wants to change the Mountain bell site boundary lines, Hermann Staufer encouraged Council to create a zone just for the Vail Golf Course. The Golf course needs to run as a first class operation and a zone just for a golf course could assure this. Moorhead stated the Outdoor Recreation zone district allows for golf courses as a permitted use and provides for the needs of a golf course. Navas is concerned the new zoning on the recreation parcels may make it difficult to place any community buildings on these parcels. She thinks Outdoor Recreation is inappropriate for some parcels and General Use may allow for greater flexibility. Slifer wondered if this item should be tabled pending resolution of these questions. Moorhead stated it would be appropriate to table the issue if Council wants to reconsider Outdoor Recreation vs. General Use, or the questionable parcels could be removed from this Ordinance and continue with a motion. Lapin made a motion to Approve Ordinance No. 19, Series of 1995 on second reading, excluding property no. 51 (upper bench of Donovan Park) and west of Red Sandstone School create a line to allow for NAPD on the steep section of that parcel, with a second by Steinberg. A vote was taken and passed, 6-1 with Navas opposing. oblus The seventh on the agenda was Ordinance No. 21, Series of 1995, second reading of an ordinance amending Section 5.04.120 Transfer of License and Section 5,20.100 Exemptions; and setting forth details in regard thereto. Tom Moorhead and Steve Thompson presented this item to council. 1) Council requested staff to prepare an ordinance that would allow some relief from the Annual Business License fee when a new owner occupied an existing space and began a new operation in a space that a prior owner had paid the annual business license fee. 2) Council requested staff to prepare amendments to our special events license to guarantee that exempt, non-profit organizations will significantly benefit from such special events. This direction was provided as a result of a special event that was perceived to be nothing more than a retail sales event that did not provide significant benefit to an exempt organization. Staff is recommending the following: 1) Staff recommends a more equitable approach is to prorate the annual business license fee for the initial year of operation. 2) Staff advises that the change may significantly impact special events and sales tax revenue from those events. Moorhead stated this ordinance provides for a quarterly, prorated business license, but does not reduce the fee to less than $100 and will take affect October 2, 1995. Lapin moved to approve Ordinance No. 21, Series of 1995 on second reading, with a second by Steinberg. A vote was taken and passed unanimously, 7-0. The eighth item on the agenda was Ordinance No. 14, Series of 1995, second reading of an ordinance providing for the major amendment of Special Development District No. 31, Golden Peak House; amending an approved development plan for 46 Special Development District No. 31, in accordance with Chapter 18.40 of the Vail Municipal Code; located at 278 Hanson Ranch Road/Lots A, B, and C, Block 2, Vail Village 1st Filing and a portion of Tract E, Vail Village 5th Filing, and setting forth details in regard thereto. Mike Mollica presented this item to Council. On September 11, 1995, the Planning and Environmental Commission voted (by a vote of 4-2, with Armour and Pratt opposed) to recommend approval for the applicant's requests. The staff recommendation is for approval of the applicant's request to modify the density section of the SDD, with regard to the overall number of dwelling units. Additionally, staff recommends denial of the applicant's request to modify the density/GRFA portion of the proposal. Please see the attached staff memorandum, dated September 11, 1995, to the Planning and Environmental Commission. Steinberg moved to approve Ordinance No. 14, Series of 1995 on second reading, with a second by Navas. A vote was taken and passed unanimously, 7-0. The ninth item on the agenda was Resolution No. 24, Series of 1995, A resolution adopting the Intergovernmental Agreement Concerning the Implementation, Operation and Maintenance of the "E-9-1-1" Telephone Service. Tom Collins presented this item to Council. Lapin moved to approve Resolution No. 24, Series of 1995, with a second by Steinberg. A vote was taken and passed unanimously, 7-0. The tenth item on the agenda was an appeal by an adjacent property owner of a DRB approval of changes to a previously approved set of plans and an appeal of a PEC approval of a Conditional Use Permit for an employee housing unit located at 126 Forest Road/Lot 5, Block 7, Vail Village 1st Filing. Lauren Waterton, Mike Mollica and Tom Moorhead presented this item to Council. At the October 18, 1995 DRB meeting, the DRB approved changes to a previously approved set of plans for a new Primary/Secondary residence to be located at 126 Forest Road. The DRB originally approved the project at the June 6, 1995 DRB meeting. At the October 23, 1995 PEC meeting, the PEC approved a Conditional Use Permit for a Type 11 employee housing unit. The adjacent neighbor to the west, Mike Flannery, has appealed both of these decisions to the Town Council. Please see the attached letters of appeal, as well as the staff memorandum for further information. Staff recommends that both the DRB decision and the PEC decision be upheld. Dave Lenyo and Lawrence Levine attorneys for the Flannery's presented to council testimony as to the history of events and facts particular to the PEC and DRB appeals. Jay Peterson objected to listening to the full presentation. Council should only hear evidence directly relating to the two appeals. Dave Lenyo gave Council background information on the boundary lines. These lines are still under litigation. He wants Council to address whether this U d ;1Lw. 9 Wj1. , M. i., 11171M proposed building would fit on the property. Lawrence Levine did participate in the DRB & PEC process regarding the "changes". However he stated the Flannery's were not present for the original presentations last summer. Levin stated the proposed plans do not comply with the TOV codes pertaining to "buildable square footage". Mike Mollica stated the applicant met the zoning code requirements to place a Type it EHU on the lot. Levine stated the GRFA calculation on the building exceeds the maximum allowable GRFA. Lauren Watterton stated the GRFA on this building is below the maximum and Levine is incorrectly calculating the stairs. Levine said the landscaping calculations do not meet the TOV's code and that hardscape is not to exceed 20%. Mollica stated the hardscape is within the guidelines. Levine believes wall heights are incorrect per the Code. Mollica stated prior to a building permit being issued staff will carefully review all wall heights and they must comply prior to a building permit being issued. Levine stated the building height exceeds the 33' maximum. Mollica stated the building height does not exceed the maximum allowable of 33', Moorehead instructed Council to vote separately on the two issues. Lapin moved to uphold the PEC decision with PEC's conditions of 1) This Employee Housing Unit shall comply with all future regulations pertaining to Type 11 Employee Housing Units that may be adopted by the Vail Town Council. 2) Prior to the issuance of a building permit for the proposed structure, the applicant shall sign a deed restriction using the form provided by the Town of Vail. This document will be recorded at the Eagle County Clerk and Recorder's Office and will require that the employee housing unit be permanently restricted for employee housing, with a second by Strauch. A vote was taken and passed unanimously 7-0. Lapin moved to uphold the DRB decision with DRB's conditions of 1) Provide staff a new landscape plan with special attention to the retaining wall and the area in front of the building. 2) Remove the blast protection screen immediately upon completion of excavation. 3) Should the PEC approve the EHU on October 23, 1995, the design of the north elevation with the EHU may substitute for this approval, plus any incorrect wall heights shall be corrected, with a second by Johnston. A vote was taken and passed unanimously 7-0. Levine would like the plans he used for this meeting to be submitted for the record. The eleventh item on the agenda was the Town Manager's Report. There was no report. There being no further business, Strauch moved to adjourn at approximately 11:15 PM. ATTEST: V Liu 1r7�aioh, s Ie�+�e y Town Clerk ('Names of ceftaln h%!vlaoale who gave public Input may be Inaccurate,) Respectfully submitted, �Mararet Osterfoss, Mayor 0 u,r-'7.w Cd&,-, Wt., ip.a., !r17115