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HomeMy WebLinkAbout1995-06-06 Town Council MinutesMINUTES VAIL TOWN COUNCIL MEETING June 6, 1995 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, June 6, 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 Jim Shearer MEMBERS ABSENT: Paul Johnston 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 was Citizen Participation. Lou Meskimen expressed concern about the potential displacement of beavers at Bighorn Park. The beavers, if displaced, will pose the same or greater problem at another location. He suggested feeding the beavers with fallen or cut trees to help supplement their diet. He asked the Town to join him in keeping an eye on the situation. Rick Sackbauer, chairman of the Upper Eagle Valley Water District, read from a press release correcting a Denver news report which cited problems with Vail's water. He said the problems were actually occurring in the Lake Creek Water District, 20 miles west of Vail. The Denver television station ran a retraction to correct the error and offered its apologies. Bill Kerig, Kent Rose, and Paul Gotthelf of the Eagle Valley Cycling Coalition presented the Council with a $1,000 check to be earmarked for completion of the Dowd Junction bike path. The coalition is dedicated to seeking a complete bike system throughout the Vail valley. Mayor Peggy Osterfoss thanked the group for their donation to the Town of Vail. The second item on the agenda was the Mauri Nottingham Environmental Quality Awards Ceremony. This award was created to recognize outstanding environmental achievements and actions. There are three categories for the award: individual, business, and student. The three award winners are as follows: The Antlers of Vail (Business) for their fireplace conversion; Bill and Jean Johnson (Individual) for being the first to place land into the Eagle County Land Conservancy for perpetuity; and the Eagle Valley High School Bio-Building (Student); which is a building specifically dedicated to hydroponics and aquaculture. Honorable mentions were also presented to Mike King for starting a recycling program at the Battle Mountain High School and to Kerry Donovan a#student at Battle Mountain High School for her fiver y*tch efforts. The third item on the agenda was the Consent Agenda: A. Approval of the Minutes for the meetings of May 2 and 16, 1995. B. Ordinance No. 9, Series of 1995, second reading of an ordinance rezoning Tract Vat! Town Council Evening Meeting Minutes 616A5 C, Vail Village First Filing/967 Vail Valley Drive from the General Use Zone District to the Primary/Secondary Residential Zone District. . Mayor Osterfoss read the Consent Agenda in full. Mery Lapin moved to approve the Consent Agenda with a second by Steinberg. Lapin then amended his motion to approve the Minutes only (with corrections being made to the May 16, minutes "four" changed to "three" on the Vail Commons Developers item and the vote on item five corrected to state that Lapin abstained from voting) and that discussion on Ordinance No. 9 be held separately. Steinberg seconded this amended motion. A vote was taken and passed unanimously, 6-0. Ordinance No. 9, Series of 1995. Jim Cumutte presented this item to the Council and handed out a memorandum from April 10, 1995, to the Planning and Environmental Commission explaining the request to rezone Tract C, Vail Village 7th Filing from the General Use Zone District the Primary/Secondary Residential Zone District. Ann Repetti, Ralph Davis and Jim Lamont offered comments in opposition to this ordinance. Jan Strauch moved to approve Ordinance No. 9, Series of 1995 on second reading, second by Steinberg. The motion passed 5-1, with Mery Lapin opposing. The fourth item on the agenda was first reading of Ordinance No. 10, Series of 1995, Vail Recreation District (VRD) request to change the zoning from the Natural Area Preservation District to the General Use District for the Vail Golf Course Maintenance Facility located at 1278 Vail Valley Drive, Parcel E Vail Valley 7th Filing. On April 4, the Town Council unanimously approved changing the Vail Land Use Plan designation for this property from "Open Space" to "Public Semi Public." This zone change request is the second step in a.three-step process that could enable the District to apply for a conditional use permit to remodel the facility. This maintenance facility is currently a legal non conforming use on property that is zoned Natural Area Preservation (NAP). The use of the site is non consistent with the zoning (the only permitted use in NAP is nature preserve) and has existed on the site since 1966. The site is used for storage of fuel, equipment, and various supplies used to maintain the golf course. If this amendment to the Land Use Plan is approved, the Town will consider rezoning these properties, along with others, to further protect open space and address conflicts between zoning and actual land use. On May 8, 1995, the Planning and Environmental Commission unanimously recommended the Town Council approve this zoning change. Russell Forrest presented this ordinance. Mery Lapin moved to approve Ordinance No. 10, Series of 1995, on first reading, with a second by Tom Steinberg. A vote was taken and the motion passed unanimously, 6-0. The fifth item on the agenda was second reading of Ordinance No. 5, Series of 1995, an Animal Control and Carriage Operations Ordinance. Tom Moorhead and Bob Slagle presented this ordinance. This comprehensive animal control ordinance addresses carriage operations in addition to other animal issues. Tom Moorhead indicated the definition for "Training" had been revised to mean the education, instruction, or discipline of a dog that is being trained. He also indicated a typo which would be corrected. Citizen comments were received from Randy Guierro. Mery Lapin moved to approve Ordinance No. 5, Series of 1995, on second reading including the changes presented by Tom Moorhead, with a second by Jan Strauch. A vote was taken and the motion passed, 5-1, with Tom Steinberg opposing. The sixth item on the agenda was Resolution No. 13, Series of 1995, a request to change the Vail Land Use Plan for 13 parcels of property throughout the Town of Vail from their current Land Use Plan designations to the Open Space and Public/Semi- Public designations. Russell Forrest and Jim Curnutte presented this Resolution. The Community Development Department is proposing to change the Vail Land Use Plan designations of 13 properties throughout the Town of Vail. The reason for proposing • the changes is to address inconsistencies between the actual use of these parcels and their current designation on the Land Use Plan map. On May 8, 1995, the Planning and Environmental Commission unanimously recommended approval of this amendment to the Vail Land Use Plan. Citizen input was received from the following: Vail Town Council Evening Meeting Minutes 616195 Hermann Staufer, Peter Furstenberg, Douglas Hawkins, Bill Wilto, John Milligan (representing the Mays family) and Jim Lamont, all in support. Mery Lapin moved to approve Resolution No. 13, Series of 1995, with the revision of adding to the property list "Lot 10, Bighorn Subdivision", with a second by Tom Steinberg. A vote was taken and the motion passed unanimously, 6-0. The seventh item on the agenda was an Audit Report Presentation. Jerry McMahan of McMahan & Associates, PC, together with Steve Thompson and Christine Anderson presented the audit report. McMahan indicated the audit was very "clean." Mery Lapin disclosed that Jerry McMahan is his personal CPA for Vail Securities. Lapin praised McMahan's work for the Town of Vail. However Lapin felt the Town of Vail should change who they hire to perform the audit every three or more years. Bob McLaudn stated the Town of Vail is currently in the first year of a three year contract with McMahan, and at the end of this term the Town will go out to bid again for another. CPA. Mery Lapin moved to approve the 1994 Town of Vail Audit, with a second by Tom Steinberg. A vote was taken and the motion passed unanimously, 6-0. The eighth item on the agenda was the Town Council appeal of a PEC decision to approve a Conditional Use Permit to allow for the installation of an Automatic Teller Machine (ATM) to be located at the One Vail Place Building, 244 Wall Street, a part of Block 5C, Vail Village First Filing. Jim Curnutte presented this item. On May 22, the PEC approved with two conditions a Conditional Use Permit to allow for the installation of an Automatic Teller Machine (ATM). Joe Miller, Assistant Vice President of First Bank and Jack Curtin, owner of One Vail Place, gave their comments to the Council. Lapin disclosed he was in negotiations with First Bank, but felt he was still eligible to vote on this item. Tom Steinberg moved to uphold the PEC decision allowing an ATM machine at 224 Wall Street, with a second by Jim Shearer. A vote was taken and the motion passed unanimously, 6-0. The ninth item on the agenda was to Appoint three Local Licensing Authority Members from the below list: Mary C. Zarba Ellen Schmitt Joseph Palaszynski Ben Irvin Davey Wilson Linda Fried Jeffrey S. Auxier Mery Lapin moved to appoint Mary C. Zarba, Ellen Schmitt, and Davey Wilson to the Local Licensing Authority each for two year terms expiring in June 1997. This was seconded by Tom Steinberg. A vote was taken and the motion passed unanimously, 6- 0. The tenth item on the agenda was the Town Manager's Report. Bob McLauren stated he would be out of Town June 10-20, 1995. There being no further business, Mery Lapin moved to adjourn at approximately 10:00 P.M. Respectfully submitted, ATTEST: Lori Aker, (Names ofcertain Individuals wtift WVIATI IIK�ul maybe inaccurate.) k- --4-4Margaret A. Osterfoss, Mayor Vail Town Council Evening Meeling Minutes 61"5