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