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HomeMy WebLinkAbout1996-09-03 Town Council MinutesMINUTES VAIL TOWN COUNCIL MEETING September 3, 1996 7:30 P.M. �gular meeting of the Vail Town Council was held on Tuesday, September 3, 1996, in the Council tubers of the Vail Municipal Building. The meeting was called to order at approximately 7:35 P.M. MEMBERS PRESENT: Robert W. Armour, Mayor Sybill Navas, Mayor Pro -tern Kevin Foley Rob Ford Mike Jewett Paul Johnston Ludwig Kurz MEMBERS ABSENT: TOWN OFFICIALS PRESENT: Bob McLaurin, Town Manager Pam Brandmeyer, Assistant Town Manager Tom Moorhead, Town Attorney Holly McCutcheon, Town Clerk T first Item on the agenda was Citizen Participation. Town of Vail resident, Jo Staufer stated that his in-laws (ages 90 and 91) were in Vail recently, the most enjoyable part of their visit was the streamwalk. Jo suggested the Town finish the stream walk from Ford Park to Lionshead. Next, Audrey McLean, a resident of the Village Center condos distributed a letter to council members regarding noise and drunken behavior in the Village. She said the noise was caused by Garton's Saloon and other amplified sound, which, she said had been unbearable over the past three years. Item number two on the agenda was the Consent Agenda which consisted of the approval of the minutes for the meetings of August 6 and 20, 1996. Paul Johnston moved to approve the Consent Agenda with minor changes, and Sybill seconded the motion. A vote was then taken and approved unanimously, 7-0. Third on the agenda was the appointment of one Local Licensing Authority member to fill an unexpired term to expire June, 97. One letter of interest was received from M. Kathy Vieth. Rob moved to appoint Kathy to fill the unexpired term due to terminate June, 1997. Sybill seconded the motion and a vote was taken and passed unanimously, 7-0. nda item number four was Ordinance No. 16, Series of 1996, ,first reading of an Ordinance Amending 8 Zoning, Sections 18.24.020, 18.24.030, 18.24.040, 18.24.050, 18.27,030, 18,28.030, 18.28.040 and 18.29.030 of the Zoning Code to Add Brew Pub as a Conditional Use in the Commercial Core 1, Commercial Core 2, Commercial Core 3, Commercial Service Center and Arterial Business Zone Districts and Delete Brew Pubs as a Permitted Use in the Commercial Service Center Zone District of the Vail Municipal Code, Mayor Armour read the title in full. Town of Vail Planner, Dominic Mauriello presented the item and provided the following background: The applicant, Vail Associates, Inc., was requesting a Zoning Code amendment to allow brew pubs as a conditional use in the Commercial Core 2 (CC2) zone district (Lionshead commercial area). Brew pubs were a permitted use in the Commercial Service Center (CSC) zone district (Crossroads commercial area) for establishments operating without off -site sales and as a conditional use for brew pubs with off - site sales. He continued, stating the permitted and conditional uses for the CC2 district reference the uses in the Commercial Core 1 (CC1) zone district (Vail Village commercial area) and therefore both districts should be amended. Dominic said that a comprehensive analysis of all of the Town's commercial districts was done by staff to see if brew pubs would be an appropriate and compatible use in other districts. Based on the analysis staff believed that brew pubs should be listed as a conditional use in all of the commercial zone districts including: Commercial Core 1 (CC1), Commercial Core 2 JW) Commercial Core 3 (CC3) (West Vail commercial area), Commercial Service Center (CSC) and A%rial Business (ABD) (Glen Lyon commercial area) zone districts. Dominic explained that it was staffs belief that with the current definition and existing limitations, brew pubs could be a positive and compatible use in the CC1, CC2, CC3, CSC and ABD zone districts. The PEC, at its August 12, 1996 Vail Town Council Evening Meeting Minutes September3, 1996 meeting, unanimously recommended approval of the proposed amendment, and the recommendation of staff was also was for approval of Ordinance No. 16, Series of 1996, on first reading, he said. Mayor Armour noted for the record a letter which was received from Jim Lamont representing the East Village Homeowners Association, opposing the proposed amendment in CC1 because of an unresolved d ma of truck delivery in the Village. PEC member, GregMoffet was on hand to answer questions and stated it was in his opinion a very q p appropriate use for the CC1 district. Mayor Armour stated that operating a brew pub was not a use by right, and applicants would have to apply for conditional use permit. Paul Johnston spoke about the unresolved dilemma of truck delivery and potential problems which could occur because of off -site consumption, delivery, and sales. Paul then moved to approve a modified version of Ordinance No. 16, Series of 1996, excluding the CC1 zone district from the ordinance. Sybill seconded the motion. Mike Jewett then asked if CCII would then be discussed separately at a later time and Mayor Armour explained that the intent was to not allow brew pubs in the CC1 zone district at all. A vote was taken and passed 4-3, Rob Ford, Bob Armour, and Kevin Foley voting in opposition. Fifth on the agenda was Resolution No. 16, Series of 1996, a resolution determining the necessity of, a&authorizing the acquisition of an easement for street and sidewalk use on land owned by the Lodge a onshead by either negotiation or condemnation for Town public purposes. Mayor Armour read the title in full. Town Attorney Tom Moorhead presented the item, and provided the following background: The Town of Vail had recently opened bids for a street project to take place in the area of the Town of Vail Library and Dobson Arena. Th a street project would require a temporary construction easement and a permanent street easement on property that is owned by the Lodge at Lionshead, Tom said. The Town of Vail had been involved in negotiations with the Lodge at Lionshead through its Property Manager, Jeff Bailey, and that an appraisal of the fair market value was being completed by Shields Appraisal Services. He said the town planned to enter into an agreement for immediate possession at which time the fair market value as determined by Shields would be tendered to the Lodge at Lionshead in exchange for immediate possession. It would then be incumbent upon the association to acquire the agreement of its unit owners as to the fair market value of the easements in question. In the event that such approval is not forthcoming, it may become necessary to file an action in the Eagle County District Court for a final determination as to the fair market value. Staffs recommendation was for approval of Resolution No. 16, Series. of 1996. dMGrafel spoke regarding the necessity of the easement, its use for public purpose, and said it was ential to complete the project. Tom presented a color coded map depicting the temporary and permanent easement sites, which Larry reviewed with Council members. Rob Ford moved to approve Resolution No. 16, Series of 1996, with a second from Paul Johnston. Kevin Foley thanked Suzanne Silverthorne for sending out a media release informing the public of upcoming construction projects. A vote was then taken and passed unanimously, 7-0. Agenda item number six was Resolution No. 17, Series of 1996, a resolution determining the necessity of, and authorizing the acquisition of an easement for street and sidewalk use on land owned by the Vail das Shone Condominium Association by either negotiation or condemnation for Town public purposes. Mayor Armour read the title in full. Larry Grafel presented the item and stated it was necessary to acquire a temporary construction easement and a perpetual nonexclusive access easement over property which was owned by the Vail das Shone Condominium Association for access to the development and improvements taking place on Vail Commons. An appraisal of the fair market value of the easements was being completed by Shields Appraisal Services. The fair market value of the easements would be tendered to the association in exchange for immediate possession of the property involved in the easements. Negotiations between various affected entities including WestStar Bank, a Snt of Vail das Shone, had been productive and Larry said he anticipated such negotiations would t in agreements for immediate possession. In the event Vail das Shone Condominium Association was unable to receive the approval of all the unit owners, it might be necessary to file an action in the Eagle County District Court for a final determination on the fair market value. The staff recommended Vail Town Council Evening Meeting Minutes September 3, 1996 Council adopt Resolution No. 17, Series of 1996. Town Manager Bob McLaurin explained the easement would provide interior circulation to the project. Sybil] then moved to approve Resolution No. 17, Series of 1996 and Ludwig Kurz seconded the motion. A vote was taken and passed 6-0-1, Mike Jewett abstaining. A nda item number seven, was Resolution No. 18, Series of 1996, a resolution determining the rssity of, and authorizing the acquisition of an easement for street and sidewalk use on land owned by the Vail Golf Course Townhomes Phase I by either negotiation or condemnation for Town public purposes. Agenda item number eight was Resolution No. 19, Series of 1996, a resolution determining the necessity of, and authorizing the acquisition of an easement for street and sidewalk use on land owned by the Vail Golf Course Townhomes Phase II by either negotiation or condemnation for Town public purposes. Agenda item number nine was Resolution No. 20, Series of 1996, a resolution determining the necessity of, and authorizing the acquisition of an easement for street and sidewalk use on land owned by the Fallridge Recreational Facilities by either negotiation or condemnation for Town public purposes. Resolution Nos. 18, 19, and 20, Series of 1996, were then considered simultaneously. Mayor Armour read the titles in full and Larry Grafel reviewed a diagram depicting the easements which would give right of way for the road itself, and stated such easements were required to complete the project, a housekeeping item, he said. Rob Ford moved to approve Resolution Nos. 18, 19, and 20, Series of 1996, and Sybill seconded the on. A vote was then taken and passed unanimously, 7-0. Tenth on the agenda was a report from the Town Manager. Bob McLaurin stated he had nothing to add to his memorandum. Larry Grafel then described improvements scheduled to begin later in the week near the library and the ice arena. Improvements were to include adjustments on rock walls in front of the arena, repaving, widening the chute to create a sidewalk, drainage improvements, installation of a hydronic snow melt system, and landscaping. Council was then asked by Town Manager, Bob McLaurin to authorize a transfer of funds from the East Lionshead Bus Stop project to complete the $452,000 project. Sybill moved to approve the fund transfer as requested, and Ludwig seconded the motion. Kevin Foley confirmed three large trees were to remain and that a rock wall would be built around them. Mayor Bob Armour advised Council members review and be aware of the Blue Ribbon Panel Report, a panel appointed by the Governor which identifies the long term transportation needs for the state. There being no further business a motion was made for adjournment and the meeting was adjourned at approximately 8:30 p.m. *blic service announcement was then made and Council members reminded the Channel 5 viewing audience of the upcoming activities associated with the Vail Tomorrow project. Respectfully submitted, J I RoPertW.rmour, Mayor ATT ST: Holly McCutcheon, Town Clerk Minutes taken by Holly McCutcheon (*Names of certain individuals who gave public input may be inaccurate.) r� u Vail Town Council Evening Meeting Minutes Septembar3,1996