HomeMy WebLinkAbout1996-04-02 Town Council MinutesMINUTES
VAIL TOWN COUNCIL MEETING
April 2, 1996
7:30 P.M.
• A regular meeting of the Vail Town Council was held on Tuesday, April 2, 1996, in the Council
Chambers of the Vail Municipal Building. The meeting was called to order at approximately 7:30
P.M.
MEMBERS PRESENT: Robert W. Armour, Mayor
Sybill Navas, Mayor Pro-Tem
Kevin Foley
Mike Jewett
Ludwig Kurz
MEMBERS ABSENT: Rob Ford
Paul Johnston
TOWN OFFICIALS PRESENT: Bob McLaurin, Town Manager
Tom Moorhead, Town Attorney
Pamela A. Brandmeyer, Assistant Town Manager
Holly L. McCutcheon, Town Clerk
The first item on the agenda was Citizen Participation. Rod Goebel of Colorado Carriage
Company presented his concerns relating to his contract to provide carriage service in the
Town, due to expire May 31, 1996, and the Town's recent Request for Proposal ("RFP")
to provide an exclusive contract to one carriage operator in Vail, as opposed to two which
were currently operating. Mr. Goebel presented his qualifications and informed council
members of his safe record. Mayor Bob Armour reminded Mr. Goebel his contract stated
that upon termination the Town would proceed with the RFP process. Bob then thanked
Mr. Goebel for his input and recommended he submit an RFP.
Next under Citizen Participation council member, Michael Jewett, addressed his fellow
Council members from behind the podium, and presented a message from Common
Sense for the Commons, Inc., informing Council of their intent to take the Vail Commons
project to court immediately pending further fundraising to cover legal fees. He told council
members to watch for ads in the newspaper, and stated he had recently accepted the duty
of managing the Common Sense for the Commons.
Item number two on the agenda was the Consent Agenda which consisted of the following items:
• A. Approval of the Minutes for the meetings of March 5 and 19, 1996.
B. Ordinance No. 10, Series of 1996, second reading of an ordinance amending
Section 2.24.020, Members -Appointments -Terms of the Planning and
Environmental Commission; Section 2.26.020 Arts Board -Appointment;
Section 2.26,030 Members -Appointments -Terms of Town of Vail Arts Board;
and Section 18.54.020(b) Board Organization.
Mayor Armour read the Consent Agenda in full and Kevin Foley moved to approve item A.
on the consent Agenda, with a second from Ludwig Kurz. A vote was taken and passed
unanimously, 5-0.
A motion was then made by Sybill Navas to approve item B. on the Consent Agenda.
Kevin seconded the motion, a vote was taken and passed unanimously, 5-0.
Third on the agenda was Proclamation No. 2, Series of 1996, Take Our Daughters to Work
Day. Mayor Armour read the proclamation in full and a motion was made by Ludwig to
approve Proclamation No. 2, with a second from Mike Jewett. A vote was taken and
• passed unanimously, 5-0. Mayor Armour then stressed the importance of Take Our
Daughters to Work Day and encouraged all to do so.
Vail Town Council Evening Meeting Minutes April 2, 1996
The fourth item on the agenda was a Presentation of Certificates of Appreciation to the
following individuals for their service on various Town of Vail Boards and Commissions:
• Jen Wright, Housing Authority
Jeff Bowen, Planning & Environmental Commission
Dalton Williams, Planning & Environmental Commission
Bob Armour, Planning & Environmental Commission
Hans Woldrich, Design Review Board
Bob Borne, Design Review Board
Nancy Rondeau, Art In Public Places Board
Mayor Armour distributed certificates and personally thanked those in attendance for their
dedication and work. Those not in attendance were Jen Wright, Jeff Bowen and Hans
Woldrich.
The fifth item on the agenda was Ordinance No. 5, Series of 1996, first reading of an
ordinance repealing and reenacting Chapter 15.02; adopting by reference the 1994 edition
of the Uniform Plumbing Code and the 1996 edition of the National Electric Code;
setting forth certain amendments to the National Electric Code and setting forth details in
regard thereto. Mayor Armour read the title in full. Dan Stanek presented the item, stating
the plumbing and electric codes should be adopted by reference so that the Town of Vail
• would be enforcing the most recent standards of the industry.
Kevin moved to approve Ordinance No. 5, with a second from Sybill. A vote was taken and
passed unanimously, 5-0.
Sixth on the agenda was Ordinance No. 11, Series of 1996, first reading of an ordinance
amending Ordinance No. 19, Series of 1995 as to a portion of Tract B, Vail/Lionshead,
Second Filing shown as Property No. 38 on Exhibit A to Ordinance No. 19, Series of 1995
and Tract B, Vail/Lionshead, Third Filing shown as Property No. 44 on Exhibit A to
Ordinance 19, Series of 1995. Mayor Armour read the title in full and Town Attorney, Tom
Moorhead presented the issue, providing the following background: subsequent to the
passing of Ordinance No. 19, Series of 1995, it had been brought to the attention of the
Town of Vail staff that a portion of Tract B, Vail/Lionshead, Second Filing and Tract B,
Vail/Lionshead, Third Filing that was rezoned to Natural Area Preservation District from
Agriculture Open Space was improperly listed in Ordinance No. 19 and on the public notice
as being owned by the Town of Vail. 1n proceeding with the project to replace the
Lionshead Gondola with a new gondola it was discovered that an area where it is
• necessary to place a tower to support the gondola had been listed as property owned by
the Town of Vail in the zoning amendment when in fact the public records of the Clerk and
Recorder and a title report of Land Title Guaranty Company show that the property was
owned by the Vail Corporation which is also known as Vail Associates, Inc. Since the
property owner was improperly listed, the notice of public hearing was insufficient to
advise Vail Associates that its right may be affected by the ordinance. Since the Town
must strictly comply with provisions for notice in connection with a zoning ordinance
amendment, that portion of the ordinance which rezoned the property in question was
invalid. The purpose of the proposed ordinance was to correct that invalidity and to
property reflect the zoning designation as Agriculture Open Space which applied to the
property prior to the passage of the zoning amendment.
Sybil[ moved to approve the ordinance, and the motion was seconded by Ludwig. A vote
was taken and approved unanimously, 5-0.
Item number seven on the agenda was Ordinance No. 9, Series of 1996, second reading
of an Ordinance Amending Title 16 (Sign Code) and Title 18, Chapter 18.54 (Design
Review Guidelines) of the Vail Municipal Code. Bob Armour read the title in full. Town
• Planner, Mike Mollica, presented the item and provided the following background: A
Technical Advisory Committee was formed to guide staff in the formulation of amendments
to the Sign Code and Design Review Guidelines that will expedite the development review
process for items of minimal complexity. The proposed amendments had been reviewed
Vail Tow Council Evening Meeting Minutes Apil 2, 1996
by the DRB and the PEC, and included the recommendations of Staff, the TAC, the DRB
and the PEC. The PEC unanimously (7-0) recommended that the Town Council approve
Ordinance No. 9 at their meeting on March 11, 1996. Staff recommends approval of
Ordinance No. 9, Series of 1996 on second reading.
Sybill moved to approve Ordinance 9, and the motion was seconded by Ludwig. A vote
was then taken and passed unanimously, 5-0.
Eighth on the agenda was Ordinance No. 8, Series of 1996, second reading of an
ordinance repealing and reenacting Ordinance No. 7, Series of 1994, to allow for the
construction of a Type III Employee Housing Unit in the Cornice Building; to amend the
development plans for Special Development District No. 32 in accordance with Chapter
18.40 of the Town of Vail Municipal Code; and setting forth details in regard thereto.
Council members acknowledged the applicant's request to table the item for thirty days.
Sybill moved to table the item until the May 7 evening meeting and Kevin seconded the
motion. At that time a vote was taken and passed unanimously, 5-0.
The last item on the agenda was a report from the Town Manager. Bob McLaurin updated
council members on the status of the Dowd Junction Recreation Trail and proposed three
phases for the project. After reviewing the proposed "phase two" which would include
• construction of a 14 foot wide platform, Ludwig moved to authorize the Town Manager to
enter into negotiations for a contract to construct the Dowd Junction Recreation Trail
connection without submitting it for bid. The motion was seconded by Kevin and a vote was
taken which passed unanimously, 5-0.
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Bob McLaurin then informed Council of the Colorado Department of Transportation
construction of a new chain -up area on 1-70 eastbound adjacent to the Vail Golf Course
due to be completed in the fall.
Additionally, Bob McLaurin stated he would not be present at the April 16 council meetings
as he was scheduled to attend a cast meeting with legislators.
Kevin wished Tom Moorhead good luck in his participation in the Boston Marathon on April
15.
There being no further business a motion was made for adjournment and the meeting was
adjourned at approximately 8:25 p.m.
Respectf ly submitted,
Ro ert W. Armour, Mayor
ATTEST:
Holly McCutcheon, Town Clerk
Minutes taken by Holly McCutcheon
('Names of certain Individuals who gave public input maybe inaccurate.)
Vail Town Council Evening Meeting Minutes April 2, 1996
Transcription of TC Evening Meeting 04.02.96
Item No. 1, Citizen Participation
Armour Is there any other Citizen's Participation?
Jewett Good evening Council.
Armour You are...
Jewett Michael Jewett.
Armour Thank you.
Jewett This is a message from Common Sense for the Commons, Inc. In 1993
the Vail Commons property was purchased by a resolution and dedicated
and held in public trust as open space, parks or other purposes.
Common Sense for the Commons, Inc. firmly believes that the grocery
store/retail project does not meet this criteria. We are immediately
continuing fund raising efforts to raise the necessary monies needed to
take this case to court and allow a judge an opportunity to rule on this
• issue and in addition to open space, parks and other purposes we're
looking at whether the Town acted properly within its own procedural
constraints; whether the Town acted properly within the powers granted
and the limitations existing within its own charter and ordinance; whether
the transaction was done in accordance with the limitations of the original
acquisition; whether the Town Charter and ordinance provision
authorizing the transaction were, in fact, invalid with specific reference to
Article XX, Article IX, Section 1 & 2 of the Colorado Constitution; and
whether the Town might otherwise be limited by the same articles
regardless of the Town's enabling legislation. It is possible that there are
other statutory and constitutional provisions that might effect this
transaction. This is going to cost many thousands of dollars to raise this
issue to the court. We've already been successful with finding some
individuals with seed money. In the event we raise the necessary monies
we will file a lawsuit immediately. At once. Common Sense for the
Commons did everything possible to mitigate damages in 1995 but were
ignored by the Town Council at that time. If we go to court, Common
Sense for the Commons will do everything possible to stop this action by
• the prior Council. Watch the news media for ads that will be breaking
tomorrow. And effective yesterday, the Committee asked me if I would
manage the Common Sense for the Commons and I've accepted that
duty.
Armour Thank you Mr. Jewett. Is there any other Citizen's Participation. Seeing
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none, the second item on the agenda is the Consent Agenda
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