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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. 0 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 C� none, the second item on the agenda is the Consent Agenda C� • 0