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HomeMy WebLinkAbout1997-10-21 Town Council Minutesy MINUTES VAIL TOWN COUNCIL MEETING TUESDAY, OCTOBER 21, 1997 7:30 P.M. The regular meeting of the Vail Town Council was held on Tuesday, October 21, 1997, at 7:30 P.M. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Sybill Navas, Mayor Pro-Tem Rob Ford Michael Jewett Paul Johnston Kevin Foley Ludwig Kurz MEMBERS ABSENT: Bob Armour, Mayor TOWN OFFICIALS PRESENT: Bob McLaurin, Town Manager Pam Brandmeyer, Assistant Town Manager Tom Moorhead, Town Attorney • The first item on the agenda was Citizen Participation. Jim Lamont, representing the East Village Homeowner's Association, stated they are in favor of the concept of valet parking. However, he expressed that neighborhood property owners have concerns regarding the ability to change or broaden the pickup and drop off areas. Jim urged the Town Council to include a provision in the management agreement to have "bailout" procedures if the valet parking doesn't work and to continue to work on it. Eileen Connors, a resident of Vail, addressed the Council again on environmental issues. She stated she was in front of Council before and has not received any phone calls or response from the Council regarding her concerns. She criticized the Council for not taking a stronger stance on environmental issues. The second item on the agenda was the consent agenda to approve two items. The first is the appointment of the election judges for the Regular Municipal Election to be held Tuesday, November 18, 1997. The appointees as judges are Karen Morter, Jeanne Tilkmeier, Holiday M. Cole and Mary Jo Allen. The next item on the consent agenda was to approve Ordinance No. 18, Series of 1997, second reading of an ordinance Approving the General Planning Document for the 1999 World Alpine Ski Championships, and Setting Forth a Special Review Process to Allow for Staff Approvals for Temporary Signs, Structures, Street Decor, and Other Temporary Improvements for the World Alpine Ski Championships of 1999. Councilmember Rob Ford made a motion to approve both items and the motion was seconded by Councilmember Paul Johnston. A vote was taken and the motion passed unanimously, 6-0. The third item on the agenda was a presentation of the Eagle County Land Use Regulations for the Town Council's information and feedback. Keith Montag, Director of Community Development for Eagle County and Ellie Caryl, Senior Planner for Eagle County, made the presentation. Keith explained the background of the Revised Land Use Regulations and stated he wanted the Council to review and become familiar with the Eagle County Land Use Regulations and give Eagle County feedback on the regulations. He stated that the comment deadline date is November 7, 1997. Keith gave an overview of the contents of the Eagle County Land Use Regulations. Ellie Caryl explained the time line and next steps for the review process. She stated that the County is in the review process of the second draft of the Eagle County Land Use Regulations. After the November 7, 1997 comment deadline, the task force will meet in December, prepare a final draft and make a presentation to the Board of County Commissioners near the end of December 1997. Once the Board of County Commissioners reviews the documents there will be time allowed for a second public review. Keith stated the final draft of the regulations may go to public hearing in January or February of 1998, with adoption of the regulations in early 1998. • Keith thanked the Council for their time and consideration. Councilmembers then asked questions of Keith and Ellie for clarification purposes. Sybil stated the goals are similar to the Town of Vail's goals. The fourth item on the agenda was the first reading of Ordinance No. 19, Series of 1997, first reading of an ordinance amending Section 18.52.160B.(7) Exemptions, under Off -Street Parking and Loading, of the Town of Vail Code. Tom Moorhead, Town Attorney, stated the ordinance was brought to Council to extend the period of time up to ten years within which the payment of a parking fee can be made. The Code presently provides for a five year period of repayment which may not be feasible or adequate at the current level of payment required for parking pay -in -lieu. It is appropriate that any agreement to pay the parking pay -in -lieu fee in the future be secured adequately by both personal and corporate guarantees as well as deeds of trust on the subject property and any other real property that can be offered as security. Tom addressed issues Council raised at a prior meeting. There was much discussion following regarding the Town's position on the collection of pay -in - lieu. Jim Lamont, representing the Vail Village Homeowner's Association, stated he talked to several property owners. They want to have input from a banker and don't feel the Town of Vail has the background available to be bankers, There needs to be clarity regarding parking pay -in -lieu through education. Can property owners get a rebate if parking is provided at a later date. There needs to be well-defined procedures for this issue. Bill Whiteford, representing Gretta Parks, stated there should be a feasible goal so smaller entrepreneurs and business owners can afford the parking pay -in -lieu fees. The ordinance as currently proposed will interfere with business. He suggested this ordinance be tabled. There was additional discussion and the Council requested the staff obtain further information from other government entities and bankers. Councilmember Ludwig Kurz made a motion to table Ordinance No. 19, Series of 1997, and Councilmember Rob Ford seconded the motion. A vote was taken and the motion passed 5-1, with Councilmember Mike Jewett opposed. • The fifth item on the agenda was the first reading of Ordinance No. 20, Series of 1997, first reading of an Annual Appropriation Ordinance: Adopting a Budget and Financial Plan and Making Appropriations to Pay the Costs, Expenses, and Liabilities of the Town of Vail, Colorado, for its Fiscal Year January 1, 1998, Through December 31, 1998, and Providing for the Levy Assessment and Collection of Town Ad Valorem Property Taxes Due for the 1997 Tax Year and Payable in the 1998 Fiscal Year, Bob McLaurin discussed the budget process and what the budget included for 1998. He stated the two-year budget process is working. He stated that the budget is difficult to prepare and gave Steve Thompson credit for putting the budget together. Additional discussion followed regarding the budget for 1998. Steve Thompson stated the wording in Ordinance 20, Series of 1997, Page 2, Section 4, should be changed from "Abatement mill levy" to "Mill levy credit". Councilmember Paul Johnston made a motion to approve Ordinance No. 20, Series of 1997, with Councilmember Ludwig Kurz seconding the motion. A vote was taken and the motion was passed unanimously, 6-0. There was additional discussion regarding the wording change from abatement mill levy to mill levy credit. Councilmember Ludwig Kurz made a motion to revise his motion to include changing the wording in Ordinance No. 20, Series of 1997, Page 2, Section 4, from "Abatement mill levy" to "Mill levy credit", Councilmember Paul Johnston seconded the motion. A vote was taken and . the motion was passed unanimously, 8-0. The sixth item on the agenda was the second reading of Ordinance No. 17, Series of 1997, second reading of an Ordinance to Amend Section 10.08.010, Parking to Obstruct Traffic, and to Enact Section 10.08.130, Parking Emergency, of the Municipal Code of the Town of Vail, Colorado. Tom Moorhead stated the present penalty assessment for all parking violations is $16.00. This fine is inadequate for the Commercial Core and in those circumstances where illegal parking blocks maintenance and snow plowing. By providing different violations for those circumstances, the Municipal Court Judge will have a reasonable basis for providing an enhanced penalty assessment for those aggravated parking violations. Greg Morrison, Police Chief, stated that presently the cost of a parking fine is about the same as one day of parking. This ordinance allows for the Town Manager and the Police Chief to declare emergency areas that would allow for special parking. Councilmember Rob Ford made a motion to approve Ordinance No. 17, Series of 1997, and was seconded by Councilmember Mike Jewett. There was additional discussion regarding what the fees will be and how the public will know what that amount will be. Sybill Navas, Mayor Pro-tem stated that Paragraph 1 b needs clarification. She expressed that the idea is not to hand out more parking tickets but to make it clear that parking is prohibited in certain areas. Tom Moorhead stated a map with the details of where parking is prohibited will be in Town Clerk's office for the public to review and that there will be signs in the areas prohibiting parking Greg Morrison stated public works has improved signs. He also said public works could add a small sign, with the amount of the fine, to signs already there. Jim Lamont, representing the East Village Homeowner's Association, stated more signs at strategic locations should be added and that this ordinance is a good one. Councilmember Ludwig Kurz requested that at the beginning of the ski season the Town publish the map in the newspapers. • Buck Allen, Municipal Judge, stated the cost of the parking fines would increase to $26.00. Tom Moorhead stated the wording for Item No. 1 B, on Page 1, Section 10.08.010 could be amended to read: "B. No person shall park any vehicle upon a street or at any other place within the commercial cores and areas immediately adjacent thereto of this municipality at any place where official signs prohibit or regulate parking or stopping as such areas are depicted on a map maintained in the office of the Town Clerk." Councilmember Rob Ford made a motion to approve Ordinance No. 17, Series of 1997, with the wording change as stated by Tom Moorhead, and was seconded by Councilmember Mike Jewett. A vote was taken and the motion passed unanimously, 6-0. The seventh item on the agenda was the Town Manager Report. Town Manager McLaurin introduced Lorelei Donaldson as the new Town Clerk. He also invited the Council the next CAST meeting. He also explained he had explored the complaints at City Market on the ventilation system issue. The town hired a consultant, Howard McGregor of Engineering Dynamics, to analyze the noise problem. The City Market ventilation system currently complies with the Town noise ordinance. The consultant came up with an alternative plan that costs $10,000 that would bring the noise levels down another 10 decibels. City Market is willing to split the costs, half and half, with the Town. Councilmember MikeJewett stated the Town should not pay any of the costs and that he feels this is a City Market issue. Any business has an obligation to take care of their own problems. • He stated it is inappropriate for the Town to pay. The burden should be with City Market. Tom Moorhead stated the Town is the landowner and that City Market is not in violation of the noise ordinance. There was additional discussion regarding the reduction of the noise levels and how the fee would be paid. Sybill stated she would be inclined to do it, that the Town is the landowner, and the Town is perceived as part of project. Councilmember Rob Ford made motion to use a supplemental appropriation of $5,000 to pay for half of this bill, and was seconded by Councilmember Ludwig Kurz. After more discussion, a vote was taken and the motion was passed 4-2, with Councilmembers Mike Jewett and Kevin Foley opposed. There was a discussion regarding the proposal for loading and delivery. Councilmember Kevin Foley explained Town of Vail employees will be hosting a garage sale to benefit Holly McCutcheon this Saturday, October 25, and all were invited to participate. As there was no further business, the meeting was adjourned at 9:30 P.M. Resp lly submit Rob rt W. Armour Mayor ATTEST: i -X Lorel�i Donaldson Town Clerk • E WORK SESSION MINUTES October 21, 1997 All members were present with the exception of Bob Amour. Item #5: A request from Ron Riley to proceed through the development review proceed through development review process to add an outdoor dining deck on the Town of Vail right-of-way. The applicant is proposing a four and one half wide deck for Russell's restaurant, that would encroach on Bridge Street. An approval would allow the applicant to proceed through the Planning and Environmental Commission review in requesting a conditional use permit for a minor exterior alteration and the Design Review Board would then also review the final design of the project. Rob moved to approve the applicant's request with the second coming from Kevin Foley. A vote was taken and the motion passed 4 - 2, with Sybill Navas and Mike Jewett in opposition, and Bob Armour absent. Item #6: A Council call-up of a Planning and Environmental Commission action, relating to the property located at the Vail Village Club, 333 Bridge Street, Lot C, Block 2, Vail Village First Filing. Tom Moorhead, Town Attorney, made.a complete presentation regarding the October 13, 1997, PEC motion not to hear the appellant's requested appeal. The PEC made the finding of fact that the appeal was not filed in a timely manner. The specific appeal of three staff interpretations were: The staff s classification of a third and fourth floors as "eating and drinking establishments;" 2. Section 18.52.100c, Parking -requirements schedule (eating and drinking establishments) and Section 18.52.160, exemptions (parking pay -in -lieu) - appellant disputes the calculation of the number of parking spaces required; and 3. The requirement that the applicant sign the pay -in -lieu promissory note personally and that a deed of trust be filed on the property. The appellant is Riva Ridge • Partners, LLC - Glenn M. Heelan; Margretta B. Parks. Paul Johnston, upon hearing all the evidence, moved to overturn the PEC's decision not to hear the appellant's requested appeal with a second coming from Kevin Foley. A vote was taken and the motion passed 4 - 2, with Rob Ford and Ludi Kurz in opposition to the motion and Bob Armour absent from the meeting. The vote returned the three • staff interpretations to the Planning and Environmental Commission. Item #7: Under Information Update, Pam Brandmeyer indicated the Vail Valley Foundation had requested permission to print that summer parking was free in conjunction with printing of their brochures and tickets for the summer Bravo! series and dance festival. After a brief discussion, Council indicated it did not want to keep the new Council from making decision independent of all the information that would lead to an appropriate decision and suggested the Foundation move forward with an advisement such as parking available at both the Village and the Lionshead structure. Additionally, following a request from Kevin Foley on behalf of the Vail Recreation District. The Council indicated they felt the World Wide Church of God was still a very viable organization, brought good business to town at a time of year when it was needed, and their intention was to continue their contract in allowing the World Wide Church of God to use days at the Dobson Arena. • C� J