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MINUTES REVISED 03-04-97
VAIL TOWN COUNCIL MEETING
February 4, 1997
'7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, February 4, 1997, in the Council Chambers of the
Vaeanicipal 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
Rob Ford
Michael Jewett
Paul Johnston
MEMBERS ABSENT: Ludwig Kurz
TOWN OFFICIALS PRESENT: Pam Brandmeyer, Acting Town Manager
Tom Moorhead, Town Attorney
Holly McCutcheon, Town Clerk
The first item on the agenda was Citizen Participation. There was no Citizen Participation.
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 January 7 and 21, 1997.
B. Ordinance No. 1, Series of 1997, second reading of an ordinance requesting to amend Sections 18.27.030,
18.29.030, and 18.30.030 of the Zoning Code to allow van storage/transportation related businesses in the
Commercial Core 3, Arterial Business, and Heavy Service Zone Districts as a conditional use and add
Sections 18.04.415 and 18.04.385 providing definitions for vehicle storage yard and transportation business.
C. Ordinance No. 3, Series of 1997, second reading of an ordinance repealing and reenacting the Investment
Policy set forth in Chapter 3.52 of the Municipal Code of the Town of Vail.
D. Resolution No. 2, Series of 1997, a resolution designating additional signers Patricia Corbitt and Gwen
Thomas and removing Russ Johnson and Walter Ingram on an imprest checking account for Library deposit
transactions for the Town of Vail, permitted by the Charter of the Town, its Ordinances, and the Statutes of
the State of Colorado.
Mayor Armour read the Consent Agenda in full. Sybill Navas moved to approve the Consent Agenda and Paul
Johnston seconded the motion. A vote was taken and passed unanimously, 6-0.
Third on the agenda was Ordinance No. 2, Series of 1997, first reading of an ordinance creating Special
Development District No. 34 in accordance with Chapter 18.40 of the Town of Vail Municipal Code; and setting forth,
details in regard thereto. Mayor Armour read the title in full. Town of Vail Planner Dominic Mauriello explained the
request and provided the following background:
The applicants, Jim and Ronna Flaum are proposing to establish a SDD (with Residential Cluster as the underlying
zon g) on the subject property in order to allow a modification of the Eagle County -approved Planned Unit
D4pment (PUD). The site is proposed to be subdivided into three single-family lots. The property is currently
vac nt and is comprised of two duplex lots.
The property is zoned Residential Cluster (RC). However, when the property was annexed to the Town of Vail, that
annexation recognized the Eagle County -approved development plan for the property (a Planned Unit Development)
per Ordinance No. 13, Series of 1981. The PUD for Lots 3 and 4 is specific. The county approval allows a duplex
on each lot (a total of 4 units) and requires a parking structure for all of the parking on -site. The approval allows each
dwelling unit a maximum of 2,200 sq. ft. of GRFA (8,800 sq. ft. total for both lots).
The PEC, at its January 13, 1997 meeting, recommended approval (unanimously) subject to 8 conditions listed in
the memo, and the following additional condition was also added:
9) One Employee Housing Unit (EHU, Type II) is required for the entire development which must be provided
prior to, or in conjunction with, the Building Permit for the third dwelling unit constructed on -site. Five hundred
(500) sq. ft. of additional GRFA shall be allowed for the construction of an EHU on each lot.
Staff recommendation was for approval of Ordinance No. 2, Series of 1997 and SDD No. 34 on first reading.
Dominic explained that based on the plan and density changes for the project, staff felt the SDD process would be
the most effective way to facilitate the changes. Dominic also stated that the Applicant had agreed as a part of the
to mitigate for large trees, (40) that could be mitigated. Council asked that be listed as an additional condition
vmmn the ordinance. Also Council requested clarification as to the 20' distance between building envelopes, and
pointed out that the memorandum stated 10'. The applicant, Jim Flaum, said he understood the distance was 20'.
Kevin Foley asked about the possibility of building an EHU on each lot, and Mr. Flaum stated that there would be an
EHU on Lot A, which would be their personal home.
Dominic clarified that the tree mitigation issue had been included on the plans as a note.
Vail Town Council Ewr ing Meedng Min Wes FON&y 4.1997
�A motion was then made by Rob Ford to approve Ordinance No. 2, Series of 1997 on first reading. Paul Johnston
seconded the motion. Sybill Navas suggested the project be required to install bear -proof trash containers as an
additional condition of approval. The motion was amended to include the additional condition. In response to a
' question from Mike Jewett, Town of Vail Environmental Health Officer, Russell Forrest explained the design• of the
container and stated the cost was approximately $500 per unit for a 90 gallon container. Rob Ford then withdrew
his motion, amending it for approval of Ordinance 2 without the recommended bear -proof trash container condition.
Pa hnston seconded the motion. Russell Forrest was asked to provide further information regarding bear -proof
traontainers, design, installation and cost. Paul Johnston stated he would like to see legislation requiring new
residential developments to install bear -proof trash receptacles. A vote was then taken and passed unanimously,
6-0.
Fourth on the agenda was a presentation of the Town of Vail/U.S. Forest Service Land Exchange. The presentation
was presented by the Town's very own Environmental Health Officer extraordinaire, Russell Forrest. Council
members were asked to determine which properties should be included in the exchange agreement with the Forest
Service based on the approved appraisal. Several alternative configurations of what properties could be included in
the exchange were reviewed in detail. Staff recommended that 2 or more properties be eliminated (i.e. properties
that the Town would accept from the Forest Service) in order to more equalize the values of the exchange.
Russell reviewed the history and explained that the goals of the proposed land exchanges were to: remove USFS
lands from within the Town boundaries; reduce the risk of private land exchanges; address private and public
encroachments; reduce the number of USFS special use permits; and to create an open space buffer around the
Town of Vail.
Russell then summarized that the exchange would: resolve private public encroachments on USFS lands; increase
open space inventory by approximately 74 acres; obtain 3 potential housing sites (6.5 acres - the Red Sandstone
development); remove USFS lands from within the town limits; reduce USFS Special Use Permits; provide legal
a s for Rockledge and Ptarmigan; allow for construction of a new water tank in East Vail; increase private frontage
owest system lands by a net 3,131 (352%) linear feet in West Vail.
Russell said the proposed exchange called for the Town of Vail to convey 4 properties totaling 77 acres to the USFS,
the largest being the Trappers Run parcel, and the USFS with a total of 82 acres available to transfer to the Town
of Vail. The difference in acreage and appraisal values needed to match more closely, Russell said. He then
presented an appraisal of alternatives. Once an alternative had been selected, he explained, next steps would be
taken as follows:
Feb. 4 Afternoon work session to review and approve/disapprove of the final appraisal by motion.
Evening meeting to determine what properties should be included in the exchange.
Feb. 11 Afternoon work session to review the draft exchange agreement.
Feb. 19 Evening meeting to consider a resolution to direct the Town Manager to sign the exchange agreement
and to consider the first reading of an ordinance that would authorize conveyance of the Town owned
land in the exchange to the U.S. Forest Service.
Mar. 4 Evening meeting to consider second reading of the ordinance.
Other actions required after the exchange include:
• Annexation/De-annexation hearings, and
• Zoning Hearings.
�r Armour then invited the public to share their comments. Long time West Vail resident, Byron Brown said he
IivRadjaoent to the S14 site, a USFS owned property included in the proposed exchange. He cautioned Council on
the land exchange in his area and discouraged any possible future development of the site. He expressed his
concern about the lack of water in the neighborhood. He then asked Council for an indemnification ensuring the site
next to his property would be turned into a pocket park. If Council was not willing to provide the indemnification, he
said the S13 and S14 parcels should be excluded from the exchange and remain under the ownership of the USFS.
Next, Ernest Glatzle, also a West Vail resident, spoke about the severe traffic problem that already exists on Garmish
Drive. He stated that 17 lots still remained undeveloped on Garmish Drive, and that the S13 parcel should remain
open space.
Another resident of West Vail then addressed Council. Karen Scheiddeger expressed her concern about excessive
traffic, and said she would like to see the Town obtain the lots with the stipulation that they remain open space.
Russell explained that should the land exchange take place, any USFS properties transferred to the Town would have
to be placed into a zone district, which would be decided upon by Council at a later date.
Rob Ford reiterated, stating that the process was multi -faceted. He reminded those present that the focus of Council
at this time was to decide whether or not the Town of Vail should acquire the parcels and nothing further.
ftl Johnston and Sybill Navas were in favor of Alternative 1, noting that right-of-way properties were'nt as valuable
.RWther properties contained in the first alternative. Mayor Armour stated he preferred Alternative 2, as did
Councilmen Ford and Foley. Rob Ford noted that any USFS owned lands that were not included as a part of the
exchange to the town would have to be de -annexed. Mike Jewett was undecided as to which alternative he
preferred.
Rob Ford then moved to approve the land exchange as set forth in Alternative 2, assuming the dollar figures
Vail Town Council Evening Meeting Minutes Febmary 4, 1997
remained as reviewed. Kevin Foley seconded the motion. A vote was taken and passed, 4-2, Paul Johnston Sybill
Navas voting in opposition.
A motion was then made for adjournment by Paul Johnston and seconded by Kevin Foley. There being no further
business, the meeting was adjourned at approximately 8:55 p.m.
i
ATTEST:
Holly McCutcheon, Town Clerk
Respectfully submitted,
��, �IL2,6�,e�-:2 Z-1- LJ
iII Navas, Mayor P "tem
Minutes taken by Holly McCutcheon
(*Names of certain individuals who gave public input nay be inaccurate.)
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C, J
Vail Town C—cil Evening Meeting Minute February 4, 1997
it
#WN OF VAIL
South Frontage Road
Colorado 81657
970-479-2100
FAX 970-479-2157
MEDIA ADVISORY
February 5, 1997
Contact: Suzanne Silverthorn, 479-2115
Community Information Office
VAIL TOWN COUNCIL HIGHLIGHTS FOR FEBRUARY 4
Work Session Briefs
Council members present: Armour, Foley, Ford, Jewett, Johnston, Navas
--Site Visit and Discussion of Flaum SDD
•In preparation for the evening meeting, the Council visited the site of a proposed
Special Development District which would allow for property on Buffehr Creek Road to
be subdivided into three single-family lots. The property is currently vacant and is
comprised of two duplex lots. For details, see evening meeting briefs.
--Request by Vail Village Commercial Property Owner's Association
Representing the newly -formed Vail Village Commercial Property Owner's Association,
Rod Slifer asked Council members to consider three requests: 1) to provide free
parking in the Village structure from 3 p.m. to 7 a.m. for the remainder of the ski season
(to be actively marketed by the membership); 2) to proceed with heating and paving of
Bridge Street and portions of Gore Creek Drive and Hansen Ranch Road; and 3) to
consider placement of a 10th Mountain Division soldier in Seibert Circle as part of the
Art in Public Places project. Fallowing Slifer's presentation, other members of the
audience, including Joe Staufer and Jack Curtin, told of the need to stimulate business
in the Village and to regain Vail's competitive edge. The free parking proposal, they
said, would provide a tool to bring people back to town, while heated pavers would
provide a long overdue improvement to the public areas. Staufer also expressed
concerns that Adventure Ridge, the mountaintop operation managed by Vail
• Associates, was jeopardizing the community's ability to stimulate sales tax collections
(mountain operations are exempt from the town's sales tax). Also appearing before
the Council was Stan Cope, a member of the Vail Tomorrow Building Community team,
who said the free parking offer would help make Vail the "friendly" place it used to be.
The speakers acknowledged the town's current program of free three hour parking
upon entry into the structures between 6 and 9 p.m. has not been effectively marketed.
Other speakers on the topic included: Pepi Gramshammer, who asked, among other
things, that a statue of Pete Seibert be placed in Seibert Circle, calling the 10th
Mountain Division soldier concept inappropriate for Vail; Ron Riley, who suggested
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TOV Council Highlights/Add 1
creating "hassle free" programs such as valet parking to attract customers; Jim Lamont,
who predicted that free parking after 3 p.m. would not only revive business, but would
help retain quality employees who work in Vail; and Pepi Langegger and Hermann
Staufer, who both suggested the community pull together to work collectively on the
commerce issue.
In response to the Seibert Circle art piece request, Nancy Sweeney, Art In Public
Places (AIPP) coordinator, said the group learned early on in the process that Pete
Seibert didn't want the artwork to reflect his likeness. Seibert simply asked that his son
Calvin, an artist from New York, serve on the jury to help select the art work. AIPP
received 700 inquiries and 80 proposals from design teams interested in creating the
art piece. The jury has since narrowed the proposals to 5 semi-finalists. Each will
receive a $2,500 stipend from AIPP to develop their design proposals. The designs will
then be publicly displayed March 20, with recommendations from the AIPP 7-member
jury to follow. In response, George Knox and other members of the audience asked
that the opinions of the surrounding neighborhood be strongly considered during the
selection process. The final selection will rest with the Town Council.
In response to the expanded free parking proposal, Council members said they
understood the issues brought forth by the association, but expressed concern about
how to fund such a program. The town owes $12 million in debt service payments on •
the parking structures between now and the year 2012. Sybill Navas suggested
exploring a program that would reward skiers with free parking if they didn't leave the i
structure until 8 p.m. She also said the Adventure Ridge attraction is an amenity that
helps visitors choose Vail as a destination. Perhaps, she said, the Village and
Lionshead cores need to create more "sizzle" to increase foot traffic. Michael Jewett
said he supported the need to look at creative alternatives, noting that he supported a
reduction in parking rates during the budget process. Paul Johnston said he, too,
would support expanded free parking if the program is shared jointly with the
community and is well thought out. Assistant Town Manager Pam Brandmeyer said
she would be contacting members of the audience to identify the target market for such
a program, Although such a program will not be implemented this season (it takes up to
4 weeks alone to re -program the parking rate computers), Council members agreed to
increase marketing of the current free evening parking program and asked members of
the association to do the same.
--Land Ownership Adjustment Agreement
In preparation for the evening meeting, the Council heard an update on the appraisal
for the Land Ownership Adjustment Agreement between the Town and the U.S. Forest
Service. Town Attorney Tom Moorhead said the Rockledge Road parcel to be acquired •
by the town is continuing to receive attention by the Forest Service, the Town and Vail
Associates. Issues include a request by the Town to reconfigure the property lines and
a request by Vail Associates to add a covenant to the property for snowcat access and
snowmaking. Because the Forest Service appraisal is for the price of a single family lot
($2.4 million), Moorhead said the town's interest is to retain the value of the lot with no
covenants. The town intends to acquire the property and sell it to adjacent property
owners who have encroachments on the property. Following the discussion, the
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TOV Council Highlights/Add 2
r! Council voted 6-0 to approve a motion to accept the final appraisal for the properties to
' be included in the exchange. For additional details, please see evening meeting briefs.
--Review Public Process for Public Works Seasonal Housing
The Council approved components of a public process for design and construction of
seasonal housing at the Public Works site north of the golf course. A
problem/opportunity statement and a list of seven givens were approved to provide a
framework for the process. The givens, as approved, are:
1. Seasonal housing will be built on the Public Works site to fulfill a requirement of the
Town of Vail Planning and Environmental Commission. A building permit must be
issued by July 31, 1997, to fulfill this requirement.
2. The project is intended to address the housing needs of Town of Vail seasonal
wage earners and other critical governmental employees.
3. Given that employee housing is one of the top priorities of the community and that
availability of land is one of the most significant constraints to the development of
affordable housing, this opportunity will be optimized. Actual density on the site will be
determined through the conditional use process, based on the analysis of site
constraints, the recommendations of staff and the development team, and with input
from the community.
4. Although the existing berm along 1-70 screens much of the Public Works day-to-day
operations, some or all of the housing may be visible above the existing berm after
•construction.
5. All parking for the housing development will be provided on -site.
6. The site is zoned General Use and the proposed housing must be approved as a
Conditional Use by the Planning and Environmental Commission. The Design Review
Board must approve the design of the building(s) and the site plan.
7. Use of manufactured housing may be considered as a cost effective alternative for
this site. All construction will be consistent with the Town's Municipal Code and the
Uniform Building Code, including the design review guidelines as enforced by the
Design Review Board.
The public process schedule will include an open house for the community on Feb. 17
to review two conceptual design alternatives by the design -build team of Mark
Donaldson and Viele Construction. The schedule also includes a work session with the
Town Council and public meetings with the Planning and Environmental Commission
and Design Review Board. If the project is approved, construction could begin in June
with occupancy by Dec. 1. For additional details, contact Andy Knudtsen in the
• Community Development Department at 479-2440.
--Review and Discussion of Vail Recreation District Master Plan, 1997-1999
Council members shared their comments on the Vail Recreation District Master Plan.
The comments will be forwarded to the VRD by Council members Rob Ford and Kevin
Foley.
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TOV Council Highlights/Add 3
--Information Update
Council members received the following information: .
• The town's proposed consulting contact with Design Workshop, Inc. for the
Lionshead redevelopment master planning process will be added to the Council
packet Feb. 7 for review. The Council will be asked to authorize the town
manager to sign the contract.
• A presentation on the Gross Residential Floor Area (GRFA) study will be
presented to the Planning and Environmental Commission on Monday, Feb. 17.
• Final sales tax collections for 1996 show collections totaling $13.7 million, up 5.2
percent from 1995 collections.
• A discussion on Vail Village Club construction compliance has been scheduled
for the Feb. 11 work session.
• Beginning Thursday, Vail Associates will begin providing transportation between
Vail and Breckenridge. The cost is $5 round trip with loading and unloading
occurring at Lion Square Lodge.
--Council Reports
Rob Ford distributed results of a patron survey developed by the Bravo! Colorado
Music Festival. Ford, noting that Bravo will be experiencing changes in its leadership
soon, suggested the town may need to take a proactive stance in retaining Bravo's .
presence in Vail.
Kevin Foley said the Art In Public Places Board will hold a meeting on Thursday. •
--Other
Following a recommendation from Town Attorney Tom Moorhead, the Council voted 6-0
to approve a motion waiving any potential conflicts associated with Attorney Barney
White's continued representation of Lodge Tower. White had previously represented
both the Town and Lodge Tower in litigation on the exchange parcel. White will now
represent Lodge Tower independently.
Moorhead also said a decision by Judge Jones is expected at the end of February
following a two-day trial in Eagle County District Court last week over the Lodge Tower
expansion.
Kevin Foley noted the recent letter to the editor criticizing in -town bus service. He said
he talked with Mike Rose, transit manger, who said changes are already underway to
improve service. Those changes include adding more buses and more shifts to the in -
town route, and increased checks and balances to time the routes and improve spacing 01
of the buses.
Noting the ease with which the Vail Village Commercial Property Owners Association
was able to be placed on the Council's agenda, Foley said he was interested in making
sure the Council's agenda process allowed other groups or individuals to have the
same ability to be heard. That led to a discussion of the need for additional orientation
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TOV Council Highlights/Add 4
• for incoming Council members and possibly adoption of a code of conduct for Council
members that would address communications channels and other protocol issues.
Town Attorney Tom Moorhead agreed to research the issue.
Bob Armour announced a Colorado Association of Ski Towns meeting scheduled for
March 18. Because that would conflict with the Council's regular evening meeting, the
Council agreed to explore options at an upcoming session.
Also yesterday, Council members asked Moorhead to draft an ordinance on proof of
automobile insurance that would allow violators to be prosecuted in municipal court
rather than county court.
Evening Session Briefs
Council members present: Armour, Foley, Ford, Jewett, Johnston, Navas
--Citizen Participation
There was no citizen participation.
--Consent Agenda
The Council voted 6-0 to approve four items on the consent agenda, including second
reading of an ordinance to allow van storage/transportation related businesses in
• designated zone districts.
--Flaum Special Development District
The Council voted 6-0 to approve first reading of an ordinance creating a Special
Development District for property owned by Jim and Ronna Flaum. The SDD will allow
the site, currently consisting of two duplex lots, to be subdivided into three single-family
lots. In granting approval, with 9 conditions added by the Planning and Environmental
Commission, the Council also supported the additional condition that one employee
housing unit be required for the property. Also during discussion, Council member
Sybill Navas suggested bear proof trash containers be added to the approval. Council
members will consider the bear proof container issue upon second reading of the
ordinance. Also last night, Councilman Paul Johnston wondered if the town should
create a policy requiring all new homes to provide bear proof trash containers. For
additional information on the SDD, contact Dominic Mauriello in the Community
Development Department at 479-2148.
--Land Ownership Adjustment Agreement
The Council voted 4-2 (Navas, Johnston against) to approve an alternate list of
properties to be included in the Land Ownership Adjustment Agreement between the
town and the U.S. Forest Service. Originally, the town was hoping to acquire 14
like -valued properties totaling 77 acres from the Forest Service in exchange for 4 Town
of Vail properties totaling 82 acres. But because of a $1 million difference in the
• appraised value of the proposed land exchange (with the town's acquisition totaling
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TOV Council Highlights/Add 5
$5.5 million compared to $4.5 million for the U.S. Forest Service), the town is now
faced with eliminating two or more of its selected properties to create a balanced
exchange. During discussion, Russell Forrest, the town's project manager, presented
two alternatives. One would eliminate three parcels, while maintaining the two West
Vail parcels which have drawn neighborhood opposition. The other would eliminate
three parcels, including one of the West Vail parcels. During discussion, the Council
heard from three West Vail residents who opposed inclusion of both West Vail parcels
(citing traffic concerns) unless the town guarantees the land will be preserved as open
space.
Council members indicated a separate process would be needed if the town wanted to
develop the properties for a park or affordable housing. In the end, a Council majority
voted to support the option that would eliminate the Garmish site in West Vail while
retaining the second West Vail parcel near the Town Manager's house, elimination of
parcel H in East Vail, as well as 1-70 right of way west of Bighorn Creek. Next steps
include a Feb. 11 work session to review a draft exchange agreement; an evening
meeting on Feb. 18 to consider a resolution to direct the town manager to sign the
exchange agreement and to consider first reading of an ordinance that would provide
the authority to convey the town -owned land in the exchange to the Forest Service; and
an evening meeting on March 4 to consider second reading of the ordinance. Other •
actions that would be required after the exchange include annexation/de-annexation
hearings and zoning hearings. For more information, contact Forrest in the Community •
Development Department at 479-2146.
UPCOMING DISCUSSION TOPICS
February 11 Work Session
Georgie Manzanares 10 Year Anniversary
PEC/DRB Review
Contract Review for Public Works Seasonal Housing
Discussion of Design Workshop Contract Agreement for Lionshead Master Planning
Review Draft Land Ownership Adjustment Agreement
Vail Village Club Construction Compliance Review
Update of Current Progress of PEC Review of GRFA Study
February 18 Work Session
Discussion of Ford Park Management Plan
Site Visit and Discussion of Ordinance No. 4, SDD Austria Haus .
Discussion of the Density for the Public Works Seasonal Housing Development
February 18 Evening Meeting
First Reading, Ordinance No. 4, SDD Austria Haus
Second Reading, Ordinance No. 2, SDD Fiaum .
Resolution to Execute Land Ownership Adjustment Agreement
Presentation of Ford Park Management Plan
0 HDffK SESSION MINUTES
Tuesday, February 4, 1997
1:00 P.M.
Town of Vail Council Chambers
What follows will reflect motions and actions taken by the Vail Town Council at their regular
work session on February 4, 1997. All members were present except Ludwig Kurz.
Item No. 3 - Town of Vai1/USFS appraisal for the land exchange.
The Town Council reviewed the final appraisal for the land exchange and approved the
appraisal through a motion by Rob Ford, second from Paul Johnston. A vote was taken
and it was unanimously approved, 6-0.
2. Item No. 8 - Other. A request from Tom Moorhead.
Paul Johnston moved to waive any conflict of interest that might arise from Barney
White's past joint representation of the Town of Vail and the Lodge Tower which would
then allow Mr. White to continue individual representation of the Lodge Tower. There
was a second from Kevin Foley. A vote was taken and the motion passed 5-0 (Sybill
Navas absent from the vote).
so
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