HomeMy WebLinkAbout1998-04-21 Town Council Minutes•VAIL TOWN COUNCIL MEETING -- MINUTES
TUESDAY, APRIL 21, 1998
7:00 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, April 21; 1998, at 7:00 P.M.
in the Council Chambers of the Vail Municipal Building. The meeting was called to order at
approximately 7:00 P.M.
MEMBERS PRESENT:
TOWN OFFICIALS PRESENT:
Rob Ford, Mayor
Ludwig Kurz, Mayor Pro -Tern
Bob Armour
Sybill Navas
Michael Arnett
Michael Jewett
Kevin Foley
Bob McLaurin, Town Manager
Tom Moorhead, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was citizen participation. There was no citizen participation.
The second item on the agenda was first reading of Ordinance No. 6, Series of 1998,
Isamending Title 4, Business and License Regulations to Include Regulations for Garage and
Yard Sales, an Amendment to Title 11, Sign Regulations to Provide for Temporary Signs
Regarding Garage and Yard Sales and Real Estate Open Houses.
Tom Moorhead, Town Attorney, stated the ordinance discusses proposed regulations providing
for garage and yard sales that are appropriate sales of second hand goods as opposed to an
extension of commercial activity inappropriate for residential areas. The Town of Vail Code has
not addressed such sales nor addressed any sales tax consequences for the conduct of such
non-commercial events. Under the ordinance as presented, garage and yard sales would be
exempt from obtaining a business license or paying sales tax, but an exemption form is
required to be filed prior to the sales event. The non-commercial sales would be exempt from
sales tax. One change has been made to the ordinance reducing the total number of garage or
yard sales from nine to six.
The Town Council also directed the Town Attorney to address in the ordinance a provision for
the allowance of temporary signs in residential districts for garage sales, yard sales, and real
estate open houses. A free-standing or wall sign and no more than 1 temporary sign.
Mayor Rob Ford stated this ordinance was created because there were complaints from
citizens of Vail to the Town Council.
Councilmember Bob Armour asked Mayor Rob Ford if the real estate signs in town are larger
than the three square feet signs stated in the ordinance.
0
Mayor Rob Ford stated the signs are bigger.
Tom Moorhead said he would look into the sizes and have the Community Development
Department review this issue also.
Councilmember Sybil[ Navas asked about the length of time an open house sign could be
posted.
Councilmember Mike Jewett asked about allowing signs for secondary roads from a main road
to find the residential sign. He would like to make a motion to have one off -site sign for both the
real estate open house signs and garage sales and limit the time the real estate open house
signs could be posted to the time of the open house.
Councilmember Ludwig Kurz made a motion to approve on first reading Ordinance No. 6,
Series of 1998, with the changes as discussed, Councilmember Mike Jewett seconded the
motion.
Further discussion ensued.
Councilmember Sybill Navas said she would like a limited time be placed on open house signs.
Councilmember Bob Armour stated he also felt that a time limit be placed on the real estate
open house signs.
A vote was taken. The motion passed unanimously, 7-0.
• The third item on the agenda was first reading of Ordinance No. 7, Series of 1998, and an
ordinance regulating the parking and storage of recreational vehicles.
Tom Moorhead said based upon complaints from residents within the Town of Vail, the Vail
Town Council directed the Town Attorney to draft proposed regulations to regulate the parking
of recreational vehicles within the Town of Vail.
Tom read the ordinance to Council. At the worksession there was discussion that the vehicles
have a valid registration and license. There was some confusion in part of the ordinance and
Tom will clean up the wording of the ordinance.
Faith Scott, a resident of East Vail and homeowner for eight years, thanked the Council for
allowing her to address this issue. As currently presented, this ordinance is an improvement
but expressed a few concerns regarding the ordinance as drafted. Most people she has
spoken to think there is already an ordinance addressing rv's within the Town.
She feels that this ordinance, as written, would encourage more ry parking. She also stated
she would like Vail to become a model for other municipalities in producing an ordinance that
addresses time limits, storage, alternative parking, etc. She suggested some alternatives could
be to store rv's in Eagle or for the Town to develop a parking area for storing of rv's. She
brought pictures of problem ry areas needing improvement and showed them to Council.
Councilmember Mike Arnett stated that taking town -owned land for storage of rv's was not a
• good alternative and stated the Town is looking at using town -owned land for employee housing
and other uses. He also said that RV storage down valley would not be acceptable. He
0 stated that the Scott's complaint is the only one he has heard to date.
Faith Scott responded by saying it would be easier to solve a small problem instead of a large
problem. If the Town doesn't do something proactively, we will have to address a bigger
problem tomorrow.
Further discussion ensued.
Councilmember Sybill Navas asked Tom Moorhead if there would be a "grandfather" issue.
Tom stated no, there would not be a grandfather clause.
Mayor Rob Ford asked Tom to get information regarding this issue from the Vail Police
Department.
Tom stated he would ask the Vail Police Department for input.
Councilmember Mike Jewett stated that based on questions asked and staff recommendations,
he would recommend tabling the item to the May 19, 1998 worksession. The ordinance as
drafted does not suggest a penalty for parking upon streets, highways or within the parking
structures. This should be considered and discussed at the worksession.
Councilmember Mike Jewett made a motion to table Ordinance No. 7, Series of 1998 until
council has had time to discuss with other entities involved. The motion was seconded by
Councilmember Ludwig Kurz.
Further discussion ensued.
Tom Moorhead said this ordinance should go to a work session with the Vail Police
Department.
A vote was taken. The motion passed to table the ordinance, 7-0.
The fourth item on the agenda was Ordinance No. 5, Series of 1998, second reading of an
ordinance amending Title 11, Sign Regulations, of the Municipal Code, allowing for temporary
traffic control, directional and on -site window signs, and a special review process for temporary
signs, due to the numerous construction projects in Vail Village during the 1998 summer
construction season.
George Ruther, Town Planner, explained that currently 15 construction projects are scheduled
for this summer in Vail Village. Staff is requesting approval of this ordinance with the minor
change allowing for additional lighting to be proposed subject to staff review or Design Review
Board review. The additional change would be in place until October 1, 1998, but may be
extended to October 18, 1998.
Councilmember Bob Armour made a motion to approve on second reading, Ordinance 5,
Is Series of 1998, with the date change to October 18, 1998, the motion was seconded by
Councilmember Sybill Navas. A vote was taken. The motion was unanimously passed, 7-0.
George stated he will take this ordinance to the next Village merchant meeting on Thursday.
The fifth item on the agenda was a Design Review Process presentation.
Russ Forrest, Community Development Director, made a presentation to council regarding the
design review process.
George Ruther, Town Planner, discussed the memorandum given to council and stated the
goals of the process are to clarify all aspects of the development review process, consolidate
and define design review standards, and to educate the users of the process. He stated,
currently, the applications and information required are difficult and these have been clarified
and made user friendly. A major change in the process is requiring a mandatory pre -application
meeting with applicant. This has notably improved the process. Also, staff has committed to a
10-day turn around time for applications, which corresponds with the Design Review Board
review.
He also stated the previous process was lengthened by two weeks which allows for a thorough
review and makes the approval ratio higher (from 80% not getting approval to almost 100%
approval). There will continue to be a fast -track review process. The staff would like to go
through the summer construction season and make any adjustments or changes, if necessary,
in August.
Councilmember Bob Armour commended the staff for being aggressive with this process and
likes the mandatory pre -meeting. He felt staff was doing a great job.
Councilmember Ludwig Kurz stated he seconded Bob Armour's comments and asked how the
dissemination of the information was going to be done.
George Ruther stated the staff will be producing a mass mailing and will issue a press release
in the newspapers.
Russ Forrest also stated during the annual construction kickoff meeting this was discussed with
local contractors and architects. The televised council meeting will also help in getting the
information to the public.
Councilmember Sybill Navas also commended staff and echoed the other council members
comments. She asked why the turn around time for building permits are still three weeks.
George explained the building department needs that additional time to review the construction
documents.
Russ Forrest stated the steps will be mapped out and they will continue to fine tune the
process.
Mayor Rob Ford thanked staff for their hard work.
0
The sixth item on the agenda was the Town Manager Report.
Bob McLaurin, added discussed the funding grant to acquire transportation buses. The grant
was made with the condition that the buses would be shared with Taos, New Mexico. They
agreed that sharing the buses sounded good on paper but in reality is difficult. So the Town will
sell our older buses to Taos to satisfy the spirit of the grant and will take place in the Spring of
1999.
Councilmember Bob Armour asked about the status of the 1971 fire truck.
Bob McLaurin stated it will be sold to a volunteer fire department.
Councilmember Bob Armour made motion to go into executive session, then to adjourn, the
motion was seconded by Councilmember Ludwig Kurz. A vote was taken, the motion was
unanimously passed, 7-0.
As there was no further business, Councilmember Ludwig Kurz made a motion to adjourn,
Councilmember Kevin Foley seconded the motion. A vote was taken and the motion passed
unanimously, 7-0.
The meeting adjourned 8:10 p.m.
Respectfully submitted,
Ludwig Kurz
Mayor Pro-Tem
ATTEST:
Ol—
LoreCiDonaldson
Town Clerk
•
MEDIA ADVISORY
April 22, 1998
Contact: Suzanne Silverthorn, 479-2115
Community Information Office
VAIL TOWN COUNCIL HIGHLIGHTS FOR APRIL 21
Please note: The start time for the evening meeting has been changed to 7 p.m., 30 minutes
earlier than the previous start time.
Work Session Briefs
Council members present: Armour, Arnett, Foley, Ford, Jewett, Kurz, Navas
--DRB Report
• During an update of the most recent Design Review Board meeting, Councilmembers inquired
about the conceptual review of a proposed tree removal plan for the Vail Athletic Club.
--Lionshead Master Plan
Councilmembers accepted a staff proposal to revise the Lionshead Master Plan process by
merging the remaining phase of stage 3 (development of height and mass framework) with stage
4 (develop and adopt master plan and design guidelines). This will allow for discussion of bonus
height criteria; housing generation policies; carrying capacity analysis; conceptual architectural
guidelines; preliminary development standards; and preliminary economic analysis before
decisions are made on height and mass. Next steps include information gathering by the project
team during April and May, presentation of architectural and development standards to the Town
Council and Planning and Environmental Commission in early June with a decision by the Town
Council on height later in June. Councilman Michael Arnett suggested getting the Design Review
Board involved in discussing architectural guidelines for Lionshead as soon as possible. Also
yesterday, R.C. Stephenson, an attorney who represents a property owner on Forest Road,
expressed concern about proposed height allowances on the West Forest Road tennis court site.
For more information, contact Mike Mollica in the Community Development Department at 479-
2144.
--Discussion of Ordinance Regulating Garage and Yard Sales and Providing for Temporary Signs
for Garage and Yard Sales and Real Estate Open Houses
In preparation for the evening meeting, Councilmembers reviewed a draft ordinance that would
permit the sale of second hand goods at garage sales or yard sales within Vail's neighborhoods,
so long as the sales are of a non-commercial activity. The ordinance also allows for the use of a
temporary on -site sign that could be used to advertise either a garage sale or a real estate open
• house. During discussion, the Council agreed to modify from 9 to 6 the maximum number of
days a garage sale may be held per year at a residence and asked that one off -site sign also be
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i• TOV Council Highlights/April 21, 1998IAdd1
allowed. For more information, please see evening meeting briefs. On a related topic,
Councilman Michael Arnett asked if the town can regulate the time frame in which a business
promotes a "going -out -of -business" sale. Arnett said such sales that seem to go on for months
negatively impact Vail's image. Town Attorney Tom Moorhead said such legislation is possible,
although difficult, since first amendment rights are involved.
--Discussion of Ordinance Regulating the Parking and Storage of Recreational Vehicles
In preparation for the evening meeting, the Council reviewed an ordinance that would address
the parking and storage of recreational vehicles within the town by preventing those vehicles
from being stored on undeveloped lots or on grass. Several councilmembers wondered if the
draft goes far enough in addressing neighborhood nuisance complaints, while others wondered if
the problem was large enough to warrant such legislation. For more details, please see evening
meeting briefs.
--Discussion of Temporary Signs During Summer Construction in Vail Village
In preparation for the evening meeting, the Council asked that second reading of an ordinance
allowing the use of temporary signs during summer construction in Vail Village be modified to
include the use of additional lighting of the temporary signs subject to staff and/or Design Review
Board approval and an extension of the program's end date to incorporate the Worldwide Church
of God conference. For more information, please see evening meeting briefs.
--information Update
After learning the dates for the Worldwide Church of God conference, Oct. 6-12,
. Councilmembers agreed to consider an Oct. 18 end date for second reading of the temporary
sign ordinance for this season's Vail Village construction season.
•
Announcements included: a project to reclaim damaged campgrounds at Sweetwater Lake is
taking place this Saturday as part of the area's Earth Day activities; nominations for the Mauri
Nottingham Environmental Quality Award are being taken now through May 1 in three categories
(individual, business and student); the Vail Police Department is sponsoring a reception April 22
to show off a ceiling tile art exhibit featuring the talents of students from Red Sandstone
Elementary School; the Association of Volleyball Professionals (AVP) event, previously
scheduled for June 12-14, has been cancelled by the Vail Valley Tourism and Convention Bureau
due to unpaid bills by the AVP from last year's event; the VVTCB is currently brainstorming other
special events that could be scheduled yet this summer; the Colorado Municipal League
conference will be June 23-27 in Breckenridge; the Vail Village construction meeting last week
was well attended with the next meeting scheduled from 10 to 11 a.m. this Thursday at the Red
Lion.
--Council Reports
Kevin Foley, a member of the Eagle County Regional Transportation Authority, said the authority
wanted to thank the town for its recent transit contribution. Foley said Mike Gallagher, the former
mayor of Minturn, will stay on as chairman of the authority.
Sybill Navas reported on a recent meeting of the Northwest Colorado Council of Governments
Water Quality/Quantity board meeting in which new storm water permitting regulations were
discussed. Navas suggested being mindful of the regulations during code modifications that will
follow approval of the Lionshead redevelopment master plan. Navas also inquired about the
status of adopting water regulations as part of the town's code.
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TOV Council Highlights/April 21, 199$IAdd2
Michael Arnett reported on a recent board meeting of the Vail Valley Tourism & Convention
Bureau, which included an update on planning for the 1999 championships; the Whitewater
Festival; bookings by central reservations; and a customer satisfaction survey on short-term
rentals. In addition, Arnett said there was a discussion about the possibility of conducting a
survey in June to gauge public reaction to a proposed lodging tax ballot question. Also, Marc
Hoffman, the VVTCB board chairman and general manager of the Marriott, has resigned to
relocate to another property in Florida.
--Other
Councilmembers thanked the public and staff for last week's success in orchestrating the
Common Ground public workshops. The meetings were productive and well attended, they said.
Other events held last week included the community mixer and the Vail Recreation District
candidates' forum.
Sybili Navas expressed concerns about the schedule for re -sodding the Gore Creek Promenade
area. The work has been postponed to the fall due to the inability to finish the work prior to the
Whitewater Festival this spring. Also yesterday, Navas suggested taking a look at signs used in
Frisco, Glenwood Springs and Walden as good examples of directional street signs. The town is
currently undergoing a study to improve directional signs in Vail Village.
Bob Armour thanked the town's department heads for preparing an employee breakfast last
week.
• Several Councilmembers wondered if the town discontinued paid parking too early this season.
In response, Town Manager Bob McLaurin said it was costing the town more to operate the
structures than the revenue that was being collected.
Michael Jewett asked for clarification on distribution of the annual community survey. The survey
was sent to those who receive mail delivery in Vail through a postal patron process, as well as to
all absentee property owners.
Ludwig Kurz noted that the opening for the 99 Championships has been pushed back from
January 31, 1999, to January 30, 1999, due to the Super Bowl.
Kevin Foley expressed concern that late night bus service to East Vail and West Vail is being cut
off too early in the off-season. Foley also wondered how the town can get barriers or berms to
mitigate the noise from 1-70. In response, Larry Grafel, public works/transportation director, said
the project was on a lengthy waiting list for state funding. However, because of Vail's
topography, Grafel said a barrier wall might not be effective. Rob Ford said speeding trucks have
contributed to the noise problem. Ford suggested looking at a multi -layered program that would
involve a cooperative effort by local law enforcement authorities. Michael Arnett suggested
having volunteers record the "how's my driving?" phone numbers and license plates of speeding
trucks, then contact the trucking company to complain about the driver.
Bob Armour reminded the Council that the North Trail has been closed by the Division of Wildlife
until June 15 to allow for elk and deer migration.
Evening Session Briefs
Council members present: Armour, Arnett, Foley, Ford, Jewett, Kurz, Navas
• --Citizen Participation
There was no citizen participation.
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TOV Council Highlights/April 21, 19981Add3
--Ordinance Regulating Garage and Yard Sales and Providing for Temporary Signs for Garage
and Yard Sales and Real Estate Open Houses
The Council voted 7-0 on first reading to approve an ordinance that permits the sale of second
hand goods at garage sales or yard sales within Vail's neighborhoods, so long as the sales are of
a non-commercial activity. The ordinance also allows for the placement of one temporary on -site
sign that could be used to advertise either a garage sale or a real estate open house. The
ordinance allows garage sales or yard sales to operate for up to three consecutive days, but not
more than six days per calendar year. Anyone hosting a garage sale would be required to fill out
a sales tax exemption form with the Town of Vail prior to the event. Councilmembers had asked
Town Attorney Tom Moorhead to draft the ordinance following complaints that the garage sale
concept was being abused for commercial purposes (merchants unloading store stock), which
was causing parking and traffic problems within some neighborhoods and a loss of sales tax
collections for the Town of Vail. Additionally, the Council had been approached by the real estate
community to clarify use of temporary open house signs, which had previously been prohibited
within the town. During discussion yesterday, Councilmembers suggested modifying the
ordinance upon second reading to include: 1) enlarging the temporary sign's maximum size; 2)
allowing for one off -site sign; and 3) addressing the length of time a temporary open house sign
can remain in place. Councilman Bob Armour said he wondered if the open house signs would
create unnecessary clutter in town, noting that home sales in Vail are already strong. The
ordinance will be considered for second reading at the June 2nd evening meeting. For more
information, contact Moorhead at 479-2107.
--Ordinance Regulating the Parking and Storage of Recreational Vehicles
The Council voted 7-0 to table first reading of an ordinance that would address the parking and
storage of recreational vehicles within the town. The postponement occurred after several
councilmembers questioned whether the legislation was strong enough to address problems
associated with the perpetual storage of such vehicles within residential neighborhoods. As
drafted, the ordinance requires recreational vehicles (travel trailer, pickup camper or coach,
motorized dwelling, boat and boat trailer, snow vehicle, cycle trailer, utility trailer or van, horse
trailer or van or similar vehicular equipment): 1) to be stored on an approved parking area or
driveway; 2) not to be used to conduct business from or for additional living space; and 3) the RV
must be operational and have a valid license plate. During discussion, Councilmembers Michael
Jewett, Sybill Navas and Rob Ford wondered if the ordinance should include a maximum number
of days in which RVs can be stored on private property. But Councilman Michael Arnett said he
worried that forcing someone to pay for storage elsewhere was similar to a tax. Arnett, along
with Councilmen Bob Armour and Ludwig Kurz said they wondered how widespread the problem
is. During public comment, Faye Scott, a resident of East Vail, said their current situation (with
the continual view of an RV out their front door) has diminished their property values and has
created a neighborhood nuisance. Although Scott complimented the town for attempting to
address the issue, she asked that the ordinance be modified to include 1) meaningful fines and
penalties; 2) establish aggressive time limits for parking the RVs in town; 3) designate a town -
owned parcel for RV storage; and 4) defer action on the ordinance until more people are in town
to comment. Next steps include a Council work session discussion to be scheduled in June with
representaitves from the Police Department to discuss the problem in general, as well as
enforcement issues, penalties, size limitations and time limits. For more information, contact
Town Attorney Tom Moorhead at 479-2107.
--May 12 Meeting
The May 12 meeting has been cancelled due to lack of a quorum.
--Temporary Signs During Summer Construction in Vail Village
The Council voted 7-0 to approve second reading of an ordinance that allows for increased
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TOV Council Highlights/April 21, 1998/Add4
flexibility in the use of temporary signs within Vail Village between April and Oct. 18. The
ordinance, to help mitigate construction impacts, is similar to legislation passed last year to
assist merchants in West Vail during construction of the roundabout. In addition to directional
signs for public property, the measure allows for one additional window sign per frontage limited
to a coverage of 20 percent of the total window space (up from the current 15 percent coverage
area) with signs covering no more than 14 sq. ft. (up from 10 sq. ft. of any window space). Also,
Councilmembers yesterday added a provision that allows for additional lighting of the temporary
signs subject to staff and/or Design Review Board approval. For more information, contact
George Ruther, senior planner in the Community Development Department, at 479-2145.
--Design Review Process Presentation
The Council received an update on efforts by the Community Development Department to
improve its design review process. In particular, four actions have been undertaken over the
past two years: 1) creation of a customer service counter; 2) codification of development review
standards; 3) creation of efficiencies in the development review process; and 4) clarification and
improvement of the department's application forms. Effective May 1, the department will
undergo several additional improvements. Those adjustments include creation of a mandatory
preapplication meeting with town staff; rejection of incomplete applications; encouragement of
conceptual review by the Design Review Board earlier on in the development review process;
and a two week extension of the development review process to allow applicants more time to
make revisions before final review by the Design Review Board. For applicants who don't need
the extra two weeks, a "fast -track" review process will continue to be available for those who
submit plans that are in compliance with the town's development standards after the staff's initial
review. The process provides a 38-day turnaround (from the day the application is filed) for final
review by the Design Review Board and a 59-day (or earlier) turnaround for a building permit.
Councilmembers complimented the department for continuing to adjust the process to make it as
user-friendly as possible for the town's applicants. For more information, contact George Ruther
at 479-2145 or Russell Forrest at 479-2146.
-Town Manager's Report
In his Town Manager's Report, Bob McLaurin provided an update on approval of a $1 million
federal grant that will be used to replace 8 buses. The grant, which was written in 1995,
proposed a concept in which Vail would use the buses in the winter and Taos, N.M., would use
them in the summer. McLaurin said that while sharing the buses sounded good on paper, it has
proved to be much more difficult to implement. Therefore, McLaurin said, Taos has agreed to
accept 8 of Vail's older buses to satisfy the spirit of the grant. The transaction will take place in
the spring of 1999.
UPCOMING DISCUSSION TOPICS
April28 Work Session
Presentation of Silver Wreath of Valor to Michael Heydon, a TOV bus driver
PEC Review
May 5 Work Session & Evening Meetings
Cancelled due to lack of quorum
May 12 Work Session
Cancelled due to lack of quorum