HomeMy WebLinkAbout1998-08-04 Town Council MinutesVAIL TOWN COUNCIL. - MINUTES
TUESDAY, AUGUST 4, 1998
7:00 P.M.
The regular meeting of the Vail Town Council was held in the Town Council Chambers on
Tuesday, August 4, 1998. The meeting was called to order at approximately 7:00 P.M.
COUNCIL MEMBERS PRESENT:
ABSENT:
STAFF MEMBERS PRESENT:
STAFF MEMBERS ABSENT:
Ludwig Kurz, Mayor Pro -Tern
Bob Armour
Michael Jewett
Sybill Navas
Rob Ford, Mayor
Michael Arnett
Kevin Foley
Bob McLaurin, Town Manager
Tom Moorhead, Town Attorney
Pam Brandmeyer
The first item on the agenda was Citizen Participation.
Jerry Sibley, Vice President of the Donovan Park Neighborhood Association, read a news letter
Ift from the group to the Town Council outlining the concerns the association has regarding the
Common Ground plan. He specified the association was in opposition of using land originally
purchased with Real Estate Transfer Tax (RETT) funds for housing at Donovan Park and
suggested the Town provide the area with a quality park and open space.
Howard Stone, Executive Director of the Vail Jazz Foundation, updated the Council on the
upcoming Jazz Festival series in the Valley. The jazz festival, now in its 4th year, will showcase
performances by 50 performers over the Labor Day weekend. More than six hours of music will
be provided at minimal cost. In addition, high school jazz musicians have been invited to Vail to
practice and perform. He also said the Vail Jazz Foundation is funding a program in which
every 4th and 5th grade student in Eagle County will receive jazz instruction this school year to
introduce them to jazz and encourage them to participate in music programs in the future.
Guy Ayrault, an Intermountain resident and also representing the Donovan Park Neighborhood
Association, explained that he and Sally Jackie wrote a letter to the Council explaining their
objections to the Common Ground plan and process. He stated he has taken legal action
against the Town. He wants the Council to reconsider the consequences of Resolution No. 9
and how it will affect the neighborhood and .character of the town.
Ronald Jones, a West Vail resident, stated he had nine points of concern about the June 30
meeting when Resolution No. 9 was passed. He listed these points in a letter he gave to
Council which included concerns the Council ignored the concerns of the majority of the people
who have spoken against the Common Ground Plan, the amount of time allowed for
Vail Town Council Minutes August 4, 1998
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consideration of the Resolution was too short, and concerns regarding density and growth. He
wants the Town Council to reconsider their decision and any future decisions regarding the use
of open space for housing.
Diana Donovan, a Vail resident, said she wanted the Council to stop using the Common
Ground process to validate a predetermined decision. She stated the process had not been
fair, honest or open because the Council identified specific housing sites. She encouraged the
Council to focus attention on Timber Ridge for housing. She expressed distress that housing
issues were not added to the Council agendas as a separate item and the community was not
informed that housing issues would be discussed at the Council worksession under the "Other"
category. She asked that any future discussions on housing or Common Ground be listed as a
separate agenda item so the community can be informed of when these items would be
discussed.
Suzanne Mueller, a Matterhorn resident, asked Council. not to building housing on Donovan
Park.
Council member Mike Jewett stated he had been approached by Suzanne Sibley saying she
could not get a copy of the Council agenda faxed to her. He also said Suzanne had been told
she could not be placed on a list to receive Council agendas in the future.
Bob McLaurin, Town Manager, said he had not heard that she could not be placed on a fax list
to receive a Council agenda in the future. He said Mrs. Sibley or anyone else that want an
agenda should call him at work or at home and he would take care of it. He also expressed that
he didn't think it should take Council action for someone to get an agenda, all they need to do is
call him.
Council member Mike Jewett also stated he wanted the public to be able to have access to the
Vail Town Charter for free and that it needs to be available on the Internet.
Lorelei Donaldson, Town Clerk, stated she had been sending out the Vail Charter for free to
anyone requesting it.
Council member Mike Jewett also suggested a need to consider a formal registry of
neighborhood groups who wanted access to the Council agendas and issues before the Council
such as Common Ground.
The second item on the agenda was the Consent Agenda to approve the minutes from the
meetings of June 30, July 7th and 21st, 1998.
Council member Sybill Navas made a motion to approve the minutes of June 30, July 7 and
July 21. She commented the June 30 minutes reflected almost equal participation for and
against the resolution.
Several members of the audience disagreed and further discussion ensued.
2 Vail Town Council Minutes August 4, 1998
Council member Bob Armour seconded the motion.
Council member Mike Jewett wanted to bring to the attention of the public that in the June 30
minutes that several individuals that spoke represented groups. He also said that one-half to
three -fourths of the people in favor of the plan received funding or other approvals from the
Town in some capacity.
A vote was taken and the motion passed, 4-0.
The third item on the agenda was second reading of Ordinance No. 11, Series of 1998, an
ordinance amending the Official Zoning Map for the Town of Vail in Accordance with Title 12,
Zoning Regulations, Chapter 5, Zoning Map; Applying Zone District Designation to a Portion of
Unzoned Property Previously Owned by the United States Forest Service and Transferred to the
Town of Vail Pursuant to the Land Ownership Adjustment Agreement to Primary/ secondary
Residential District for Property Located at Rockledge Road/portions of United States Forest
Service Lot 3, Based upon the Proposed Final Plat (Not Yet Recorded) of Rockledge Forest
Subdivision Prepared by Dennis Shelhorn as Job No. 0332-002 Dated February 25, 1998.
Tom Moorhead, Town Attorney, stated this property is in the Rockledge Road area, and the
only change to the ordinance was the addition of Exhibit A, which is a metes and bounds
property description. This property was acquired by the town as part of the Land Ownership
Adjustment Agreement with the U.S. Forest Service. The property will eventually be sold to
adjacent property owners to resolve encroachment issues. This issue will be brought before
the Council for approval of the sale at a later date.
Council member Bob Armour made a motion to approve on second reading, Ordinance No. 11,
Series of 1998, and the motion was seconded by Council member Sybill Navas. A vote was
taken and the motion passed, 4-0.
The fourth item on the agenda was a Report on Common Ground Litigation.
Tom Moorhead, Town Attorney, stated this matter is appropriate for executive session
discussion if the Council so desired and would require a vote of the Council to go into an
executive session.
Council member Bob Armour stated this item did not need to go to a Council executive session
at this time.
Tom Moorhead explained the Town of Vail has received two complaints to date challenging the
Council's June 30 adoption of Resolution No. 9. The one lawsuit is from the Donovan Park
Neighborhood Association (representing 23 property owners) and the other is from eleven
property owners from the Greenhill Court area. He explained the complaints are similar to each
other and are alleging the resolution improperly violated the Comprehensive Open Lands Plan
and the Donovan Park Master Plan; violates the use of lands purchased with RETT funds;
improperly authorized conditional use and rezoning actions, improperly allocated funds for
budget purposes and exceeds Council's authority. He also said the two lawsuits ask for an
injunction to stop implementation of the plan. However, at this time, no motion has been filed
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asking the court to consider an injunction at this time. Tom also stated a third complaint has
00 been filed in district court but the town has not yet been served. He said the Town will respond
to all the complaints in a timely manner and proceed through Eagle County District Court.
Council member Mike Jewett asked Tom to respond to an inquiry about allegations of improper
use of lands purchased with RETT funds.
Tom said the argument was not a legally supported position.
Council member Mike Jewett then asked how protected from legal action Realtors in town are if
they represent certain property as open space.
Tom said if they represented it as legally restricted property they may have liability.
Council member Mike Jewett said he felt that morally, the Council has an obligation to the
community to uphold previous Council's actions and promises. He asked fellow council
members to reconsider current actions.
As there was no further business, a motion was made by Council member Bob Armour to
adjourn the meeting and was seconded by Council member Sybill Navas. A vote was taken
and the motion passed unanimously, 4-0.
The meeting was adjourned at 7:46 P.M.
ATTEST:
L lePonaldson
Town Clerk
Iti
Respectfully submitted,
Ludwig Kurz V
Mayor Pro-Tem
4 Vail Town Council Minutes August 4, 1998
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TOWN OF PAIL
75 South Frontage Road
Vail, Colorado 81657
970-479-2100
FAX 970-479-2157
TM
MEDIA ADVISORY
August 4, 1998
Contact: Suzanne Silverthorn, 479-2115
Community Information Office
VAIL TOWN COUNCIL HIGHLIGHTS FOR AUGUST 5
Work Session Briefs
Councilmembers present: Armour, Jewett, Kurz, Navas
--DRB Appeal
The Council voted 4-0 to overturn a Design Review Board (DRB) decision requiring relocation of
a proposed single-family residence in order to preserve a 40 to 50 ft. tal! spruce tree on the
• development site at 278 Rockledge Rd. In making a motion to overturn the DRB decision,
• Councilman Bob Armour said that while he appreciated the DRB's concerns, he feared the tree
wouldn't survive during construction excavation. In his motion, Armour asked that 10 blue
spruce trees between 18 and 22 ft. high be required to mitigate the loss of the spruce. The
motion was approved.
--A Work Session to Discuss Redevelopment Concepts, the Antlers at Vail
Councilmembers reviewed redevelopment concepts proposed by the Antlers at Vail. The
session was a follow-up to similar discussions with the Design Review Board and Planning and
Environmental Commission. General Manager Rob LeVine had asked for feedback to
determine what options might be possible under the context of the Lionshead Redevelopment
Master Plan, which is currently being formulated. As proposed, the Antlers project would
increase from 72 dwelling units to 96 (only 26 are allowable under current zoning) and would
exceed allowable GRFA (gross residential floor area) from 36,000 sq. ft. to 87,088 sq. ft. (55,638
sq. ft. currently exists). The plan also calls for 7 employee housing units on site. Two employee
housing units already exist on site, but are not deed restricted. During discussion,
Councilmembers expressed general support for the increased size, scope and uses proposed,
given the location and existing circumstances of the property. However, there were several
concerns expressed about the project's exterior design. Councilmembers Armour, Kurz and
Navas, in particular, asked that steeper roof pitches be considered, as well as other architectural
treatments. Councilmembers also suggested bringing the total number of employee housing
units on site to 9. For more information, contact Dominic Mauriello in the Community
Development Department at 479-2148.
--Discussion of Vail Youth Recognition Award Criteria
00 Following a presentation by Councilmember Sybill Navas, the Council adjusted the annual Vail
Youth Recognition Award application process. Applicants (must live in Vail) will now apply
directly to the town rather than being nominated by the two schools (Vail Mountain School and
Battle Mountain High School). A selection committee would then be formed to name a winner
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from each school. The winners would then participate in a sister cities exchange during the
summer and agree to host a reciprocal visit from an exchange student during the winter. In the
past, student nominees hadn't know they were being considered for the award, which caused
summer scheduling problems.
--Village Core Construction Update
Town Engineer Greg Hall presented the following update on TOV construction projects, granite
installation is still underway at Seibert Circle with a large concrete pour to follow; temporary lights
have been added at the Slifer Plaza renovation work site; the center stairs at the Transportation
Center have been removed for installation of a snowmelt system, with concrete pours to follow
on the upper bus deck; some night work is occurring at the Public Works tunnel site to mitigate
impacts; and roadwork improvements at Big Horn Park are complete. Still to come are an
overlay of Chamonix Rd. behind City Market, improvements to Checkpoint Charlie and an
overlay of Gore Creek Dr.
--Information Update
Councilmembers received an update on the town's voice mail system, which went down over the
weekend. Town Manager Bob McLaurin said efforts were underway to restore the service as
quickly as possible.
--Council Reports
Bob Armour reported on last week's growth management workshop organized by Eagle County.
He said the session was insightful. Also productive, was a dinner earlier this week between
members of the Avon Town Council and Vail's Town Council, he said. In addition, Armour said
he enjoyed the TOV employee picnic at Ford Park.
Ludwig Kurz, who represents the town on the Eagle County Recreation Authority (Berry Creek
5th), said the board discussed the eventual need to cost -share expanded legal needs. Those
needs are currently being provided by Vail Town Attorney Tom Moorhead.
--Other
On behalf of Kevin Foley (who was absent from the meeting), Michael Jewett asked about the
status of Bright Horizons day care, which operates within the City Market complex. Town
Attorney Tom Moorhead said he'd received a copy of a letter from City Market to Bright Horizons
asking it to- continue operating until City Market can find another day care operator to manage
the site. Town Manager Bob McLaurin stressed the importance of keeping a day care facility at
the Vail Commons site regardless of who operates it. That prompted an idea from Jewett that
one of the day care providers at the Mountain Bell site might want to relocate there. He said a
relocation would help free up the site for housing as recommended in the Common Ground plan.
But Counciimember Sybill Navas said the town's original intent to insist upon a day care facility
at Vail Commons was to increase the number of day care spaces within the town. She said
Jewett's proposal wouldn't provide a net increase.
On another topic, Jewett said he's been receiving negative comments about the managed
parking program at Ford Park from the Vail Recreation District. Jewett also referred
Councilmembers to a letter written by a constituent who was unhappy that shuttle buses weren't
immediately available to pick up passengers following a recent ballet performance. That
prompted a comment from Councilmember Sybill Navas who said the feedback she's heard
centers on a perceived inequity of charging for parking on some nights, but not others. Town ��
Manager Bob McLaurin suggested the Council evaluate the Ford Park management plan at the
conclusion of the summer season.
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Next, Russell Forrest, Community Development Department director, referred Councilmembers
to a memo written previously outlining next steps in the Lionshead Master Plan process and the
Common Ground process. Forrest also asked Councilmembers to independently review a draft
letter to the community outlining proposed next steps in the Common Ground process and too
forward comments to the project manager by noon on Wednesday. The letter proposes 8 ' ,
opportunities for community involvement and asks for feedback on the proposed process at the
Aug. 18 evening council meeting. Councilmember Sybill Navas asked that the letter
emphasize that Timber Ridge is the Council's number -one priority. Councilman Michael Jewett
suggested changing the wording on Timber Ridge actions from "acquisition' to "potential
redevelopment." At Jewett's request, copies of a lawsuit by the Glen Lyon group were
distributed to Councilmembers.
Evening Session Briefs
Councilmembers present: Armour, Jewett, Kurz, Navas
--Citizen Participation
Jerry Sibley, vice president of the Donovan Park Neighborhood Association, read a news
release from the group outlining concerns about the Common Ground plan. In particular, Sibley
said use of land originally purchased by Real Estate Transfer Tax funds, such as Donovan Park,
should not be used for housing. Instead, the group suggested the town move forward in
providing the area with a quality park as well as open space.
Next, Howard Stone, executive director of the Vail Jazz Foundation, gave an update on the
• organizations's fourth year of activities, which kicks off soon with a month -long celebration of
• jazz in Vail.
Guy Ayrault, also representing the Donovan Park Neighborhood Association, referred
Councilmembers to a letter he and Sally Jackie had written to the Council explaining their
opposition to the Common Ground plan. Ayrault said he had no choice but to take legal action
against the town. He asked the Council to step back to consider the damage that would be
caused if the plan were implemented. He said the plan would destroy the character of the town.
In asking the Council to reconsider its decision on Common Ground, Ronald Jones presented a
letter outlining nine points of concern. Among them, Jones said the Council has ignored the
concerns of the majority of the people who have spoken against the Common Ground plan.
Next, Diana Donovan said the Council must stop using the Common Ground process to validate
a predetermined decision. Because of the Council's insistence on identifying housing sites, she
said the process has not been a fair, open or honest discussion. She also encouraged
Councilmembers to give its full attention to Timber Ridge. (That's because deed -restrictions on
the 198 units are set to expire in 2001). Donovan also asked that any discussions on Common
Ground be listed as an agenda item rather than reserving time under "other."
Suszanne Mueller, a resident of the Matterhorn neighborhood, asked Council not to build
housing on Donovan Park.
On behalf of Mueller, Councilman Michael Jewett asked that meeting agendas be routed to
Mueller and any other citizens who request them. Jewett also clarified that copies of the Town
• Charter are being made available to citizens free of charge and suggested including the charter
. on the town's Internet website. And lastly, Jewett suggested the need to consider a formal
registry of neighborhood groups who would be given a direct communications link with the town
on issues such as Common Ground. Jewett said he envisioned up to 20 groups would be
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interested in registering. The idea isn't new, he said. Other cities across the state have a formal
registration process.
--Approval of Minutes of June 30 Meeting
In moving to approve the meeting minutes for the June 30 special meeting on Common Ground,
Councilmember Sybill Navas said the minutes reflect almost equal participation for -and -against.
That caused several members of the audience to disagree. Councilman Michael Jewett noted
that several individuals at the June 30 meeting spoke on behalf of other individuals. He also
characterized many of those who spoke in favor of the plan as being individuals who had
received funding or some other approvals from the Town of Vail.
--Rezoning of a Portion of Land on Rockledge Rd. to Reflect Land Ownership Adjustment
Agreement
The Council voted 4-0 to approve second reading of an ordinance that applies zoning to a
portion of the land on Rockledge Rd. that was recently acquired by the town as part of the Land
Ownership Adjustment Agreement with the U.S. Forest Service. The property will eventually be
sold to adjacent property owners to resolve encroachment problems. For more information,
contact Town Attorney Tom Moorhead at 479-2107.
--Report on Common Ground Litigation
In an update to the Council, Town Attorney Tom Moorhead said two lawsuits had been received
challenging Council's June 30 adoption of a resolution on Common Ground. Moorhead said the
suits, one from the Donovan Park Neighborhood Association representing 23 property owners
and one from Greenhill Court, representing 11 property owners, mirror one another alleging the .
resolution improperly:
• allocated funds for budget purposes
• authorized conditional use and rezoning actions
violated the Comprehensive Open Lands Plan and the Donovan Park Master Plan
• violates the use of lands purchased with Real Estate Transfer Tax funds
• exceeds Council's authority
Further, Moorhead said the two lawsuits ask for an injunction to stop implementation of the plan,
although no motion has been filed asking the court to consider an injunction at this time. A third
lawsuit also has been filed in district court, but Moorhead said the town has not yet been served.
On behalf of the town, Moorhead said he was prepared to answer the complaints in a timely
fashion and would proceed through Eagle County District Court. In response to a question from
Councilman Michael Jewett about allegations of improper use of lands purchased by Real
Estate Transfer Tax funds, Moorhead said the argument was not a legally supported position.
Jewett responded by saying the Council has a morale obligation to uphold previous
commitments made by previous councils. He then asked his fellow councilmembers to reflect
and give serious considerations to the current actions.
UPCOMING DISCUSSION TOPICS
August 11 Work Session
Revenue Recovery Group, Authorize to Enter Contract for Audit Services
PEC/DRB Review
Lionshead Master Plan Discussion
Discussion of Employee Generation Ordinance
August 18 Work Session
Red Sandstone Lottery Discussion
VRD Request to Proceed through the Process
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August 18 Evening Meeting
First Reading, Model Traffic Code
First Reading,. Re: Bond
Tree Ordinance
Review Common Ground Process for Next Steps
Discussion of Business License Fee by "Vail 1st"
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