Loading...
HomeMy WebLinkAbout1999-11-02 Town Council Minutes• • • • 0 VAIL TOWN COUNCIL - MINUTES TUESDAY, November 2, 1999 7:00 P.M. The regular meeting of the Vail Town Council was held in the Town Council Chambers on Tuesday, November 2, 1999. The meeting was called to order at approximately 7:00 P.M. COUNCIL MEMBERS PRESENT: STAFF MEMBERS PRESENT: Rob Ford, Mayor Ludwig Kurz, Mayor Pro-Tem Kevin Foley Sybill Navas Michael Jewett Bob Armour Mike Arnett Bob McLaurin, Town Manager Tom Moorhead, Town Attorney The first item on the agenda was Citizen Participation. Josef Staufer, past owner of Vail Village Inn, expressed his appreciation to outgoing Mayor Rob Ford and the entire town Council for their willingness to address some tough issues during their term in office. The second item on the agenda was the consent agenda: A. Approve the Minutes from the meetings of October 5'n and 19`n 1999. B. Ordinance No. 32, Series of 1999, second reading of an Ordinance to Designate Five Properties in the Town of Vail as Open Space as per Section 13.11 of the Town of Vail Charter (see Exhibit A). C. Ordinance No. 30, Series of 1999, second reading of an Ordinance Authorizing the Conveyance of Fee Title to the Following Land Owned by the Town of Vail and Located on Rockledge Road, More Fully Described as Follows: That portion of Lots 2, 3A and 3B (Resubdivision of Lot 3, Block 7), 4, 7, 8A, 9A, 10A and 10B (Resubdivision of Lot 10, Block 7), and 13B (Resubdivision of Lot 13, Block 7), Block 7, Vail Village First Filing, lying South of the North Line of Lot 2 of the Raether Minor Subdivision (formerly Government Lot 3), and North of the North boundary of Rockledge Road and/or North of the North boundary of Tract A East of the East end of Rockledge Road, as described in the Final Plat of A Replat of a Portion of Block 7, Vail Village First Filing, and Lot 2 of Raether Minor Subdivision, Section 7, Township 5 South, Range 80 West, 6th Principal Meridian prepared by Thompson -Langford Corporation and dated September 7, 1999, (as that plat may be modified with the consent of the Town of Vail), together with all interests of the Town of Vail in all easements and other appurtenances associated with said Purchased Property as shown on said Final Plat. In addition, pursuant the Agreement Creating Restrictive Covenants, attached as Exhibit B, the Town of Vail agrees to create restrictive covenants, which shall be 1 Vail Town Couricii Meeting Minutes November 2, 1999 covenants running with the land, for the benefit of the owners of Lots 2, 3A, 3B, 4, 7, 8A, 9A, 10A, 10B and 13B, which Restrictive Covenants shall be on the following described real estate in the Town of Vail, County of Eagle and State of Colorado, to wit: Tract A, Final Plat of A Replat of a Portion of Block 7, Vail Village First Filing, and Lot 2 of Raether Minor Subdivision, Section 7, Township 5 South, Range 80 West, 6th Principal Meridian prepared by Thompson -Langford Corporation and dated September 7, 1999, (as that plat may be modified with the consent of the Town of Vail) (See attached Exhibit A - Final Plat of A Replat of a Portion of Block 7, Vail Village First Filing, and Lot 2 of Raether Minor Subdivision, Section 7, Township 5 South, Range 80 West, 6th Principal Meridian prepared by Thompson -Langford Corporation and dated September 7, 1999.) Council member Armour matte a motion to approve the consent agenda, and Council member Navas seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The third item on the agenda was second reading of Ordinance No. 31, Series of 1999, an Ordinance Authorizing the Conveyance of Fee Title to the Following Land Owned by the Town of Vail and Located on Ptarmigan Road and Vacating a Portion of Ptarmigan Road, More Fully Described as Follows: That portion of Lots 1-6, Block 5, Vail Village Seventh Filing, hereinafter referred to as the "Original Lots", lying South of the North line of Government Lot 3, and North of Ptarmigan Road, hereinafter referred to as the "Purchased Property", which Purchased Property is combined with Lots 1-6, Block 5, Vail Village Seventh Filing (according to the original plat), as Lots 1, 2, 3 and 4, Block 2, as described in the Final Plat of Replat of Lots 1-6 Block 5 of Vail Village Seventh Filing; Replat of Lot 4 Vail Village Tenth Filing, and Government Lot 3, situated in Sections 8 and 9, Township 5 South, Range 80 West, 6th Principal Meridian prepared by Thompson - Langford Corporation and dated September 1, 1999 (as that plat may be modified with the consent of the Town of Vail); and That portion of Government Lot 3 which is situated on the east lot line of Lot 4, Vail Village Tenth Filing, (which lot is hereinafter referred to as the "Original Lot 4% and lying East of the West line of Government Lot 3, West of the East line of Government Lot 4, and North of Comers 3 and 4 of Government Lot 3, containing 5,074.5 square feet more or less, which portion is hereinafter referred to as the "Purchased Property- 1", which Original Lot 4 and Purchased Property-1 are combined as Lot 4, Block 1, as described in the Final Plat of Rapist of Lots 1-6 Block 5 of Vail Village Seventh Filing; Replat of Lot 4 Vail Village Tenth Filing, and Government Lot 3, situated in Sections 8 and 9, Township 5 South, Range 80 West, 6th Principal Meridian prepared by Thompson -Langford Corporation and dated September 1, 1999, (as that plat may be modified with the consent of the Town of Vail). That portion of Ptarmigan Road, according to the plat of Vail Village Seventh Filing, situated in the NW % NW % of Section 9, Township 5 South Range 80 West of the Sixth Principal Meridian, County of Eagle, State of Colorado, being more particularly described as follows: 0 • • 2 Vail Town Council Meeting Minutes November 2,1999 0 Beginning at the point on the North line of Government Lot 3 of said Section 9, whence the B.L. M. CadastraI Survey brass cap for the South -North one -sixty fourth comer on the West line of said Section 9 bears North 89°23'29" West, a distance of 65.46 feet; Thence North 00036'31" East, a distance of 24.97 feet to the Northerly . right-of-way line of Ptarmigan Road, being on a 215.00 foot radius curve concave to the northeast; Thence along said right-of-way line, 58.53 feet southeasterly along the arc of said curve, through a central angle of 1503549", with a chord bearing South 64002'57" East, a distance of 58.35 feet to the North line of said Govemment Lot 3; Thence North 89023'29" West, a distance of 52.73 feet to the Point of Beginning. Containing 0.013 Acres, more or less. In addition, the Town of Vail will establish and transfer to the Eagle Valley Land Trust a conservation easement, on the terms and conditions set forth in the Deed of Conservation Easement, attached as Exhibit B, which Conservation Easement shall be on the following described real estate in the Town of Vail, County of Eagle, and State of Colorado, to wit: (1) Tract "A", a portion of Government Lot 3, Section 8, Township 5 South, Range 80 West, 6th Principal Meridian, which contains 9,333 square feet; and (2) Government Lot 4, Section 9, Township 5 South, Range 80 West, 6th Principal Meridian which contains approximately 4.252 acres (See attached Exhibit A - Final Plat of Replat of Lots 1-6 Block 5 of Vail Village Seventh Filing; Replat of Lot 4 Vail Village Tenth Filing, and Government Lot 3, situated in Sections 8 and 9, Township 5 South, Range 80 West, 6th Principal Meridian prepared by Thompson -Langford Corporation and dated September 1, 1999.) . Councilmember Armour excused himself from voting on this item, stating that one of his ski school clients was involved in the proposed purchase. Tom Moorhead said in the early 1990s the Vail Town Council directed staff to begin working with the Forest Service to address private and public encroachments on Forest System lands and to identify ways to discourage private exchanges around the Town of Vail. In 1994 the community completed the Vail CorYiprehensive Open Space Plan which identified properties that should be considered for land exchange. In June, 1995, the Town of Vail and the United States Forest Service signed and agreement to initiate a land exchange. The land exchange involved three parcels of Town of Vail land totaling 76 acres and 11 parcels of United States Forest Service land totaling 62.2 acres. This exchange essentially removed the Forest Service lands from within the Town of Vail by acquiring or de -annexing U.S. Forest lands. The transfer of the property from the Town of Vail to the Forest Service was approved in Ordinance No. 5, Series of 1997. The Town has been negotiating in good faith with the residents on Ptarmigan Road to convey land where residents now have encroachments and to create a buffer between Ptarmigan and the forest on what was United States Forest Service lands and now are Town of Vail owned lands. The value of this land has been calculated on a per square foot basis. The Town of Vail will realize $1.2 million for the sale of property on Ptarmigan Road. It is hoped that it will reduce the likelihood of private exchanges of Forest Service lands in and around the Town of Vail. The Town continues to maintain a strong posture in regard to opposing private land exchanges that could allow additional development around the Town of Vail. i3 Vail Town Council Meeting Minutes November 2, 1999 This ordinance has changed since first reading to include an additional 0.013 acres which is presently included within the Ptarmigan Road right-of-way. It will be conveyed to the Cannans in addition to other property from the LOAA and their participation in the land to be preserved as open space. It provides a more standard shape to the lot. The conveyance will be for the same price per square foot as they are paying for the balance of land being conveyed. Council member Arnett made a motion to approve on second reading, Ordinance No. 31, Series of 1999, and Council member Kurz seconded the motion. A vote was taken and the motion passed 5-1, Council member Foley opposing, Council member Armour abstaining. Council member Foley stated he did not feel the Town was getting fair market value for this property. The fourth item on the agenda was Resolution No. 15, Series of 1999, a Resolution Approving the Town of Vail/Eagle County Intergovernmental Agreement to Develop a Sixteen Acre Affordable Housing Project Located on the Berry Creek 5ta property. Tom Moorhead said a contract for Eagle County to purchase the Berry Creek 5th property from the Eagle County Recreation Authority is contingent upon entering into an Intergovernmental Agreement for the development of the affordable housing component. The Intergovemmental Agreement, which is subject to formal approval by passage of this resolution, provides that the County and the Town will be 50/50 partners. The Town of Vail will be obliged to pay 50% of the development costs and in return will be an equal partner that is entitled to designate the rules for the sale or rental of 50% of the units. The County Commissioners have approved this Intergovernmental Agreement, Russell Forrest, Nina Timm, and Tom Moorhead, on behalf of the Town, met with Jack Ingstad, David Carter, and Jim Fritze, on behalf of Eagle County, and have taken the initial steps to move forward with this project. Michael Cacioppo questioned the wording in the last paragraph of the resolution. After some discussion, Council member Arnett made a motion to adopt Resolution No. 15, Series of 1999 and Council member Foley seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The fifth item on the agenda was the Town Manager's Report. Town Manager McLaurin addressed the Council, stating that he was pleased to have worked with this Council and wished them well. Council member Armour stated that this was his last meeting and thanked Bob McLaurin, Pam Brandmeyer, Tom Moorhead, Russ Forrest and the Town staff, as well as his fellow colleagues for their time and effort. He also thanked his wife, Mary Lou, for her patience. As there was no further business, a motion was made by Council member Armour to adjourn the meeting and Council member Arnett seconded the motion. A vote was taken and the motion passed unanimously, 7-0. 4 Vail Town Council Meeting Minutes November 2, 1999 N The meeting was adjoumed at 7:40 p.m. ATTESTr' Lorelei o Idson Town Clerk (minutes taken by Mary Caster) 71 0 Respectf ly submitted, Ludwig Kurz Mayor Pro Tem OLORP`�'•;:;:; .1111111;10:1%I11��� 5 Vail Town Council Meeting Minutes November 2, 1999 • WORK SESSION MINUTES Tuesday, November 2, 1999 2:00 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 November 2, 1999. Everyone was present with the exception of Kevin Foley. Item No. 1, Site Visit and Appeal of PEC Denial of Variance Request at 1007 Eagle's Nest Circle. Following a site visit and public testimony, Bob Armour made a motion, with a second from Ludwig Kurz, to uphold the PEC denial of a variance request for construction of a two -car garage at the above -reference address. The applicant, Kaye Ferry, had sought a site coverage variance of 2.6 percent. In voting to uphold PEC's denial, Council members said they could not determine physical hardships or unique characteristics on the property that would warrant a deviation from the zoning regulations. Approval of the request, they said, would have constituted a grant of special privilege. 0 Motion passed 6-0 (Kevin Foley absent nI SOWN OF VAILLY 75 South Frontage Road Vail, Colorado 81657 970-479-2100 FAX 970-479-2157 MEDIA ADVISORY November 3, 1999 Contact: Suzanne Silverthorn, 479-2115 Community Information Officer VAIL TOWN COUNCIL HIGHLIGHTS FOR NOVEMBER 2 Work Session Briefs Councilmembers present: Armour, Arnett, Ford, Jewett, Kurz, Navas --Site Visit and Appeal of PEC Denial of Variance Request at 1007 Eagle's Nest Circle Following a site visit and public testimony, the Council voted 6-0 to uphold the Planning and Environmental Commission's (PEC) denial of a variance request for construction of a two -car garage at 1007 Eagle's Nest Circle. The applicant, Kaye Ferry, had sought a site coverage variance of 2.6 percent. In voting to uphold PEC's denial, Councilmembers said they could not determine physical hardships or unique characteristics on the property that would warrant a deviation from the zoning regulations. Approval of the request, they said, would have constituted a grant of special privilege. For details, contact Brent Wilson in the Community Development Department at 479-2140. --information Update In preparation for the evening meeting, Town Attorney Tom Moorhead indicated second reading of Ordinance 31 (sale of Ptarmigan Road property) had been removed from the consent agenda and would be considered as a separate agenda item due to addition of an amendment. --Council Reports Bob Armour reported on last week's meeting of the Colorado Association of Ski Towns (CAST), held in Glenwood Springs. The meeting included a presentation from Steamboat Springs on a pilot GIS system and an update on CAST's involvement in facilitating an independent study on the use of magnesium chloride as a de-icer. Armour said the study would be conducted this winter. Since Armour's town council term expires next week, Armour will no longer serve as Vail's representative to CAST. Armour, a past president of CAST, said he has enjoyed representing the Council during his term. Sybill Navas reported bn a recent Executive Board meeting of the Northwest Colorado Council of Governments. She said the organization is continuing to establish a dialogue with the U.S. Forest Service on the White River National Forest Management Plan. Ludwig Kurz reminded Councilmembers of a ceremony Nov. 3 marking the sale of the Berry Creek 5th Filing property, as well as an intergovernmental agreement between the Town of Vail and Eagle County on the housing component of the property. The ceremony is from noon to 2 p.m, on the property. 40 (more) ��� RECYCLEDPAPER Add 1/TOV Council Highlights/11-2-99 --Other S Ludwig Kurz inquired about the status of replacing the international flags at the Main Vail roundabout, which are showing some wear. The flags will be replaced before Thanksgiving and are on a twice -a -year replacement schedule. Michael Jewett inquired about the status of a long-standing request to paint and add signs marking two handicapped parking spaces at the Vail Commons development. Staff will follow up. Bob Armour thanked all those involved in sponsoring last week's Vail Town Council candidate forum at the Lodge at Vail. Evening Session Briefs Councilmembers present: Armour, Arnett, Foley, Ford, Jewett, Kurz, Navas --Citizen Participation The Council heard from longtime resident Joe Staufer, who thanked Councilmembers for their "courageous" effort to tackle some serious problems in Vail, including employee housing, during the past two years. --Consent Agenda The Council voted 7-0 to approve a consent agenda which included approval of minutes from Oct. 5 and 19; second reading of an ordinance designating five properties in the highest open space protection classification; and second reading of an ordinance authorizing the sale of town - owned land on Rockledge Road (the Ptarmigan Road land sale ordinance described below is a similar action). ft --Ptarmigan Road Land Sale Also yesterday, the Council voted 5-1 (Foley against and Armour recusing himself) to approve second reading of an ordinance authorizing the town manager to enter into a contract to convey about 40,000 sq. ft. of Town of Vail land acquired from the U.S. Forest Service in the 1997 Land Ownership Adjustment Agreement to property owners on Ptarmigan Road where there are now private encroachments on public property. This transaction has a potential return to the town of approximately $1.2 million. The terms of the sale forbid property owners to make improvements to the property, although homeowners will benefit through an increased lot size. In addition, the town will convey development rights of 4.3 acres of undeveloped land on the south side of Ptarmigan Road to the Eagle Valley Land Trust and will be compensated for the full value of the land based on an appraisal. This transaction will preserve the land as open space in perpetuity and will enable the town to retain ownership of the 4.3 acres. In voting against the sale, Councilman Kevin Foley has criticized the action, saying the town wasn't getting enough money for the land. Bob Armour had recused himself from the vote, noting that one of his ski school clients was involved in the proposed purchase. For more information, contact Community Development Director Russell Forrest at 479-2146. --Berry Creek Fifth IGA The Council voted 7-0 to adopt a resolution approving an intergovernmental agreement (IGA) between the Town of Vail and Eagle County for the development of 16 acres of land at Berry Creek Fifth for affordable housing. The two entities will be 50-50 partners. During discussion, Councilman Bob Armour called the agreement a "win -win" situation for the region. (more) Add 2/TOV Council Highlights/11-2-99 --Town Manager's Report Town Manager Bob McLaurin provided an update on efforts to satisfy INS visa requirements for 17 Austrailian bus drivers. McLaurin said it now looks as if the seasonal employees will be cleared to arrive in December rather than January as was previously reported. Noting this was his last Council meeting, Bob Armour thanked the town staff, his colleagues, his wife and the community for the opportunity to serve. Michael Arnett, also an outgoing Councilmember, expressed similar thoughts. UPCOMING DISCUSSION TOPICS November 9 Work Session Swearing -in Ceremony Employee Recognition, Tito Montoya, 15 years Employee Recognition, Charlie Davis, 20 years PEC/DRB review Town Council Organizational Meeting (Appointment of Mayor, Mayor Pro -Tern and Committee Assignments) November 16 Work Session Vail Plaza Hotel Site Visit Lauterbach Appeal (to be tabled till 12/7/99) Discussion of December Town Council Meeting Schedule Discussion of Model Traffic Code Discussion of On -street Parking Policy November 16 Evening Meeting Wayfinding presentation and discussion Discussion of Vail Plaza Hotel Redevelopment Proposal First Reading, Building Code Amendments •