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
•