HomeMy WebLinkAbout2000-08-15 Town Council MinutesVAIL TOWN COUNCIL - MINUTES
TUESDAY, August 15, 2000
7:00 P.M.
The regular meeting of the Vail Town Council was held in the Town Council Chambers
on Tuesday, August 15, 2000. The meeting was called to order at approximately 7:00
P.M.
COUNCIL MEMBERS PRESENT:Ludwig Kurz, Mayor
Sybill Navas, Pro Tem
Diana Donovan
Kevin Foley
Rod Slifer
Greg Moffet
COUNCIL MEMBERS ABSENT: Chuck Ogilby
STAFF MEMBERS PRESENT: Bob McLaurin, Town Manager
Pam Brandmeyer, Assistant Town Manger
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The first item on the agenda was Citizen Participation. Claudia Delude a resident of Lupine Drive
in East Vail, appeared before the Council with two issues. First, she wanted Council to know about
a rezoning application on lots 15 and 16, known as the "waterfall lots" which would change the
zoning from agriculture open space to primary secondary. She said the application would be heard
by the Planning and Environmental Commission on Aug. 28. Secondly, Delude raised concerns
about the reconstruction of Lupine Drive, noting frequent utility interruptions and access problems.
She asked three requests of the Council members: 1) go take a look at Lupine Dr. this week; 2)
make a commitment that paving will be completed by August 31; and 3) insist senior management
be put on the job. In response, Mayor Ludwig Kurz said Town Manager Bob McLaurin was
following up on the complaints.
Dave Verwys, representing owners of the Red Sandstone Creek affordable housing units built
jointly by the Town of Vail and the Eagle River Water and Sanitation District, spoke on behalf of the
residents. Verwys asked Council to schedule a discussion on the homeowner association's
complaints at an upcoming meeting. Town Manager Bob McLaurin questioned the appropriateness
of such a meeting, noting the issues should be resolved by the homeowner's association rather
than the town. Kurz instructed the residents to meet with McLaurin and the town attorney to explore
how best to approach the issue.
The second item on the agenda was the Consent Agenda. Moffet moved to approve the July 11
& 18, 2000, Town Council meeting minutes. Navas seconded. A vote was taken and the motion
passed unanimously, 6-0.
• Moffet moved to approve the second reading of Ordinance No. 17, Series 2000, an ordinance
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removing the requirement for Planning and Environmental Commission representation an the
Design Review Board. Foley seconded. A vote was taken and the motion passed 5-1, with
Donovan opposing.
Moffet moved to approve the second reading of Ordinance No. 19, Series 2000, an Ordinance
submitting to the registered electors of the Town of Vail at the regular municipal election to be held
on Tuesday, the 7" day of November, 2000, the question about whether the Town of Vail should
be authorized to collect, keep and expend all revenues received from its property tax levy in 2000
and each year thereafter as a property tax revenue change pursuant to Article 10, Section 20 of
the Colorado Constitution provided that nothing in this question authorizes the town to increase its
rate of levy without prior voter approval; authorizing the Town Council to adopt annual budgets and
amendments thereto to implement the approval of this referred measure; setting forth the ballot
title; providing for notice of the election; providing for conduct of the election; providing further
details in relation to the foregoing. Foley seconded. A vote was taken and the motion passed, 5-1,
with Donovan opposing. Donovan said she needed more information before she could approve
the second reading.
The third item on the agenda was the first reading of Ordinance No. 20, Series of 2000 -
Innsbruck Condominium Buy Down Unit. The Town of Vail pursuant to its Buy -Down program
purchased the unit located at 2783 Kinnickinnick No. 4, Vail, Colorado on July 19, 2000. The
purchase price was $164,000. The Town has conducted a lottery and has identified potential
purchasers to purchase the unit at a deed -restricted price of $145,000. This ordinance is being
presented to meet the charter requirement of Section 4.8 which specifies that the sale of any
. real property is required to be approved by ordinance. Foley asked who the recipient was.
Russ Forrest said it will be offered to Dana Gerschenoff, who won the right to purchase the
home in a recent lottery. Foley moved to approve the first reading of Ordinance No. 20, Series
2000. Moffet seconded. A vote was taken and the motion passed unanimously, 6-0.
The fourth item on the agenda was the discussion of Ordinance No. 21, Series of 2000, an
Ordinance submitting to the registered electors to the Town of Vail at the coordinated
General Election to be held on Tuesday, the 7th day of November, 2000, the question
on whether Section 2-6-9, Real Estate Transfer Fund, should be amended to include
additional definitions for the purposes of Title 2, Chapter 6. Council has had general
discussions regarding the possibility of placing a question on the up coming
coordinated general election ballot in regard to the use of the Real Estate Transfer Tax
Funds. Presented is an Ordinance placing a question on the November 7th ballot that
would amend Section 2-6-9, Real Estate Transfer Tax Fund by adding defined terms to
that code section for the purposes of Chapter 6 of Title 2. These definitions would not
pertain to other sections of the Town of Vail Code, including but not limited, to the
Zoning Code. Presently the only definition in Section 2-6-9 is the "Building shall mean
any structure having a roof supported by columns or walls, or any other enclosed
structure for the housing of person, animals, or property." Russell Forrest referred to an
attachment to the Town Mangers report. Dee Wisor briefed the Council about his
opinion letter. Moffet, Navas, Slifer and Kurz said they were comfortable in moving
forward with a plan for recreational facilities on Donovan Park without a modification of
• the RETT ordinance, either through legislation or a public vote. Donovan said she
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• preferred to table the ordinance to allow more time to refine the ballot language so if
could be taken to a public vote. Donovan also presented other approaches that she
said could be used to expand the current uses of RETT to avoid community
controversy. She then presented a list of $1 million in capital projects that she said
could be paid for by RETT. She also reiterated her interest in scaling -down the size of
the Donovan Park proposal by moving several of the programming elements to the
Lionshead Hub site. Those changes, she said, would avoid further lawsuits that have
been threatened.
Michael Cacioppo said Council's actions are a "bad Idea" that goes against the Town's
original promise to its citizens.
Carol Hymers, representing the Glen Lyon Neighborhood Association, said
constituents want to see preservation of the RETT ordinance as originally intended.
Ron Riley, a Vail businessman, suggested it was time for Vail to broaden the use of
RETT, noting the changing needs of the community.
Moffet felt that the existing RETT language allows for improvements on Donovan Park.
Navas agreed with Moffet that the existing definitions give Council the authority to
spend RETT dollars on improvements at Donovan Park.
Donovan said she does not believe that the existing RETT ordinance would allow
buildings to be built on Donovan Park. Once Vail loses the ability to take care of their
parks, the Town will be in trouble. RETT should remain to be used for open space and
parks. She said this ordinance was a change not an amendment.
McLaurin reminded Council that the issue was whether to put this on the ballot; it was
not a land use discussion.
Foley moved to deny the first reading of Ordinance No. 21, Series 2000. Moffet
seconded. A vote was taken and the motion passed, 6-1, with Donovan opposing for
reasons of wanting the Ordinance tabled so Council could make modifications, and put
it on the ballot.
The fifth item on the agenda was to request Council's approval for the Town Manager to
execute an agreement with the White River Institute to assist with fund raising. The
opportunity to create a unique facility lies with the integration of both recreational and
cultural/educational amenities. The concept of the 2nd sheet of ice and family activity
center is relatively well understood. The learning center concept has captured the
imagination and interest of many in the community. However, the Town needs to refine
• the concept and obtain additional community buy -in to the idea. Staff would propose
working with the White River Institute to: 1) help refine the idea and to 2) assist in a
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• fund raising effort for both the recreational and learning/meeting center uses. After
refining the concept in the October/November time frame, staff would propose
reengaging the design team to complete work on the site plan, floor plans, and
architectural sketch plans. This would also include further refining the capital costs.
Russell Forrest briefed Council on the attachment "Town of Vail & White River Institute
Community Facilities Agreement". Donovan said Council needs to participate from the
beginning stages and not leave everything up to the consultants. Russell Forrest
agreed with Donovan. Councilmembers requested a discussion, of the
appointment of 2 Councilmembers to the 501 C3 Board to participate in refining the
concept of the Hub site, to be scheduled at the next Council meeting.
Paul Kuzniar commended Council for what they have accomplished so far. He said
they have done an admirable job.
Moffet moved to authorize the Town Manager to execute an agreement to allocate
resources for the White River Institute to assist with fund raising. Foley seconded. A
vote was taken and the motion passed unanimously, 6-0.
The sixth item on the agenda was the decision to move forward with the construction of
a temporary third sheet of ice at the location of the Ford Park softball fields. This item was
tabled to allow for more time to prepare cost estimates.
• The seventh item on the agenda was the decision regarding the Vail Valley Foundation
request for up to $300,000 in either cash/in-kind services or cash alone to help fund the
improvements to the Gerald R. Ford Amphitheater. Slifer recused himself since he is on
the Board of the Vail Valley Foundation. Foley said the amphitheater is an asset to the
community. He felt the Town should step up their contribution to 5%, or $450,000.
Kurz said he suspects that council will have the opportunity to give to this cause at
another time.
Navas asked about the parking.
Pam Brandmeyer said parking would be on a first come, first served basis for winter -time
use.
Donovan asked if the cash contribution was being taken out of RETT.
Brandmeyer said yes since all improvements are being done within the park.
Moffet moved to approve the request for $277,500 cash and $22,500 in in -kind services
to help fund improvements to the Gerald R. Ford Amphitheater. Navas seconded. A vote
was taken and the motion passed unanimously, 5-0.
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Moffet inquired as to where the extra dirt was going_ Greg Hall said additional dirt might
be needed for the 2nd sheet of ice.
The eighth item on the agenda was the Town Manager's Report. McLaurin announced
that he would be taking a vacation in the Grand Tetons, August 25 through the 30 and returning
to work August 31. McLaurin fielded Council questions about the wayfinding project. He also
received clarification from Council to gather information about the potential purchase of a vacant
lot in the Matterhorn neighborhood.
Foley moved to adjourn. Moffet seconded. A vote was taken and the motion passed unanimously,
6-0. The meeting adjourned at 8:55 P.M.
Respectfully submitted,
e LLorelei Donaldson, Town Clerk
Minutes taken by Beth
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Ludwig Kur2U
Mayor
August 15, 2000 Town Council Evening Meeting Minutes