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HomeMy WebLinkAbout2000-09-05 Town Council Minutes. VAIL TOWN COUNCIL - MINUTES TUESDAY, September 5, 2000 7:00 P.M. The regular meeting of the Vail Town Council was held in the Town Council Chambers on Tuesday, September 5, 2000. The meeting was called to order at approximately 7:00 P.M. COUNCIL MEMBERS PRESENT:Ludwig Kurz, Mayor Chuck Ogilby Diana Donovan Rod Slifer Greg Moffet COUNCIL MEMBERS ABSENT: Sybill Navas, Pro -Tern Kevin Foley STAFF MEMBERS PRESENT: Bob McLaurin, Town Manager Pam Brandmeyer, Assistant Town Manger Tom Moorhead, Town Attorney • The first item on the agenda was Citizen participation. Leonard Busse, president of the Vail Golf Course Town Homes on Sunburst Drive, said the Town Council was in breech of zoning with regard to the ice rink being erected on the Vail Golf Course Driving range. He said the Planning Commission must make the appropriate zoning changes before approving an appropriation. Ordering rink equipment before the appropriation takes place is not right; the rink must be canceled now. He called attention to the fact that the lobbyists for the bubble are not Vail residents. Mr. Busse said that an environmental impact study needs to be done with regard to noise, and light pollution. He said Town of Vail has always stood for outdoor sports. Chuck Crist drew everyone's attention to the Growth Initiative ballot issues that would have an effect statewide. He urged the Council to research both the Growth Initiative and Bruce Amendment No. 24. He said, if passed, the Growth Initiative would have a profound negative impact on Eagle County. The second item on the agenda was the Consent Agenda. Moffet moved to approve the August 1 & 15, 2000, Town Council meeting minutes, as amended. Ogilby seconded. A vote was taken and the motion passed unanimously, 5-0. Moffet moved to approve the second reading of Ordinance No. 20, Series of 2000 - Innsbruck Condominium Buy Down Unit. Slifer seconded. A vote was taken and the motion passed unanimously, 5-0 The third item on the agenda was the first reading of Ordinance No. 22, Series of 2000, the Supplemental Appropriation. Council was asked to review the schedule of proposed supplemental • appropriations to see the specific line items in this $1.6 million supplemental appropriation. $1.2 1 September 5, 2000 Town Council Evening Meeting Minutes million of the supplemental appropriation is for items the Council has previously discussed. The work proposed at the village parking structure and the work on Meadow Ridge Road were discussed in more detail in the Town Manager's report. Also a memo was enclosed to address the Marmot equipment upgrade. Moffet moved to approve Ordinance No. 22, Series of 2000 on first reading. Ogilby seconded. A vote was taken and the motion passed unanimously, 5-0. Leonard Busse said that this appropriation was an illegal act, that Council cannot approve the bubble until it is zoned. Moorhead said the appropriation is for the purchasing of equipment and has nothing to do with the location of the bubble. Donovan said the bubble is temporary, and it has not been decided where it will be located. The fourth item on the agenda was Resolution No. 4, Series 2000 - Supporting GO CO Grant request. The primary user groups at Ford Park, e.g., the Vail Alpine Garden Foundation (VAGF), the Vail Recreation District (VRD), the Vail Valley Foundation (WF), and the Town of Vail (TOV), are jointly submitting an application to Great Outdoors Colorado (LOCO) for a grant to support the "construction of recreation facilities related to parks such as playgrounds, sports fields, or other fixed assets; or local government funds available for the construction of environmental education facilities." This request is based on the amendments to the Ford Park Master Plan, approved April of 1997, and will further the Town's collective ability to complete the tenets of the plan as approved. Moffet moved to approve Resolution No. 4, Series 2000. Slifer seconded. A vote was taken and . the motion passed unanimously, 5-0. The fifth item on the agenda was Resolution No. 5, Series 2000 - Citizen Management of Growth Initiative. It is anticipated that there will be an initiated Constitutional Amendment on this November's ballot "The Citizen Management of Growth." The proponents have submitted the required number of signatures to place the measure on the November Ballot. It is anticipated that it will be placed on the ballot around September 13, 2000. This measure affects Vail and Eagle County. Municipalities with populations of 1000 or more in counties with populations of 25,000 or more are included. This Resolution addresses whether or not all of the lands within the Town of Vail boundaries should be property which is within the "committed area" for which Town of Vail may approve development. One of the criteria to qualify as land committed to development is land within a recorded subdivision or townsite and at least 50% of the lots have either had primary structures built or water and sewer service extended to them and all lots will be served by central water and sewer. It appears that if the Town of Vail is looked at in its entirety all lands within the town fall within this description. Dennis Gelvin, General Manager of the Eagle River Water and Sanitation District, has given the opinion that the entire Town of Vail has water and sewer service extended to it. The area of most legislation being adopted, especially by the front range cities, is to establish a clear definition as to what is defined as a "valid development application." This is significant in that the term is used in the Growth Initiative and if a valid development application has been filed for a particular piece of property, that property is considered a "committed area" within which a local government may approve development. The Resolution defines what presently exists in our code as applications that would result in development. Moorhead read a letter from Dennis Gelvin, Eagle River and Water & Sanitation District, stating that they believe all land within the • Town of Vail Municipal boundaries have access to central water and sewer service and all lots are, 2 September 5, 2000 Town Council Evening Meeting Minutes • 0 or shall be, served by central water and sewer when development is completed. Council nsknd, hypothetically, if the Holiday Inn did not have an application prior to September 13t" would they be exempt or would they have to go through a referendum if they decided to do work at a later time. Russ Forrest said that this would not impact them as their property already has water and sewer running to it. Greg Hall asked if the frontage roads would be affected. Russ Forrest assured him that it would not. Moffet moved to approve Resolution No. 5, Series 2000, with the following changes. Under the fifth whereas add the word "adjustment" and after the fifth bullet add the word "application." Under the eighth whereas take out the word "maybe." Slifer seconded. A vote was taken and the motion passed unanimously, 5-0. The sixth item on the agenda was a request for a change of use from restaurant to office space at the Potato Patch Club. For many years the Potato Patch Club has been the site of a legal non- conforming "grandfathered" restaurant operation on the property. Section 12-8-8 of the Town Code permits a change of non -conforming uses on a site, subject to Town Council approval. The applicant is proposing a change from one non -conforming use (restaurant) to another (professional offices). Brent Wilson explained that there would be a reduction in traffic congestion and nuisance impacts, such as noise, odors, dust, etc. Moffet moved to approve the request for a change of use from restaurant to office space at the Potato Patch Club with the following findings: • The Town Council determines that the proposed use does not substantially differ from the existing non -conforming use in terms of compatibility with the character of the area in which it is located. • The Town Council determines that the proposed use does not increase or aggravate the degree of non -conformity existing prior to any such change of use. Moffet said there should be more office space in town. Slifer seconded. A vote was taken and the motion passed unanimously, 5-0. The seventh item on the agenda was the Town Manager's Report. Moffet moved to adjourn. Ogilby seconded. A vote was taken and the motion passed unanimously, 5-0. The meeting adjourned at 7:50 P.M. Respectfully submitted, i ,6Z, % Cudwig KUE' ,Mayor ATTEST . : l.orel i Donaldson, Town C— r8E =a �i Minutes taken by Beth Salter September 5, 2000 Town Council Evening Meeting Minutes • WORK SESSION MEETING MINUTES FOR TUESDAY, September 5, 2000. All members of Council were present, with the exception of Kevin Foley and Sybill Navas. Item No. 2. An appeal of the Design Review Board August 2, 2000, approval of replacement of boulders and landscaping within the Gore Creek Stream Tact, located at the Gore Creek White Water Park, Gore Creek Promenade/Tract IA, Block 5B, Vail Village First Filing. The Town Council was being asked to uphold, uphold with modifications or overturn DRB's approval of the proposal. The Community Development Department recommended that the Town Council uphold the DRB's August 2"d approval of the placement of boulders and landscaping within the Gore Creek Stream Tract, subject to the following findings. 1. This proposal is in conformance with the Town of Vail Design Guidelines, including applicable Parks Design Criteria as outlined in Title 14 of the Vail Town Code. 2. All of the procedural requirements outlined in Chapter 12-10 (Design Review), Vail Town Code, have been complied with. Rod Slifer moved to deny the appeal to uphold the DRB approval. A vote was taken and the . motion passed, 5-0. 0