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HomeMy WebLinkAbout2000-11-04 Town Council MinutesVAIL TOWN COUNCIL - MINUTES TUESDAY, November 7, 2000 7:00 P.M. The regular meeting of the Vail Town Council was held in the Town Council Chambers on Tuesday, November 7, 2000. The meeting was called to order at approximately 7:00 P. M. COUNCIL MEMBERS PRESENT: Ludwig Kurz, Mayor Sybill Navas, Mayor Pro-Tem Chuck Ogilby Diana Donovan Rod Slifer Greg Moffet COUNCIL MEMBERS ABSESNT: Kevin Foley STAFF MEMBERS PRESENT: Bob McLaurin, Town Manager Tom Moorhead, Town Attorney Pam Brandmeyer, Assistant Town Manager . The first item on the agenda was the presentation of the Mauri Nottingham Awards. Mayor Ludwig Kurz stated one of the Town Council's values is the environment and considers environmental ethics as a high agenda item. He said the Town of Vail would strive to be a leader in natural resource stewardship and strive as a community to obtain environmental and economic sustainability. The Town of Vail recognizes the link between environmental quality and economic growth. He said the awards being given out are very meaningful. Russell Forrest, Community Development Director, presented plaques and prizes to the 2000 Mauri Nottingham Environmental Quality Award Winners. The award was established to recognize and promote environmental leadership and excellence in the Vail Valley. The idea for the award originally came from the Vail Environmental Strategic Plan as one way to encourage and reward environmental excellence in the community. The award is named after Mauri Nottingham who is the founder of We Recycle and began the recycling process in Eagle County. Russ thanked Mauri for all he has done. Russ thanked all the sponsors of the program this year, including Holy Cross Energy, First Bank of Vail, and Vail Resorts. He also thanked the awards committee members for all their work on this program. • Russ stated there are three award categories; business, individual and student. The business winner goes to the Lionshead Inn. The Lionshead Inn was chosen because 1 Vail Town Council Meeting Minutes of November 7, 2000 they became a Greenstar Certified Business and was one of the first businesses in Vail to implement all 18 standards set by the Greenstar program. The individual winner award was given to Kim Langmaid. She received a ski pass from Vail Resorts. Kim created the Gore Range Natural Science School in the Vail Valley and is the director. She has educated over 2,500 students and many adults on the environment. The student category winner was the entire 5th Grade class in the Avon Elementary School and was given a check for $250. The students are enrolled in the local Audubon Sanctuary Program. This two-year project has enhanced the outdoor habitat and landscape around Avon Elementary school. Principal Linda Easthouse, and teacher, Susan Mackendolan introduced some of the students and accepted the award. Russ thanked all the participants for their efforts and contribution to the natural environment in Eagle County. The second item on the agenda was citizen participation. Helen Fritch and Adele Douglas of the Vail Alpine Garden Foundation said she wanted to recognize the Town of Vail and Todd Oppenheimer for the beautiful flowers in the Town of Vail. The town was awarded the Cindy Brennan Memorial Award for Garden excellence. Helen stated that Ford Park and the gardens around town were beautiful. Todd Oppenheimer, the Town of Vail Landscape Architect, stated the success of the flower gardens were due to Lois Hart and Liz Webster and their large crew. Lois is a supervisor and orders all the flowers and gets them to the right place at the right time. Liz is the "Dirt Dr." and prepares all the beds for the flowers. He thanked Helen and Adele for the award. Eric Baumann, a local business owner of the Christmas Shop, sent a petition to the Council regarding the Street Beat Parties. He said fourteen street parties are too many and are not good for the town business merchants. He feels that the organization of the parties doesn't benefit the town merchants. He was concerned that there was no previous notice about the concerts from the Town of Vail, Vail Valley Foundation or the Vail Merchants Association. He sent a petition around to the Gore Creek Drive shops and wants the Council to review the petition and review whether or not these concerts should happen on Gore Creek Drive. Kaye Ferry, representing the Vail Business and Chamber, thanked Suzanne Silverthorne for the "Newcomers' Handbook" that she got out for the benefit of the community. Bob Fritch, owner of the Sitzmark Lodge, said he is concerned about the Street Beat . Parties being held outside his lodge. He said he was surprised that these events were 2 Vail Town Council Meeting Minutes of November 7, 2W0 . approved and stated he was never contacted regarding the concerts. He signed a petition stating they did not want the concerts on Gore Creek Drive. He said the Council should find a more appropriate place to have these concerts. The third item on the agenda was the consent agenda. Approve the minutes of the October 3, 2000 and October 17, 2000 Town Council meetings. Council member Greg Moffet made a motion to approve the consent agenda with the amendments as approved at the afternoon work session meeting, and Council member Sybill Navas seconded the motion. A vote was taken and the motion passed unanimously, 6-0. The fourth item on the agenda was the second reading of Ordinance No. 23, Series of 2000; an ordinance amending the Official Zoning Map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; rezoning the "Vail Golf Course Clubhouse Subdivision" from Outdoor Recreation (OR) District to General Use (GU) District. . Tom Moorhead, Town Attorney, gave the Town Council background on the pending legal issues. Tom stated the first reading of this ordinance occurred on October 3, 2000 and passed 7-0 upon first reading. Prior to the first reading there was a conditional use permit granted for the seasonal structure over the approved sheet of ice at the Vail Golfcourse. This rezoning is necessary and is a condition of that conditional use permit. On October the 4'", adjacent owners, represented by Art Abplanalp, who have appeared and testified at all hearings, both before the Planning and Environmental Commission (PEC) and the Vail Town Council, appealed that grant of the conditional use permit. Subsequent to that appeal, they did go to the Eagle District Court and had an ex parte temporary restraining order placed against any work proceeding on that project. By ex parte, that means that the Town of Vail was not present when the court issued that temporary restraining order. On October the 24'", this Town Council heard the appeal of the conditional use permit and upheld the PEC's decision in that regard. On October 25t" and 26'", the Town appeared before Judge Hart of the District Court for a hearing on the preliminary injunction. After approximately four hours of taking testimony, the court did not extend the temporary restraining order and refused to grant is a preliminary injunction. And at that time specifically stated that work could continue on 3 Vai.l. Town Council Meeting Minutes of November 7, 2000 the ice as it pertained to the improved sheet of ice itself. Any work on the placement of the seasonal structure was not to go forward and it was represented to the Judge by the Town that it would not go forward until after the second reading of this ordinance and depended upon the passage on second reading. At that time, after hearing the evidence, the court did state that as we are proceeding through this to make certain that the necessary requirements as far as the title to the property clearly appears of record, that it is appropriate and that the legal descriptions are appropriate. We are prepared to do that this evening. Brent will go through some technical issues as they have been raised by the adjacent property owners. As I stated, there has been no further work done on the bubble in regard to the placement of the seasonal structure. Greg Hall has proceeded, as he has been able, for those items that pertain to the improved sheet of ice. The testimony that was given at the hearing indicates that this delay in going forward is probably going to cost an additional $150,000 for the project, particularly now with the winter weather that we have seen come in. With that I believe we are ready to proceed. Brent Wilson, Town Planner, stated he would like to present evidence on some issues to get them into the record. The first being the status of the application itself. The Department of Community Development does have a valid and complete application for the rezoning request, the conditional use permit request and the minor subdivision application. The title work that we have has been verified by Land Title Guarantee as • accurate as well as the deed from the Pulis Ranch property. Both of these documents indicate that the Town of Vail is the owner of the property and therefore we do have the authority to move forward with these applications. There is an issue with regard to covenants on the Pulis Ranch deed. The language in those covenants indicate that the intended uses are for a public golfcourse or open space or park for the benefit of the public and only such related support facilities required for those purposes. This ties back to that issue of park land uses on the property as indicated in the Master Plan. Staffs position is that this particular type of land use, a seasonal structure for recreational facilities, is consistent with that designation. Staff requests, that Council find, without addressing whether the restrictive covenant has any legal effect, that the uses on the property are consistent with that designation. With regard to the legal description, we were provided a legal description from a licensed, professional land surveyor, Eagle Valley Surveying out of Eagle -Vail. They identified the area of land to be rezoned, this area, this legal description was attached on first reading to this ordinance as an exhibit. What we have done now is actually incorporated the legal description into the text of the actual ordinance and we have issued additional property owner notices and we have republished the ordinance itself in a local paper. The actual adjacent property owner notices were mailed out on October 31" and the additional publishing of the ordinance in a local paper was on . November 1g' of this year. Additionally, staff believes and finds that the town has met 4 Vail Town Council Meeting Minutes of November 7, 2000 all of the requirements for the granting of the conditional use permit and the amendment of the official zoning map. Brent touched on the criteria for the evaluation of a rezoning request. The criteria was presented on first reading but was also read into the record on second reading. The criteria for evaluation are: 1) Is the existing zoning suitable with the existing land use on the site and adjacent land uses? Staff believes both the existing and proposed zoning is compatible with the established land use. The Vail Land Use Plan identifies a future managed designation of park on this property. Staff believes either outdoor recreation or general use zoning is a type of vehicle that can be used to facilitate that type of land use. We believe the existing and proposed zoning designations are compatible with this designation. 2) Is the amendment presenting a convenient workable relationship with land uses consistent with municipal objectives? Under the proposed general use zoning, any land development application is a conditional use permit with the exception of pedestrian trails and open space. Given the established conditional use permit criteria, staff believes any future land uses will go through that process and will present a convenient, workable relationship consistent with municipal objectives. . 3) Does the rezoning provide for the growth of an orderly viable community? Staff believes it is consistent with the Master Plan and through the conditional use permit process we have the ability to insure that it does provide for the growth of an orderly, viable community. 4) Is the change consistent with the Land Use Plan? The staff memorandum dated September 25, 2000 on pages 5 and 6, identifies relevant land use plan policies. Staff believes this proposal is consistent with all those policies. Based on these criteria, staff is recommending the Town Council approve Ordinance No. 23, on second reading with the following findings: a) The general use district is compatible with and suitable to the existing land use on the site and adjacent land uses; b) The amendment is consistent with the Town's Land Use Plan and Zoning Regulations and c) That the amendment is appropriate for the area. For the record these findings are listed in the ordinance. Tom Moorhead showed Brent a document and asked if this is the application as it exists in the Community Development file for this particular project. Brent said yes, Tom then asked several questions of Brent about the application. The Community . Development Department received a letter from Rick Pylman dated July 31, 2000, 5 Vail Town Council Meeting Minutes of November 7, 2000 • attached to the standard application for a Planning and Environmental Commission approval. He asked Brent what procedures were being requested to be considered at that time by that application. Brent stated that the application was requesting a conditional use permit, minor subdivision and a rezoning request. Tom then asked whether subsequent to the filing of this application, has the application been supplemented. Brent said yes, staff has received additional information. Tom asked if there was an Exhibit A with Robert McLaurin's signature on it and what it said. Brent said yes there is a signature by Robert McLaurin on Exhibit A, and it reads, "Signed this 29' day of September, 2000 for now and including the time since July 11, 2000 when the Town Council, in public meeting as the property owner, directed staff to proceed with the application for the conditional use permit, the rezoning from outdoor recreation to general use and the minor subdivision application." • Tom then asked if there were other exhibits attached in addition to Exhibit A. Brent stated Exhibit B is the July 11, 2000 Town Council meeting minutes where the Town Council directed staff and Rick Pyleman to move forward on the application process on this project. Exhibit C is the legal description for the rezoning and the subdivision request that was provided by Eagle Valley Surveying. Exhibit D is a graphic map exhibit of the proposed rezoning and subdivision as provided by Eagle Valley Surveying. Tom then asked, in regard to the survey, has Eagle Valley Surveying given the description of both the area to be rezoned and as well as the area contained within the conditional use itself, that being the ice rink and the seasonal structure. Brent said yes. Tom then asked if these surveys have been provided to the adjacent property owners and if this information was published in the Vail Daily. Brent stated that the legal descriptions and the graphic exhibits were provided to the adjacent property owners and were published in the Vail Daily. Tom asked when the mailing and publishings occurred. 6 Vail Town Council Meeting Minutes of November 7, 2000 Brent said the legal description and graphic exhibit mailing was sent out to adjacent property owners on October 31, 2000 and the legal descriptions and graphic exhibits were published in the Vail Daily on November 1, 2000. Tom then asked if the deed of record, in the Community Development Department, of the Pulis Ranch to the Town of Vail, conveying the land to the Town of Vail, is consistent with the survey work done by Eagle Valley Surveying and the title work done by Land Title and if all the documents indicate that the land in question is owned by the Town of Vail. . Brent said yes, that information is correct. Tom then asked there has been any question about the ownership of the land and if there has been any question of the location or identification of the place that is to be rezoned or that is to be subject to the conditional use permit. Brent said there had been no questions in that regard. Tom then asked if this deed or instrument that contained the restrictive covenant that indicates that this it to be used for a public golf course, open space or a park. . Brent said yes it is. Tom asked, based on Brent's testimony, the designation of park and the uses that are being discussed here are consistent with the Vail planning documents. Brent said that is correct. Gretchen Busse, a Sunburst Drive adjacent homeowner, asked how long will the rezoning be in effect and will the area return to open space. Tom Moorhead stated that once the property is rezoned it would remain that way until such time that the Town Council considers a rezoning. Ms. Busse asked if that would be considered after the conditional use of two years. Tom said whether or not an application comes through to rezone this property cannot be anticipated. The conditional use permit is presently granted for two years and is subject to being renewed. There is not any requirement or discussion of rezoning in the near future after this amendment is put into place. Mayor Ludwig Kurz asked Art Abplanalp to cover only new, pertinent information that the Council should be aware, since they have gone over several issues in past meetings. 7 Vail Town Council Meeting Minutes of November 7, 2000 Art Abplanalp, representing the homeowners in the Vail Golf Course area, stated he wanted to incorporate into the record, the remarks made at the hearing of October 4, 2000 and before the PEC. Tom stated it is agreed that everything the Town Council and the PEC have received are records of the proceeding this evening. Art Abplanalp stated he was representing Vail Golf Course Townhome Association's #1, 2, 3 and 4, and that is approximately 74 properties that he is representing plus a couple of residential owners on Sunburst Drive. He stated there was some confusion regarding a letter he delivered to the Town, from John Dunn, dated September 28, 2000. When John Dunn appeared before the Council on October 3, 2000, the letter was not in that packet. The letter that was missing is dated September 28, 2000 and relates to the zone change and speaks for itself, and this letter was delivered to the town council this afternoon. He said effectively, this letter was delivered 3 days -after the PEC hearing, which was the day before the exhibit that was executed by Bob McLaurin, and the day before the first legal description appeared for this property we are talking about. He explained that they took the map, with no legal description, to a surveyor and scaled • it off and came up with a legal description on a comparative map. This legal description is roughly 3.3 acres. After the PEC, two months after the application was filed, a legal description of 6.5 acres surfaces of the rezoned area. He said this area was not part of the original application, or part of the notice to the adjacent property owners and wasn't before the PEC. He said this goes beyond the driving range and was not part of the process. The issue is that the discrepancy is over the original 3.3 acres versus 6.5 acres now. He said what is important is this process violates the desires and objections of the property owners and residents in this area. He said almost every property owner on Sunburst Drive objects to this rezoning. The real problem is the rezoning is a threat to the neighborhood. He listed some of the types of things that may be built on the rezoning including structures, including hospitals, major arcades, etc. Additional issues are the noise and traffic. It is not a zoning issue, it's a variance issue. Art also said the town is in a crisis and it does not warrant a zone change. He said the town started too late, used the wrong procedure, rezoning instead of a variance, and mother nature is going to blow the budget out of this issue. He wants the town to put this away for several months and put it where it is needed such as on Berry Creek 5tn filing. He said you have seen the letter, the neighbors don't want it. He said the town is authorized to make or enact a zone district amendment on an application of any person or on its own application for a specific zone district. That's what Tom was trying to create in the record. He said the record isn't there to support that because this 6.5 acre parcel wasn't in the process until half way through the process. He said the Council doesn't have the jurisdiction, if you don't have hearings on the question which you are acting • on. The town is under pressure of a certain constituency and the neighbors want their 8 Vail Town Council Meeting Minutes of November 7, 2000 • rights respected. There is a covenant in the deed which is subject to dispute. This rezoning is not consistent with statements made in the Master Plan. Opening up this area to other uses is not good. The property owners wish the Council would recognize their rights. Tom Moorhead stated there is no such thing under the town zoning ordinances as a two-year or a temporary use variance. Use variances are not recognized in our zoning regulations. After Brent's comments regarding the legal description, I will have concluding remarks and would like to identify some appropriate findings of fact and conclusions of law for the Council. Brent Wilson stated for the record, that since day one, the rezoning was represented to the PEC and the public as incorporating the Vail golf course clubhouse, the starter shack and the driving range. Art's map and the map the town sent out is identical. Tom stated he handed out to the Town Council findings of fact and conclusions that should be included in this ordinance as sections one and two, they are findings of fact and conclusions of law. Section One, based upon the testimony presented and the documents considered, including the entire Community Development file, at hearings on the conditional use permit and the amendment of the zoning map the Town Council makes the following findings of fact: a) that there is a valid and complete application for • the conditional use, the zoning amendment and the minor subdivision; b) that the title work submitted and the deed from the Pulis Ranch to the Town of Vail properly reflects that the town is the property owner of the land subject to the applications; c) that without addressing whether the restrictive covenant in the deed has any legal effect, the uses on the property including the sheet of ice and the seasonal structure are included within the use for a public golf course or open space or park for the benefit of the public and only such related support facilities required for those purposes; d) that the legal description provided by Eagle Valley Surveying, properly identifies the area of land to be rezoned, received on or about October 3, 2000, and the area of the land subject to the conditional use of the seasonal structure and the parking available for that conditional use, received on or about October 30, 2000 and that the area has been appropriately identified in the application and viewed in site visits and the legal descriptions have been properly mailed to the adjacent property owners on October 31, 2000 and published in the Vail Daily on November 1, 2000, and finally, e) that the town has met all the requirements for the granting of the conditional use permit and the amendment of the official zoning map, Then finally, Section Two, based upon all the facts and the Town of Vail Town Code and applicable Colorado law, the Town Council makes the following conclusions of law: that the general use district is compatible with and suitable to the existing land use on the site and with adjacent land uses and that the amendment is consistent with the Town's Land Use Plan and zoning regulations and finally that the amendment is appropriate for the area. 9 Vail Town Council Meeting Minutes of November 7, 2000 • One of things Judge Hart discussed in his ruling was the fact that it was common in any development review process that there are discrepancies between legal descriptions, publications and matters of that issue. He directed that it would be appropriate to take care of these items and cured during the process. Art raised technical issues that occurred in the beginning of the process and this would be cured during this process. Council member Sybill Navas asked that the sections be clarified in the ordinance. Council member Greg Moffet made a motion to approve, on second reading, Ordinance No. 23, Series of 2000, subject to adding the findings of fact and conclusions of law as read by Tom Moorhead, and Council member Sybill Navas seconded the motion. Art Abplanalp said the map is correct but the map was given out after the meetings and after the notification to the adjacent owners. Judges comments on refining the description during the course of proceedings, he said this is not refining this is doubling the area. Council member Diana Donovan stated the section numbers were off. Tom stated they would be corrected. . A vote was taken and the motion passed unanimously, 6-0. The fifth item on the agenda was First Reading of Ordinance No. 27, Series of 2000 - Annexation of 1-70. Allison Ochs, Town Planner, stated this is a request for the annexation of certain portions of 1-70 and the Frontage Road right-of-way into the Town of Vail. She described the general areas to be annexed which included Parcel A, which is located approximately from the Main Vail Roundabout to the Vail Mountain School and Parcel B which is located approximately at the east end of the Buffer Creek Subdivision, extending west to the Vail Intermountain Subdivision. Maps of these areas and the legal descriptions are included in this ordinance. Allison stated the staff recommends the Town Council approve Ordinance No. 27, Series of 2000, subject to the following findings: 1) That the area to be annexed and proposed zone district is compatible with and suitable to adjacent uses, is consistent with the Town's Land Use Plan and Zoning Regulations, and is appropriate for the area; 2) The area proposed for annexation is contiguous to current Town boundaries by not less than 116 of the perimeter of the area; 3) A "community of interest" exists between the Town and the area proposed for annexation; 4) No land held in identical ownership . will be divided without written consent of the landowner; and 5) The annexation does 10 Vail Town Council Meeting Minutes of November 7, 2000 not have the effect of extending the municipal boundary more than 3 miles from any point in any one year. She also stated the reasoning behind this annexation is there is an agreement with the Colorado Department of Transportation (CDOT) that the Town will take over the maintenance of the Frontage Roads and will also clear up any law enforcement jurisdictional issues. Council member Diana Donovan asked if of 1-70 that passes through the Town of Vail will be in the Town of Vail and that this doesn't require the Town of Vail to enforce the laws on 1-70 and does that stay with the Colorado State Patrol. Tom Moorhead said the state patrol would still have primary responsibility on enforcement on 1-70. Greg Hall, Public Works Director, stated certain portions of the 1-70 and the Frontage Road right-of-way in far east portions of East Vail may not apply as they are on Forest Service property. Council member Greg Moffet made a motion to approve, on first reading, Ordinance No. 27, Series of 2000, subject to the findings as listed by Allison above and Council member Sybil] Navas seconded the motion. Council'member Chuck Ogilby asked if the other areas of the Frontage Road and 1-70 that were not listed in this ordinance were in the Town of Vail. Allison stated that these areas are already in the Town of Vail. A vote was taken and the motion passed unanimously, 6-0. The sixth item on the agenda was First Reading of Ordinance No. 28, Series of 2000 - 2001 Budget. Mayor Ludwig Kurz stated the Vail Town Council had reviewed the first reading of this ordinance at the afternoon work session. Town Council has directed staff and the town manager to work on the budget and completely align this budget with the Council priorities, which might not be exactly, were it is at the moment. He said there would be an additional work session meeting next week. Bob McLaurin, Town Manager clarified that adopting the budget is for adopting a specific dollar amount but does not necessarily adopt a specific project in the capital projects list. The list will be refined and in alignment with the Town Council by next weeks work session meeting. Vail Town C❑until Meeting Minutes ❑f M—ember 7, 2000 • Mayor Ludwig Kurz asked Steve Thompson to keep the review brief and to the point. Steve Thompson, Finance Director, said this ordinance is for adoption the 2001 budget and even though numbers have been prepared for 2002, this ordinance does not adopt the 2002 budget. He stated that adoption would happen next year. To comply with the Town Charter, the budget must be formally adopted by December 1, 2000. He said that out of the $51 million budget, $6 million of the funds are inter -fund charges. The net budget is $45 million which covers checks that go out the door, The general fund is $19 million and is the cost for operating expenditures, which covers the cost of running fire, police, transportation, and administration. The capital project fund is $11.8 million and the real estate transfer tax (RETT) funds budget is $12.3 million. The fund balance of $8.8 million in 2000 and the majority is for capital projects and $400,000 is for the general fund, heavy equipment fund and health insurance fund. The Town has met with a health insurance consultant and this year the town is over budget this year approximately $250,000 on a $1.3 million of claims. This is the first time the town has hit the aggregate stop loss figure. The claims have been higher and health insurance costs are going up. The town is partially self insured and was able to build up the health insurance fund to about $750,000 but will be using approximately $375,000 in this year and next year. SBob said we have had two bad years back to back, what is driving the health care costs and claims getting higher is cancer. The health care plan is changing and health care costs are going up. • Steve said there are not any new taxes or revenues in this budget. The town will have a slight increase if the de-brucing of the property tax passes. The sales tax split is between the general fund and the capital project fund. Since the split is less than 50% to the capital project fund, per the Town Charter, we need no less than five votes to approve the budget. Council member Greg Moffet asked if more than half of the sales tax were spent on capital projects it would only take a four -person majority to pass the budget. Steve said that was correct. He stated the major projects in the real estate transfer tax funds for 2001 included $10 million for Donovan Park, and there was discussion of financing a part of that money. Additionally, funds for the Red Sandstone field in the amount of $250,000; and maintenance of parks and paths in the amount of $700,000; and open lands purchase of $350,000. So that is how the funds are laid out for RETT budget of $12 million in 2001. 12 Vail Town Council Meeting Minutes of November 7, 2000 . He also reviewed the capital project fund, which include $9.5 for projects, and $2.3 million for debt service. This project fund list needs to be reviewed by Council to see if these projects need to be reprioritized. 0 Council member Greg Moffet asked about the beginning fund balance of $19 million. Steve said the Town of Vail has a strong fund balance due to the RETT fund and capital projects fund. Council member Greg Moffet stated the Council would be meeting next Tuesday at noon to work on capital projects and refine objectives and how it will be reflected in the budget. Council member Chuck Ogilby asked if the RETT fund would be part of this discussion. Bob McLaurin stated that will be part of the discussion. Steve asked if the projects that are listed and have no funding dollar amount in the budget, such as the information booths. Bob said the Council needs to identify the projects that align with the Council priorities. We may not have all the projects nailed down by the end of the day but the budget needs to be approved and the projects can be refined later. Steve said this does not prevent the Council from passing the budget without specific line items being included. Mayor Ludwig Kurz asked if the Council was comfortable passing this ordinance on first reading. Council member Sybill Navas asked how the increases were calculated from 2001 to 2002, on the general fund budget summary. Steve said they were calculated based on specific items going down by department. There is no consistent percentage increase or decreases across the board. This was calculated by what each department requested. Each department submitted what they felt they needed to do their job. Council member Sybill Navas asked what the marketing fee administration was based on. Steve said it was based on 1 % of the total collected. 13 Vail Town Council Meeting Minutes of November 7, 2000 L� Council member Sybill Navas asked if the money was in this budget for the legal secretary for Tom. Steve said it was not in this budget. However, one of the FTE positions that was reduced or eliminated from the budget, the dollar amount for that position was put in the town manager's contingency fund and the administrative support for Tom could possibly be funded through the town manager's contingency fund and will probably not add dollars to the bottom line. Bob McLaurin stated there is a need for administrative support for Tom. There is still discussion on what this support entails. It is currently not reflected in the budget as an FTE. The staff is looking at whether the executive secretary position and the legal administrative support position will be two 30-hour positions or 40-hour positions. They are discussing what this looks like. Council member Sybil[ Navas asked if this means there will probably be another FTE added to the administration budget. Bob stated that was correct. Council member Chuck Ogilby asked about the transfer adjustments on Page 25 of the budget summary report. Steve said yes it is a transfer adjustment from closing three funds. This balance was from the parking structure fund, the facilities maintenance fund and the housing fund that went into the capital project fund. Council member Greg Moffet made a motion to approve, on first reading, Ordinance No. 28, Series of 2000, subject to changes made to the capital project fund and the real estate transfer tax funds prior to 2"d reading, and Council member Sybill Navas seconded the motion. Council member Diana Donovan stated there needs to be changes in funding certain elements using RETT funds for Donovan Park or she wouldn't be able to support approving the budget. A vote was taken and the motion passed 6-0. The seventh item on the agenda was the Town Manager's Report. Bob McLaurin, Town Manager, stated he had nothing to add to his report. 14 Vail Town Council Meeting Minutes of November 7, 260e As there was no further business, a motion was made by Council member Greg Moffat to adjourn the meeting and Council member Sybill Navas seconded the motion. A vote was taken and the motion passed unanimously, 6-0. The meeting was adjourned at 8:30 p.m. Respe lly submitted, Ludwig Kurz ' Mayor 6TTE:orelei Donaldson, Town Clerk Minutes taken by Lorelei Donaldson U A L 15 Vail Town Council Meeting Minutes of November 7, 2000