HomeMy WebLinkAbout2001-08-21 Town Council MinutesVAIL TOWN COUNCIL
EVENING MEETING
TUESDAY, AUGUST 21, 2001
7:00 P.M.
TOV COUNCIL CHAMBERS
MEMBERS PRESENT:
ABSENT:
STAFF MEMBERS PRESENT:
Ludwig Kurz, Mayor
Sybill Navas, Mayor Pro-Tem
Diana Donovan
Kevin Foley
Greg Moffet
Chuck Ogilby
Rod Slifer
Bob McLaurin, Town Manager
Pam Brandmeyer, Asst. Town Manager
Allen Christensen, Town Attorney
The first item on the agenda was Citizen Participation.
Barbara Jean, a Vail summer resident, complimented the town for its installation of new
directional signs for pedestrians and motorists. Jean also expressed concerns
regarding safety and motorized scooters. Jean distributed a newspaper article
describing a national trend toward banning motorized scooters and suggested Vail
consider banning them on all sidewalks, plazas and walking streets. As an alternative,
Jean also suggested placing signs similar to those used in Beaver Creek which politely
ask guests to walk their bikes and scooters in pedestrian areas.
Joel Heath, Vail Valley Tourism and Convention Bureau, announced a fourth date has
been added to Oktoberfest on September 6th. Heath stated the theme will be "Vail's
Reunion" for old and new from 6:00 - 9:00 p.m. at the Gondola in Lionshead.
Stephen Connelly, Vail Chamber and Business Association, advised the Council of
comments from a Lionshead real estate firm commenting on the colorful flowerbeds and
the cooperative effort on the tree removal project and teamwork from Public Works and
the Lionshead community. Connelly stated lighting issues still needed to be addressed.
Mayor Kurz directed staff to look into this.
The second item on the agenda was the Consent Agenda, relating to the second
reading of Ordinance No.17, Series of 2001, an ordinance amending numerous Town
. of Vail Zoning Regulations to allow for home child day care facilities to be operated as
home occupations, subject to the issuance of a conditional use permit, in eight
residential zone districts and to allow child day care centers to be operated in four
S commercial and business zone districts, one special and miscellaneous zone district
and one open space and recreation zone district. Councilmember Greg Moffet made a
motion to approve ordinance # 17, Series of 2001, on second reading. Councilmember
Sybill Navas seconded the motion. A vote was taken and the motion passed
unanimously, 6-0.
The third item on the agenda was the Alpine Garden Presentation and Request.
Ry Southard and Helen Fritch of the Vail Alpine Garden Foundation congratulated the
town on the flowers around town this year being exceptionally beautiful. Todd
Oppenheimer, Landscape Architect/Capital Projects Manager, was presented with an
award as one of the great gardens of Vail. Todd accepted the award, stating it
belonged to the whole flower crew of gardeners. Southard then presented the request
from the Vail Alpine Garden Foundation to transfer $100,000 Real Estate Transfer Tax
fund budget allocation from the Gore Creek Trail project in Ford Park to the proposed
Alpine Plaza — Phase 2. Southard stated the allocation would be used to complete the
final phase of the Betty Ford Alpine Gardens, located on the lower bench of Ford Park,
including completion of the Alpine Plaza, as well as a Children's Environmental Garden
and a Schoolhouse Accessible Garden. Mayor Kurz asked Todd Oppenheimer what
the repercussions would be in delaying of the trail. Oppenheimer stated the main
concern was access to the picnic area, although it was not a priority. Oppenheimer
stated wetland issues between the picnic area and Manor Vail Bridge were a concern.
. Pam Brandmeyer, Assistant Town Manager, encouraged the Council to be clear as to
what the funds would be used for. Councilmember Sybil] Navas made a motion to
reallocate funds for Gore Creek Trail to the expansion project. Councilmember Kevin
Foley seconded the motion. There was no public input. A vote was taken and the
motion passed unanimously, 6-0.
The fourth item on the agenda was a presentation by Chris Cares from RRC regarding
Special Events Tracking. Cares presented preliminary findings of a Vail summer
events intercept survey sponsored by the Vail Valley Tourism and Convention Bureau
(VVTCB). Highlights included the average age ranged from 33 years to 49 years,
some events attracted stronger out-of-state visitor segments while other events are
attended more by local visitors, and overnight visitors range from 22 percent of
attendees to as high as 66 percent. Cares stated the report will be completed once
information from another three events were incorporated into the study.
Councilmembers were pleased with the initial reports and looked forward to seeing the
completed report.
The fifth item on the agenda was an update from Vail Local Housing Authority (VLHA)
on the Mountain Bell process/project. Mark Ristow, Vail Local Housing Authority,
outlined the various steps that have taken place as the Authority has been working to
finalize a development agreement for the Mountain Bell site. Ristow requested the
Council ratify the VLHA's ongoing role of land lease and deed restrictions for a portion
IDof Mountain Bell site. A second request was made to approve $250,000 for a
supplemental appropriation to be used for legal, marketing, engineering and surveying
work. Councilmember Diana Donovan stated she would be voting against the request
as she felt she was being "railroaded" by the Mountain Bell project, saying she was
philosophically opposed to using town -owned land to build seasonal housing. Jim
Mulligan, attorney working with the housing authority, gave a brief update on
development agreement. Councilmember Greg Moffet thanked the group for their time
in reaching these objectives. Jim Lamont, Vail Village Homeowners Association,
reviewed his board of directors' concerns of the town entering into an agreement with
the Housing Authority. Kaye Ferry, Vail Chamber and Business Association, stated she
felt the Mountain Bell site had the least impact on other neighborhoods and the
business community supported the project. Councilmember Greg Moffet moved to
commend the housing authority to continue to work on this project and negotiate a
relationship on the Mountain Bell site. Councilmember Sybill Navas seconded the
motion, stating she had voted against the project eight years ago when beginning her
first term on the Council and had since recognized the tremendous need for affordable
housing in Vail. The Council applauded the haste in which the housing authority had
taken on this project. A vote was taken and the motion passed unanimously.
Councilmember Greg Moffet made a second motion to include $250,000 in the next
supplemental appropriation for expenses at the Mountain Bell site, commencing with
contracts for work on that site. Councilmember Sybill Navas seconded the motion.
After further discussion a vote was taken and the motion passed 5-1, Councilmember
Diana Donovan opposing. Council requested Nina Timm, Housing Authority Executive
• Director, schedule an executive session at the next Tuesday meeting.
The sixth item on the agenda was the first reading of Ordinance #19, Series of 2001,
an ordinance amending the town code, Title 12, Chapter 6, Article I, Housing
District. Allison Ochs, town planner, presented the ordinance to the Council,
stating the amendment was prepared at the advice of a land use attorney who was
hired by the town to review the legislation in anticipation of a possible court challenge.
Ochs stated the recommended amendments allowed greater flexibility to the zone
district by adding a non: -deed restricted employee housing unit (EHU) component as a
conditional use. Mayor Kurz stated the Council went over changes being requested
at the afternoon work session. Ochs stated the Planning and Environmental
Commission had recommended approval of the amendment. Councilmember Diana
Donovan expressed interest in modifying the definition to increase the 30-day
requirement, as well as the 30 hours per week year-round average. Mayor Pro -Tern
Sybill Navas stated she was not opposed to 90-day provision. Kaye Ferry, Vail
Chamber and Business Association, stated she remained confused as to why this
amendment included Eagle County, and was not limited to Vail employees.
Councilmember Greg Moffet made a motion approve Ordinance #19, Series of 2001,
on first reading. Councilmember Chuck Ogilby seconded the motion. Jim Lamont, Vail
Village Homeowners Association, urged the Council to embark on a master planning
process for properties that would be zoned under the new housing distinct, stating the
zone district's provision for commercial uses threatened to change the character of
existing neighborhoods. Councilmember Sybill Navas stated she was not in favor of the
ordinance the first time because of the ability to do free-market dwelling units
without limitations on height and site coverage and would be voting against it for
that same reason. A vote was taken and the motion passed 4-2, Councilmembers
Sybill Navas and Diana Donovan opposed.
The seventh item on the agenda was the first reading of Ordinance #21, Series of
2001, an ordinance relating to the Vail Village Inn Special Development District.
George Ruther, Head of Planning for the town, presented the ordinance to the Council.
stating the original ordinance was submitted and approved by the Council in May of this
year, but was resubmitted by the applicant due to a legal challenge. The project included
99 accommodation units, 50 fractional fee club units, 18 employee housing units and 1
dwelling unit, plus conference and spa space. Jay Peterson, attorney representing the
applicant, addressed the Council, as well as Charles Lipcon, the plaintiff in a lawsuit and
owner of Unit 5 in the adjacent Gateway Plaza Building, who urged the Council to vote
against the resubmittal. Jim Lamont, Vail Village Homeowners Association, expressed his
board's displeasure of the Council for their failure to deliver hotel rooms for the community.
After further discussion, Councilmember Greg Moffet made a motion to approve Ordinance
#21 on first reading, with the changes discussed earlier being included on second reading.
Councilmember Chuck Ogilby seconded the motion. Councilmember Greg Moffet
requested George Ruther read into the record a finding to be included in second reading.
Moffet amended his motion to include the finding. Councilmember Ogilby amended his
second. Councilmember Diana Donovan stated she would be voting against this motion
as she had the first time it was presented, as it included the same language regarding the
special development district zoning and that she was opposed to the proposed mass and
bulk. Councilmember Kevin Foley stated he too would be voting against the ordinance for
the same reasons. A vote was taken on the motion and the motion passed 4-2,
Councilmembers Donovan and Foley opposing.
The eighth item on the agenda was the first reading of Ordinance #22, Series of 2001,
an ordinance regarding the Charter Amendment Petition. Mayor Kurz stated the
Council had received the ordinance late that afternoon. Councilmember Greg Moffet
stated he felt compelled to approve the ordinance, as the validity of the petition was
approved. Council referred to acting town attorney, Allen Christensen, inquiring as to
what options the Council had if the ordinance was not approved. Christensen replied it
was up to the petitioners and a special election would need to be held. Councilmember
Greg Moffet expressed concern with the reading of the title and ballot question, and
then made a motion to approve Ordinance #22, Series of 2001 on first reading, with
amendments made to the language prior to second reading. Councilmember Kevin
Foley seconded the motion. A vote was taken on the motion and the motion passed
unanimously, 6-0.
The ninth item on the agenda was the first reading of Ordinance #23, Series of 2001,
• an ordinance approving an easement to construct a rockfall mitigation wall for the Booth
Falls Townhomes on a portion of Town of Vail property. Russell Forrest, Director of
Community Development, stated the town was requesting a granting an easement on a
portion of Town of Vail property to allow for the construction of a rockfall mitigation wall
for the Booth Falls Townhomes. Forrest stated that since construction, the Townhomes
had been damaged twice by falling rocks, once in 1983 and the other in 1996 and that
once the rockfall wall was in place, the town's hazard maps would be adjusted to reflect
the additional protection. A question was raised as to why the town was liable to clean
out the rockfall. It was determined that the town had the heavy equipment available for
this purpose and the town currently did this work in the existing berm. Councilmember
Greg Moffet made a motion to approve the granting of an easement. Councilmember
Kevin Foley seconded the motion. A vote was taken and the motion passed
unanimously, 6-0.
The tenth item on the agenda on the Town Manager's Report. Councilmember Kevin
Foley asked for clarification regarding council's evaluation of the Vail Today proposal
submitted by Rick Scalpello. Foley stated he wanted to make sure the proposal received
a timely and equitable review as part of the budget process. Councilmember Greg Moffet
inquired as to when the 1-70 highway noise issues were scheduled for discussion. It was
determined this was on the September &I worksession agenda. Moffet also expressed
disappointment the Ellefson Park dedication had not been scheduled prior to the start of
school, so that more children would be able to attend.
As there was no further business, Councilmember Greg Moffet made a motion to adjourn
• and Councilmember Kevin Foley seconded the motion. A vote was taken and the motion
passed unanimously and the meeting was adjourned at 9:20 P.M.
ATTEST:
&eiison, Town Clerk
Minutes taken by Mary A. Caster
0
Respectfully submitted,
)a4-� 5K,
Ludwig Kurz, aor
Vail Town Council
. August 21, 2001 Work Session Minutes
--Appeal of a Design Review Board Decision to Deny a Proposed Roofing Material at 2567
Arosa Drive
The Council voted 4-2 (Ogilby, Kurz against) to overturn an earlier decision by the Design
Review Board which denied a request to approve a stone -coated steel roofing material for a
residence under construction at 2567 Arosa Drive. The Design Review Board had voted against
the material, noting aesthetics concerns. However, in his appeal, applicant Dennis Scalise
presented letters of support from adjacent property owners and directed Council's attention to
Vail's design guidelines that allow the use of metal roofs. Prior to the vote, Councilman Chuck
Ogilby suggested tabling the item to allow time for consideration of an ordinance at Council's
Sept. 18 meeting which would establish parameters in the use of synthetic building. materials.
Vail's review boards are currently evaluating the merits of alternate building materials and how
such materials should be incorporated appropriately within the development review process.
Councilmember Sybill Navas made a motion to overturn the DRB's denial, with a second from
Kevin Foley. The motion passed 4-2, with Councilmember Ogilby and Mayor Kurz opposed.
•
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