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HomeMy WebLinkAbout2001-09-04 Town Council Minutes. VAIL TOWN COUNCIL R E V I S E D EVENING MEETING TUESDAY, SEPTEMBER 4, 2001 7:00 P.M. -TOV COUNCIL CHAMBERS The regular scheduled evening meeting of the Vail Town Council was convened at approximately 7:00 p.m. on Tuesday, September 4, 2001. Members present: Staff members present: Mayor Ludwig Kurz Sybill Navas, Mayor Pro-Tem Diana Donovan Kevin Foley Greg Moffet Rod Slifer Chuck Ogilby Bob McLaurin, Town Manager Pam Brandmeyer, Asst. Town Manager Allen Christensen, Acting Town Attorney The first item on the agenda was Citizen Participation. Michael Cacioppo appeared • before the Council with a request to allow softball players to park on the "safe" side of the Frontage Road, calling it unfair for skiers to be allowed to park on both sides of the road when the parking structures fill. Town Manager Bob McLaurin stated the request would be considered as part of a review being conducted by the Vail Parking Task Force. The second item on the agenda was the Consent Agenda: The first item under the Consent Agenda was Proclamation #3, Series of 2001, a Proclamation Designating September 9 - 15 as "TRY TRANSIT WEEK". Councilmember Kevin Foley read the proclamation into the record and then made a motion to approve the proclamation. Councilmember Greg Moffet seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The next item under the Consent Agenda was Ordinance #19, Series of 2001, second reading, an ordinance amending the Housing Zone District ordinance. The amendment was prepared at the advice of a land use attorney who had been hired by the town to review legislation in anticipation of a possible court challenge. The recommended amendments would allow greater flexibility to the zone district by adding a non -deed restricted employee housing unit component as a conditional use. The amendment also would modify the definition of an employee housing unit by clarifying the current definition and removing redundant regulations. Councilmember Greg Moffet made a motion to approve Ordinance #19 on second reading. Councilmember Rod Slifer seconded the motion. Mayor Pro-Tem Sybill Navas stated she would be voting in opposition because of a provision that allowed up to 30 percent of the development to include free market units with no restraints on height, mass or density. Councilmember Diana Donovan stated she would be voting in opposition due to her objections with the definition of employee housing unit. Jim Lamont, Vail Village Homeowners Association, addressed the Council, urging the Council to allow an undefined number of free market units within the ordinance. Kaye Ferry, Vail Chamber and Business Association, expressed her objection to the definition of employee housing units, stating occupancy should be restricted to those who work in Vail rather than Eagle County. A vote was taken on the motion and the motion passed 5-2, Councilmember Diana Donovan and Mayor Pro-Tem Sybill Navas opposing. The next item on the Consent Agenda was the second reading of Ordinance #23, Series of 2001, an ordinance approving the Booth Falls Townhomes Rockfall Easement. Councilmember Greg Moffet made a motion to approve Ordinance #23, Series of 2001, on second reading. Mayor Pro-Tem Sybill Navas seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The third item on the agenda was the Vail Center Update. Russell Forrest, Director of Community Development, addressed the Council stating he was coming back tonight as directed by Council on August 71'to review progress to date and take a look at the schedule for moving forward. • Mayor Kurz stated he had received a call from Porter Wharton from Vail Resorts, Inc., apologizing for not being at the meeting. Wharton requested more time, as they were working very diligently on the project, but were not able to complete it at this time, because of the complexity of it. It was agreed to allow Vail Resorts, Inc. additional time if they would agree to put a time limit in writing to return to the Council with a decision. Councilmember Diana Donovan stated her frustration in the fact that she felt the town would be in the ground by now if we had not waited for a decision by VRI. Donovan stated she felt the Council should decide what was best for the community and move forward - with or without VRI's help. Councilmember Greg Moffet stated he felt the town could build the recreational elements of the project by ourselves, but would need an invested partner to help build a conference center. Councilmember Rod Slifer stated he felt the Council did need to wait to hear from Vail Resorts and this might be an issue the new Council will need to talk about. Councilmember Chuck Ogilby stated he was under the assumption the Council was going to hear from VRI at this evening's meeting on Plan C. Moffet stated he thought VRI was an important part of the project, and felt they will participate strongly. Moffet suggested the Council pick a date within a month's time to ask VRI to respond to the Council. Moffet stated he felt it important to have an Alternative C in place before the election. Mayor Pro -Tern Sybill Navas felt it made little sense to wait until after election to make the decision to move forward. Councilmember Kevin Foley seconded Navas' comments. Councilmember Greg Moffet stated development reviews had been discussed regarding the Vail Mountain School expansion, which would benefit both the town and the Vail Mountain School. • Along with getting a date from VRI for a response, staff was encouraged to to contact conference operators to discuss possible partnerships. The fourth item on the agenda was Ordinance #20, Series of 2001, a Supplemental appropriation and budget adjustment for 2001 totaling a spending reduction of $2.2 million. Steve Thompson, Finance Director, presented the ordinance to the Council, stating the reduction was coming from three funds, with a net decrease of $2.2million. Those funds including Capital Projects reduction of $709,371, Real Estate Transfer Tax (RETT) Fund reduction of $3.2 million and increasing the General Fund by $1.7 million. Thompson stated that most of the Capital Project reductions were not permanent reductions, but actually moving to another year or another fund, including $3.4 million for the Donovan Park pavilion project. Councilmember Greg Moffet made a motion to approve Ordinance #20, Series of 2001, on first reading, Mayor Pro-Tem Sybill Navas seconded the motion. Jim Lamont, Vail Village Homeowners Association, addressed the Council, stating he felt the pavilion issue should be put on the November ballot for a public election to determine if the community was in favor of it being built. Councilmember Kevin Foley stated he would be voting against the ordinance, objecting to the $90,000 that was spent on the July 4'" safety campaign. Foley also expressed opposition to the Donovan Park pavilion, noting management and competition concerns, as well as the lack of affordable housing tied to the project, and the possibility of the pavilion competing with businesses in Vail. Councilmember Rod Slifer stated for the record vote noted his opposition to the design and cost of the pavilion. . Councilmember Diana Donovan agreed with Kevin Foley's comments, but stated she would be voting in favor of the ordinance A vote was taken on the motion and the motion passed 6-1, Foley opposed. The fifth item on the agenda was Ordinance #24, Series of 2001, Gateway SDD. Allison Ochs, town planner, presented Ordinance No. 24, Series of 2001: An ordinance repealing and reenacting Ordinance No. 9, Series of 1988 and Ordinance No. 17, Series of 1196, providing for the major amendment of Special Development District No. 21, Vail Gateway, to allow for the change in underlying zoning from Commercial Core I to Commercial Service Center, amending the approved development plan for Special Development District No. 21, Vail Gateway; amending Title 12, Chapter'7, Article E, Section 4, to add "private club" as a conditional use in the Commercial Service Center zone district; amending Title 12, Chapter 2, Section 2, to add a definition of "private club". The applicant, Braun and Associates, had requested a major amendment to Special Development District No. 21, to allow for the redevelopment of rezoning of the underlying zoning from Commercial Core I to Commercial Service Center.A major amendment to Special Development District No. 21.A text amendment to the Commercial Service Center zone district to allow for private clubs as a conditional use and a text amendment to Regulations. Mayor Kurz stated for the record a discussion was held at the afternoon's worksession regarding this ordinance. Councilmember Greg Moffet made a motion to approve Ordinance #24, Series of 2001, on first reading. • Councilmember Rod Slifer seconded the motion. Mayor Pro -Tern Sybill Navas stated she would be voting in opposition, as she did not want to see the commercial square footage turned to high -end residential. Councilmember Diana Donovan stated she was struggling with her decision as the Gateway uses were designed to compliment the first redevelopment of the Vail Village Inn which was never completed. Those uses would still compliment the two current redevelopment proposals for the VVI and the Holiday Inn. Councilmember Greg Moffet was enthusiastic about the town getting office space and was excited to see the project go forward. A vote was taken on the motion and the motion passed, 5-2, with Navas and Foley opposing. The sixth item on the agenda was Ordinance #26, Series of 2001, an ordinance amending the Housing Zone District ordinance. Nina Timm, Housing Planner, addressed the Council, stating the amendment was prepared at the advice of a land use attorney who was hired by the town to review legislation in anticipation of a possible court challenge. Timm stated the recommended amendments would allow greater flexibility to the zone district by adding a non -deed restricted employee housing unit component as a conditional use. Timm also stated the legislation modified the definition of an employee housing unit by clarifying the current definition and removing redundant regulations. Allen Christensen, Acting Town Attorney, stated that after meetings with housing authority and council, drafted an ordinance to appoint the housing authority to act as its representative. Jim Lamont, Vail Village Homeowners Association, urged the Council to allow an undefined number of free market units within the ordinance. After further discussion, Councilmember Greg Moffet made a motion to approve Ordinance #26, Series of 2001, on first reading. Mayor Pro-Tem Navas . seconded the motion. Councilmember Diana Donovan stated she would be voting no on the motion, as she felt the project was being rushed through and that zoning issues were not being given adequate public attention Donovan felt this lends credence to charter change efforts. Mayor Kurz commended the housing authority for the last 2-3 months making affordable housing a reality. This will serve as a potential for other projects needed in this community. Councilmember Rod Slifer thanked Councilmember Chuck Ogilby for his time spent on the committee, as well as the other members' time. Nina Timm stated there would be an open house from 4:00 - 5:00 P.M. on Wednesday, Sept. 5th, at the West Vail Lodge. A vote was taken on the motion and the motion passed 6-1, Donovan opposed. The seventh item on the agenda was Ordinance. #21, Vail Village Inn SDD, second reading. George Ruther, Town Planner, presented the ordinance to the Council, noting conditions and the expiration date of May 1, 2003. Ruther advised the Council of receiving a copy of letter of Charles Lipcon, objecting to the renewed effort to seek approval of the project. Copies of the letter from Lipcon was circulated to the Council. Councilmember Greg Moffet made a motion to approve Ordinance #21 on second reading. Councilmember Chuck Ogilby seconded the motion. Jim Lamont, Vail Village Homeowners Association, expressed his frustration with the applicant's inability to work out compromises with adjacent property owners and hoping for a better compromise being worked out by the Council. Acting Town Attorney Allen Christensen advised the Council of a recent hearing in District Court in which Judge Richard Hart declined a is request by adjacent property owner Charles Lipcon to halt Council's proceedings. A vote was taken on the motion. The motion passad 4-3, with Foley, Navas and Donovan in opposition. The eighth item on the agenda was Ordinance #22, second reading, an ordinance defining the Charter Amendment. Allen Christensen presented the ordinance to the Council, stating that changes were made in the charter question being posed on the ballot. Councilmember Greg Moffet made a motion to approve Ordinance #22, Series of 2001, on second reading. Councilmember Kevin Foley seconded the motion. Jim Lamont, Vail Village Homeowners Association, suggested exploring procedural differences between statutory towns versus home rule towns in regard to the charter referendum. Councilmember Rod Slifer suggested citizens run for the four available seats on the Council in the upcoming election. A vote was taken and the motion passed unanimously, 7-0. The ninth item on the agenda was the Town Manager's Report. Town Manager Bob McLaurin requested authorization to proceed with the Westhaven Street reconstruction project increase to $210,000. McLaurin stated a contract should be decided in the next 5- 7 days between B&B and CWS, depending on the cost of the concrete. Councilmember Rod Slifer made a motion to increase the budget to $210,000. Councilmember Greg Moffet seconded the motion. A vote was taken and the motion passed unanimously. Information Update --- Colorado Ski Museum Gala will be held on Oct. 19". It was agreed by Council to sponsor a table for the event. The Building Appeals Board interest has been minimal and it was suggested to widen the applicant base to individuals in the county. It was suggested a list be compiled of local possibilities before going out-of-town. A request from the Alpine Garden for maintenance assistance was referred to discussion at an upcoming meeting. Greg Moffet, Council representative on the Vail Valley Chamber of Commerce, reported favorable support from the Chamber's membership regarding a merger proposal with the Vail Valley Tourism and convention Bureau. Sybill Navas reported on her discussions with Sen. Wayne Allard regarding attempts to change immigration policies to assist with seasonal employment opportunities. She also reported on her attendance at a meeting on alternative entertainment options for New Year's Eve that would appeal to families. The meeting was also attended by Councilmember Diana Donovan. Councilmember Rod Slifer congratulated those who conducted the duck race over Labor Day Weekend. Councilmember Chuck Ogilby inquired as to the status of parking this fall Town Manager 0 Bob McLaurin stated the staff was in the process of reviewing policies. Kim Langmaid expressed concern for finding a new home for the Gore Range Natural Science School. Langmaid expressed interest in coming to Vail with the school. Suggestions as to where this school could go in Vail included CMC and the tennis courts in Lionshead. Councilmember Chuck Ogilby challenged the Council to do this. Diana Donovan suggested the need for a weekly CEO report written by Town Manager Bob McLaurin. McLaurin stated he would provide Diana with as much information as she needed from him and would try to provide info that is pertinent. Councilmember Rod Slifer stated he felt we get enough information from the town manager. Councilmember Sybill Navas suggested the need for a discussion regarding increasing Councilmember benefits as well as being added to the town's health plan coverage. It was agreed to schedule a time to discuss this before the election. Councilmember Kevin Foley noted the town's flags need to be cleaned. Foley also inquired as to when the designer utility and manhole covers would be installed in Lionshead. Foley also inquired as to the schedule for the Ice Dome at the Nordic Center. Foley also acknowledged Jacques Lazier for his winning race. Also mentioned by Foley was the question of galleries and jewelry stores being exempt from state and county taxes. As there was no further business, Councilmember Kevin Foley made a motion to adjourn the meeting and Councilmember Greg Moffet seconded the motion. A vote was taken and the motion passed unanimously, 7-0, and the meeting was adjourned at 9:05 P.M. ATTEST: REAL •if!l.illil i � � I"sS7i1Nl�` Lorelei onaldson, Town Clerk Respectfully submitted, Ludwig Kurz,Wayor