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HomeMy WebLinkAbout2001-10-02 Town Council MinutesVail Town Council Evening Meeting Minutes Tuesday, October 02, 2001 7-00 P.M. A regularly scheduled meeting of the Vail Town Council was held on Tuesday, October 2, 2001, at approximately 7:00 P.M. Present: Ludwig Kurz, Mayor Sybill Navas, Mayor Pro -Tern Diana Donovan Kevin Foley Greg Moffet Chuck Ogilby Rod Slifer Staff Members Present: Bob McLaurin, Town Manager Pam Brandmeyer, Assistant Town Manager Allen Christensen, Acting Town Attorney The first item on the agenda was Citizen Participation. • Tom Steinberg, Vail resident and former Vail Councilmember, gave an overview of telephone surveys that had been conducted in Vail over the past two weeks. Steinberg stated one of the surveys appeared to be testing responses to negative statements about the proposed Charter Amendment and thought to be funded by Vail Resorts, Inc. Steinberg stated he had helped initiate the Charter Amendment ballot issue, stating that many locals cannot trust the present Council to do what is best for the town. Steinberg stated he felt four of the present council had conflicts of interest, either personal or business related, and were slanted towards Vail Resorts. Steinberg also suggested the Council was passing resolutions instead of ordinances to avoid being called -up by Town of Vail citizens. Steinberg also reported on a second telephone survey he had received, initiated by Suzanne Silverthorn, town community information officer, regarding participation in a focus group to improve relations within the town. Steinberg congratulated Silverthorn for her efforts. Steinberg then returned the $75 he had received for participating in the survey to Mayor Kurz. Kurz stated he would donate it to charity. Dan Telleen, owner of Karats jewelry, distributed copies of a 1981 cartoon drawn by former Mayor John Dobson, relating to conflicts between Vail's urban and natural environments. He then read a letter he had written to his landlord protesting the Town Council's interest in creating a mixed use development on the south side of the Vail • Village parking structure. Telleen stated the town was getting into competition with town businesses. • Jim Lamont, Vail Village Homeowners Association, repeated his request of Council to look into a survey done by telephone focusing on the Charter Amendment. Lamont also asked Council to disclose if any town employees had been involved in the survey. Lamont also presented Council with a copy of the Fair Campaign Practices Act from the Eagle County Clerk's Office and suggested all parties follow rules and regulations in this law. The second item on the agenda was the approval of the Marks Development Corporation Agreement. Town Manager Bob McLaurin stated he had left a revised agreement with the owner of Timber Ridge. The revised agreement would enable the town to resume negotiations with the owner for redevelopment of the property as employee housing. McLaurin stated the deed restrictions on the property would expire Nov. 30, 2001. Councilmember Greg Moffet moved to approve the revised agreement. Mayor Pro-Tem Sybill Navas seconded the motion. Councilmember Diana Donovan inquired as to the "no condominimization phrase." A vote was taken on the motion and the motion passed unanimously, 7-0. The third item on the agenda was the CONSENT AGENDA. A list of 2001 Election Judge Appointments for the November 6, 2001, regular municipal • election was presented to the Council. Assistant Town Manager Pam Brandmeyer advised the Council of a last minute change replacing Karen Morter with Holly Cole. The remaining judges listed were Mary Jo Allen and Vi Brown, and Mary Caster as an alternate judge. Brandmeyer also advised the Council that Sarah Farris from Battle Mountain High School will be serving as a junior election judge. Councilmember Greg Moffet made a motion to approve the 2001 Election Judge Appointments, Councilmember Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, 7-0. Mayor Kurz thanked nominees for their willingness to act as judges. The next item on the consent agenda was Ordinance #27, Series of 2001, second reading, amending the Official Zoning Map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map, rezoning Lot 1-4, Vail Meadows Filing 2 and Lots 15 and 16, Bighorn Subdivision Second Addition, to "Natural Area Preservation District. Councilmember Greg Moffet moved to approve Ordinance #27, Series of 2001, as read on second reading. Councilmember Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The fourth item on the agenda was Ordinance No. 29, Series of 2001, first reading, an ordinance amending the official zoning map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map, Rezoning Lot 1, Middle Creek Subdivision (Mountain Bell site) to Housing Zone District. Allison Ochs, town planner, presented the • ordinance to the Council, stating the next two items (Ordinance #29 and Resolution #6) 2 related to rezoning and a land use plan amendment to the Mountain Bell site. Ochs stated on September 24, 2001, the Planning and Environmental Commission voted to forward a recommendation of approval regarding the proposed rezoning and land use plan amendment of the employee housing site at Mountain Bell. Ordinance No. 29, Series of 2001, amends the official zoning map to reflect the zoning of Lot 1, Middle Creek Subdivision, to the Housing Zone District. Lot 2, Middle Creek Subdivision will remain zoned General Use, and Tract A, Middle Creek Subdivision, will remain zoned Natural Area Preservation District. Ordinance No. 29 is contingent upon the recording of the final plat of Middle Creek Subdivision and the adoption of a development plan for the housing site. Ochs stated the rezoning action and the companion Land Use Designation resolution would not establish density nor approve a development plan. The development application would be prepared on behalf of the Vail Local Housing authority and would be submitted to the Planning and Environmental Commission for preliminary review later in the month. Councilmember Diana Donovan stated she would be voting against the ordinance, citing procedural concerns as well as lack of information and lack of public awareness about the proposed housing development. Councilmember Chuck Ogilby stated he would be voting in favor of the ordinance, stating the proposed housing development as well as the Council's action to preserve the Timber Ridge units were huge steps in solving the housing problem in Vail. Councilmember Rod Slifer expressed his concerns regarding the density of the proposed development and suggested a meeting with the development team would be beneficial before the project was too far along. Jim Lamont, Vail Village Homeowners Association, advocated use of a Special Development District for the development of the site, believing that the SDD process would allow the town to address design standards, environmental sensitivities and to establish public benefits. Long time Vail resident Flo Steinberg, expressed concerns regarding residents walking into the Village and Lionshead causing traffic to be disrupted through the roundabouts, defeating their purpose. Mayor Kurz stated the closer housing is to the community, the less car traffic there should be. Ochs stated the provisions of the ordinance would not take effect until a development plan had been approved. Councilmember Greg Moffet moved to approve Ordinance #29, Series of 2001, on first reading. Councilmember Chuck Ogilby seconded the motion. Councilmember Kevin Foley stated the Council might be more comfortable waiting two weeks to review. Mayor Kurz stated between the housing authority and planning commission, he was comfortable with passing the ordinance on first reading. Councilmember Slifer stated he had the same concerns, but felt comfortable having the option on second reading to vote against it. Mayor Pro-Tem Sybill Navas stated she would vote in favor of the ordinance, but needed time to read the memo that had just been presented to the Council before second reading. A vote was taken on the motion and the motion passed 6-1, Councilmember Diana Donovan opposed. The fifth item on the agenda was Resolution No. 6, Series of 2001, a resolution amending the Town of Vail Land Use Plan, changing the land use designation from "Open Space" to "High Density Residential" for Lot 1, Middle Creek Division (Mountain Bell site). . Councilmember Greg Moffet moved to approve Resolution No. 6, Series of 2001. Councilmember Chuck Ogilby seconded the motion. Councilmember Kevin Foley thanked 3 tha naw housing authority for tha work they had done on this issue. Councilmamber Diana Donovan stated she hoped she can vote in favor of this project by the end of the process. A vote was taken on the motion and the motion passed, 6-1, Donovan opposing. The sixth item on the agenda was the First reading of Ordinance No. 25, Series of 2001, an ordinance amending the Vail Town Code, Title 14, Development Standards Handbook, Section 10, Design Review Standards and Guidelines, D. Building Materials and Design. Bill Gibson, town planner, stated the ordinance amended the town code to allow for additional flexibility in Design Review Board approval of alternative building materials. Discussion followed regarding to what extent DRB approval was needed in regard to repainting, trim color change, window replacement, etc. Mayor Pro-Tem Navas expressed concern over the ordinance's wording not being what the intent of the ordinance was intended to be. Councilmember Greg Moffet moved to approve Ordinance #25, on first reading. Councilmember Rod Slifer seconded the motion. A vote was taken and the motion passed, 6-1 Mayor Pro-Tem Sybill Navas in opposition. The seventh item on the agenda was Ord. #30, First Reading, 2002 Budget Ordinance. Finance Director Steve Thompson presented the annual appropriation ordinance: adopting a budget and financial plan and making appropriations to pay the costs, expenses, and liabilities of the Town of Vail, Colorado, for its fiscal year January 1, 2002, through December 31, 2002. Mayor Kurz commented on the long discussion the • Council has had regarding the budget, and following last few week's events, the Council had directed staff to adjust the budget again at the afternoon work session. Kurz stated the Council had the option of passing the budget as presented and directing staff to make the necessary changes or table the ordinance to the next meeting. Town Manager Bob McLaurin addressed the Council, stating that $4.5 to 5 million in budget cuts would be required to meet the objectives of the Council. McLaurin stated that an extended discussion would be held at next Tuesday's work session to prepare the budget for second reading approval on October 16th. Councilmember Chuck Ogilby stated he was comfortable with the proposed budget, looking at it as a roadmap, and if resources were not available next spring, necessary cuts would be taken. Ogilby stated he would vote for 2002 budget ordinance on first reading. Councilmember Diana Donovan stated she would not be voting for the budget, stating she felt it would be voting for irresponsible spending. Councilmember Rod Slifer stated he agreed with Councilmember Ogilby's comments regarding the majority of revenue coming in the winter and by mid -February or March the town would know where it was financially and would be able to make further cuts if necessary. Mayor Pro-Tem Navas stated she was not in support of the budget at this time, feeling the town needed to be projecting revenues on sales tax and lift at the same level as they have been. Navas felt the town should be cutting expenditures, feeling it was easier to add them rather than take them off. Navas stated she would vote yes on first reading, hoping to make the necessary changes to pass before second reading. Navas • also reminded the Council that it was possible to table the second reading for 2 weeks. Councilmember Greg Moffet stated he was comfortable with the document, stating the 4 • town had obligations to keep. Councilmember Kevin Foley stated he would not be voting in support of the budget due to his concerns about potential revenue shortfalls for the fourth quarter of the current budget year as well as his opposition to the Donovan Park pavilion. Councilmember Greg Moffet made a motion to approve Ordinance #30 on first reading. Councilmember Rod Slifer seconded the motion. A vote was taken and the motion passed 5-2, with Councilmembers Diana Donovan and Kevin Foley in opposition. Town Manager Bob McLaurin stated the majority of the worksession the following week would be devoted to revising the budget. The eighth item on the agenda was Ordinance #20, Series of 2001, second reading, an ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, and the Real Estate Transfer Tax Fund of the 2001 Budget for the Town of Vail, Colorado, and authorizing the expenditures of said appropriations. Steve Thompson, Finance Director, addressed the Council, stating this ordinance increased the general fund expenditure budget by $544,205, reduced expenses in the capital projects fund by $1.8 million, and reduced expenses in the Real Estate Transfer Tax fund by $6.6 million for a net total budget reduction of $7.9 million. Councilmember Greg Moffet made a motion to approve Ordinance #20, Series of 2001, on second reading. Councilmember Chuck Ogilby seconded the motion. Mayor Pro-Tem Sybill Navas asked Thompson to explain the pavilion allocation of $1.5million from the General Fund. Thompson stated the Council had decided to not pay for the pavilion out • of Real Estate Transfer Tax funds, but to fund it out of the general fund and Capital Projects fund. Thompson stated the monies paid to date have been for the design work and the site work and had been paid by the Real Estate Transfer Tax (RETT) fund. Thompson stated the town could take the $1.5 million transfer from the General Fund to the Capital Projects Fund out of this year's budget and put it in next year's budget. Councilmember Greg Moffet made a motion to amend his previous motion by deleting the $1.5 million transfer from the appropriation. Councilmember Chuck Ogilby amended his second to the motion to put the $1.5 million transfer in the 2002 budget. A vote was taken on the motion and the motion passed 6-1, Councilmember Kevin Foley opposed. The ninth item on the agenda was Village Center Association v. Town of Vail - An appeal of the Planning and Environmental Commission's May 8, 2000 approval of proposed modifications to the Gore Creek Floodplain, located at the "Gore Creek Whitewater Park," Gore Creek Promenade / Tracts 1 & A, Block 5B, Vail Village 1st Filing. Brent Wilson, town planner, stated In September of 2001, the District Court entered an Order of Remand to the Town Council of the Town of Vail for Findings of Fact and Conclusions of Law. The Court held that the findings in the matter are inadequate for a proper review. Pursuant to the Colorado Rules of Civil Procedure, the matter has been remanded to the Vail Town Council for the making of specific findings of fact or conclusions of law. Brent Wilson addressed the Council, referring to the staff • memorandum outlining the findings of fact listed in the memo. It was agreed by the Council to change the words ""in no way" to "not" in items 8 and 9. Aftar further discussion, Councilmember Greg Moffet moved to make specific findings of facts and conclusions of law as listed below: Based upon substantial competent evidence contained within the record and presented at the public hearings, the Town Council finds that the standards and conditions imposed by the requirements of the Zoning Regulations and all other elements of the Vail Town Code have been met. The Vail Town Council specifically finds that: The subject improvements do not constitute "structures" and are, therefore, not prohibited under Section 12-21-10(A), Vail Town Code. 2. The subject property is zoned "Outdoor Recreation" and that permitted uses within this district include "passive outdoor recreation areas and open spaces." 3. The subject improvements are in no way prohibited by the applicable zoning district. 4. The subject improvements do not constitute "structures" and are, therefore, not restricted under the setback requirements outlined in Section 12-14-17, Vail Town Code. Additionally, Title 14 of the Vail Town Code specifically exempts landscaping from setback requirements. Therefore, the subject improvements comply with all setback provisions outlined in the Vail Town Code. 5. Gore Creek has not been rechanneled. Pursuant to the requirements outlined in Title 14, Vail Town Code, the Planning and Environmental Commission has reviewed the applicant's floodplain study and approved the request for grading within the 100-year floodplain. 6. The environmental impact report complies with all provisions outlined in the Vail Town Code. 7. The environmental impact report, flood study, and Engineering staff testimony demonstrate that the work will not adversely affect adjacent properties or increase the quantity or velocity of flood waters pursuant to Section 12-21-10(E), Vail Town Code. 8. The subject improvements are not prohibited by the Vail Village Master Plan. 9. All appropriate boards and committees have reviewed the proposal as required under the covenant provisions on the property. Therefore, the subject 0 improvements are not prohibited by protective covenants. n Mayor Pro -Tern Sybill Navas seconded the motion. Councilmember Chuck Ogilby suggested changing the wording in items 8 and 9 from "are in no way" to "are not". Councilmember Moffet amended his motion accordingly. Mayor Pro-Tem Navas amended her second. Councilmember Kevin Foley, referring to the staff response for #9, recommended listing all public meetings held on this project, including the time and ate. Town planner Brent Wilson stated this information was contained in the record and would be added to the memorandum. Nicki Viars, property manager for Village Center, addressed the Council and read a letter into the record from Grimshaw and Harring, attorneys representing Vail Center Association, stating the Council did not have sufficient basis to uphold the Planning and Environmental Commission's approval of the town's application for the whitewater park. After further discussion, a vote was taken on the motion and the motion passed unanimously, 7-0. The tenth item on the agenda was the Town Manager's Report. Town Manager Bob McLaurin gave an update regarding on -going meetings held with Sybill Navas and Diana Donovan including the selection of a band for New Year's Eve. McLaurin also stated tentative plans for a party at Adventure Ridge on Vail Mountain for 12 - 15 year olds was also being discussed. Councilmember Greg Moffet inquired as to how the town would be delivering the message. McLaurin stated Suzanne Silverthorn, Community Information Officer for the town, was prepared to notify the public when definite plans had been made. As there was no further business, Councilmember Greg Moffet made a motion to adjourn. Councilmember Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, 7-0 and the meeting was adjourned at 8:40 P.M. ATTEST: AbreleiClerk . Minutes taken by Mary A. Caster 7 Respectfully submitted, Ludwig Ku�i, Mayor