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HomeMy WebLinkAbout2001-03-20 Town Council MinutesVAIL TOWN COUNCIL - MINUTES TUESDAY, March 20, 2001 7:00 P.M. The regular meeting of the Vail Town Council was held in the Town Council Chambers on Tuesday, March 20, 2001. The meeting was called to order at approximately 7:00 P.M. COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: STAFF MEMBERS PRESENT: Ludwig Kurz, Mayor Sybill Navas, Mayor Pro -Tern Diana Donovan Greg Moffet Kevin Foley Chuck Ogilby Rod Slifer Bob McLaurin, Town Manager Tom Moorhead, Town Attorney Pam Brandmeyer, Assistant Town Manager . Under the first item on the agenda, a presentation of two Vail Youth Recognition Awards were presented to Sarah Hallenbeck -Vail Mountain School and Chris Jackson -Battle Mountain High School by Mayor Ludwig Kurz, Mayor Kurz introduced the recipients and presented them with $1000 scholarships, stating they were role models to their peers. The second item on the agenda was Proclamation #1, Series of 2001, a proclamation recognizing the efforts of Battle Mountain High School Men's Alpine and Nordic Ski Teams in achieving the State Championships for the year 2001. Mayor Kurz presented the team with a proclamation. Kurz asked the team members present to come forward and be recognized. Councilmember Moffet then made a motion to adopt Resolution #1, Series of 2001. Councilmember Navas seconded the motion. A vote was taken and the motion passed unanimously, 5-0. The third item on the agenda was Citizen Participation. There were no items brought forward. Mayor Kurz then announced a change to agenda, moving item #10, the appointment of various boards to the next item. Kurz stated the applicants had been interviewed in the afternoon work session and the Council was prepared to vote on the applicants. A ballot vote was conducted and the results were as follows: Art in Public Places - Barbie Christopher, Alan Kosloff and Kathy Langenwalter is Planning and Environmental Commission - Dick Cleveland Design Review Board - William Pierce and Charles Acevedo • A motion was made by Councilmember Navas to approve Barbie Christopher, Alan Kosloff and Kathy Langenwalter as newly appointed AIPP board members. Councilmember Foley seconded the motion. A vote was taken and the motion passed unanimously, 5-0. A motion was made by Councilmember Navas to appoint Charles Acevedo and William Pierce to Design Review Board. Councilmember Greg Moffet seconded the motion. A vote was taken and the motion passed unanimously, 5-0. Another motion was made by Councilmember Navas to approve Dick Cleveland to the Planning and Environmental Commission. Councilmember Foley seconded the motion. A vote was taken and the motion passed unanimously, 5-0. Mayor Kurz thanked all the applicants that applied for the positions, acknowledging the time and energy that went into filling these positions. The fourth item on the agenda was an overview of the Town of Vail and Vail Resorts Environmental Programs and a look at possible partnerships between the programs. Russ Forrest, Community Develoopment Director, stated his department had made a presentation a month ago, and were now coming back to give more details as to where the Town and VRI can do better. Russ Forrest addressed the council, highlighting what Town of Vail and Vail Resort Inc. are doing as partners to enhance the program. He stated the town had been working with VRI since 1994, making significant progress. • Bill Jensen, VRI Chief Operating Officer in Vail, spoke to the Council, addressing some of the programs being implemented by VRI. John Getschell and Adam Palmer, responsible for activities on Vail Mountain, reviewed steps being taken to protect the environment, including recycling as much as possible, the use of biodegrading products and caring for the needs of people and respecting, protecting habitat for bio-diversity spoke of preservation of our environment being the key to success. Also mentioned was the way in which statements to guests on trailmaps pointing out care about the environment was one of the ways in which VRI was asking guests to get involved. The goals of VRI were addressed by Getschell. Adam Palmer, environmental coordinator for Vail Mountain, addressed Vail's increased recycling trends. He stated electricity use was significantly higher, mostly due to snowmaking. Also their diesel use is highest in winter months. Palmer noted the Game Creek Club has produced almost zero waste with new methods of treating waste. The TOVNRI carpool sweepstakes was reviewed, with 1000 vouchers having been given out since March 61h Patick Hamel reviewed plans in place by the Town of Vail, reviewing the town's vision statement, goal areas, and specific environmental programs. He stated the town has a pick up service (800 number) to pick up hazardous waste, noting that 10 tons of trash are collected during spring clean up. Russ Forrest reviewed opportunities for partnership with VRI, including speaker series • on Sustainable Development and Construction . He suggested a town resolution to adopt the efforts of the two entities would be a natural step. Mayor Kurz • thanked participants for the informative update, noting the Town Council felt this was an important part of their mission statement. A question regarding composting was raised. Councilmember Diana Donovan stated she was all for supporting this program and was willing to make an effort to enforce it. Councilmember Sybill Navas commended the ski company for the carpooling incentive. Councilmember Greg Moffet agreed with the other Council members' comments, noting the carpooling idea should be a part of parking discussions. Councilmember Kevin Foley stated more communication was needed to get the community involved. Mayor Kurz agreed with all comments made, stating this would be a good topic to be used in a public retreat. He reemphasized the willingness of the town and Vail Resorts Inc. to work together and hoped the community would join in the effort. Mayor Kurz stated the Europeans visiting Vail were surprised by the lack of environment sensitivity, stating residents in Europe were fined for not separating their recyclable. The fifth item on the agenda was a presentation by the Division of Wildlife (DOW) regarding bear issues in the Town of Vail. Patrick Hamel, Environmental Specialist, addressed the Town Council, stating he had met with Bill Andree of the U.S. Forest Service on several occasions regarding bear issues, noting that the biggest problem was trash. This issue was brought up in 1994 regarding bear proof containers, noting the expense • had gone up considerably. Bill Andree addressed the Council, stating this was more of a people problem and once the trash problem was solved, the majority of the bear problem would be solved. He stated 123 calls had been made to the Vail Police Department between July and October last year regarding bears, making Vail #3 in the County for bear citings. His concern was that someone would take matters into their own hands. He suggested an ordinance be passed to address the issue, issuing citations after a warning had been issued. Bill addressed the issue of composting, stating he was not sure if it was bearproof. He stated the Forest Service would not be able to support if it was not. A slide presentation on solutions for bearproof trash followed. Andree stated the goal was to go bearproof everywhere, but the cost was expensive - containers running from $600 - $1200. He stated this could be another big year for bears. Andree stated some bears had been moved, but this was not successful, as they returned again the following year. Councilmember Greg Moffet asked how much the bear issue was related to the drought and Bill stated approximately 60% of citings were due to this problem. He also stated the hunting season for bears was in the fall only. Councilmember Diana Donovan stated she also believed this was a people problem and suggested a better public education process might help. Town Manager Bob McLaurin agreed with Donovan, stating the town had been working with the Department of Wildlife to create a website informing the public on bear issues. McLaurin also suggested the town do a mailing as an education project to inform the public. Sally Jackie, Matterhorn resident, addressed the Council, stating it was each . resident's moral duty to take personal responsibility to ensure food and other attractors such as bird feeders, pet foods, etc., not be left out to encourage the bears. It was suggested that adopting regulations would make it more difficult to leave garbage out. It was also noted the 2"d homeowners or absentee landlords need to provide a more suitable place for trash. Mayor Kurz asked staff to continue to work with DOW to start an education program and revisit enforcement opportunities. Councilmember Greg Moffet stated several multi -units have open dumpsters. He encouraged management companies to properly enclose dumpsters. Moffet also asked citizens to look for creative solutions to the problem. The sixth item on the agenda was the first reading of Ordinance #5, Series of 2001, an ordinance amending the Town Code, Title 12, Chapter 13. Allison Ochs, town planner, presented the ordinance to Council. Ochs stated the Council had reviewed the ordinance during their afternoon work session, and she had made the changes as requested. Councilmember Greg Moffet made a motion to approve Ordinance #5, Series of 2001, on first reading. Councilmember Kevin Foley seconded the motion. Mayor Kurz called for public input. There was none. Councilmember Diana Donovan suggested leaving in Item B on first reading, asking for additional information on GRFA before second reading. Councilmember Greg Moffet stated he felt there should be a separate discussion on • this item. Councilmember Sybill Navas asked staff to come back quickly with a response and felt she would oppose this ordinance on that ground. Councilmember Diana Donovan agreed with Councilmember Navas, feeling the ordinance should be more restrictive, and hoped this would get closer to what the Council had in mind on second reading. Town Attorney Moorhead stated the Council would need four affirmative votes to pass on first reading. Councilmember Greg Moffet made a motion to table this ordinance. Councilmember Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, 5-0. The seventh item on the agenda was the first reading of Ordinance #7, Series of 2001, a supplemental ordinance making supplemental appropriations and budget adjustments from the Town of Vail Heavy Equipment Fund, Real Estate Transfer Tax Fund, General Fund, Capital Projects Fund, of the 2001 Budget and the Financial Plan for the Town of Vail. Thompson stated the first supplemental appropriation is primarily needed to fund projects that take more than one year to finish. The amount budgeted in a prior year, but unspent, is what is referred to as the rollforward amount. Out of the proposed $2.7 million in supplemental appropriation, $2.1 million is funded by unspent budgets from 2000, with the balance of the supplemental appropriation at $602,571, The largest projects included in the $602,751 requiring additional monies include: 3rd sheet of ice, . $150,000; smart bus technology, $250,000; Vail Center design, $235,000. The $87,000 for RETT collection costs was on the schedule of RETT expenditures that the Town . Council approved for the 2001 budget, but the amount was inadvertently excluded from the appropriation. Thompson stated the town ended the year 2000 with healthier fund balances than anticipated by the following amounts: (Unaudited) General Fund $1.3 Million Capital Projects Fund $1.4 Million RETT Fund $1 Million Heavy Equip Fund $204,247 Councilmember Sybill Navas questioned the third sheet of ice — and Vail Center financing. Thompson stated this was a new contract. Councilmember Greg Moffet made a motion to approve Ordinance #7, Series of 2001, on first reading, and Councilmember Kevin Foley seconded the motion. Councilmember Foley verified the projects to be completed included Vail Valley Drive, the soccer field to Golden Peak. Councilmember Diana Donovan reiterated her feelings on the $235,000 proposed for the Vail Center, stating she did not feel the town was ready to commit to this, along with the $30,000 proposed for the municipal building site study. Donovan also stated she did not support the Donovan Park pavilion as currently designed. Donovan also stated she did not like the idea of using real estate transfer tax (RETT) funds to pay for the pavilion. Donovan then read a written statement as to why she was opposing the use iof RETT funds. Donovan stated she would vote against this ordinance. Councilmember Sybill Navas stated she did not agree with Councilmember Donovan's comments on the pavilion at Donovan Park, stating the structure was for recreation use. Navas stated the proposed pavilion would not cost $10 million, but most of the expenses would be spent on the 12 acre park road improvements. Carol Hymers, Matterhorn resident, suggested this building on the lower bench might possibly sunset the tax, thus ensuring a loss of revenue. She suggested finding alternative ways to fund the building. Guy Ayrault stated there were different opinions as to the use of real estate transfer tax to fund the pavilion, stating his interpretation of the RETT ordinance was that the funds were to be used for incidental buildings only. After further discussion, a vote was taken on the motion and the motion passed 4-1, Donovan opposing. The eighth item on the agenda was the second reading of Ordinance 2, Series of 2001; an ordinance amending the Town of Vail Subdivision Regulations to allow for the creation of a subdivision exemption and correction plat review process. Brent Wilson, Town of Vail planner, addressed the Council, stating that after further reviewing the ordinance with the Council, the department felt the ordinance did not meet the objectives outlined by the staff at the outset of the process and requested the . Council to allow him to return with another ordinance that more clearly outlined the objectives requested by staff and a concerned citizen. Councilmember Greg Moffet made a motion to table Ordinance #2, Series of 2001. Councilmember Navas seconded the motion. A vote was taken and the motion passed unanimously, 5-0 . The ninth item on the agenda was the request for approval of the Vail Meadows Filing No. 2 purchase of Lots 1, 2, 3, and 4. Russell Forrest, Community Development Director, presented the request to the Council, stating the Town of Vail had the opportunity to purchase Lots 1 through 4, Vail Meadows Filing 2 for a total amount of $155,000. Forrest stated all four lots were listed as high priority acquisitions in the Town of Vail Open Lands Plan. Forrest noted the Town of Vail had previously acquired Lots 5-12, Vail Meadows Filing No. 2 in 1992 and those properties were presently zoned as Natural Area Preservation District. Russell Forrest stated there is a roadway easement in place that would provide access for a pedestrian bridge to be constructed. This creek crossing would provide access for residents to the forest just beyond the lots. The purchase contracts contained covenants, which have been reviewed by the Town Attorney and staff and are consistent with the Open Lands Plan. A motion was made by Councilmember Greg Moffet to approve the purchase of these lots. Councilmember Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, 5-0. The next item on the agenda was the Town Manager's Report. Town Manager Bob McLaurin stated he had reviewed the report with the Council in the afternoon . worksession and had nothing further to add. Kaye Ferry addressed the Council, stating she was confused by the general sign code item, and suggested moving the discussion until ,dune when more business owners were in town. Town Manager McLaurin stated his staff would put together a presentation to be reviewed by Town Council and then a date for public discussion would be set. Councilmember Foley reminded the Council of the Annual Family Carnival on Sunday to benefit the local youth. A motion was made by Councilmember Foley to allocate $500 to benefit the event. Councilmember Donovan stated her disapproval of these last minute requests for donations, stating these groups should be considered along with all other requests during the contribution request period during budget hearings. Councilmember Greg Moffet seconded Foley's motion. Councilmember Sybill Navas stated she agreed with Diana's comments and felt it was the Recreation District's duty to provide these activities, along with the fact that the town made a substantial contribution to them each year already. Mayor Kurz stated that in good faith he would be voting for the motion. A vote was taken on the motion and the motion passed 3-2, Diane Donovan and Sybill Navas opposing. As there was no further business, a motion was made by Councilmember Greg Moffet to adjourn the meeting. Councilmember Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, 5-0. • The meeting was adjourned at 9:20 P.M. rj ATTEST OF SEAL WitPD�ti�,� Lo ei I>6naldson, own Clerk Minutes taken by Mary A. Caster 11 Respectfully submitted, x Id" � 4,- Ludwig Kur;Umayor