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.
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ATTEST
OF
SEAL
WitPD�ti�,�
Lo ei I>6naldson,
own Clerk
Minutes taken by Mary A. Caster
11
Respectfully submitted,
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Ludwig Kur;Umayor