Loading...
HomeMy WebLinkAbout2001-05-01 Town Council Minutes• 0 VAIL TOWN COUNCIL - MINUTES TUESDAY, MAY 1, 2001 7:00 P.M. The regular meeting of the Vail Town Council was held in the Town Council Chambers on Tuesday, May 1, 2001. The meeting was called to order at approximately 7:00 P.M. COUNCIL MEMBERS PRESENT: ABSENT: STAFF MEMBERS PRESENT: Sybill Navas, Mayor Pro -Tern Chuck Ogilby Diana Donovan Rod Slifer Kevin Foley Greg Moffet Ludwig Kurz, Mayor Bob McLaurin, Town Manager Pam Brandmeyer, Asst.Town Manager Tom Moorhead, Town Attorney The first item on the agenda was citizen participation. Josef Staufer, local resident and business owner, referenced today's Vail Daily regarding day skiers doing very little for the community. Staufer stated he had heard rumors that the town was going to provide parking for day skiers. Staufer stated that although it was a good idea to expand the Lionshead parking structure, it felt it was wrong to tax local taxpayers to pay for the structure, feeling that Vail Resort Inc. should pay for it. The second item on the agenda was the first reading of Ordinance No. 10, Series of 2001, an ordinance authorizing the conveyance of fee title to the following real property owned by the Town of Vail and located at 770 Potato Patch Road. Tom Moorhead, Town Attorney, presented the ordinance to the Council, stating that on December 1,1994, the Town of Vail acquired the care taker unit at 770 Potato Patch Drive Condominiums for $76,000. The Town was able to acquire this unit as a result of a law suit filed by the Federal Deposit Insurance Corporation against the Town of Vail and 770 Potato Patch Drive Condominium Association to remove a restriction on the unit being utilized as a care taker unit and not to be sold separate from the other common elements of the Association. FDIC had acquired the title to the unit as Receiver of Silverado Banking, Savings and Loan Association upon its failure. The Town of Vail received the property by Quick Claim Deed from Silverado Investment Company without restrictions on resale. The last appraisal on the unit was $215,000. The unit has been rented to a Town of Vail employee for $850 a month. This unit, due to its value and due to the expensive monthly assessments and special assessments, is not ideal as an employee housing rental unit. It is believed that a sale could be consummated which would provide the opportunity to buy one or two additional units that would more appropriately function as housing for employees. Moorhead stated this ordinance was being brought back per Council instruction. He stated the unit was purchased at a very favorable price and had been rented to Town of Vail employees since the purchase. He stated proceeds received from the sale would be used to purchase more affordable housing. Councilmember Diana Donovan stated she supported the sale of this unit, but did not feel she could vote for this ordinance until a contract has been written for the sale to reassure citizens the sale of town land was in place. Councilmember Chuck Ogilby stated he was not in favor of getting rid of any housing units, and the town should use all available funds for buy downs. Councilmember Greg Moffet made a motion to approve Ordinance #10 on first reading. Councilmember Rod Slifer seconded the motion, requesting Moffet add to his motion that Council must approve of the sale and that proceeds will be used specifically for buydown units. Councilmember Greg Moffet stated the ordinance specifically provided that Council must approve the sale of any property, with the proceeds being used to acquire to purchase additional properties. Councilmember Kevin Foley stated the money would be put towards a better unit and the town would have to receive the proper money for the unit. Councilmember Rod Slifer agreed with Councilmembers Foley and Moffet. • Councilmember Diane Donovan felt discussion held at the afternoon work session was cut off and "snippy." Councilmember Sybill Navas suggested having a full discussion right then. Navas stated she intended to add her recommendation to direct the listing agent to include a "must exceed price" of an agreed upon amount. Navas agreed with Councilmembers Moffet and Foley that it was not affordable to keep this unit as an employee housing unit. There was no public input on the ordinance. A vote was taken on the motion and the motion passed 4-2, Councilmembers Donovan and Ogilby opposing. The third item on the agenda was a discussion on the Vail Center and Formation of the 501(c)(3). Russ Forrest, Director of Community Development, addressed the Council, asking for go-ahead to form the 5010(3). John Horan -Kates, WhiteRiver Institute, addressed the Council, stating the document had been reviewed by the town staff and legal counsel. Horan -Kates stated it was time to move on this to begin the application process to receive tax exempt status and move forward with the financial plan. Russell Forrest, Community Development Director, stated it was appropriate to move forward, as it was critical to the plan. Forrest asked the Council if they were comfortable in forming this group, and initial formation of the slate of directors. Councilmember Greg Moffet verified Council with Russ Forrest and John Horan -Kates that Council would maintain control through legal documents between the town and the 501 c3, including a land lease or operating agreement. John Horan -Kates stated he was in general agreement. Councilmember Moffet suggested a recreation advocate be appointed to the board, • naming Diane Johnson as a possible candidate. Moffet also stated the board should have an odd number of members. Horan -Kates stated the principal function of the Board was fund raising. Councilmerber Sybill Navas asked how these people were chosen to be on the initial Board of Directors. Horan —Kates stated they were made up of people he had worked with in the past and were people that could be counted on for support and work. Horan -Kates stated there was definitely room for growth on the Board and this was just the initial contact list. Councilmember Navas pointed out there was no one on the list involved in the arts. Councilmember Rod Slifer stated the second home owners also needed to be represented. Horan -Kates read the list of names currently to be considered for the Board, stating the Board would be expanded. Horan —Kates stated he hoped the Council would approve the slate to allow for the filing of documents with the Secretary of State. Town Attorney Moorhead stated the approval of the the 501 c3 would not have to be approved by a motion, however, an approving vote would show Council support. Councilmember Greg Moffet then made a motion to approve the recommended slate and organization with the stipulation that the Board be expanded to recreation, the arts, and second home owner representatives. Councilmember Rod Slifer also requested the motion include the Board file for incorporation. Councilmember Moffet added the request to his motion. Councilmember Slifer seconded the motion. Councilmember Diana Donovan questioned the operational issue and advocated an expansion of the board to represent a broader cross-section of the community. Russ Forrest stated the Council was not conveying any rights or ownership. Kaye Ferry, President of the Vail Chamber and Business Association, questioned who would be running the Vail Center, stating this information had not been discussed and felt it needed to be scheduled for a future Council meeting. Councilmember Slifer stated that lengthy discussions with Horan -Kates' group had been held about forming this entity, but theyhad not discussed specifically who will run it. Councilmember Kevin Foley stated a working detailed business plan was being prepared by Horan --Kates and asked when the Council could expect to see it. Horan —Kates responded it should be ready in the next two months. Russ Forrest stated the plan would be presented to the Council sometime in July. Jim Lamont, East Vail Homeowners Association, addressed the Council, stating that a 501- c3 could be applied for by any entity, not giving Horan -Kates an exclusive franchise on the fund raising for the Vail Center. Rick Scalpello, local resident, addressed the Council, stating he was confused by what was being proposed, but was assured by the Council that the meetings in July would address everyone's concerns and issues. After further discussion, a vote was taken to approve the filing of the articles of incorporation with the recommendation that the Board be expanded to include representatives from the arts, recreation and second homeowners, as well other interested parties. A vote was taken on the motion, and the motion passed 5-1, Councilmember Diana Donovan opposing. The fourth item on the agenda was the consideration of approval of the Waterhouse Encroachment Agreement. Tom Moorhead, Town Attorney, presented the item to the Council, explaining that Stephen and Linda Waterhouse received approval to construct a 2-car garage on their property located at 285 Forest Road. The Planning and Environmental Commission granted a variance to allow the garage to extend into the front set -back consistent with the garage that was being demolished to provide for the construction of the present garage. After the garage was constructed it was determined through an ILC survey that the garage encroached 7" across the property, line and onto the Town of Vail right-of-way. The Waterhouses have previously requested Council's approval of the encroachment and upon motion to approve the encroachment it failed to pass due to a 3 to 3 Council vote. Subsequently the Waterhouses filed a complaint in the Eagle County District Court seeking issuance of a Certificate of Occupancy. The town filed a counterclaim seeking a mandatory injunction compelling removal of the encroachment and for damages for trespass on the town's land. Following a hearing on the town's request for mandatory injunction the District Court dismissed the town's counterclaim requesting that the garage be removed from the right-of-way and ordered that the Waterhouses be permitted to occupy and use the garage and to convey the same as an appurtenance to the property. Moorhead stated that by entering into this Encroachment Agreement, it will allow the parties to settle the dispute and discharge all past and present claims with respect to the garage and the property. By the terms of the Encroachment Agreement, the Waterhouses will be paying $30,000 to the Town of Vail and the town will be an additional insured on the Waterhouses' insurance policy for any damages that may result due to the location of the garage. Attorney John Dunn, representing the Waterhouses, was present for questions and comments. As there were no further comments, Councilmember Kevin Foley made a motion to approve the agreement. The motion was seconded by Councilmember Rod Slifer. Councilmember Greg Moffet stated he would be voting against this judgment, stating he did not feel the District Court judgment would stand up in court on appeal. Councilmember Diana Donovan stated she would be voting in favor only because the garage was where it was, but felt the town had no excuse losing this case, stating that it was perfectly clear where the garage was supposed to be built. Mayor Pro-Tem Sybill Navas voiced concern over setting a precedent, but Town Attorney Moorhead assured her that this would do just the opposite in ensuring this did not happen again. There was no public comment. A vote was taken and the motion passed 5-1, Councilmember Moffet opposing. The fifth item on the agenda was the discussion of the Town of Vail Election Process for the Vail Center Vote. Pam Brandmeyer, Assistant Town Manager, and Lorelei Donaldson, Town Clerk, addressed the Council, stating the time was getting close to decide which type of election the Council preferred to have in November. Brandmeyer and Donaldson referred to the memorandum in the Council's packet, relating to deadlines for submittal of information to Eagle County. The two choices given the Council were to combine the municipal election with the County election in November, which is a mail -in ballot, or to hold an independent election for Town of Vail issues. It was noted that 4 Council seats were up for election this November. The Vail Center issue would also be a part of this ballot. Town Manager McLaurin stated a decision did not need to be made this evening, this item was being presented for information purposes only to let the Council start thinking about their preference. A discussion followed regarding the timeframes between the two methods of election, as well as the confusion the two separate elections caused among the voters. Town Manager McLaurin advised the Council that numerous public announcements would be needed to let the public know that it would be necessary to vote two different times. Councilmember Navas stated she did not feel the Council would be ready 3 weeks earlier to submit their election requests to the County and that there was a definite impact on the Vail voter to actually come to the polls to vote on election day. Councilmember Kevin Foley inquired about the statement that the town had lost approximately 1000 electors in the last election. Town Clerk Donaldson stated this was due to the County purging names of anyone not voting in the last 2 general elections. Donaldson also stated the cost of an at -the -pall election was approximately $8-10,000, while a coordinated election with Eagle County costs the Town of Vail approximately $3-4 thousand dollars. After further discussion, Councilmember Greg Moffet made a motion to hold an at -the -poll election and to alert registered voters of the need to vote in both elections. Councilmember Kevin Foley seconded the motion. A vote was taken on the motion and the motion passed 5-1, Councilmember Diana Donovan opposing, stating she felt this was a waste of town money. The sixth item on the agenda was the Town Manager's Report, Town Manager Bob McLaurin stated he had nothing to add to the report. In regard to the Dobson Arena • update, Councilmember Foley suggested additional public notification be given regarding temporary road closures associated with the construction. Foley also commented on the new wayfinding directional signs posted in Vail. 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 meeting was adjourned at 8:45 P.M. ATTEST; L r ei onaldson, Town Clerk Minutes taken by Mary A. Caster 0 Respectfully submitted, Oil vas, May Pro-Tem SEAL _ :=V