HomeMy WebLinkAbout2001-06-05 Town Council Minutesa
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VAIL TOWN COUNCIL
MINUTES
Tuesday, June 05, 2001
7:00 P.M.
Members present:
Absent:
Staff Present
Ludwig Kurz, Mayor
Sybill Navas, Mayor Pro-Tem
Diana Donovan
Kevin Foley
Greg Moffet
Chuck Ogilby
Rod Slifer
Bob McLaurin, Town Manager
Pam Brandmeyer, Asst. Town Manager
Tom Moorhead, Town Attorney
The first act of the Vail Town Council was to sit as the Vail Local Housing Authority. As
doing such, the Authority elected five (5) appointees to the Vail Housing Authority.
Mayor Kurz commented on the ten highly qualified applicants, stating that only five of
these applicants could be appointed according to state statute. Kurz stated he hoped
the others would remain interested in serving on a town board in the future. At that
point a vote was taken and the following applicants received the highest number of
votes:
Sally Jackle
Mark Ristow
Steve Lindstrom
Kim Ruoloto
Chuck Ogilby (Council representative)
Councilmember Greg Moffet made a motion to recommend the above five names for
appointment to the local housing authority. Councilmember Sybill Navas seconded the
motion. Mayor Kurz stated the terms of office would be established at an up -coming
meeting. A vote was taken and the motion passed unanimously.
The Council then returned to the regular evening session sitting as the Vail Town
Council.
The first item on the agenda was citizen participation. Mayor Kurz asked that the
audience keep their comments short and to the point. Bob Armour, former Vail Mayor
and local resident, thanked Suzanne Silverthorn for her department's continued work
• on the Internet website, as well as providing an e-mail information service to
subscribers, calling it a great asset. Armour then thanked Tom Moorhead, outgoing
• Town of Vail attorney, for his work over the past 8 years, commending his service and
dedication to the benefit of the Town of Vail.
Next, Paul Rondeau, Vail resident, presented a series of alternative financing sources
for the Vail Center to the Council, to be considered in addition to property tax
increases. Rondeau referenced Vail Tomorrow, where the idea of a hub site had
originated. Rondeau called his concept "EPIC" — Everyone Participates in Contributing.
Jim Lamont, Vail Village Homeowners Association, stated his interest in pursuing
Rondeau's proposal of alternative financing for the Vail Center.
The second item on the agenda was the Consent Agenda.
Approval of May 1, 2001, minutes
Approval of May 15 , 2001, minutes Ordinance
Ordinance #11, Series of 2001, Electric Carts, 2"d reading
Councilmember Greg Moffet made a motion to approve the minutes from the May 1 and
May 15, 2001, Council meeting with corrections noted at the worksession.
Councilmember Kevin Foley seconded the motion. A vote was taken and the motion
passes unanimously, 5-0.
• Councilmember Greg Moffet then made a motion to approve Ordinance No. 11, Series
of 2001, on second reading. Councilmember Sybill Navas seconded the motion.
Councilmember Diana Donovan recommended two amendments relating to modifying
the ordinance to allow town regulation of the number of carts used in Ford Park, as well
as broadening the definition of prohibited uses. Councilmember Moffet amended his
motion to include Donovan's recommendations. Councilmember Navas amended her
second. A vote was taken on the motion, and passed unanimously, 5-0.
The third item on the agenda was the discussion of the Meadow Drive Streetscape project:
Todd Oppenheimer, Town Landscape Architect/Capital Projects Manager, reviewed the
alternatives for the West Meadow Drive design. It was suggested that additional
meetings and presentations be made over the Fourth of July holiday to encourage
home owners to review the conceptual designs being offered for this area. Also
discussed were right-of-way issues and the construction schedule. Two solutions were
presented to the Council for review, one being the 2016 Solution, providing for a 20-foot
landscaped pedestrian area on the north side of West Meadow Drive and a six-foot
sidewalk on the south side, with two lanes for traffic and transit. The "Promenade"
solution called for a landscaped area between Chateau Vail and the Vail Road
intersection of Vail Road with a modified round -about proposed for the intersection of
Vail Road and West Meadow Drive. Joe Kracum of Washington Infrastructure Services
reviewed the construction schedule as well as information regarding encroachments
. into the right-of-ways, access to the Talisman property, impacts to Mayor' s Park, and
utility work. Kracum stated that if approvals from the Planning and Environmental
Commission, Design Review Board and Art in Public Places were all received by
October, work could commence in the spring of 2002. Mayor Kurz inquired as to
whether there was a strong favorite amongst the neighborhood at the present time.
Todd Oppenheimer responded, stating there was no clear favorite at this time. Dominic
Mauriello, representing the Vail Valley Medical Center and the Sonnenalp Hotel,
expressed his clients' interest in entering their locations from West Meadow Drive.
Public comment was received regarding the idea of a round -about and the effect it
would have on emergency vehicles getting on the road and getting in and out of private
residences. Mayor Kurz asked for comments from the Council. It was a general
consensus from the Council that the round -about would not serve a need. Council
requested Kracum and staff to stake out the conceptual plan for the area, and have it
ready for the Fourth of July weekend. Councilmember Navas suggested a joint meeting
with the Design Review Board. Mayor Kurz again expressed his appreciation of the
work of Joe Kreihm and his staff, stating the town had worked with his company in the
past and always had pleasing results, calling his coordination of projects exemplary.
The fourth item on the agenda was the First Reading of Ordinance 2, Series of 2001,
an ordinance creating two new chapters within the Subdivision Regulations: Chapter
12 — Exemption Plat Review Procedures and Chapter 13 — Administrative Plat
Correction Procedures. Brent Wilson, town planner, introduced the ordinance to the
Council, stating the ordinance had been discussed briefly earlier in the afternoon, and
• no changes had been made to ordinance from that time. The chapters, intended to
address the need to file plats for single pieces of properly and to provide plat correction
procedures, retain all public notifications required by the town code. Councilmember
Greg Moffet made a motion to approve on first reading. Councilmember Sybill Navas
seconded the motion. Councilmember Diana Donovan thanked Brent for clarifying the
questions she had on this subject. A vote was taken and the motion passed
unanimously, 5-0.
The fifth item on the agenda was the first reading of Ordinance #12, Series of 2001,
Curfew and Special Events Ordinance. Scott Jansen, Vail Police Officer, presented the
ordinance to the Council, responding to the Council's request for staff to put together an
ordinance to control Fourth of July and New Year's Eve celebrations in Vail. Tom
Moorhead, town attorney, stated the proposed curfews were a result of citizens' and law
enforcement's concerns as to safety of the public, as well as potential for disaster in Vail
Village. Moorhead stated the ordinance met the strong criteria, appropriate interests to
protect children and the public, and would be upheld by the courts. Jim Lamont, Vail
Village Homeowners Association, suggested the public should be given the opportunity to
view the tape, stating this was more of a public safety issue than not wanting a certain
class of people in Vail. Joe Joyce, homeowner in Matterhorn, expressed his support of the
ordinance, but felt concerned that the town may be going too far, as the articles in the
Denver Post were sending the wrong message. Joyce suggested starting with a curfew,
and not going far beyond that for now.
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Kaye Ferry, Vail Chamber, stated she had seen tape, and agreed that everyone wanted
safety, but felt the town should be taking smaller steps. Ferry stated she preferred staying
with the 17-year-old curfew and to review it after the Fourth of July to see what the results
were. Mayor Kurz stated that Councilmember Rod Slifer called in to reiterate his strong
sense of protecting the public during celebrations of this kind. Gwen Scalpello, private
citizen, stated she had talked with participants after last New Year's Eve, and the reaction
was that they were very afraid and had a bad impression of Vail. Councilmember Sybill
Navas stated she had spoken to some young people in town on New Year's Eve as well,
and they went home terrified. Navas stated this was not the atmosphere Vail wants on a
holiday, and although she does not like the concept of a curfew, it is a public safety issue.
There are too many people and even with a large number of police officers, it will be
unenforceable if the same number of people are in the core. Kerry Donovan addressed
the Council stating this ordinance was not going to solve the real problem of young people
having a place to go — and that it would not keep the kids home, but rather send them
elsewhere to celebrate, creating more unsafe areas. Greg Morrison, police chief, stated he
knew the town would get criticized for this action, but anyone having seen the New Year's
Eve tape would realize a solution needs to be found to the problem. After much
discussion, Councilmember Greg Moffet made a motion to approve Ordinance #12 on first
reading. Councilmember Sybill Navas seconded the motion Councilmember Donovan
stated she supported the curfew, but could not support the 21-year-olds not being allowed
to go into the Village. A show of hands in favor of the ordinance showed Councilmembers
Moffet, Kurz and Navas in favor, with Councilmembers Donovan and Foley opposed. Per
Town Attorney Moorhead, the motion needed a majority of 4 votes to pass, or a majority of
the sitting Council, so the motion was defeated.
The sixth item on the agenda was the first reading of Ordinance #13, Series of 2001,
Open Container Ordinance. Councilmember Greg Moffet moved to approve Ordinance
#13 on first reading. Councilmember Sybil[ Navas seconded the motion. ScottJansen,
Vail Police Department, stated this ordinance would expand the town's closed container
boundary provision to include the Vail Village. A vote was taken on the motion and the
motion passed, 4-1, Councilmember Kevin Foley opposing.
At this point Councilmember Navas asked to return to Ordinance #12, Series of 2001, to
discuss alternate ways to approve the curfew portion of the ordinance, by removing the
special event portion. After some discussion, a motion was made by Councilmember Sybill
Navas to delete Sections 6-5-1 and 6-5-2 of the ordinance relating to Special Events
District. Councilmember Greg Moffet seconded the motion. A vote was taken and the
motion passed 4-1, Councilmember Kevin Foley opposing.
The seventh item on the agenda was the second reading of Ordinance #10, Series of
2001, an ordinance authorizing the Town of Vail to sell 770 Potato Patch housing unit,
which was acquired during a foreclosure proceeding. Town Attorney Moorhead stated no
changes had been made to the ordinance from first reading, and the property was
proposed to be listed with Remax Vail, at $220,000 with a 30 day exclusion to the Potato
Patch Homeowners' Association. Councilmember Greg Moffet made a motion to approve
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Ordinance #10 on second reading. Councilmember Kevin Foley seconded the motion.
Councilmember Diana Donovan asked why if the unit appraised at $225,000, why the
town was asking $220,000 for the unit. Town Attorney Moorhead stated that was the price
suggested by the real estate broker. Assistant Town Manager Pam Brandmeyer clarified
the appraised value of the property had come in at $215,000. Councilmember Moffet
changed his motion and ordinance to read $215,000. Councilmember Foley seconded the
motion. A vote was taken on the motion and passed unanimously, 5-0. The ordinance
was ordered published in full with the price corrected to read $215,000.
The eighth item on the agenda was the Town Manager's Report. Town Manager Bob
McLaurin thanked Tom Moorhead for the 8 years they have worked together and told
the Council they had .some "big shoes to fill" to find a replacement for Moorhead.
Councilmember Greg Moffet also thanked Moorhead for his dedication to the town.
Tom Moorhead thanked the Council and staff for their comments, stating he had enjoyed
working for the town and looked forward to new challenges at the County of Eagle.
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 motion
passed unanimously, 5-0, and the meeting was adjourned at 9:45 P.M.
`�;;�� �>�•;.} Respectfully submitted,
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Ludwig K, Mayor
ATTEST:
L ei Donaldson, Town Clerk
Minutes taken by Mary A. Caster
. MEMORANDUM
TO: Vail Local Marketing District Board Members
FROM: Steve Thompson, Finance Director
DATE: May 30, 2001
RE: FINANCING WORKING CAPITAL FOR THE VAIL LOCAL
MARKETING DISTRICT
The issue of funding working capital for the Vail Local Marketing District in the amount
of approximately $350,000 still needs to be resolved. At the end of 2001, the Vail Local
Marketing District will need to borrow from the Town of Vail approximately $350,000 as
working capital to fund the 2001 Marketing Program. The working capital of $350,000 is
needed due to the lag time in getting the lodging tax. I have discussed with the Vail
Local Marketing District's attorney, Paul Cockrell, what the options are for dealing with
this debt at the end of the year. The attorney, Paul Cockrell with Collins and Cockrell,
has recommended three different solutions for dealing with this debt at the end of 2001.
1. The town transfer $350,000 to the Vail Local Marketing District and the town
enter into an intergovernmental agreement with the Vail Local Marketing District
that this $350,000 is a loan from the town to the Vail Local Marketing District and
will be repaid if and when funds are available. However, the town and the Vail
Local Marketing District need to understand that this is merely a moral obligation
and not an absolute obligation. If the town wants an absolute obligation from the
VLMD that this money will be paid back, then the second option needs to be
pursued.
2. The second option is that a Tabor election is held in the fall which would allow
the district to borrow this money and would become a legal obligation of the Vail
Local Marketing District.
3. Loan the money between the town and the Vail Local Marketing District for the
year 2001. Enter into the intergovernmental agreement as described in Option
(1). In 2002, reduce the marketing budget by $350,000 and in 2002 pay the
$350,000 money back to the town. This solution would solve the problem
indefinitely, giving the district the working capital it would need in the future to
operate.
This issue needs to be resolved so that the 2002 budget for the VLMD can be prepared.
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