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HomeMy WebLinkAbout2001-06-05 Town Council Minutesa • 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. M 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 • 0 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, y 6EAL 7 Ad 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. 0