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Home My WebLink About2002-10-15 Town Council Minutes• TOWN COUNCIL EVENING MEETING TUESDAY, October 15, 2002 7:00 P.M. TOV COUNCIL CHAMBERS The regular meeting of the Vail Town Council was called to order at 7:00 P.M. on Tuesday, October 15, 2002. MEMBERS PRESENT: Ludwig Kurz, Mayor Rod Slifer, Mayor Pro -Tern Dick Cleveland Diana Donovan Bill Jewitt Greg Moffet Chuck Ogilby STAFF MEMBERS PRESENT: Bob McLaurin, Town Manager Pam Brandmeyer, Asst. Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. Bruce Campbell, candidate for County Coroner, introduced himself and passed out a • biography listing his qualifications for the position. Earlene Roach, candidate for County Clerk and Recorder, introduced herself to the Council, stating she has worked in the Clerk and Recorder's office for 23 years. Kara Bettis introduced herself to the Council, stating she was also running for County Coroner. Bettis also handed out a campaign brochure. Art Kleimer, long time local, addressed the Council, offering to raise 50% of the purchase price of Lot 15, Vail Meadows, 2nd Filing, stating the lot was very steep and would be difficult to build a home on. Paul Rondeau, Vail local, thanked the Council for adopting the revised parking plan. Rondeau sugPested development of options accompanied with a recommendation to help stem "11t hour" maneuvering. The second item on the agenda was the Consent agenda. Town Manager Bob McLaurin stated an Intergovernmental Agreement between the Town of Vail and Eagle River Water and Sanitation District had been discussed at the afternoon worksession, to lay the sod at Donovan Park that had been postponed during the summer, due to the water shortage. McLaurin stated the town had agreed to restrict other watering to make up for the difference. Greg Moffet moved to approve the intergovernmental agreement. Diana Donovan seconded the motion and asked McLaurin to advise the audience how much water the town had saved this summer. McLaurin stated the town had used 5 million gallons of water last June and reduced their consumption to 1 million in August. A vote was taken on the motion and the motion passed unanimously, 7-0. The third item on the agenda was the formalization of a Streetscape Committee. Mayor Kurz stated the Council was working on a plan to form a small committee, consisting of four Councilmembers and members from the community. Kurz stated Diana Donovan, Chuck Ogilby, Dick Cleveland and Rod Slifer had volunteered to serve F:mcasterlagenda/tcmeett200211015O2 1 on the committee. Rod Slifer then moved to approve the committee formation and Rill Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The fourth item on the agenda was Resolution #16, Exhibit. G, Series of 2002, adopting a 5 year Capital Projects Planning Document. Town Manager McLaurin stated the document referred to as "Exhibit G" was a part of the FY2003 budget planning document, which outlines the next 5 years projects that the town wants to construct. Attorney Matt Mire advised the Council the budget was only for 2003 and the capital appropriations would lapse at the end of the year. Bill Jewitt made a motion to approve Resolution #16 and Chuck Ogilby seconded the motion. Diana Donovan asked for assurance that the resolution did not lock the Council into anything. Town Manager McLaurin stated the document only outlined the town's intention of building in the next 5 years. Chuck Ogilby reminded the Council he had worked hard to ratify intent of the capital improvements, stating the community needed to know where the town was going in the next 5 years. A vote was taken and the motion passed 6-1, Greg Moffet opposing. Moffet explained his opposition, stating he did not feel the town should be budgeting around a mill levy they were not sure they were going to get. The fifth item on the agenda was the first reading of Ordinance No, 28, Series of 2002, an ordinance amending Section 12-813-3 (Conditional Uses), Vail Town Code, to allow for "seasonal use or structure" as a conditional use in the Outdoor Recreation zone district; text amendments to Section 12-2-2 (Definitions), Vail Town Code, to amend the definitions of "seasonal use or structure," "recreation structure," and "recreational amenity," and setting forth details in regards thereto. • Bill Gibson, Town attorney, stated the Vail Junior Hockey Association and the Vail Recreation District is requesting to amend the Vail Town Code. Amendments to the Vail Town Code are permitted pursuant to Section 12-3-7,Vail Town Code. The proposed amendments include a text amendment to Section 12-8B-3 (Conditional uses), Vail Town Code, to allow for "seasonal use or structure" as a conditional use in the Outdoor Recreation zone district; text amendments to Section 12-2-2 (Definitions), Vail Town Code, to amend the definitions of "seasonal use or structure," "recreation structure," and "recreational amenity." These proposed text amendments intended to facilitate the construction of a seasonal ice rink at the Vail Golf Course driving range site. Bill Gibson, town planner, advised the Council the Planning and Environmental (PEC) had reviewed the request and had recommended approval from the Town Council. Gibson stated he had received written correspondence from Vail golf course townhomes. Town Attorney Mire advised the Council the PEC had recommended 3 years be included as part of the conditional use, as the PEC did not think it should be codified in the town code, but reviewed on a case -by -case basis. Rick Pylman, representing Vail Junior Hockey Club, addressed the Council requesting the Vail ice dome be approvedm feeling the staff had identified the correct process. Art Alplanalp, attorney representing Phases 2, 3, and 4 of the Vail golf course town homes, addressed the Council, stating he was mainly concerned with the zoning of the ice bubble. Alplanalp stated his clients had no difficulty with the PEC decision, and expressed concern that the bubble have periodic review. Alplanalp also expressed appreciation of staff's' concerns and felt a workable solution could be attained. Greg Moffet then moved to approve Ordinance #28 on first reading. Dick Cleveland seconded the motion. Rod . Slifer stated he felt the motion should include the conditions of the PEC, referring to the planning commission's findings on page 15 of the staff memo, sections 8 and 9. Greg Moffet amended his motion. Dick Cleveland amended his second. Gretchen Busse, a F:mcaster/agendaltcmeet/20021101502 2 Vail golf course resident, addressed the Council, stating she was disturbed the homeowners' concerns were disputed and dismissed and requested the. Council reconsider their decision. Debbie Webster, founder of Skating Club of Vail, addressed the Council, stating she believed Vail needed a second sheet of ice and volunteered to pull a group of skating organizations together to work on plans for a permanent facility. Attorney Mire clarified the conditional use was for a one year period. Bill Jewitt expressed his desire for an outdoor skating rink. A vote was taken on motion and the motion passed unanimously, 7-0. Attorney Mire advised a �ublic hearing and second reading of the ordinance would be held on Tuesday, Nov. 5t . The sixth item on the agenda was Ordinance No. 29, Series of 2002, first reading amending Section 12-BB-3 (Conditional Uses), Vail Town Code, to allow for "public utility and public service uses" as a conditional use in the Outdoor Recreation zone district and setting forth details in regards thereto. Rod Slifer stated he had a conflict with this issue and would recuse himself from this item. Bill Gibson addressed the Council, stating this a special use to zone district. Public Service associated project. Gibson stated the PEC and staff were in favor of the amendment referring to the staff memo. Dick Cleveland expressed his support of what the PEC had done, and requested that definitions of "public utility" and "public service" be added to the ordinance before second reading. Greg Moffet then moved to approve Ordinance #29 on first reading, with the additions requested by Cleveland. Dick Cleveland seconded the motion. A vote was taken on the motion and the motion passed 6-0, with Slifer abstaining. The seventh item on the agenda was Ordinance 27, Series of 2002, acceptance of a new Katsos Ranch right -of way and vacating right-of-way consistent with the final plat for the Vail Mountain School Subdivision. Community Development Russ Forrest stated no changes had been made to this ordinance from first reading. Greg Moffet moved to approve Ordinance 27 on first reading. Bill Jewitt seconded the motion. Rod Slifer stated he served on the board of trustees for the Vail Mountain School, but felt he could still vote on this issue. Diana Donovan suggested Slifer not vote, feeling confident the motion would pass without his vote. A vote was taken and the motion passed 6-0, Slifer abstaining. The eighth item on the agenda was Ordinance #26, Series of 2002, second reading, sale of the Old Town Shops. Town Manager McLaurin advised the Council this ordinance should have been pulled from the agenda, stating that all the details had not been worked out on the sale, and the ordinance would be brought to the Council at such time as the details had been finalized. Dick Cleveland made a motion to table Ordinance #26, and Greg Moffet seconded the motion. Diana Donovan asked to have a date stated as to when the ordinance would be brought back. Cleveland amended his motion to include the date of November 5, 2002, for second reading of the ordinance. Greg Moffet amended his motion. A vote was taken and the motion passed as amended unanimously, 7-0. The ninth item on the agenda was the Town Manager's Report. McLaurin stated he had nothing to add to his report. • As there was no further business, Greg Moffet made a motion to adjourn and F:mcasterlagendaltcmeet120021101502 3 • Bill Jewitt seconded the motion. The meeting was adjourned at 7:40 P.M. Respectfully submitted, 114 OF SEAL Ludwig Kl.i z, Mayor ATTIE T: t oto O" rele' Donaldson, Town Clerk Minutes taken by Mary A. Caster F:mcasterlagendaftcmeet/20021101502 4