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HomeMy WebLinkAbout2002-01-15 Town Council MinutesVAIL TOWN COUNCIL EVENING MEETING TUESDAY, JANUARY 15, 2002 7:00 P.M. MEMBERS PRESENT: ABSENT; STAFF PRESENT. Rod Slifer, Mayor Pro-Tem Dick Cleveland Diana Donovan Bill Jewitt Greg Moffet Chuck Ogilby Ludwig Kurz, Mayor Bob McLaurin, Town Manager Pam Brandmeyer, Asst. Town Manager Allen Christensen, Acting Town Attorney In the Mayor's absence, Mayor Pro-Tem Rod Slifer convened the meeting. • The first item on the agenda was the Mauri Nottingham Environmental Award. Steve Caiimaris, town environmental health officer, presented the award winners to the Council. Maur! Nottingham, founder of the We Recycle program, thanked the sponsors who made the awards possible. Awards were presented as follows: Business Category: Sonnenalp Resort at Vail, for its environmentally -friendly practices; Individual Category: Caroline Bradford, for her efforts to preserve the Eagle River watershed; and Student Category: 15 year old Harrison Gillis for his work on a recycling program at Battle Mountain High School. The second item on the agenda was Citizen Participation. Laura Bell, Simba Run resident, addressed the Council requesting assistance in lifting a deed restriction on her 595 square foot unit, saying she had been misinformed regarding the length of the deed restriction. Bell stated she had originally been told that the restriction would expire in 2003 but was later informed that it was a permanent deed restriction. Town Manager Bob Mcl_aurin stated he would follow up on the matter. Kaye Ferry, Vail Chamber and Business Association, addressed the Council asking for resolution with the special events guidelines documents. Ferry stated the Association • had been working for months on these documents and needed an answer from the 1 Council. Ferry requested her item be scheduled for an upcoming work session. The third item on the agenda was an update on the proposed development at Berry Creek 51h Filing Housing Parcel. Nina Timm, housing authority coordinator, addressed the Council, stating this was a follow-up to a presentation made by Auerbach Southwest last year where Council provided direction to the developer regarding unit types. Timm stated the Town of Vail sold its share of the Berry Creek 51h Filing to Eagle County and as part of the purchase agreement the town and the county are equal partners in the housing developed on a portion of the site. In May, 2000, Eagle County and the town issued a Request For Proposals for a developer for the housing. Through a joint interview process Auerbach Southwest was chosen as the developer. Last summer Auerbach came with some preliminary site plans and unit types for Council to comment on. Based on the input received from both the county and the town a revised site plan has been submitted to Eagle County Planning. Representatives from Auerbach Southwest, the firm selected by Eagle County and the Town of Vail to develop affordable housing on the Berry Creek 51h parcel in Edwards, presented an update on the status of the project. Since Auerbach's last presentation to the Town Council which occurred during the summer, the project has been expanded from 16 acres to 31 acres and from 150 units to 282. Four housing types are proposed. They include a mix of single family homes, duplexes, town homes and mill -style lofts. Under an agreement signed in 1999 between the Town of Vail and Eagle County, the two entities are to be 50-50 partners in the housing development. The remainder of the • county -owned property, combined with the adjacent Miller Ranch parcel, owned by the Eagle County School District, is proposed to be used for recreation, schools, a college campus and open space. The Eagle County Planning Commission will review the overall development plan at its Jan. 23 meeting with a site -specific review of the housing plan to occur within the next few months. During discussion, Councilman Greg Moffet reiterated concerns expressed previously regarding the Town of Vail's involvement. Moffet, noting the sizeable scale of the project, said he feared the development would negatively impact Vail's vitality. Moffet said he preferred a buy-out plan for the town in which proceeds from the sale could be used to spend money on housing within Vail's town limits. While Councilman Chuck Ogilby shared Moffet's concern, Ogilby suggested the town's involvement in Berry Creek could be beneficial in working with the Eagle River Water and Sanitation District. Ultimately, the town could create a swap with the district in which the town would gain control of current district -owned or to -be- developed units within the town in exchange for units at Berry Creek. Councilman Rod Slifer expressed general support for the proposed new urbanism design, saying it will create a great neighborhood. Slifer also asked if the Council could review the overall plan at some point in the future. During the public comment period, former Vail Councilmember Michael Cacioppo expressed criticism of the overall plan. Calling it "Aurora in Edwards," Cacioppo said the development would produce traffic gridlock. The fourth item on the agenda was a request for the release of an employee housing unit deed restriction for the residence located at 1477 Aspen Grove Lane. The request was • submitted after a review of town records was unable to document conditional use approval 2 of a type -if employee housing unit. The owner had voluntarily placed the deed restriction on the property without applying for a 500 sq. ft. credit. In researching the matter, Community Development Director Russell Forrest said it remains unclear why the original owner of the property asked for the deed -restriction in 1995. A type -I I employee housing unit requires certain physical elements, such as an exterior entrance and a separation from the primary residence, which doesn't exist in this case. While councilmembers were reluctant to remove the deed restriction without fully understanding why the restriction was put into place originally, most members said they had no choice other than to accommodate the request. Chuck Ogilby made a motion to grant a 500 sq. ft. credit if the applicant agreed to retain the deed restriction or contribute to a housing pay -in -lieu fund, or create an employee housing unit off -site. Diana Donovan seconded the motion. After further discussion, Donovan withdrew her second, stating she felt there was a reason for the deed restriction on the property. The motion failed for lack of a second after councilmembers learned the motion would violate town codes. Additionally, the applicant said he wasn't interested in more square footage. Russell Forrest suggested Ogilby's concept be the topic of a future public policy discussion. Dominic Mauriello, representing the applicant Michael Spriggs, addressed the Council. Mauriello stated Spriggs was the third owner on property. Mauriello stated an employee housing unit (EHU) had never been constructed on the property and the building complied with all zoning requirements. Rod Slifer stated three councilmembers had visited the site and the interior. Steve Lingstrom, neighbor of Mr. Spriggs, addressed the Council, stating he owned a lot immediately adjacent to the Spriggs lot. Lindstrom stated he did not remember anything about an employee housing unit restriction being put on the property. Lingstrom stated the previous owner did apply for a bed and breakfast license, but the permit was never approved. Mr. Spriggs addressed the Council, stating he was not interested in more square footage. Bill Jewitt stated that based on the presentation, he had no problem lifting the restriction. Greg Moffet stated he felt the town had "dropped the ball" and was in favor of releasing the deed restriction. Diana Donovan questioned whether it could be a requirement of a former project. Russ Forrest stated that after research being conducted, there was nothing in the records to require property to require an ehu. After further discussion, Greg Moffet made a motion to release the deed restriction . Dick Cleveland seconded the motion. Diana Donovan stated that having a care taker unit in the building should not be criteria for granting the release, as there may have been a unit in the building at one time. It was also suggested the file be "red -flagged" in case this issue were to come up again in the future. A vote was taken on the motion and the motion passed 4-2, Diana Donovan and Chuck Ogilby opposing. The fifth item on the agenda was the first reading of Ordinance #2, Series of 2002, authorizing the Issuance of General Obligation Refunding Bonds, Series 2002A, first reading. Steve Thompson, Finance Director, stated these two ordinances authorized a refinancing process known as "forward refunding" which involves locking in a buyer for bonds ahead of the call date. During a discussion with the town's investment banker in November, the Council learned the town could receive a net savings of $380,000 in . today's dollars on $8.4 million of debt, given today's low interest rates. Prior to second 3 reading approval, the Council will review the net savings estimate again to evaluate the • cost -benefit ratio. Greg Moffet moved to approve Ordinance No. 2, Series of 2002, on first reading. Chuck Ogilby seconded the motion. Dick Cleveland questioned the blank spaces in the ordinances. Steve Thompson stated these would be filled in by the bond counsel prior to second reading. A vote was taken and the motion passed unanimously. 6-0. The sixth item on the agenda was the first reading of Ordinance #3, Series of 2002, Authorizing the Issuance of Sales Tax Revenue Refunding Bonds, Series 2002B. Greg Moffet moved to approve Ordinance #3 on first reading. Chuck Ogilby seconded the motion. Diana Donovan suggested not copying the ordinance for second reading. A vote was taken and the motion passed unanimously, 6-0. The seventh item on the agenda was the PEG Report. Russ Forrest stated during an update on the most recent meeting of the Planning and Environmental Commission, the Council reviewed PEC's approval of a sign variance to allow for two building identification signs at West Lionshead Plaza, formerly Concert Hall Plaza. Also, Councilmembers received an update on the development application for the town - owned Middle Creek site. Forrest stated the Village at Middle Creek item had been pulled from the agenda. . The eighth item on the agenda was Information Update. Assistant Town Manager stated the Council's code book inserts were at their place and the staff would be happy to update the books for the Council if they cared to drop them off. Brandmeyer also stated a farewell party for Steve Thompson had been planned at the Seasons at the Green at the Vail Golf Course on January 30t'from 5:00 - 7:00 P.M. Steve Thompson addressed the Council, stating he had enjoyed his time at the town and it was a difficult decision to make after 14 years. Mayor Kurz thanked Steve for his loyal service over the years. Bob McLaurin stated Christine Stouder would be acting Finance Director. The ninth item on the agenda was Matters from Mayor and Council. Bill Jewitt suggested the need to consider an ordinance regulating outdoor displays on private property after efforts to promote voluntary compliance have proven difficult. Kaye Ferry of the Vail Chamber & Business Association said the organization has attempted to facilitate voluntary compliance of summer displays only but has been unsuccessful due to differing opinions by the membership. Dick Cleveland complimented Vail Resorts, Inc. for introducing a weekend carpool reward program in which vehicles with four or more occupants using the public parking garages in Vail or the frontage road receive one $20 coupon valid that day at all on - mountain restaurants. The program is designed to enhance the availability of parking in Vail, ease 1-70 traffic and reduce pollution. Also, Cleveland reported on his attendance at the Vail Chamber & Business Association board meeting in which Kaye Ferry was re- 4 elected president. Cleveland said the group may be looking to the town for help in resolving various sign code issues. In addition, the group asked for help in addressing maintenance problems associated with a garden wall at the Lodge at Vail and suggested earlier installation of holiday lighting in some areas of the commercial district. A suggestion was made to possibly put the holiday lights in town up in November rather than adding additional lighting during the holidays. Assistant Town Manager Pam Brandmeyer announced the bark on the Council Chambers wall was being removed next week. It was determined by the Council the map on the wall be kept in the Chambers after the wall had been repainted. Chuck Ogilby acknowledged receipt of a letter from Piet Pieters of the Vail Recreation District (VRD) regarding the status of the gymnastics program. Ogilby expressed interest in creating a plan to move forward in relocating the program once the current site was acquired by the Eagle River Water and Sanitation District. Ogilby also thanked VRD board member Chris Moffet for facilitating open skating through the Vail Nordic Center. Rod Slifer suggested the town's sign code review apply to all areas of town, including West Vail. • There was no Town Manager's Report. As there was no further business, Greg Moffet moved to adjourn the meeting. Dick Cleveland seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The meeting was adjourned at 9:30 P.M. Respectfully submitted, ^D Ludwig Kurt Mayor ATTE T: rrOF` V � ( NJJ,- L ele' onaldson, Town Clerk Minutes taken by Mary A. Caster 0