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
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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
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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
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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-
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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
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