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HomeMy WebLinkAbout2002-05-07 Town Council Minutes• 11 TOWN COUNCIL EVENING MEETING TUESDAY, MAY 7, 2002 7:00 P.M. TOV COUNCIL CHAMBERS The regular meeting of the Vail Town Council was called to order by Mayor Ludwig Kurz at 7:00 p.m. MEMBERS PRESENT: STAFF PRESENT: Ludwig Kurz, Mayor Rod Slifer, Mayor Pro-Tem Dick Cleveland Diana Donovan Bill Jewitt Greg Moffet Chuck Ogilby Bob McLaurin, Town Manager Pam Brandmeyer, Asst. Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. Cal Wettstein, Holy Cross District Ranger for the White River National Forest, addressed the Council, announcing an upcoming visit by Gov. Bill -Owens on May 215t Wettstein also stated there would be no controlled burn on Booth Creek this year. Pine Beetle treatment was also discussed. Flo Steinberg, long time Vail resident, inquired about possible conflicts between town ordinances that regulate the removal of trees and the Fire Department's advocacy of defensible spaces to reduce the threat of wildfire. Steinberg encouraged the town to expedite the ability for property owners to cut down trees if they become a hazard. The second item on the agenda was a Proclamation for National Police Week. Dick Cleveland read the proclamation into the record. Police Chief Henninger and fellow police officers accepted the proclamation. Kurz thanked Chief Henninger and his staff for their service over the year and for those that have fallen in the line of duty. Greg Moffet moved to approve the minutes of the April 2 and 16, 2002 meetings. Bill Jewitt seconded the motion. Greg Moffet stated he would abstain from voting, as he 1 was not in attendance at the April 16t� meeting_ A vote was taken on the motion and the motion passed 6-0, Moffet abstaining. The third item on the agenda was the authorization by the Council to the Town Manager to enter into a contract with the selected architect for the Donovan Park Pavilion and Authorization for the Town Manager to Sign Said Contract, Mayor Kurz stated the selection committee, comprised of four councilmembers and three citizens, would be meeting this week to select a finalist from 18 submissions. Diana Donovan stated a public meeting would be held as soon as the architect has something to present. Donovan also stated the town hoped to break ground this August. Greg Moffet made a motion to authorize the town manager to sign a contract with an architect to redesign the Donovan Park community pavilion. Rod Slifer seconded the motion. Dick Cleveland asked that the motion be amended to read "authorized to negotiate and authorize to sign" a contract. Moffet amended his motion and Slifer amended his second. Flo Steinberg addressed the Council, asking how the 3 citizens were chosen for the committee. Steinberg was advised that announcements were placed in the newspapers six weeks ago, asking for participants. Three applicants were selected from the applications: Kent Rose, Farrow Hitt, and Anne Fitz. A Request For Qualifications (RFQ) was then sent out, with 18 respondents. Four applicants were selected from these submittals, then 2 finalists were interviewed, with the selection of VAg, Inc., as the preferred architect. A vote was taken on the earlier motion and • passed unanimously, 7-0. The fourth item on the agenda was a discussion of Off -Site Advertising, a request to place additional "food, lodging and gas" signs along 1-70 at the West Vail -.exit. Head Planner George Ruther lead the discussion, giving background as to how the request had been presented to the town. On February 19, 2002, Rick Scalpello, of Vail Today, along with several of the restaurant, lodging and gas station owners in West Vail appeared before the Town Council to request permission from the Vail Town Council to place additional informational signs along 1-70 in the vicinity of the West Vail exit. The Vail Town Council gave direction to staff to proceed to the Planning & Environmental Commission with a text amendment that would facilitate the installation of 1-70 advertising signs to be placed in West Vail only. The staff appeared before the Commission on two occasions to discuss the text amendment. On March 25, 2002, the Planning & Environmental Commission voted to table the item until several questions could be addressed. On April 8, 2002, the staff again appeared before the Commission. The purpose of the meeting was to respond to four questions raised by the Commission at the March 25th meeting. Following discussion on the proposed text amendment and two failed motions, the Commission voted to recommend denial of the request to the Vail Town Council. Diana Donovan inquired why the Council was hearing this when the Planning and Environmental Commission (PEC) had turned down the request. Ruther stated the PEC was an advisory commission to the Town Council and was acting on the Council's request for a change in the sign code. Rick Scalpello spoke regarding the initial background of proposal, stating the original intent was to attract highway motorists to West Vail, as opposed to Vail visitors. Scalpello stated travelers were accustomed to watching for highway signs and most outlying towns had them. Scalpello stated these signs would be of no cost to the town, and would be paid for by the participating merchants, which would improve revenues for the town of Vail. Discussion followed regarding the use of additional signs along the off -ramps, which the Council did not approve , and the fact that main Vail and East Vail merchants would not be included in the program, and as well, the use of the current international signs. Local West Vail business owners addressed the Council, expressing their interest in having these signs, stating that studies done on surrounding areas proved increases in revenues after the signs had been installed. Representatives from McDonald's, Half Moon Saloon, and Domino's Pizza, spoke in favor of highway signs, noting 10 to 20 percent sales increases in sales as a result of the signs. Sherry Duncan, from Wendy's, stated her business in Parachute, CO, was up significantly since the installation of highway signs. Sonny Caster, West Vail Conoco, asked for support from the town, stating sales bring revenue into town, and higher volume allows dealers to operate on lower margins. Kaye Ferry, VCBA, expressed her concerns over excluding the main Vail exit. Mayor Kurz called for a straw vote of the Council. Bill Jewitt expressed his support for the west Vail exit only, stating the nature of the businesses in West Vail were different than main or East Vail. Dick Cleveland stated he was not in favor of logo signs, but would support the universal signs that are up now. Rod Slifer expressed his support of the program, as well as Greg Moffet, noting that sales tax is key. Diana Donovan agreed with Dick Cleveland's comments • regarding international signs, stating she felt Vail was lowering its standards in a period of desperation and cheapening the community. Chuck Ogilby stated he did not feel the highway signs would compete with the sign code and was in favor of them. A representative from Colorado Logos, Inc. addressed the Council, stating the size of the signs would be determined by how many businesses participated. After further discussion, Council directed staff to prepare an ordinance amending the sign code to allow for highway logo signs. The fifth item on the agenda was the first reading of Ordinance #10, Series of 2002, an ordinance designating two properties in the Town of Vail as open space as per Section 13.11 of the Town of Vail Charter. Russ Forrest, Director of Community Development, presented the ordinance to the Council, stating there were two properties for consideration — Vail Meadows Filing 2 (lots 1-4 in East Vail and the Bighorn Subdivision Second Addition (lots 15 and 16) located on Lupine Drive near the East Vail waterfall. Russell stated the East Vail property will remain as open space in perpetuity unless voters agreed to change the use. The waterfall lots have an additional deed restriction placed on them by the Eagle Valley Land Trust to preserve the parcels in perpetuity. The properties had been forwarded to the Town Council for consideration by a three - member Open Space Board of Trustees, which met on March 21. The board also recommended consideration of a survey to identify private property encroachments along the Gore Creek streamtract from Lionshead to Ford Park. Due to the complexity of the project, the estimated cost of the survey is $50,000. Trustee member Galen • Aasland urged the Council to approve the survey, saying he was appalled by what he 3 saw during a recent site visit. Jim Lamont of the Vail Village Homeowners Association 46 urged caution, noting the need to carefully check town records and deeds for encroachment approvals. Councilmembers expressed interest in discussing the possibility of a survey at a future meeting. The sixth item on the agenda was the second Reading of Ordinance No. 4, Series of 2002, an ordinance amending Title 12, Chapter 3, Administration and Enforcement, of the Vail Municipal Code to establish criteria for consideration and findings for zone district amendments to the Official Town of Vail Zoning Map and text amendments to Title 12, Zoning Regulations, and setting forth details in regard thereto. George Ruther presented the ordinance to the Council, stating the changes from first reading had been incorporated into the ordinance on second reading, including sequencing issues and typos. Greg Moffet moved to approve Ordinance 4 on second reading. Bill Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 7- 0. The seventh item on the agenda was the second Reading of Ordinance No. 5, Series of 2002, an ordinance amending Ordinance No.. 12, Series of 1997, removing a condition of approval that prohibits the operation of restaurants within the special development district, and setting forth details in regard thereto. George Ruther addressed the Council, stating at its March 11, 2002, public hearing, the Planning & • Environmental Commission reviewed and discussed a request to remove an existing condition of approval that prohibits the operation of restaurants or similar food service operations on the Austria Haus property. Upon review of the request, the Planning & Environmental Commission voted unanimously (7-0) to forward a recommendation of approval, with conditions, to the Town Council for the proposed major amendment to Special Development District No. 35. The Planning & Environmental Commission's findings and recommendation are identified in the March 11, 2002, staff memorandum to the Commission. Primary concerns were loading and delivery and odors coming from the kitchen, as well as their reluctance to change the intent of the original approval. After further discussion, Greg Moffet moved to approve Ordinance #5 on second reading. Chuck Ogilby seconded the motion. A vote was taken and the motion passed 4-3, Donovan, Jewitt, and Cleveland opposing. The eighth item on the agenda was Ordinance #7, Series of 2002, second reading, Commission on Special Events, an ordinance adopting the Town of Vail Commission on Special Events (CSE) and guidelines, establishing a commission for the process of reviewing proposed public special events for the Town of Vail; and setting forth details in regard thereto. Matt Mire, Town Attorney, stated there had been no changes from first reading. Rod Slifer moved to approve Ordinance #7 on second reading. Chuck Ogilby seconded the motion. Greg Moffet stated he would be voting in opposition. Bill Jewitt.stated he would prefer the 501 c3 to make the commission successful. Kaye Ferry, Vail Chamber and Business Association, stated she felt the special events would . be best served if handled privately and preferred to have a voting member of Council 4 on the board, and would continue to disagree on special events. A vote was taken on 16 the motion and the motion passed 5-2, Bill Jewitt and Greg Moffet opposing. 0 The ninth item on the agenda was Ordinance 9, Series of 2002, second reading, regarding amending Ordinance No. 23, Series of 1995. regarding compensation of Town Officials. Town Attorney Mire stated no changes had been made to the ordinance from first reading. Dick Cleveland moved to approve Ordinance 9 on second reading. Greg Moffet seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The tenth item on the agenda was the awarding of a bid proposal for Crack Sealing and Slurry Sealing as part of the Capital Street Maintenance Program. Greg Hall, Public Works Director, presented the bids to the Council, stating 8 bids were mailed out for Crack Sealing and 4 bids for Slurry Seal. Hall stated Council was being asked to approve both projects, which were under the budgeted amount. The low bid for Crack Sealing: $63,820.00 Superior Asphalt LC Magna, LIT. The low bid for Slurry Sealing: $90,699.62 Quality Paving CO. Henderson, CO. Greg Moffet moved to approve the two bids. Bill Jewitt seconded the motion. Greg Hall reviewed the schedule for the sealing. A vote was taken on the motion and the motion passed unanimously, 7-0. The eleventh item on the agenda was the Town Manager's Report. Assistant Town Manager Pam Brandmeyer outlined the proposed Farmer's Market program. The Council was generally in favor of the proposal, although expressing concerns over safety and transportation. Greg Moffet and Rod Slifer volunteered to present the Vail Youth Recognition Awards to recipients from Vail Mountain School during graduation ceremonies on May 29th. Chief Henninger will present the awards to the winners at Battle Mountain High School on May 211. Greg Moffet made a motion to adjourn the regular meeting and Bill Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The meeting was adjourned at 9:15 P.M. The Council then reconvened as the Vail Local Marketing District. 5 The Council expressed its interest in budgeting $100,000 in 2003 to help fund costs associated with an appearance by the New York Philharmonic Orchestra as the Bravo! Vail Valley Music Festival resident orchestra next summer. Council members said they would determine which account the money will come from at a later date. Bravo's request to the town for funding in 2004 and 2005 will be subject to annual appropriation. A vote was taken to appoint four new members to the Vail Local Marketing District Advisory Council. Mayor Kurz read the vote results as follows: Vail Resorts, Inc., which has designated Chris Jarnot as its representative; Mia Vlaar; Christine Werner, and Kelli McDonald. Rod Slifer then made a motion to approve the nominees. Chuck Ogilby seconded the motion. A vote taken and the motion passed unanimously. Mayor Kurz stated the terms of each appointment would be determined at a later date. As there was no further business Greg Moffet moved to adjourn. Bill Jewitt seconded the motion. A vote was taken and the motion passe unanimously, 7-0. The meeting was adjourned at 10:00 p.m. • 6re4Donaldson, Minutes taken by Mary A. CaTr / SEAL C J R Respectfully submitted, /l �n Ludwig Kur`� , Mayor VAIL TOWN COUNCIL WORK SESSION MINUTES MAY 7, 2002 All members of Council were present. Item #3, Riva Ridge North: A request to proceed through the Town of Vail development review process. Bill Jewitt moved, with a second from Greg Moffet, to allow Riva Ridge North Condominiums, located at 133 Willow Place, to proceed through the development review process to renovate their existing east entry, portions of which are on the Gore Creek Drive right-of-way. A vote was taken and the motion passed unanimously 6-0 (Cleveland having excused himself because his wife's architectural firm would be the applicant). 0