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HomeMy WebLinkAbout2002-06-04 Town Council Minutes. TOWN COUNCIL EVENING MEETING TUESDAY, JUNE 4, 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. in the Vail Municipal Building. MEMBERS PRESENT: MEMBERS ABSENT: Ludwig Kurz, Mayor Dick Cleveland Diana Donovan Bill Jewitt Greg Moffet Chuck Ogilby Rod Slifer, Mayor Pro -Tern 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. Kaye Ferry, Vail Chamber and Business Association, addressed the Council with three suggestions as a result of their membership survey regarding the town's public safety program for the Fourth of July and New Year's Eve events. Suggestions included removing the floodlights that have been used during the Streetbeat concerts and eliminating the DUI roadblocks on the Frontage road the night before 41' of July. Ferry also requested consideration of a concert or special event the evening of July Fourth in case the fireworks display was cancelled due to the extreme fire'danger. Ferry suggested using $50,000 available from the Special Events Commission to cover the expenses of an added concert. Gerry Sandberg, Democratic candidate for Eagle County Commissioner, opposing Tom Stone addressed the Council. Sandberg is a former member of the Eagle County School Board. He currently serves on the Gypsum Town Council. The second item on the agenda was the Consent Agenda. Greg Moffet moved to approve the May 7 and 21, 2002, meeting minutes with modifications. Dick Cleveland seconded the motion. A vote was taken and the motion passed unanimously, 6-0. The third item on the agenda was the Special Events Commission Appointments. Greg Moffet moved to appoint Steve Rosenthal as the retail representative, Dave Chapin as the restaurant representative, and Packy Walter as the lodging • representative. Dick Cleveland seconded the motion. A vote was taken and the F:mcaster/min/060402 1 • motion passed unanimously, 6-0- Greg Moffet moved to appoint Devon Alvarez as the at -large commission member from the retail/restaurant/lodging community. Dick Cleveland seconded the motion. A vote was taken and the motion passed unanimously, 6-0. Greg Moffet moved to appoint Rick Scalpello as the at -large commission member. Dick Cleveland seconded the motion. A vote was taken and the motion passed unanimously, 6-0. The fourth item on the agenda was the appointment of the joint TOV/VRD Subcommittee. Dick Cleveland moved to appoint Greg Moffet as the town's second member. Bill Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 6-0. Diana Donovan currently serves as the first member. The fifth item on the agenda was Approval of Steetscape Design Consultant. Greg Hall, Public Works Director, addressed the Council, stating 4 firms had been interviewed for the project. The firms had been interviewed by a citizens selection committee. Wink and Associates of Denver was the selected consultant. Chuck Ogilby moved to authorize the town manager to negotiate and enter into a contract with Wink and Associates of Denver for development of design and construction phasing for the • Vail Village streetscape project. Bill Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 6-0. The sixth item on the agenda was an appeal of the Design Review Board denial of DRB02-0070, a new Primary residence with a Type I EHU, located at 1880 W. Gore Creek Drive/Lot 48, Vail Village West 1 st Filing. Allison Ochs, town planner, presented the appeal to the Council. Ochs stated a site visit was done prior to the worksession this afternoon and the major reason for the denial was because of the mirror image in design. Pat Dauphinais, developer of the property, addressed the Council, voicing his frustration with the Design Review Board. Dauphinais stated he had attempted to put together an employee housing unit that was flexible for a family to grow into. Dauphinais also requested a policy statement from the Design Review Board (DRB) and the Planning and Environment Commission (PEC), giving developers a clear picture of what the boards are requiring for EHU's. Chuck Ogilby agreed that a policy judgment must be made and was in favor of overturning the DRB decision. Diana Donovan stated the town should not lower its standards and should protect adjacent property owners from mirror image buildings. Donovan also felt the DRB issue was personality based. Greg Moffet complimented Pat on his attempt to get a family -sized EHU in this town and would vote to overturn the DRB decision in this instance. Dick Cleveland stated he approved of what Pat was trying to do, but felt • the disagreement could be solved through the DRB, and was concerned with setting a precedent by overturning the DRB decision. Bill Jewitt stated he did not see a mirror F:mcaster/min/060402 IN Ah image in this case and would vote to overturn the DRB decision. Mayor Kurz stated he mostly agreed with Dick Cleveland's comments and was also concerned that the issue has gotten this far. After further discussion, Greg Moffet moved to overturn the DRB decision and Chuck Ogilby seconded the motion. Diana Donovan suggested amending the motion to have Pat work with the staff with constructive comments of the DRB. Russ Forrest, Community Development Director, stated there were areas that could be worked out with staff. Dick Cleveland then suggested tabling the issue and letting staff work it out. Greg Moffet then amended his motion to include the appellant meet with staff and work out the minor design issues. Chuck Ogilby amended his second. Kaye Ferry addressed the Council expressing her frustration in the inability to build an EHU on her property. A vote was taken on the motion and the motion passed 5-1, Dick Cleveland opposed. The seventh item on the agenda was Ordinance #12, Series of 2002, first reading, amending the Vail Town Code to allow the Town to contract for the removal, storage and/or disposal of abandoned vehicles within the Town of Vail. Town Attorney Matt Mire introduced Steve Wright of the Vail Police Department, stating this subject had started with Allen Christensen, acting town attorney, noting the hours spent in towing, storage and sale of abandoned vehicles by the town. Discussion followed regarding the definition of abandoned vehicles, pending man hours, financing on towing and storage of abandoned vehicles and the practices used by surrounding communities. • Matt Mire stated a cost sheet was attached to the ordinance showing what the cost to the town was under the current policy. Mire also stated the ordinance corrected an erroneous citation in the previous ordinance. Greg Moffet moved to approve Ordinance #12 on first reading. Bill Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 6-0. The eighth item on the agenda was the first reading of Ordinance No. 6, Series of 2002, an ordinance permitting off -site advertising. At the request of Councilmember Rod Slifer, who was absent from the meeting, Chuck Ogilby made a motion to table the first reading of Ordinance #6 until the June 18" meeting. Bill Jewitt seconded the motion. Mayor Kurz asked Attorney Mire what the procedure would be if the motion failed. Mire responded the Council would need to act on the item. A vote was taken on the motion and the motion passed 4-2, with Dick Cleveland and Diana Donovan opposed. The ninth item on the agenda was Ordinance No. 13, Series 2002, repealing and reenacting Ordinance No. 7, Series of 2002, Commission on Special Events. Matt Mire presented the ordinance to the Council, stating the ordinance was written to correct the word "employer" to "employee" that had been inadvertently written in the ordinance. Greg Moffet moved to approve Ordinance #13 on first reading. BIII Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 6-0. F:mcaster/min/060402 3 • The tenth item on the agenda was Ordinance #8, Series of 2002, 2'0 reading, an ordinance repealing and reenacting Ordinance No. 8, Series of 1992, providing for the re-establishment of Special Development District No. 28, Christiania at Vail, adopting a development plan for Special Development District No. 28, and providing for amendments to Special Development District No. 28, Christiania at Vail, in regard to changes in the number of dwelling units, modifications in common area and gross residential floor area square footages, and amendments to the development plan in accordance with Title 12, Chapter 9, of the Vail Municipal Code and setting forth details in regard thereto. Greg Moffet moved to approve Ordinance #8 on second reading. Bill Jewitt seconded the motion. A vote was taken and the motion passed 5-1, Donovan opposing. The eleventh item on the agenda was the Town Manager's Report. Town Manager McLaurin stated he had nothing to add to the report. At this point, George Ruther, head planner, asked the Council if they had a specific date they would like to have Ordinance #12, off -site advertising, brought back to them. Diana Donovan stated it should be heard at the next meeting, June 18". Council agreed. Town Manager McLaurin then asked for a motion to approve the signing of the bus procurement bid. Greg Moffet moved to award the bus contract to Orion and to authorize the town manager to execute the contract for $293,000. Bill Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 6-0 • Greg Moffet asked if there had been any new developments in asking the state to lower the speed limit through the Town of Vail. Bob McLaurin stated he would be e-mailing a list of contacts to councilmembers tomorrow and would draft a letter for their signatures. • Chuck Ogilby inquired about a timetable for discussion of the master plan for the Public Works shops. McLaurin stated this would be discussed at the June 18th meeting. Diana Donovan inquired as to the letters lobbying the speed limit should be signed as individual citizens or elected officials. McLaurin advised the letters should be on Town of Vail letterhead and signed as elected officials. As there was no further business, Greg Moffet moved to adjourn. Bill Jewitt seconded the motion. The meeting was adjourned at 8:30 P.M. F:mcaster/min/060402 4 Respectfully submitted, Ludwig Kurz;Wlayor • ATTEST: �el " onaldson Town Clerk Mintues taken by Mary A. Caster F:mcaster/min/060402 SEAL S"�COiORAse.'000