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HomeMy WebLinkAbout2006-04-04 Town Council MinutesVail Town Council Evening Meeting Minutes 10 Tuesday, April 4, 2006 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Rod Slifer. Members Present: Rod Slifer, Mayor Farrow Hitt, Mayor Pro-Tem Kent Logan Greg Moffet Mark Gordon Kevin Foley Not Present: Kim Newbury Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Asst. Town Manager The first item on the agenda was Citizen Participation. Andy Wiessner stated • dissatisfaction with the Tipsline section of the Vail Daily in which public officials are targets for criticism and attacks by anonymous callers. Bill Jewitt complimented George Lamb for 18 years of public service on town boards, most recently with the Planning and Environmental Commission. Kevin Foley offered the family of the deceased Peter Apostol community condolences. Jay Peterson thanked town staff for its diligent assistance in facilitating the opening of the Tivoli Lodge. Slifer then encouraged everyone to stop by and tour the newly rebuilt family -owned hotel. The second item on the agenda was the Consent Agenda. A. Approval of March 7, 2006 and March 21, 2006 Minutes. Moffet moved to approve the minutes with two changes identified in the work session. The motion was seconded by Foley. The motion passed 6-0. The third item on the agenda was an Olympic Proclamation honoring Toby Dawson Lindsey Kildow and Sarah Schleper. Moffet moved to approve the proclamation with Hitt seconding. The motion passed 6-0. The fourth item on the agenda was an Eagle County Growth Forecast Presentation. • Eagle County Commissioner Peter Runyon introduced County Administrator Bruce Baumgartner. He then reported Eagle County's population doubled in the 1970s, then again in the 1980s. "The population is now around 50,000... the state demographer says the population will be around 90,000 in 2030... Growth is a part of our future." He then explained "Baby Boomers" bring wealth to a community, simultaneously creating housing demand pressure. He did emphasize growth has created many economic and social benefits for the region. A point of concern was reported to be that community interests and tastes are evolving and that what has worked in the past will not work in the future. Runyon posed several questions, including: • What will our future demographic mix be? • Where will they live? • What services will they demand and require? • Will there be limits on the resources? He also described population trends caused by the historical westward migration as well as immigration pressures. 'We (Eagle County Commissioners) believe it's the role of local and county governments to prepare for and manage responsible growth ... We need to balance property rights with the protection of the community's quality of life ... We believe the only way for Eagle County to be truly effective in managing growth is to work in close cooperation with municipalities." Representing the Vail Village Homeowners Association, Jim Lamont questioned the county's actions in the past regarding population growth. Gordon thanked the two county officials for their presence. The fifth item on the agenda was Eagle County Trails (ECO). ECO Board Member Dick • Cleveland reported over the past several years the degradation of the recreation path over Vail Pass has been an ongoing issue. "ECO Trails has been working with Colorado Department of Transportation (CDOT) to address the issue. We are asking for support from local communities that all benefit from the path's existence." Cleveland then asked Council to join other local entities in requesting that two areas of unsafe conditions on the Vail Pass Recreation path be immediately addressed by CDOT. "We are asking that the Mayor be authorized to sign the attached letter on behalf of the TOV." Moffet moved to support the action with Foley seconding. The motion passed 6-0. The sixth item on the agenda was the Booth Creek Controlled Burn Update. Fire Chief John Gulick reported Vail Fire and U.S. Forest Service (USFS) have been cooperatively working together on the "Booth Creek Prescribed Burn" since March, 1998. In April, 2004 the town entered into a Memorandum of Understanding with the USFS to complete Unit # 6, which is primarily town -owned land of approximately 22 acres. This unit consists of grass, sagebrush and other shrub components proposed for ignition by fire crews on the ground, when conditions meet prescription requirements and surface fuels are dry. The proposed burn area is bordered by rock cliffs above and the South Frontage Road below, east of Vail Mountain School. A spring burn is preferred, due to the receding snow line. USFS Wildfire Specialist Phil Bowden stated his organization would offer supplemental fire suppression crews. Council agreed to support the prescribed burn. The seventh item on the agenda was the First Reading of Ordinance No. 8, Series of 2006, an Ordinance making Supplemental Appropriations to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Fax Fund, Heavy Equipment Fund, • and Dispatch Services Fund of the 2006 Budget for the Town of Vail, Colorado. During • discussion of this item, Moffet suggested that a future work session item be planned to discuss adding to the potential uses of Real Estate Transfer Tax funds. He suggested Council consider using the funds to mitigate the environmental impact of global warming. He also suggested Council consider signing a proclamation committing to abide by environmental guidelines set forth in the Kyoto Treaty. The Kyoto Treaty was ratified by 140 nations, with some notable exceptions. Signatory countries are legally committed to meeting emissions targets by 2012. The United States did not sign the treaty and any town action would only be symbolic. Moffet then expressed displeasure with the proposed heating of Meadow Drive. "Using a gas boiler is foolhardy in the extreme." Gordon echoed Moffet's comments and encouraged the use of wind energy. Moffet moved to approve the ordinance with Gordon seconding. The motion passed 6-0. The eighth item on the agenda was the First Reading of Ordinance No. 10, Series of 2006, an ordinance repealing and re-enacting Chapter 12-20, Annexed Areas, Vail Town Code, to amend the process for zoning district determination of annexed areas. Moffet moved with Hitt seconding a motion to approve the ordinance. The motion passed 6-0. The ninth item on the agenda was the Second Reading of Ordinance No. 7, Series 2006, an Ordinance Providing Certain Text Amendments to Title 8, Chapter 1, Vail Town Code, Regarding Use of the Public Way. On March 21, Council approved on First Reading Ordinance No. 7 Series 2006 an ordinance providing certain text amendments to Title 8, Chapter 1, Vail Town Code, regarding use of the Public Way. Moffet moved with Hitt seconding a motion to approve the second reading the ordinance. The motion passed 6-0. • The tenth item on the agenda was Resolution No. 5, Series of 2006, Public Way Fee Schedule. At the March 7 Council work session, staff proposed to change the public way permit fee schedule from a flat fee to a rate schedule that is relative to the impact of the street cut or use of the public way. The proposal included not only charging a fee for street cuts but also for use and occupancy of the public way (i.e. construction staging) and provided fee schedules for both construction season and non -construction season. In order to accomplish this in accordance with Town Code, staff requested Council approve this new public way fee schedule by resolution. Moffet moved with Gordon seconding a motion to approve. The motion passed 6-0. The eleventh item on the agenda was Resolution No. 6, Series 2006, A Resolution of the Town Council of the Town of Vail Setting Forth Findings of Fact and Conclusions Regarding Annexation Eligibility. At the regular meeting on February 21, 2006, Council adopted Resolution No.2, Series of 2006, finding the Petition for Annexation is in substantial compliance with C.R.S. § 31-12-107(1) and setting a public hearing to determine if the proposed annexation complies with C.R.S. §§ 31-12-104 and 31-12-105 or such parts thereof as may be required to establish eligibility for annexation. This Resolution required Council to make the formal findings set forth in this Resolution No. 6, that the parcel of land proposed to be annexed as set forth in the Petition for Annexation is eligible for annexation to the Town of Vail. Due to a predetermined conflict of interest (affiliations with Vail Resorts), Slifer and Gordon recused themselves from the item and left the Council chambers. Gordon emphasized he was an hourly wage, front line Vail Resorts employee and would be hesitant to recuse himself in the future. Moffet moved to approve the resolution with Logan seconding. The motion passed 4-0. The • resolution established the parcel met statutory criteria for annexation. The twelfth item on the agenda was the First Reading of Ordinance No. 11, Series • 2006, An Ordinance of the Town of Vail Annexing Certain Real Property To the Town of Vail. On February 14, 2006, The Vail Corporation filed with the Town Clerk for the Town of Vail a Petition for Annexation requesting that the Town Council of the Town of Vail commence proceedings to annex to the Town of Vail a certain parcel of land located in Section 8, Township 5 South, Range 80 West, of the 6th Principal Meridian, County of Eagle, State of Colorado, the approved final legal description of which is set forth as Exhibit A in this Ordinance No. 11 (the "Annexation Property"). The Town Council, by Resolution No.6, Series of 2006, also determined with regard to the Petition for Annexation for the Annexation Property: (i) the applicable requirements of C.R.S. §§ 31-12-104 and 31-12-105 have been met; (ii) an election is not required under C.R.S. § 31-12-107(2) or 31-12-112; (iii) no additional terms and conditions are to be imposed on the annexation of the Annexation Property; and (iv) the Annexation Property is eligible for annexation to the Town of Vail. Accordingly, this Ordinance 11 operated to annex the Annexation Property to the Town of Vail. Due to a predetermined conflict of interest (affiliations with Vail Resorts), Slifer and Gordon recused themselves from the item and left the Council chambers. Moffet moved to approve the ordinance with Foley seconding. The motion passed 4-0. The thirteenth item on the agenda was the Town Manager's Report. Stan Zemler reported Gordon and Moffet will serve as Council representatives on the soon -to -be - formed Economic Advisory Council. The fourteenth item on the agenda was Adjournment. Moffet moved to adjourn with Foley seconding at approximately 7:35 p.m. The motion passed 6-0. • Xzzl Rodney E. Slifer, Mayor ATTE CSEAL G. Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. • EI