HomeMy WebLinkAbout2006-07-18 Town Council Minutes• Vail Town Council Evening Meeting Minutes
Tuesday, July 18, 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 Pro -Tern Farrow Hitt.
Members present: Farrow Hitt, Mayor Pro-Tem
Kim Newbury
Mark Gordon
Kevin Foley
Greg Moffet
Kent Logan
Not Present: Rod Slifer, Mayor
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
The first item on the agenda was Citizen Participation. Montaneros condominium owner
Nancy Corgan said she was delighted by the prospect of the LionsSquare North
• redevelopment although the proposal was entirely too large.
Hermann Staufer asked Council to consider Ordinance No. 18, Series of 2006, through
regular means (as opposed to an emergency ordinance).
The second item on the agenda was the Bell Tower request to proceed through the
development review process with a proposal to reconfigure private improvements on Town
of Vail property. Planner Matt Gennett reported the Bell Tower Building in Vail Village is in
the process of undergoing design review for an application to construct two gables that
would encroach slightly over Gore Creek Drive and for a new stone veneer with cap on the
south side of the building to encroach as well. The applicant has already received Design
Review Board approval, with conditions for their design, the condition being Town Council
permission to proceed. Presently, the existing Bell Tower roof overhang encroaches over
Town of Vail property. The applicants are prepared to enter into an encroachment
agreement with the town. The Community Development Department recommended Council
approve the applicant's request to proceed through the development review process and
apply for a building permit upon the execution of the encroachment agreement. Moffet
moved to authorize the encroachment with Logan seconding. The motion passed
unanimously, 6-0.
The third item on the agenda was Proclamation No. 3, Series of 2006. (Helen Fritch
Day). Hitt read the proclamation honoring Helen Fritch for her many contributions to the
community, including creation of the Betty Ford Alpine Gardens. Moffet moved to
approve the proclamation with Foley seconding. The motion passed unanimously, 6-0.
Foley personally thanked Fritch for her efforts.
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• The fourth item on the agenda was the first reading of Ordinance No. 6, Series 2006,
An ordinance repealing and reenacting Title 9, Chapter 1, Vail Town Code regarding
water quality within the Town of Vail. This ordinance provides definitions and
amendments to Title 9, Vail Town Code which, will further clarify prohibited acts and
provide for more effective enforcement by the town to prevent injury to the town water
supplies. Foley moved to approve first reading of the ordinance with Moffet seconding.
The motion passed unanimously, 6-0.
The fifth item on the agenda was First Reading of Ordinance No. 17, Series of 2006, an
ordinance amending Section 12-21-14E, Restrictions in Specific Zones on Excessive
Slopes, Vail Town Code, pursuant to Section 12-3-7, Amendments, Vail Town Code, to
allow for an amendment to increase the amount of allowable site coverage on lots with
excessive slopes, from a maximum of 15% to a maximum of 20%. Planner Matt Gennett
stated that on April 24, 2006, the Planning and Environmental Commission conducted a
work session during which staff was directed to draft changes to their suggested
modified version of the applicant's proposed text amendment. On May 8, 2006, the PEC
recommended approval of the proposed text amendment to Council, as modified by
staff. The applicant, Helmut Reiss, requested to amend the section of town code which
restricted site coverage on lots with average slopes in excess of 30% within four of the
nine residential zone districts established in Chapter 12-6, Residential Districts, Vail
Town Code, to a maximum of 15% of the total site area, instead of the standard 20%
minimum. The applicant proposed to amend the restriction to allow for the typical 20%
maximum site coverage standard to apply in the applicable zone district irrespective of
the average slope. The rationale behind the applicant's request was to allow for greater
flexibility in the design and construction of residences on steep hillsides. Steve Isom
Isfrom Isom and Associates said the ordinance encouraged less site disturbance.
Architect Mike Suman spoke in support of the ordinance. 'This is a way to protect our
beautiful home sites." Moffet moved to adopt the ordinance with Newbury seconding.
The motion passed unanimously, 6-0.
The sixth item on the agenda was consideration of Ordinance No. 18, Series 2006, An
Emergency Ordinance Amending Title 5, Chapter 9, Vail Town Code Regarding Wildlife
Protection in the Town of Vail Town Attorney Matt Mire noted the Council had directed
staff to prepare a new and more effective wildlife protection ordinance. Until such time
that said legislation can be considered and approved by Council, Ordinance 18 will
function to create a "zero tolerance" policy for violation of the current wildlife protection
regulations. More specifically, the ordinance eliminates from the Town Code all
requirements of warnings to alleged violators, as well as any maximum fine amounts,
thus, making a first offense punishable by the maximum penalties available to the
Municipal Court (up to $999 and up to 180 days in jail for each offense). As an
emergency measure, the ordinance takes effect immediately. Moffet emphasized the
ordinance does not require residents to purchase bear -proof containers. Hitt explained
the current warning system is not effective. Foley moved to approve the ordinance with
Newbury seconding. Gordon said, 'We can't move fast enough on this issue as a Town
Council." During the public comment period, Norma Broden said the situation is dire and
she was glad Council was addressing the issue. Chris Fitzgerald thanked Council for
addressing the issue. The motion passed unanimously, 6-0.
The seventh item on the agenda was resolution No. 4, Series of 2006, a Resolution
amending Section 2.3.3 Stronger Economic Base Through Increased Live Beds,
Chapter 4 Recommendations -Overall Study Area, and Chapter 5 Detailed Plan
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• Recommendations to establish policies for the preservation and enhancement of the
number of live beads in LionsHead. Ruther explained the town is experiencing an
unprecedented amount of new construction in the form of new development and
redevelopment projects. Much of the new construction activity is occurring in LionsHead.
In anticipation of future new development and redevelopment opportunities in
LionsHead, Council adopted the LionsHead Redevelopment Master Plan on December
15, 1998. One of the six policy objectives of the LionsHead Redevelopment Master Plan
is to create a stronger economic base through increased live beds. To that end, the plan
states, "In order to enhance the vitality and viability of Vail, renewal and redevelopment
in LionsHead must promote improved occupancy rates and the creation of additional bed
base ("live beds" or "warm beds") through new lodging products." While a clearly stated
policy objective is presently in place, the current implementation policies of the Plan (ie,
Chapter 5 — Detailed Plan Recommendation, Overall Plan Recommendations,
LionsHead Mixed Use — 1 & 2 zone districts, etc.) do little, if anything, to ensure that the
Plan's policy objectives are met; specifically Policy Objective 2.3.3. In fact, it could be
argued that the adopted zoning regulations are in conflict with the Policy Objective 2.3.3.
To that end, Council found it imperative that prior to accepting any more development
applications for new development or redevelopment projects in LionsHead, that a
discussion occurs regarding the possible unintended consequences of continuing on
with the present Master Plan recommendations and/or Zoning Regulations. The
intended outcome of these discussions has been intended to be the preservation and
enhancement of the town's supply of "live beds." Regardless of the direction taken,
Council believes diversity in the town's lodging products is the key to the future success
of the town and LionsHead. Ruther then described that on June 26, 2006, the PEC held
a public hearing on the proposed amendments to the LionsHead Redevelopment Master
• Plan. Following discussion on the amendments, the Commission voted 5-0-1 (Pierce
recused) to forward a recommendation of approval to Council. In voting to recommend
approval, however the Commission requested that several modifications be made to the
amendments. Due to a predetermined conflict of interest (East West Partners
Affiliation), Slifer recused himself from the item and left the Council Chambers. Moffet
expressed concern that the ordinance dealt well with remodels but not ground up
construction. Foley moved to approve the resolution with Newbury seconding. During the
public comment period, Gwen Scalpello stressed a belief she thought the ordinance was
unfair to condominium owners who were unable to demolish their dwelling units and
build from scratch (you can't convert, but you can rebuild). Moffet further explained the
ordinance did not allow for the conversion of accommodation units. Foley thanked staff
and the developer for their due diligence correcting the LionsHead Master Plan. Moffet
moved to direct staff to lift the moratorium at the August 1, 2006, meeting with Gordon
seconding. The motion passed unanimously, 5-0. Moffet then asked staff to further
investigate the matter.
The eighth item on the agenda was Resolution No. 14, Series of 2006. A resolution
approving and authorizing the wireless broadband network and lease agreement (the
"Agreement") between the Town of Vail (the" Town") and CenturyTel Broadband
Services, LLC ("CenturyTel"), which agreement pertains to certain respective rights and
responsibilities of the Town and CenturyTel in relation to providing a town -wide wireless
broadband network. At the request of Council, the Town of Vail issued a Request for
Proposals (RFP) for a town wide wireless network on March 17, 2006. On May 12, 2006
the selection committee chose CenturyTel for the award of the wireless RFP. Town
• Attorney Matt Mire stated Council met in Executive Session earlier in the day to discuss
the agreement. Moffet moved to adopt the resolution with Logan seconding.
Representing CenturyTel, Jim Selvy explained 86 wireless nodes would be stationed
•
throughout the town. Gordon attempted to clarify whether there would be 100%
coverage throughout town. CenturyTel representative Bob Stone stated that 90 to 95%
coverage would be possible. Newbury clarified new streetscape light posts cost $2,000 a
piece and questioned whether the wireless nodes should be hung upon them. Logan
asked what the alternative was to not place the nodes on the lamp posts. Foley
encouraged the use of third party sites (for node placement) in the commercial core
areas. Bob Macklin, Sky Pilot (node manufacturer) representative, described the
technological advantages and disadvantages of the wi-fi units and their placement.
During the public comment period, PEG Member Bill Jewitt asked for a clarification on.
the pricing. Stone explained wi-fi is a competitive market and the available services
would be priced accordingly. Town of Vail Information Technology Director Ron Braden
said the service would be free for one hour, thereafter the user would have to either pay
or log -in again. The motion passed unanimously, 6-0.
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The ninth item on the agenda was the Town Manager's Report. There was nothing
reported.
The tenth item on the agenda was Adjournment. Moffet moved to adjourn with Newbury
seconding. The motion passed unanimously, 6-0. V-XI,
ATTEST:
Lorelei Donaldson, Town Clerk
Minutes provided by Corey Swisher.
Farrow Hitt, Mayor Pro -Tern
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