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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. • • 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 2 • 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. • • 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 SEAL N-M00*aP�'� 4