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HomeMy WebLinkAbout2000-09-05 Support Documentation Town Council Evening Session VAIL TOWN COUNCIL EVENING MEETING TUESDAY, September 5, 2000 7:00 P.M. IN TOV COUNCIL CHAMBERS NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. CITIZEN PARTICIPATION. (5 mins.) 2. CONSENT AGENDA. (5 mins.) o Approval of the August 1 & 15, 2000 Town Council meeting minutes. Second Reading of Ordinance No. 20, Series of 2000 - Innsbruck Condominium Buy Down Unit. 3. First Reading of Ordinance No. 22, Series of 2000, Supplemental Steve Thompson Appropriation. (15 mins.) Bob McLaurin BACKGROUND RATIONAL: Please see the schedule of proposed supplemental appropriations to see the specific line items in this $1.6 million supplemental appropriation. $1.2 million of the supplemental appropriation is for items the council has previously discussed. The work proposed at the village parking structure and the work on Meadow Ridge road are discussed in more detail in the Town Manager's report. There is also a memo enclosed to address the Marmot equipment upgrade. ACTION REQUESTED OF COUNCIL: Approve, approve with modifications or deny Ordinance No. 22, Series of 2000, on first reading. 4. Resolution No. 4, Series 2000 - Supporting Go Co Grant Request. (5 Pam Brandmeyer mins.) BACKGROUND RATIONALE: The primary user groups at Ford Park, e.g., the Vail Alpine Garden Foundation (VAGF), the Vail Recreation District (VRD), the Vail Valley Foundation (VVF), and the Town of Vail (TOV), are jointly submitting an application to Great Outdoors Colorado (GOCO) for a grant to support the "construction of recreation facilities related to parks such as playgrounds, sports fields, or other fixed assets; or local government funds available for the construction of environmental education facilities." This request is based on the amendments to the Ford Park Master Plan, approved April of 1997, and will further our collective ability to complete the tenets of the plan as approved. ACTION REQUESTED OF COUNCIL: Approve Resolution No. 4, Series of 2000. 5. Resolution No. 5, Series 2000 - Citizen Management of Growth Tom Moorhead Initiative. (30 mins.) ACTION REQUESTED OF COUNCIL: Approve Resolution No. 5, Series of 2000. BACKGROUND: It is anticipated that there will be an initiated Constitutional Amendment on this November's ballot "The Citizen Management of Growth". The proponents have submitted the required number of signatures to place the measure on the November Ballot. It is anticipated that it will be placed upon the ballot around September 13, 2000. This measure effects Vail and Eagle County. Municipalities with populations of 1000 or more in counties with populations of 25,000 or more are included. This Resolution addresses whether or not all of the lands within the Town of Vail boundaries should be property which is within the "committed area" for which Town of Vail may approve development. One of the criteria to qualify as land committed to development is land within a recorded subdivision or townsite and at least 50% of the lots have either had primary structures built or water and sewer service extended to them and all lots will be served by central water and sewer. It appears that if the Town of Vail is looked at in its entirety all lands within the town fall within this description. Dennis Gelvin, General Manager of the Eagle River Water and Sanitation District, has given the opinion that the entire Town of Vail has water and sewer service extended to it. The area of most legislation being adopted, especially by the front range cities, is to establish a clear definition as to what is defined as a "valid development application." This is significant in that the term is used in the Growth Initiative and if a valid development application has been filed for a particular piece of property, that property is considered a "committed area" within which a local government may approve development. The Resolution defines what presently exists in our code as applications that would result in development. STAFF RECOMMENDATION: Adopt Resolution No. 5 Series 2000. 6. A request for a change of use from restaurant to office space at the Brent Wilson Potato Patch Club. (25 mins.) ACTION REQUESTED OF VAIL TOWN COUNCIL: Approve, Approve with Conditions, or Deny the request for a change of non-conforming use. BACKGROUND RATIONALE: For many years the Potato Patch Club has been the site of a legal non-conforming "grandfathered" restaurant operation on the property. Section 12-8-8 of the Town Code permits a change of non- conforming uses on a site, subject to Town Council approval. The applicant is proposing a change from one non-conforming use (restaurant) to another (professional offices). Please refer to the attached staff memo for details. STAFF RECOMMENDATION: The Department of Community Development recommends approval of the applicant's request for a change of non- conforming use, to allow for the conversion of restaurant space to office space at the Potato Patch Club, subject to the following findings: The Town Council determines that the proposed use does not substantially differ from the existing non-conforming use in terms of compatibility with the character of the area in which it is located. The Town Council determines that the proposed use does not increase or aggravate the degree of non-conformity existing prior to any such change of use. 7. Town Manager's Report. (5 mins.) Bob McLaurin 8. Adjournment (8:35 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY,9/12100, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 9/19/00, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, 9/19 /00, BEGINNING AT 7:00 P.M. IN TOV COUNCIL CHAMBERS. Sign language interpretation available upon request with 24 hour notification. Please call 479-2332 voice or 479-2356 TDD for information. C:WGENDA.TC VAIL TOWN COUNCIL - MINUTES TUESDAY, August 1, 2000 7:00 P.M. The regular meeting of the Vail Town Council was held in the Town Council Chambers on Tuesday, August 1, 2000. The meeting was called to order at approximately 7:00 P.M. COUNCIL MEMBERS PRESENT:Ludwig Kurz, Mayor Sybill Navas, Pro Tern Chuck Ogilby Diana Donovan Kevin Foley Rod Slifer Greg Moffet STAFF MEMBERS PRESENT: Bob McLaurin, Town Manager Tom Moorhead, Town Attorney Pam Brandmeyer, Assistant Town Manger The first item on the agenda was Citizen Participation. Waldir Prado, owner of the Vail Village Inn, announced plans to redevelop the Chateau Vail property in a way that will contribute to Vail's momentum in renewal and reinvestment. Prado, who has received town approvals for redevelopment of the nearby Vail Village Inn property, has put that project on hold due to lawsuits that have been filed to block the project. Prado said the $120 million Chateau Vail project will convert the former Holiday Inn site to a 5-Star, 244-key hotel that will feature numerous amenities including a convention center and spa. He said he expects to break ground on the project next spring pending approvals by the town. Carol Hymers thanked the Council for publication of a citizens brochure outlining Council meeting procedures, as well as, Council's support of the Rotary Club's recent health screening in Dotsero which served 55 children. On another note, Hymers, representing the Glen Lyon Neighborhood Association, said that while the neighborhood group supports community facilities on the lower bench of Donovan Park, concerns remain regarding mass and size. Paul Hymers asked for clarification on the De-Brucing ballot measure ordinance. He was asked to hold his questions until the agenda item came up later in the meeting. Dan Telleen, owner of Karats in Vail, provided an up-to-the-minute parking update in which he noted that a town vehicle was being stored in a prime parking space in the Village structure. Telleen has asked the town to consider parking vehicles elsewhere to allow more spaces and added accessibility for guests. 1 August 1, 2000 Town Council Evening Meeting Minutes Wolfgang Triebnig, the general manager of the Lodge at Vail, expressed concerns about the impacts of the recent Big Head Todd concert along Gore Creek Dr. He suggested such concerts be held elsewhere to allow more space and added accessibility for guests. Bob Fritch, owner of the Sitzmark Lodge, also raised concerns about the concert, suggesting that Vail can no longer be "all things to all people." Fritch cited instances of property damage and other disturbances associated with the event, which he characterized as loud and intrusive. Fritch said it was time for Vail to decide what kind of resort it wants to be and which type of guest it should serve. Kaye Ferry, representing the Vail Village Merchants Association, congratulated the town for a productive event, noting that Vail's bars and restaurants were packed. On another topic, Ferry formally presented a refund to the Town Council for $12,126 for unused funds associated with a Y 2000 grant request for a "Turn It Up" guest service training party as well as direct support for the program. Ferry said the program became self-sustaining in 1999, resulting in a refund (with the exception of money spent for the training of 71 town employees and the production and distribution of guest service buttons). The second item on the agenda was the Consent Agenda. Greg Moffet moved to table the July 11 and 18th meeting minutes. Foley seconded. A vote was taken and the motion passed unanimously, 7-0. Moffet moved to approve the second reading of Ordinance No. 15, Series 2000, Ordinance 12-10, Vail Town Code; with specific regard to Vail's commercial core area parking maps; and setting forth details in regard thereto. Slifer seconded. A vote was taken and the motion passed, 6-1, with Donovan Opposing. Moffet moved to approve the second reading of Ordinance No. 16, Series 2000 - Amendment of the Cable Franchise Agreement. Navas seconded. A vote was taken and the motion passed unanimously, 7-0. Moffet moved to approve the second reading of Ordinance No. 18, Series 2000 - Vail Heights Buy Down Unit. Foley seconded. A vote was taken and the motion passed unanimously, 7-0. The third item on the agenda was the first reading of Ordinance No. 17, Series of 2000, an ordinance removing the requirement for Planning and Environmental Commission presentation on the Design Review Board. Chapter 4, Design Review Board, of the Municipal Code, states that "The design review board shall be composed of five (5) members. Four (4) members shall be residents of the Town, appointed by the Town Council, and the fifth member shall be a member of the Planning and Environmental Commission of the Town." The PEC, upon motion (7-0), has recommended that the Town Council consider making changes to the code removing the requirement for PEC representation on the DRB. The reason given for the motion was that the amount of time necessary to attend both the PEC meetings and the DRB meetings was excessive and difficult for working professionals to attend and was redundant give the role of the staff. Staff believes it is beneficial for town boards to have overlapping membership, so that each board understands the interrelationship of the boards and commissions. Staff believes that such a system would be beneficial also for the Town Council to have voting members present at the PEC and DRB meetings for this reason. However, staff understands the impacts of having volunteers in our community committing significant blocks of time to board meetings. The sizeable time commitments necessary for these boards negatively impacts the Town's ability to fill empty positions with qualified residents. George Ruther briefly summarized the memorandum included in the Council packets. Council expressed concern that there could be potential loss of information being transferred between the PEC and DRB without having one 2 August 1, 2000 Town Council Evening Meeting Minutes a member serve on both boards. Galen Aasland, a member of the Planning and Enviromental Commission, said the current requirement is too burdensome. As for communication between the two boards, this would be done with memorandums between the PEC and DRB. Moffet said he was impressed with the change in the "development review process" and thought communicating through memos was a good idea and is working well. George said PEC and DRB share reports between the boards on a weekly basis. Moffet said the Antlers project was a good example of the boards working together; furthermore, doing it concurrently eliminated a lot of problems. Donovan suggested appointment of some lay people to the boards (rather than design professionals) to help attract the applicants who have more time to serve. She also suggested reducing the number of the PEC members from 7 to 5, and asked for the item to be scheduled for additional discussion prior to the second reading of the PEC representation ordinance. Navas agreed that the lay person's view is important. Navas also mentioned that staffs point of view differs from members of the board and having one person on both boards enables communication between the boards without the interference of staff. Moffet moved to approve Ordinance No. 17, Slifer seconded. For the record Slifer said Council is responsible for the appointment of the PEC and DRB Boards and Council has the ability to appoint a lay person. Foley suggested that Council keep a "close eye" on this arrangement for 6-months to see if it was working for all involved. A vote was taken and the motion passed, 6-1, with Donovan opposing. Donovan suggested that absenteeism of the board members be kept track of for future reference. The fourth item on the agenda was the first reading of Ordinance No. 19, Series 2000 - an Ordinance submitting to the registered electors of the Town of Vail at the regular municipal election to be held on Tuesday, the7th day of November, 2000, the question about whether the Town of Vail should be authorized to collect, keep and expend all revenues all received from its property tax levy in 2000 and each year thereafter as a property tax revenue change pursuant to article 10, section 20 of the Colorado constitution provided that nothing in this question authorizes the Town to increase its rate of levy without prior voter approval; Authorizing the Town Council to adopt annual budgets and admendments thereto to implement the approval of this referred measure; setting forth the ballot title; providing for notice of the election; providing for conduct of the election; providing further detailes in relation to the foregoing. In 1993 the Vail voters approved lifting (or de-Brucing) the revenue limitation impacts of Amendment 1 on all revenues except for property taxes. The Town was one of the first cities in Colorado to de-Bruce. Since then the Town of Avon and Eagle County have de Bruced all revenues, including property taxes. The Town is currently limited by how much property tax revenue the Town of Vail can collect. If our assessed valuation goes up 13%, the Town's percentage growth in revenue is limited by the Denver Boulder CPI plus our local growth factor (the percentage of new construction). These two percentages have totaled about 5% since TABOR was enacted. The base mill levy cannot be raised without a vote; this 3 August 1, 2000 Town Council Evening Meeting Minutes provision cannot be de-Bruced. Assessed valuation is impacted by redevelopment or new construction and all properties are reassessed every other year. The next reassessment will occur in 2001 for property taxes collected in 2002. In 1999, the last reassessment period, the assessed value increased 13%, whereas, the Town's growth limit was 3.8%. This change would allow the Town's revenue to keep pace with increases in assessed valuation. When the budget was passed in 1999 for Y2000, Town Council showed interest in making this change. Council reviewed this issue at the work session on July 11, 2000, and directed staff to present this ordinance for their consideration. Donovan stressed the importance of providing voters with information about the impacts of a de-Brucing measure and cautioned the Town in asking too much from its citizens. Moffet moved to approve Ordinance No. 19, Series 2000, on first reading. Foley seconded. McLaurin said last spring 10 positions were cut and the town is in the process of cutting additional positions along with budget items. With the passing of the de-Brucing ballot measure it would mean an increase of $6.00 per $100,000 of private property value and $18.00 per $100,000 of commercial property value. A vote was taken and the motion passed unanimously, 7-0. The fifth item on the agenda was the worksession to determine whether the Town should further explore a hotel on the project site; and whether to move forward with either a 2000 or a 2001 ballot initiative. If the Town Council would like to move forward with a 2000 ballot issue on the community facility project, then that decision must be made in August and two readings of an ordinance must occur on or prior to September 5, 2000. It is also important to acknowledge that mail-in ballots for the November election will be available to voters in October. So there would be approximately one month to refine the concept and inform voters of a ballot initiative. The Town Council can also choose to move a possible election into 2001 without significantly delaying the project since one year of private fund raising was planned. Staff believes that additional time is needed to develop the concept and to refine the design for the project and a 2000 ballot initiative is premature. However, if there is consensus among the Council on a preferred site plan, the uses, and how to frame a ballot initiative a schedule is provided for a 2000 ballot initiative in the staff memorandum. Total cost based on the preliminary work is 65 million dollars. Navas asked if this had to be a November election. Moorhead said anything that involves debt is a November election issue. Slifer said there are too many issues regarding the Hub Site to still be resolved in order to meet the November election deadline. Slifer moved to postpone the ballot issue for public funding until the November 2001 election. Moffet seconded. Navas hoped that council was not using this for an excuse not to moved ahead and make things happen. Donovan felt that all that was needed was finalizing some issues. Donovan said she would vote for the election to take place this fall, for to do so, would force Council to get their act together. Navas felt the product was not clearly defined at this time. Ogilby shared the same feelings as Navas. Donovan said Town of Vail couldn't bear 5 years of continual construction. The likelihood for a successful vote would be higher in 2000 than 2001. Foley said Beaver Creek did a fine job with their construction. Kurz said, realistically, the items that need to be accomplished can't be achieved by November, but agreed with Donovan that Council needs to keep their momentum going forward. A vote was taken and the motion passed unanimously, 6-1 with Donovan opposing. Farrow Hitt, of Park Meadows Lodge, descried the concept as an "11'h hour curve ball" and suggested allowing time for the Lodging Quality Initiative and the Marketing District Tax to produce 4 August 1, 2000 Town Council Evening Meeting Minutes I 4 A effective results. His advice was to sell the hotel rooms that already exist. Hitt said Town of Vail needs a community center. Russell Forrest said the hotel was considered when the design team wanted to add vitality, and mass to the site. A market analysis of a learning center showed that it would generate an additional need for beds. Also studies showed that people wanted all amenities under one roof along with a conference facility. Moffet asked when did the hotel go from financing itself to barely funding itself. Russell Forrest said in the early stages it was thought the hotel would offset its cost, but a return of 15 -20% profits based on a 3-year plan, is not as much as what was initially anticipated. A hotel would not defray the capital costs of the community center. Moffet said he would move to direct staff to foster the redevelopment and enhancement of existing hotel properties near the project site. He suggested VVTC encourage existing hotels to commit rooms at a competitive price for meetings and functions. When refining the design for the project site, identify phasing plans that could allow the expansion of the meeting center and a future hotel if the market demonstrated a need in the future. Moffet said a transportation system from Vail Village to Lionshead is what the town needs. Navas seconded. A vote was taken and the motion passed unanimously, 6-1 with Donovan opposing. Ogilby asked how many council members were in favor of a learning center. Foley asked what was the learning center. Navas said she could not support the election because the definition of the learning center was too vague. Moffet said as long as it was a 20,000-sq. ft. room he would be in favor of it Donavon said she thought the learning center was a "bunch of high-tech break out rooms." Ogilby asked how many would be in favor of a convertible conference center. Donovan said it would be too costly. 4-3 council members where in favor of a convertible conference center. Ogilby asked how many were in favor of a family center that includes a skate board park, then asked council if they had dealt with the hotel issue first rather than second would they have voted the same way. Kurz stated that the most successful hotel in the valley is the Hyatt and it would not have happened had they not received the land at zero cost. Joe Staufer, a former owner of the Vail Village Inn, said a hotel would be an inappropriate use of public land. 5 August 1, 2000 Town Council Evening Meeting Minutes Porter Wharton of Vail Resorts urged the Council to keep its options open, challenging the Council to identify a city that has had success in building a conference center without a companion hotel. Navas asked in light of the fact there are 3 new proposals on the table at what point was the performing arts eliminated from the project. Russell Forrest said that Council gave direction March 14th to create a convertible space. Donovan expressed opposition to a hotel in any phase as well as the sale of private parking spaces on the Hub Site property or any other private development such as dwelling units or fractional fee units to help subsidize the public amenities Ogilby and Navas asked that the last paragraph be worded to say that no hotel would be considered in Phase 1. Moffet expressed a desire to allow room for phasing a hotel and other expansions into the plan assuming the project would be "wildly successful." Kurz felt additional hotels rooms were premature thinking. Donavon said that some members of the community have the wrong perception that the Hub Site is being designed to accommodate VA. McLaurin said at this time the Town has no preconceived idea who will operate this. The sixth item on the agenda was the Vail Valley Foundations request for funding in regard to the renovation of the Gerald R. Ford Amphitheater. Slifer recused himself, as he is a board member of the Vail Valley Foundation. Ceil Folz of the Vail Valley Foundation presented a proposal to authorize the Town Manger to review a $300,000 cash-and-in-kind services. The proposal would be applied toward the $9 million reconstruction project, which includes improvements in four areas: accessibility for disabled guests; weather protection; service facilities; and performance improvement. To date Folz says about $6.7 million of the $9 million project has been raised. She said the town's contribution would represent about 3 percent of the total project. Groundbreaking is scheduled for August 29, 2000, and will be finished June 6, 2001. Foley moved to have staff proceed and come back with numbers. Moffet seconded. A vote was taken and the motion passed unanimously, 6-0 with Rod Slifer abstaining. The seventh item on the agenda was the Holiday Festival of Lights Presentation and request for direction from Council. Todd Oppenheimer presented a slide presentation to the Council showing the different options that are available. Foley asked if vandalism would be a problem. Oppenheimer said that lights could be put in locations so that it would not be a problem. The Town Council directed staff to continue development of a recommendation for consideration. The project, which could be phased in over 3 to 5 years, would augment Vail's traditional colored lights with animated light displays, as well as, creative use of lighting on architectural features throughout town. Depending on the scope of the project, as much as $800,000 per year could be spent for the additional improvements. 6 August 1, 2000 Town Council Evening Meeting Minutes 0 The eighth item on the agenda was the Employment of Special Counsel in Village Center Association v. TOV, et al. The Village Center Association has brought a lawsuit against the Town challenging the Town Council's approval of the White Water Park. They have asked the District Court to review the Town record to determine whether the Council decision was in excess of its jurisdiction or an abuse of discretion. Due to the heavy load of litigation presently being experienced, it is requested that the services of Lasater & Associates, P.C., be retained to serve under the direction of the Town Attorney on this matter. Lasater & Assoc. has successfully represented the Town in other matters where our insurance carrier provided the defense. They have agreed to charge the same fee as that charged for insurance defense work which is $110 per hour. Moffet moved to retain the legal services of Lasater & Associates. Foley seconded. A vote was taken and the motion passed unanimously, 7-0. The ninth item on the agenda was the Town Manager's Report. In its review of the Town Manger's Report, Navas moved to roll-forward $30,000 in special events funding that was originally allocated to a Vail village-specific event for 2000. The funding will now be available for 2001 event. Moffet seconded. A vote was taken and the motion passed unanimously, 7-0. Foley moved to adjourn. Moffet seconded. A vote was taken and the motion passed unanimously, 7-0. The meeting adjourned at 10:50 P.M. Respectfully submitted, Ludwig Kurz Mayor ATTEST: Lorelei Donaldson, Town Clerk Minutes taken by Beth Salter '7 August 1, 2000 Town Council Evening Meeting Minutes VAIL TOWN COUNCIL - MINUTES TUESDAY, August 15, 2000 7:00 P.M. The regular meeting of the Vail Town Council was held in the Town Council Chambers on Tuesday, August 15, 2000. The meeting was called to order at approximately 7:00 P.M. COUNCIL MEMBERS PRESENT:Ludwig Kurz, Mayor Sybill Navas, Pro Tern Diana Donovan Kevin Foley Rod Slifer Greg Moffet COUNCIL MEMBERS ABSENT: Chuck Ogilby STAFF MEMBERS PRESENT: Bob McLaurin, Town Manager Pam Brandmeyer, Assistant Town Manger The first item on the agenda was Citizen Participation. Claudia Delude, a resident of Lupine Drive in East Vail, appeared before the Council with two issues. First, she wanted Council to know about a rezoning application on lots 15 and 16, known as the "waterfall lots" which would change the zoning from agriculture open space to primary secondary. She said the application would be heard by the Planning and Environmental Commission on Aug. 28. Secondly, Delude raised concerns about the reconstruction of Lupine Drive, noting frequent utility interruptions and access problems. She asked three requests of the Council members: 1) go take a look at Lupine Dr. this week; 2) make a commitment that paving will be completed by August 31; and 3) insist senior management be put on the job. In response, Mayor Ludwig Kurz said Town Manager Bob McLaurin was following up on the complaints. Dave Verwys, representing owners of the Red Sandstone Creek affordable housing units built jointly by the Town of Vail and the Eagle River Water and Sanitation District, spoke on behalf of the residents. Verwys asked Council to schedule a discussion on the homeowner association's complaints at an upcoming meeting. Town Manager Bob McLaurin questioned the appropriateness of such a meeting, noting the issues should be resolved by the homeowner's association rather than the town. Kurz instructed the residents to meet with McLaurin and the town attorney to explore how best to approach the issue. The second item on the agenda was the Consent Agenda. Moffet moved to approve the July 11 & 18, 2000, Town Council meeting minutes. Navas seconded. A vote was taken and the motion passed unanimously, 6-0. Moffet moved to approve the second reading of Ordinance No. 17, Series 2000, an ordinance 1 August 15, 2000 Town Council Evening Meeting Minutes removing the requirement for Planning and Environmental Commission representation on the Design Review Board. Foley seconded. A vote was taken and the motion passed 5-1, with Donovan opposing. Moffet moved to approve the second reading of Ordinance No. 19, Series 2000, an Ordinance submitting to the registered electors of the Town of Vail at the regular municipal election to be held on Tuesday, the 7th day of November, 2000, the question about whether the Town of Vail should be authorized to collect, keep and expend all revenues received from its property tax levy in 2000 and each year thereafter as a property tax revenue change pursuant to Article 10, Section 20 of the Colorado Constitution provided that nothing in this question authorizes the town to increase its rate of levy without prior voter approval; authorizing the Town Council to adopt annual budgets and amendments thereto to implement the approval of this referred measure; setting forth the ballot title; providing for notice of the election; providing for conduct of the election; providing further details in relation to the foregoing. Foley seconded. A vote was taken and the motion passed, 5-1, with Donovan opposing. Donovan said she needed more information before she could approve the second reading. The third item on the agenda was the first reading of Ordinance No. 20, Series of 2000 - Innsbruck Condominium Buy Down Unit. The Town of Vail pursuant to its Buy-Down program purchased the unit located at 2783 Kinnickinnick No. 4, Vail, Colorado on July 19, 2000. The purchase price was $164,000. The Town has conducted a lottery and has identified potential purchasers to purchase the unit at a deed-restricted price of $145,000. This ordinance is being presented to meet the charter requirement of Section 4.8 which specifies that the sale of any real property is required to be approved by ordinance. Foley asked who the recipient was. Russ Forrest said it will be offered to Dana Gerschenoff, who won the right to purchase the home in a recent lottery. Foley moved to approve the first reading of Ordinance No. 20, Series 2000. Moffet seconded. A vote was taken and the motion passed unanimously, 6-0. The fourth item on the agenda was the discussion of Ordinance No. 21, Series of 2000, an Ordinance submitting to the registered electors to the Town of Vail at the coordinated General Election to be held on Tuesday, the 7th day of November, 2000, the question on whether Section 2-6-9, Real Estate Transfer Fund, should be amended to include additional definitions for the purposes of Title 2, Chapter 6. Council has had general discussions regarding the possibility of placing a question on the up coming coordinated general election ballot in regard to the use of the Real Estate Transfer Tax Funds. Presented is an Ordinance placing a question on the November 7th ballot that would amend Section 2-6-9, Real Estate Transfer Tax Fund by adding defined terms to that code section for the purposes of Chapter 6 of Title 2. These definitions would not pertain to other sections of the Town of Vail Code, including but not limited, to the Zoning Code. Presently the only definition in Section 2-6-9 is the "Building shall mean any structure having a roof supported by columns or walls, or any other enclosed structure for the housing of person, animals, or property." Russell Forrest referred to an attachment to the Town Mangers report. Dee Wisor briefed the Council about his opinion letter. Moffet, Navas, Slifer and Kurz said they were comfortable in moving forward with a plan for recreational facilities on Donovan Park without a modification of the RETT ordinance, either through legislation or a public vote. Donovan said she 2 August 15, 2000 Town Council Evening Meeting Minutes 0 a preferred to table the ordinance to allow more time to refine the ballot language so it could be taken to a public vote. Donovan also presented other approaches that she said could be used to expand the current uses of RETT to avoid community controversy. She then presented a list of $1 million in capital projects that she said could be paid for by RETT. She also reiterated her interest in scaling-down the size of the Donovan Park proposal by moving several of the programming elements to the Lionshead Hub site. Those changes, she said, would avoid further lawsuits that have been threatened. Michael Cacioppo said Council's actions are a "bad Idea" that goes against the Town's original promise to its citizens. Carol Hymers, representing the Glen Lyon Neighborhood Association, said constituents want to see preservation of the RETT ordinance as originally intended. Ron Riley, a Vail businessman, suggested it was time for Vail to broaden the use of RETT, noting the changing needs of the community. Moffet felt that the existing RETT language allows for improvements on Donovan Park. Navas agreed with Moffet that the existing definitions give Council the authority to spend RETT dollars on improvements at Donovan Park. Donovan said she does not believe that the existing RETT ordinance would allow buildings to be built on Donovan Park. Once Vail loses the ability to take care of their parks, the Town will be in trouble. RETT should remain to be used for open space and parks. She said this ordinance was a change not an amendment. McLaurin reminded Council that the issue was whether to put this on the ballot; it was not a land use discussion. Foley moved to deny the first reading of Ordinance No. 21, Series 2000. Moffet seconded. A vote was taken and the motion passed, 6-1, with Donovan opposing for reasons of wanting the Ordinance tabled so Council could make modifications, and put it on the ballot. The fifth item on the agenda was to request Council's approval for the Town Manager to execute an agreement with the White River Institute to assist with fund raising. The opportunity to create a unique facility lies with the integration of both recreational and cultural/educational amenities. The concept of the 2nd sheet of ice and family activity center is relatively well understood. The learning center concept has captured the imagination and interest of many in the community. However, the Town needs to refine the concept and obtain additional community buy-in to the idea. Staff would propose working with the White River Institute to: 1) help refine the idea and to 2) assist in a 3 August 15, 2000 Town Council Evening Meeting Minutes fund raising effort for both the recreational and learning/meeting center uses. After refining the concept in the October/November time frame, staff would propose reengaging the design team to complete work on the site plan, floor plans, and architectural sketch plans. This would also include further refining the capital costs. Russell Forrest briefed Council on the attachment "Town of Vail & White River Institute Community Facilities Agreement". Donovan said Council needs to participate from the beginning stages and not leave everything up to the consultants. Russell Forrest agreed with Donovan. Councilmembers requested a discussion, of the appointment of 2 Councilmembers to the 501 C3 Board to participate in refining the concept of the Hub site, to be scheduled at the next Council meeting. Paul Kuzniar commended Council for what they have accomplished so far. He said they have done an admirable job. Moffet moved to authorize the Town Manager to execute an agreement to allocate resources for the White River Institute to assist with fund raising. Foley seconded. A vote was taken and the motion passed unanimously, 6-0. The sixth item on the agenda was the decision to move forward with the construction of a temporary third sheet of ice at the location of the Ford Park softball fields. This item was tabled to allow for more time to prepare cost estimates. The seventh item on the agenda was the decision regarding the Vail Valley Foundation request for up to $300,000 in either cash/in-kind services or cash alone to help fund the improvements to the Gerald R. Ford Amphitheater. Slifer recused himself since he is on the Board of the Vail Valley Foundation. Foley said the amphitheater is an asset to the community. He felt the Town should step up their contribution to 5%, or $450,000. Kurz said he suspects that council will have the opportunity to give to this cause at another time. Navas asked about the parking. Pam Brandmeyer said parking would be on a first come, first served basis for winter-time use. Donovan asked if the cash contribution was being taken out of RETT. Brandmeyer said yes since all improvements are being done within the park. Moffet moved to approve the request for $277,500 cash and $22,500 in in-kind services to help fund improvements to the Gerald R. Ford Amphitheater. Navas seconded. A vote was taken and the motion passed unanimously, 5-0. 4 August 15, 2000 Town Council Evening Meeting Minutes e W Moffet inquired as to where the extra dirt was going. Greg Hall said additional dirt might be needed for the 2"d sheet of ice. The eighth item on the agenda was the Town Manager's Report. McLaurin announced that he would be taking a vacation in the Grand Tetons, August 25 through the 30 and returning to work August 31. McLaurin fielded Council questions about the wayfinding project. He also received clarification from Council to gather information about the potential purchase of a vacant lot in the Matterhorn neighborhood. Foley moved to adjourn. Moffet seconded. A vote was taken and the motion passed unanimously, 6-0. The meeting adjourned at 8:55 P.M. Respectfully submitted, Ludwig Kurz Mayor ATTEST: Lorelei Donaldson, Town Clerk Minutes taken by Beth Salter 5 August 15, 2000 Town Council Evening Meeting Minutes ORDINANCE NO. 20 SERIES OF 2000 AN ORDINANCE AUTHORIZING THE CONVEYANCE OF FEE TITLE TO UNIT #4, INNSBRUCK CONDOMINIUMS ALSO KNOWN AS 2783 KINN11CKINNI[CK ROAD #4, VAIL, COLORADO 81657. WHEREAS, the Town of Vail, pursuant to its buy-down program, purchased the unit located at 2783 Kinnickinnick Road #4, Vail, Colorado on July 19, 2000; and WHEREAS, the reason for purchasing the unit was to place deed restrictions upon the property and to resell it to a qualified purchaser. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. The Town Council hereby approves the sale of the unit, with appropriate deed restrictions to ensure affordable housing for an employee in the Town. 2. This unit will be sold as intended by September 15, 2000 to a qualified purchaser who currently owns no other real estate in Eagle County, shall occupy the property as his principle residence, has worked, for a period of at least one year, and is presently working in Eagle County, Colorado, a minimum of thirty (30) hours per week and will continue to so work a minimum of thirty (30) hours per week. At the time of conveyance from the Town of Vail to the qualified purchaser, the property will become subject to a. deed restriction placing a cap upon appreciation and limiting future sales to other qualified purchasers. 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 4. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 5. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 6. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extend only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of August, 2000, and a public hearing shall be held on this Ordinance on the 5th day of September, 2000 at 7:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 1 st day of August, 2000. Sybill Navas, Mayor Pro-Tem ATTEST: Lorelei Donaldson, Town Clerk C:\orinance99.13 MEMO September 1, 2000 TO: Steve Thompson, FR: Annie Fox, Library Director RE: Supplemental for Marmot Our vendor, Marmot, for the public assess catalog (for use looking up titles, authors and subjects of materials) and circulation (property management component of the library linking 10,000 users to 50,000 items) is moving from it's old code based system to an internet code based system. This change over has been in process for a number of years. Soon Marmot will no longer be supporting the old code based system, thus a move is essential. Ron Braden and. Susan Boyd have attended meetings where we have reviewed options and costs associated with this move. After cost comparisons reviewing doing the project inhouse , with IS running the Lan and Susan Boyd putting together a home page, we found the costs to run the Lan internally, to be less up front and substantially less in maintenance costs per year. Both the internal system and Marmot need new computers to run the Internet Lan. However, Marmot charges an additional $500. Per year, per terminal in maintenance cost, which VPL does not incur running the Lan internally. We are fortunate to have the expertise to be able to bring this project inhouse. Marmot will continue to be our vendor for software, reports, data loads etc. but not for connectivity. Costs associated with the $25,000 include: ITEM: OPTIQUEST (VIEWSONIC) 19" MONITORS PRICE: $339.00/EACH ($3,390) QUANTITY: 10 UNITS ITEM: COMPAQ DESKPRO EN P3-866Mhz 815E/15GB/128MB/48x/NIC/WIN'95-98 PRICE: $1,777.00/EACH ($17,770) QUANTITY: 10 UNITS ITEM: LEXMARK OPTRA E312L LASER PRINTER PRICE: $299.00 ($2392) QUANTITY: 8 UNITS ITEM: BELKIN 10' PARALLEL PRINTER CABLE PRICE: $10.00/EACH ($80) QUANTITY: 8 UNITS SURGE PROTECTORS, BARCODE READERS CABLING & MISC. ($1368. Proposed Supplemental Appropriation and Adjustments #3 of 2000 Revenue ]Expenditure Amount Amount Description Increase Increase Reason General Fund Intergovt'l Revenues/Other Fed Grants 2,000 Grant Revenue for Cops for Kids Program Miscellaneous 38,745 July 4th Concerts & Programming. We received $3,212 as revenue Capital Outlay/Office Equipment 22,435 New Copy Machine to Replace the 5100 Oper Supplies/Misc Oper Supplies 2,000 Cops for Kids Program Expenditures Capital Outlay/Equuipment 25,000 Marmot Hardware Upgrade at the Library Subtotal General Fund 2,000 88,180 Capital (Projects Fund Capital Outlay/Professional Fees 128,740 White River Institute/Community Facilities Funding Capital Outlay/Construction Services 770,385 To Construct 3rd Sheet of Ice Capital Outlay/Construction Services 40,000 Improvements to the Meadow Ridge Road Subtotal Capital Project Fund 0 939,125 Housing Fund Housing/Consultants 10,000 Residential Employee Generation Study Subtotal Housing Fund 0 10,000 Real Estate Transfer Tax Trees 15,000 Removal of Pine Beetle Trees Behind Treatment Plant Capital Outlay/Consultants 20,000 Increase to Donovan Park Design Services Contract Capital Outlay/Construction Services 277,500 Ford Amphitheater Remodel Subtotal RETT Fund 0 312,500 supp300 1 9/1/2000 Proposed Supplemental Appropriation and Adjustments #3 of 2000 Revenue Expenditure Amount Amount Description Increase Increase Reason Parking Fund Salaries 34,000 Add Back 3 Seasonal Booth Attendants we thought could be Eliminated for the 2000 Budget. Due to service issues these positions could not be eliminated. Capital Outlay/Building Improvements 230,000 Lighting Improvements and Restroom Upgrade @ Village Structure Subtotal Parking Fund 0 264,000 Dispatch Fund Intergovt'l Revenues/E911Board 32,800 Funding by E911 Board for Communication Equipment Equip & Vehicles/Misc. Capital Outlay 32,800 Communication Replacement Equipment Subtotal Dispatch Fund 32,800 32,800 Total All Funds 34,800 1,646,605 supp300 y 9/1/2000 ORDINANCE NO. 22 SERIES OF 2000 AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS AND BUDGET ADJUSTMENTS FROM THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL-ESTATE TRANSFER TAX FUND, PARKING FUND, HOUSING FUND, AND DISPATCH FUND, OF THE 2000 BUDGET AND THE FINANCIAL PLAN FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE EXPENDITURES OF SAID APPROPRIATIONS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2000 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 25, Series of 1999, adopting the 2000 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town has received certain revenues not budgeted for previously; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain supplemental appropriations and budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following supplemental appropriations and budget adjustments for the 2000 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the expenditure of said appropriations as follows: FUND AMOUNT General Fund $ 88,180 Real-estate Transfer Tax 312,500 Parking Fund 264,000 Capital Projects Fund 939,125 Housing Fund 10,000 Dispatch Fund 31800 Total 1,646,605 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extend only of such inconsistency. This repealer shall not be construed to revise any bylaw., order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5t" day of September, 2000, and a public hearing shall be held on this Ordinance on the 19' day of September, 2000, at 7:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 19"' day of September, 2000. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk cAorinance00.8 RESOLUTION No. 4 Series of 2000. A RESOLUTION ENDORSING AND APPROVING A JOINT EFFORT BY THE VAIL RECREATION DISTRICT (VRD), THE VAIL ALPINE GARDEN FOUNDATION (VAGF), THE VAIL VALLEY FOUNDATION (VVF), AND THE TOWN OF VAIL (TOV) TO SOLICIT.FUNDING FROM GREAT OUTDOORS COLORADO (LOCO) FOR COLLECTIVE IMPROVEMENTS TO FORD PARK. WHEREAS, GOCO's mission is to "help the people of Colorado preserve, enhance, appreciate, and enjoy our parks, wildlife, trails, rivers, and open space by making strategic grants;" and WHEREAS, there is a general recognition there are more good projects than available funds, the collective effort demonstrated by the VRD, the VAGF, the VVF, and TOV, to coordinate and recommend "Local Government and Outdoor Recreation" grants through GOCO that support the "construction of recreation facilities related to parks such as playgrounds, sports fields, or other recreation fixed assets; or local government funds available for the construction of environmental education facilities" merit approval of such local projects for GOCO funding; and WHEREAS, the VRD, VAGF, VVF, and TOV believe their application for funding meets the standards, criteria, and requirements for GOCO grants to satisfy the need for the project, what is to be accomplished, and how such grant funds will be used; and WHEREAS, the Vail Town Council previously approved amendments to the Ford Park Master Plan (April 1997) which outline, define, and reinforce the improvements to Ford Park as collectively recommended; and WHEREAS, through the leveraging of dollars individually funded through each of the aforementioned user groups, the partnership formed for this collective funding bid represents a community resolve to complete improvements as set forth in the Ford Park Master Plan. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: 1. The Vail Town Council approves and directs the Town Manager to work in coordination with the VRD, the VAGF, and the VVF to obtain funding from Great Outdoors Colorado for park improvements to Ford Park. 2. This resolution shall take effect immediately upon its passage. INTORDUCED, READ, APPROVED AND ADOPTED this 5th day of September 2000. Ludwig Kurz, Town Mayor ATTEST: Lorelei Donaldson, Town Clerk RESOLUTION No. v Series of 2000. A RESOLUTION ADOPTING ALL LAND WITHIN THE TOWN OF VAIL MUNICIPAL BOUNDARY AS "COMMITTED AREA" FOR THE PURPOSES OF THE CITIZEN GROWTH MANAGEMENT INITIATIVE AND IDENTIFYING A "VALID DEVELOPMENT APPLICATION" AS PRESENTLY EXISTS IN THE VAIL TOWN CODE. WHEREAS, it is anticipated that the proposed constitutional amendment titled "Citizen Management of Growth" will be on the November 7, 2000 ballot for state wide consideration by the electorate; and WHEREAS, such an amendment to the Colorado Constitution concerns the management of development, and, in connection therewith, specifies that local governments, unless otherwise excepted, shall approve development only within areas committed to development; and WHEREAS, the Town of Vail is approximately 95% "built out"; and WHEREAS, the Town of Vail is served by central water and sewer service through the Eagle River Water & Sanitation District; and WHEREAS, the constitutional amendment does not define the term "townsite;" and WHEREAS, the Town of Vail has completed a Land Ownership Agreement with the United States Forest Service to secure the Town boundary and include within the Town boundary those areas appropriate for development and growth and to exclude from it's boundaries those areas for which growth is not appropriate and is not served by municipal services; and WHEREAS, the Town of Vail has adopted a Comprehensive Plan including a Land Use Plan for the entire area within the Town of Vail municipal boundaries; and WHEREAS, the Land Use Plan is intended to serve as a basis from which future decisions maybe made regarding land use within the valley including the long term needs and desires of the Town as it matures; and WHEREAS, the adoption of this resolution is not intended to affect any zoning designation or to otherwise permit development where such development is not permitted; and WHEREAS, this Resolution will continue to allow the Town of Vail to administer its land use authority consistent with the Town of Vail Comprehensive Plan and all Town of Vail code requirements. NOW, THEREFORE, be it resolved that: Section 1. For the purposes of the Citizen Management of Growth Initiative "townsite" is defined as all land located within the Town of Vail boundary as set forth on exhibit A attached hereto. Section 2.. As all of the land within the Town of Vail boundary is included within the townsite and at least 50% of the lots in such townsite have had permanent, primary structures constructed on them and have had central water and sewer services extended to them and all lots are or shall be served by central water and sewer when the development is complete and are therefore, "committed area" as that term is used in the Citizen Management of Growth Initiative. Section 3. A valid development application in the Town of Vail for the purposes of this resolution shall include any one of the following applications: • Completion of a Design Review application as per section 12-11-4 of the Town Code. • Completion of a Conditional Use Permit application as per section 12- 16-2 of the Town Code. • Completion of a Variance application as per section 12-17-2 of the Town Code. Y Completion of a Major Subdivision application as per section 13-3-3 of the Town Code. ® Completion of a Minor Subdivision as per section 13-4-(1 &2) of the Town Code. ® Completion of a rezoning application as per section 12-3-7 of the Town Code. • Completion of a Major Exterior Alteration application as per section 12-713-7, 12-7C-5, 12-7H-7, or 12-71-7 of the Town Code. • Completion of a Special Development application as per section 12- 9A-5 of the Town Code. Section 4. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 5th day of September 2000. Ludwig Kurz, Town Mayor ATTEST: Lorelei Donaldson, Town Clerk EXHIBIT A rTM own of'Vn l COMMERted Area Town Boundary t ~ a D F Parcels /\/Town Boundary ° N A Property of the Town of Vail Community Development Department 09-01-00 P 011" EAGLE RIVER WATER & SANITATION Diz d h= 846 Forest Road a Vail, Colorado 81857 (990) 496.7480 c FAX (970) 476-4089 September 5, 2000 R_ Thomas Moorhead, Town Attorney Town of Vail 75 South Frontage Road West Vail, CO 81657 RE: Availability of Central Water & Sewer Service Dear Tom: This is in response to the question you posed earlier today regarding the availability of water and sewer service within the Town of Vail. We believe all lands within the Town of Vail municipal boundaries have access to central water and sewer service and all lots are, or shall be, served by central waxer and sewer when devel..t,ent is c.,uLYleted. Please let me know if you need anything, else. Sincerely, Dennis Gelvin, General Manager cc: Vent Rose Jim Collins WATER, WASTEWATER, OPERATIONS & MANAGEMENT SERVICES r MEMORANDUM TO: Vail Town Council FROM: Department of Community Development DATE: September 5, 2000 SUBJECT: A request for a change of non-conforming use (pursuant to Section 12-18-8, Vail Town Code) to allow for the conversion of restaurant space to office space at the Potato Patch Club, located at 950 Red Sandstone Road/Potato Patch Club Subdivision, Units 43 & 44. Applicant: Pepi Gramshammer/Potato Patch Club Association, represented by Braun Associates, Inc. Planner: Brent Wilson 1. BACKGROUND The Potato Patch Club property is zoned Residential Cluster (RC). This zoning designation is intended to "ensure adequate light, air, privacy and open space for each dwelling, commensurate with residential occupancy, and to maintain the desirable residential qualities of the district by establishing appropriate site development standards." Permitted uses include residential dwelling units; conditional uses include bed and breakfasts, dog kennels, private clubs, schools, utilities, ski lifts and Type III employee housing units. The following is a synopsis of the Town's objectives for non-conforming uses as outlined in Chapter 12-18 of the Vail Town Code: 12-18-1: PURPOSE: This Chapter is intended to limit the number and extent of nonconforming uses and structures by prohibiting or limiting their enlargement, their reestablishment after abandonment, and their restoration after substantial destruction. While permitting nonconforming uses, structures, and improvements to continue, this Chapter is intended to limit enlargement, alteration, restoration, or replacement which would increase the discrepancy between existing conditions and the development standards prescribed by this Title. (Ord. 8(1973) § 20.100) 12-18-2: CONTINUANCE: Nonconforming sites, uses, structures, and site improvements lawfully established prior to the effective date hereof may continue, subject to the limitations prescribed in this Chapter. Sites, uses, structures, and site improvements lawfully authorized by permits or regulations existing prior to the effective date hereof may continue, subject to such limitations as prescribed by such permits or regulations. (Ord. 8(1973) § 20.200) 1 12-18-4: USES: The use of a site or structure lawfully established prior to the effective date hereof which does not conform to the use regulations prescribed by this Title for the district in which it is situated may be continued, provided that no such nonconforming use shall be enlarged to occupy a greater site area for building floor area than it occupied on the effective date hereof. Any subsequent reduction in site area or floor area occupied by a nonconforming use shall be deemed a new limitation, and the use shall not thereafter be enlarged to occupy a greater site area or floor area than such new limitation. (Ord. 8(1973) § 20.400) II. DESCRIPTION OF THE REQUEST For many years the Potato Patch Club has been the site of a legal non-conforming "grandfathered" restaurant operation on the property. Section 12-8-8 of the Town Code permits a change of non-conforming uses on a site, subject to Town Council approval. The applicant is proposing a change from one non-conforming use (restaurant) to another (professional offices). III. CRITERIA FOR REVIEW Pursuant to Section 12-18-8, Vail Town Code, the Vail Town Council shall determine that the proposed use does not substantially differ from the existing nonconforming use in terms of compatibility with the character of the area in which it is located and that the proposed use does not increase or aggravate the degree of nonconformity existing prior to any such change of use. The following is a detailed staff response to these issues: 1. The Town Council shall determine that the proposed use does not substantially differ from the existing non-conforming use in terms of compatibility with the character of the area in which it is located. Traffic Impacts - As demonstrated in the table below, staff believes the number of vehicular trips generated by the office space would be significantly reduced from what is expected for a restaurant of the same size. Although peak hour trip demand for office space tends to coincide with peak hour trip demand for residential units, staff believes the overall impacts to the residential uses will be reduced - especially given the number of absent homeowners during normal business hours. A restaurant, however, is expected to generate the majority of its traffic during evening and weekend hours. This is a time frame where the greatest presence of Potato Patch Club homeowners is expected. 2 v "CODE _ D"t,§U IPTIOiv TRIPS7- Ob. VARIABLE FACTOR AVERAGE DAiEf, DAY, "TRIPS Office 710 <10,000 SF 24.39 1000' GFA 3.16 77.07 Restaurant 831 Quality 95.62 1000' GFA 3.16 302.16 Restaurant Source: ITE Trip Generation Manual, Fourth Edition Parkina ImDacts - Based on the established seating occupancy for the restaurant space, the required parking for this space would drop from 14 spaces for a restaurant to 13 spaces for office space. The total parking allocated for the entire club space is 39 spaces - leaving 26 spaces available for racquet sports or swimming activities. Staff believes there is sufficient parking available to accommodate the proposed change of use. Nuisance Impacts (Noise. Odors. Dust, etc.) - Staff believes this change in use would have a beneficial impact on the adjacent neighbors when compared to the noise and odors generated by a restaurant and its associated delivery and waste disposal needs. Staff does not believe the proposed offices would generate any nuisance impacts. Additionally, staff believes the typical (8:00-5:00) workday hours of operation for an office use would be more compatible with the established residential uses on site. As demonstrated in many other zone districts throughout town, office and residential uses are compatible provided certain criteria are met. 2. The Town Council shall determine that the proposed use does not increase or aggravate the degree of non-conformity existing prior to any such change of use. The total floor area for the proposed office use will be the same as the existing restaurant (seating area, kitchen, storage, and associated office space). Although minor modifications of the interior will be necessary, the square footages devoted to the non-conforming use will be identical. Therefore, staff finds that the proposed use will not increase or aggravate the degree of non- conformity existing prior to the proposed change of use. IV. STAFF RECOMMENDATION Based upon the criteria outlined in Section III of this memorandum, the Department of Community Development recommends approval of the applicant's request for a change of non-conforming use, to allow for the conversion of restaurant space to office space at the Potato Patch Club, subject to the following findings: 1. The Town Council determines that the proposed use does not substantially differ from the existing non-conforming use in terms of compatibility with the character of the area in which it is located. 3 2. The Town Council determines that the proposed use does not increase or aggravate the degree of non-conformity existing prior to any such change of use. If the Town Council chooses to approve this request, staff recommends the following condition of approval: 1. The applicant shall acquire all required design review approvals and building permits necessary for construction to facilitate this change of use. 4 BAIMBIRAUIN ASSOCIATES, IINC. PLANNING and COMMUNITY DEVELOPMENT August 1, 2000 George Ruther Chief of Planning Town of Vail 75 S. Frontage Road Vail, CO 81657 Re: Potato Patch Club - Change of Use Application Dear George: The enclosed materials comprise a formal application to seek a "Change of Use" pursuant to Section 12- 18-8 of the Zoning Regulations, Town Code for the space currently occupied by the restaurant "Ciao" (a legal nonconforming use) at the Potato Patch Club in Vail. The proposal would establish a. professional office use in this building. In accordance with Section 12-18-8, permission is required from the Town Council to approve such a request. We hereby request that the Town Council grant this permission and would like to be considered on the August 15, 2000 agenda of the Town Council. Please let me know if this date as works with the Town's schedule. The attached analysis will show that the proposed change of use to a professional office lessens the degree of nonconformity to the site and is compatible with adjacent uses. If you have any questions, please feel free contact me at 926-7575. Si" ely, Dominic . Mauriello, AICP RECD AUG ® 7 2000 Edwards Village Center, Suite C-209 Ph. - 970.926.7575 0105 Edwards Village Boulevard Fax - 970.926.7576 Post Office Box 2658 www.braunassociates.com Edwards, Colorado 81632 IBAIIABIRAI N ASSOCIATES, IINC. PLANNING and COMMUNITY DEVELOPMENT Application Submittal For "Change of Use" Potato Patch Club Vail, Colorado August 1, 2000 1. Description of the Request The owner of the existing restaurant space at the Potato Patch Club, Pepi Gramshammer, is requesting the that the Town of Vail Council approve a "change of use" pursuant to Section 12- 18-8 of the Zoning Regulations, Town Code. The restaurant space is currently occupied by restaurant "Ciao." The Potato Patch Club property is zoned Residential Cluster (RC), which does not allow restaurants as a permitted or conditional use as the code is written today. The restaurant is a legal nonconforming use. The owner would like to convert the restaurant use to a professional office use. Section 12-18-8 Change of Use states: A nonconforming use shall not be changed to another nonconforming use unless permission has been granted by the Town Council. Prior to granting such permission, the Council shall determine that the proposed use does not substantially differ from the existing nonconforming use in terms of compatibility with the character of the area in which it is located, and the Council shall determine that the proposed use does not increase or aggravate the degree of nonconformity existing prior to any such change of use. The Town Council has the ability to approve the owner's request for the change of use from a restaurant to a professional office subject to making the two findings above. As further described below, the proposed office use is more compatible with the character of the surrounding residential area and that the proposed use lessens the degree of nonconformity. The proposal is a positive change for the Potato Patch Club Homeowners Association, whose members are arguably most impacted by the use of this professional office space, support the proposed change of use from a restaurant to a professional office (see attached letter). Edwards Village Center, Suite C-209 Ph. - 970.926.7575 0105 Edwards Village Boulevard Fax - 970.926.7576 Post Office Box 2658 www.braunassociates.com Edwards, Colorado 81632 I TI. Background Restaurants, such as "Ciao" and "Noodles," have occupied the commercial space for decades. The restaurant use on the property has proven to be problematic in terms of economic viability in recent years. The location is not ideal from a competitive standpoint with other restaurants located in the Village and Lionshead. III. Compatibility with the Neighborhood The Potato Patch Club has always been a mixed-use facility. The residential uses surround and conceal the existing tennis club and restaurant. Therefore, there are few, if any, impacts of the existing uses on the site to the neighborhood outside of the Potato Patch Club property. IV. Application of Review Criteria Below are the criteria that the Town Council must consider when granting a change of use: o The 'T'own Council shall determine that the proposed use does not substantially differ from the existing nonconforming use in terms of compatibility with the character of the area in which it is located. Response: The property today is a mixed-use development with a large recreation component, the tennis club and pool, multiple family residential uses, and a restaurant. The restaurant currently generates traffic to the site above that normally occurring on a site solely reserved for residential uses. These uses, while probably used fequently by the residential owners on-site, generate most of their customers from off-site. The change in use from a restaurant to an office use will decrease the traffic to the site and demand for parking. Restaurants generate great demand for loading and delivery (i.e., beverage trucks, linen services, food trucks); they generate odor in the fonn of smoke and grease; and they generate noise from music, kitchen noises, exhaust vents, etc. An o ice will have none of these impacts, outside of the occasional UPS truck. A professional office use will be a better neighbor to the residential uses on site due to the reduction of these impacts. Potato Patch Club Page 2 of 3 Braun Associates, Inc. 0 The Council shall determine that the proposed use does not increase or aggravate the degree of nonconformity existing prior to any such change of use. Response: The proposed office use will occupy the same gross floor area (3,660 sq. ft. gross, 500 sq. ft. of'which is common mechanicaOiallways.for both building tenants) in which the restaurant has operated, thereby not increasing, or aggravating the degree of nonconformity. Additionally, the demand for parking and loading and delivery on the site will be reduced. Depending on the final,floor plan for the office use, the parking requirement will go from 14 spaces for the existing restaurant seating area to approximately 13 spaces for the office use, therefore decreasing the nonconformity. V. Association Approval The Potato Patch Club Homeowner's Association has approved the change of use and welcomes the establishment of a professional office use on this property. The Association's approval provides additional evidence of the compatibility of the proposed office use with the surrounding residential and recreational uses. r Potato Patch Club Page 3 of 3 Braun Associates. Inc. TL%- °'w: 0 13'32 FM- ' l : BRAUN S IRTES 9 7 0TZ157S76 TO. 970 476 8816 P. 002•' 21E2 July S, 2M George E~~th Clticf" of Phmziiug Town of Vail 75 S. f...,iage Road VaiL CO 91657 lam RQt75tWAUt Space at the Potato Patch Club lamas 4~w As oar of the current eesmusant space: at the Potato Patch Club, I hemby authorize Braun Associates. Inc. to act on my bahalf with eejprd to yLu,-easing an application with the Town of Vail for a Gl=ge of use of ifs fmoNty. Simmely. C ~'epi 4= esflrro~:lt~ArASg' ~ znr~ "TaT.nR Anu.TKen 9TQQ 9?a AIR Vu.4 Qfi:eT nn !cn1III JUL-17-2000 13:Z1 FROM VAIL HOME RENTALS, INC. TO 9267576 P.01 3taly. <c Town of Vm] ?5 S. FxontAgC Road Vail. (70 81617 Re: Potato Patch Glob Pastau=nt Spate (Units 43 and 44) To Whom It May Concern: The PomtoP'ateh C`Jub 1A ?„rner's Asbwiation, at its annual meeting of July 3, 2.M), was appKed by Pepi C:ranmhammor with regard to the chmgc of use and upga& of the cwr A ntstaurant spy that uniti 43 and 44) to a professional office use. 'Maw d;,, rs and . present ~wj-..vcd this rJwW of use. Tf you have any yuCstions, please call xo aL 475-2221, Si ~tCerely, i~.&txy ?~as~ses ,vail fTQ= Rentals property Managpr fur the'romw Patch Club TOTAL P.01 Second Floor, Potato Patch Club July 31, 2000 i i s } 3.4' CY i4 rti ~ rv N w ti Existing Restaurant/ Proposed Office Space m © 2,110 sq. ft. E Deck I s r i 3.oti :,s.s' First Floor, Potato Patch Club July 31, 2000 14.^' 16.2' I I m I r. H th Existing Restaurant/ Proposed Office Space 1,550 sq. fi % n Racquet Club 3,664 sq.fk m i i i i i ) i i i ~ .u ) imm- n f 31.2' I 10.5 VVAI 1®Office of the Town Manager 75 South Frontage Road Vail, Colorado 81657 970-479-2105/Fax 970-479-2157 TM MEMORANDUM TO: Vail Town Council FR: Bob McLaurin, Town Manager RE: Town Managers Report DT: September 5, 2000 UPDATE ON DOBSON ARENA CAPACITY Gary Goodell and Mike McGee have been corresponding via e-mail with Brian Meacham and Chris Marrion of Arup & Associates in Worcester, MA., the town's fire protection engineering consultants. Odell Architects sent Staffs report, digital photos of Dobson, and plans to Arup & Associates. Brian Meacham indicated that Arup & Associates will have preliminary fire and egress modeling results, with up to eight scenarios each, by the end of September. Staff will then discuss the results, and decide whether additional analysis is needed. Arup & Associates plan on wrapping things up by Thanksgiving. There may be minor operational or facilities fixes recommended that could give the town a "good bang for the buck" in terms of improvements to life safety without going to a lot of expense, or disruption of the operations of the facility and which staff could implement immediately. Any major improvements, such as adding the fourth exit, would need to wait until next April. MUNICIPAL BUILDING RE-STRIPING We are waiting for final bids on the following collection of projects: LionsHead Parking Structure charter bus lot; municipal building parking lot; West LionsHead Circle; East LionsHead Circle; Booth Creek trail head parking lot; and the Buffehr Creek trail head parking lot. We have requested bids for both chip seal or an overlay. Following the best price, we will also be re-striping the municipal building parking lot. RECYCLEDPAPER INTRODUCTION OF VAIL-MAIL We have introduced a new communications tool called "Vail-Mail," an Internet-based news and information e-mail notification service from our Community Information Office. I've attached a copy of the post card announcement which is being sent to our out-of- town property owners. To date, the service has enrolled 238 subscribers and has been well received as an additional outreach effort on your behalf. If you have topics for inclusion in the Vail-Mail updates, please contact Suzanne Silverthorn. ADDITONAL SUPPLEMENTAL APPROPRIATION BACKGROUND We have put in the supplemental budget two items the Council has not seen before. These are $ 40,000 to repair and correct drainage improvements on Meadow Ridge Road. The majority of the repairs are to a drainage channel that severely eroded above the street. This needs to be repaired and rip-rapped to reduce further erosion. This occurred during the storm where the Roost Lodge received all the eroded mud a month ago. The majority of the drainage water stays within the system; however, the storm this last week once again showed us there is some runoff water reaching private properties in this area during major storm events. The corrections will ensure all the water stays within our drainage system and keeps from further causing problems. The second item is to make improvements to the lighting and to modify the outlying restrooms at the Village Parking Structure. We have replaced 140 of the 575 lights in the structure with metal halide lights. This produces a white light, which is much more appealing than the orange light of the current high-pressure sodium lights. We can do this work this year and feel it would be an overall improvement to the structure The cost to make the complete changeover change to the Village Structure is $150,000. The restroom work would remodel the four outlying restrooms and upgrade the "prison" look of these restrooms. We feel this will give the restrooms a more appealing look and we hope they will be kept cleaner based on this perception. The cost of the restroom work is $80,000. Council will have an opportunity to discuss these items under the worksession item #8, Review Evening Meeting Agenda for September 5, 2000. Introduction of Vail-Mail We have introduced a new communications tool called "Vail-Mail," an Internet-based news and information e-mail notification service from our Community Information Office. I've attached a copy of the post card announcement which is being sent to our out-of- town property owners. To date, the service has enrolled 238 subscribers and has been well received as an additional outreach effort on your behalf. If you have topics for inclusion in the Vail-Mail updates, please contact Suzanne Silverthorn. r Town of Vail Town Council Strategy Session September 6 & 7, 2000 AGENDA Facilitated by Michael McNally & Caroline Fisher ]Fisher Consulting Group OUTCOMES: o Create list of strategic Town Council priorities for the short term (6 months) and mid- term (1 year) o Design measures for each priority (How will we know if we are successful?) o Work the "implications" of these strategic priorities and identify a Town Council action plan for dealing with these implications (What will we do when the community expresses opposition? How will we enlist the community in a positive way? What will we do if we are not in unanimous agreement with each other? How will we communicate with the staff regarding these issues? What are the essential first steps? Etc) o Dialogue with staff concerning these strategic priorities and design a ioint Town Council/Town Staff action nlan for moving forward (roles, communication avenues, decision making processes, etc) SCHE DULIE: o Pre-work (Sept. 3 - 6) o Day One (Sept. 6) - 8:00 AM to 6:00 PM o Day Two (Sept. 7) - 8:00 AM to 1:00 PM I AT Il'1EN)(DE ES: o Day One - Town Council Members o Day Two - Town Council Members; Pam Brandmeyer; Bob McLaurin; Tom Moorhead; Department Heads Vail 'town Council Strategy Process 1 Fisher Consulting Group September 6 4& 7, 2000 PRE-WORK: • Review all materials from last two sessions (Suzanne to distribute). How effectively has the Town Council team worked to move toward these goals and values? How effectively have you supported the team in moving toward these goals and values? Please give consideration to the following questions and put your responses on paper prior to September 61h: • In your mind, what are the three most imnortant accomplishments of this Town Council to date. • What are the three most imnortant actions to be accomplished in the next six months? In the next vear? • What is the most critical issue standine in the wav of accomplishing these actions? • What can you individually do to ensure that the council as a group moves forward? • What are the conseauences of not moving forward? For the community? For the council? For the Town of Vail? For you as an individual council representative? AGENDA: DAY ONE - September 6`h _n ITEM 1 8:00 - 8:20 Welcome & Context Set AM 8:20 -10:15 Review of Town Council AM Work To Date 10.15 - ]B .AIKK 10:30 AM 10:30 - Defining Strategic Priorities 12:15 PM 12:15 -1:00 LUNCH PM 1:00 - 3:00 Defining Measures & PM Working the Im13lications 3:00 - 3:15 [!~EAK PM 1Vail Town Council Strategy Process 2 Fisher Consulting Group September 6 & 7, 2000 x 3:15 - 6:00 Preoarinlp for Tomorrow PM 6:00 PM Adionnrn DAY TWO - September 'stn 'I'L~IL . ITEM . 5:00 - 8:20 Welcome. Recap Levels of AM Effectiveness 5:20 -10:00 Review of Town Council Work to AM Date & Recau of Yesterday 10:00 - BREAK 10:115 AM 10:15 - tonti nurse Recan of Yesterday 11:30 AM 11:30-1:00 Let's Hear from Staff & PM Action Planning 1:00 PM Adiourn Vail Town Council Strategy ]Process 3 Fisher Consulting Group September 6 do 7, 2000 6h?-US-UU '1 Uh U5 ; 46 FM MMKWE: l' HYUKUUfiKbUN 1NU r HX NU. JUJZyUti M r, U t September S, 2000 BY FACSIMILIE Vail Town Council Re: Construction of Seasonal Hockey Rink, Vail Golf Course Dear Vail Town Council: We are owners of Vail Golf Course Town Home H9, which is located across the street fi-orn the Vail Golf Course Driving Range. We oppose the construction of a covered sheet of ice M the Golf Course Driving Range for two principal reasons. However, let us hasten to adi+that we would not oppose the construction of a covered ice rink at the Vail ballfields or even the soccer fields, either of which would be a far better location than the Vail Golf Course. First, the open-air ice wink at the Golf Course is an incredible asset of the Vail Valley! We, like many people, think of skating as an outdoor activity- If the ice sheet is uneven at times because of weather variability, well, that's just part of outdoor skating. Just because some skaters -mostly those participating in group activities-- would prefer to have "perfect' ice does not mean that the Town Council should favor the interests of them over those who enjoy skating outdoors. Second, the ballfields are the obvious location for a covered ice sheet. The ballfields are conveniently located (walking distance from the town and the parking structure), their location is well known, they are accessible from two directions via the frontage road, they have extensive parking of their own, and they are level. The assertion that a level 100 by 200 foot area cannot be found at the ball fields is simply not believable. In any event, if some excavation must occur in either location (a notice of impending excavation has already been posted at the Golf Course, as if the decision to place the bubble there were a foregone conclusion), we simply do not believe that the cost difference is anything but negligible. After all, a ballfield needs to be constructehn a level surface; a golf course doesn't. SEE-05-00 TUE 05:46 PM MARKWEST HYDROCARBON INC FAX NO. 3032908769 P. 02 While we have other conecros~about locating the "bubble" at the Golf Course, we think that any reasoned analysis of the issue would lead the Council to coneIude that the Golf Course is not the place to put it. r~ S~iicerel Pete and Anne Mounsey~