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HomeMy WebLinkAbout1997-01-07 Town Council Minutes"MINUTES VAIL TOWN COUNCIL MEETING January 7, 1997 7:30 P.M. A ular meeting of the Vail Town Council was held on Tuesday, January 7, 1997, in the Council Ch ers of the Vail Municipal Building. The meeting was called to order at approximately 7:30 P.M. MEMBERS PRESENT: Robert W. Armour, Mayor Sybill Navas, Mayor Pro-tem Kevin Foley Rob Ford Paul Johnston (joined discussion following Agenda Item No. 3) Ludwig Kurz Michael Jewett MEMBERS ABSENT: TOWN OFFICIALS PRESENT: Bob McLaurin, Town Manager Pam Brandmeyer, Acting Town Manager Tom Moorhead, Town Attorney Holly McCutcheon, Town Clerk The0first item on the agenda was Citizen Participation, of which there was none. Item number two on the agenda was the consent agenda which consisted of the following items: A. Approval of the Minutes for the meetings of December 3 and 17, 1996. B, Resolution No. 1, Series of 1997, a Resolution Designating a Public Place Within the Town of Vail for the Posting of Notice for Public Meetings of the Vail Town Council, Planning and Environmental Commission, Design Review Board, and Other Boards, Commissions, and Authorities of the Town of Vail. Mayor Armour read each item on the Consent Agenda in full, and requested the Consent Agenda items be considered separately. Sybill Navas moved to approve the Minutes for the December 3 and 17 evening meetings. Kevin Foley seconded the motion. A vote was taken and passed unanimously, 6-0. Sybill then moved for approval of Resolution No. 1, Series of 1997, and Ludwig seconded the motion. A vote was taken, which passed unanimously, 6-0. Third on the agenda was Ordinance No. 22, Series of 1995, first reading of an ordinance amending Se n 18.04, Definitions, to add "Fractional Fee Club" and "Fractional Fee Club Unit", amending Section 160,030, Conditional Uses, allowing Fractional Fee Club as a Conditional Use in the Public Accommodation Zone District, amending Section 18.60.060 (A)(7) Conditional Use Permit Criteria -Findings. Gordon Pierce was present, representing the applicant, Sonnenalp Properties, Inc., along with Johannes Faessler, and Cynthia Thornberg. Town of Vail Planner, George Ruther, presented the item and reviewed changes which were discussed at an earlier worksession. The ordinance had been tabled at the December 17 evening meeting to allow staff to work on more specific language. Staff recommendation was for approval of Ordinance No. 22 on first reading. George informed those present that there was an informational packet on the Austria Haus project available in the offices of Community Development for public viewing. He said that staff was available to provide information and answer questions. Mayor Armour then opened up the discussion to the public, and the following Vail residents voiced their opposition to the ordinance: Rod Slifer said that to allow time-sharing at the expense of losing lodging was one of the most important issues faced by Council. He said that time-share projects were not allowed within the Village core and Liqftead during his seven years of service as Mayor, and that two lodges in the Core areas had already be7F lost to condominium conversions. He stated that Vail could not afford to lose another. Mr. Slifer challenged the 90% occupancy rate boasted by the fractional fee unit ownership, stating that Beaver Creek timeshares had average occupancy rates of only 65%, approximately. He asked Council to preserve Vail's bed base and said that the use of lock -off units, as proposed in the Sonnenalp project, could not be guaranteed or enforced. Vail Town C-0 Evening M..]Mg Minutes January 7, 1997 Jo Stauffer said he was in favor of time-share as long as it didn't result in a net loss of hotel rooms. He echoed Mr. Slifer's comments pertaining to the use of lock -off units and asked Council members to think about future sales tax revenues as opposed to a one time transfer tax. He predicted that allowing fractional fee clubs would have far reaching consequences for the Town. Diq&leveland was concerned about the loss of accommodation units. He said the Sonnenalp project was alrea�,y too big and that parking was also limited. He said the proposed project had made no accommodations for traffic and employee housing. Mr. Cleveland then suggested that every developer be required to pay $100,000 minimum to mitigate impacts to the Town. In 1981 Council made a decision to disallow time-share, he said, and he asked Council members to uphold the decision of the former Council_ At that time, Town Manager Bob McLaurin responded, stating that the live bed issue was a top priority to staff when the Sonnenalp proposal came forward and is still at the forefront when working on the project. He said that redevelopment of the Village was a critical strategy. Local business owner, Dan Telleen cautioned Council about the use of lock -offs and changing the character of the Town. Architect for the project, Gordon Pierce, approached the audience stating that most of the arguments had been heard before, and that some individuals had not been present for responses made at prior meetings. He said it was a fallacy to say hotel rooms were better as opposed to a time-share. The facts show differently, he said. Joh nes Faessler said concerns voiced by residents did not apply to the Sonnenalp project. He said the ho ndustry was changing all over the world, and that economically, it was unrealistic that a new hotel wou d be built or redeveloped in Vail without some sort of lodging mix, such as fractional fee clubs. He said businesses must now come up with innovative ways to redevelop, while continuing to meet the expectations of their customers if they are to survive. Mr. Faessler then pointed out that improvements had not been made in the Village to keep up with those on the mountain and suggested that something must be done so Vail is worth the high dollar customers pay for it. Council members felt that allowing the fractional fee club approach would contribute to Vail's revitalization, and that the Town could retain control over such proposals by reviewing them on a case by case basis. Sybill then moved to approve Ordinance No. 22, Series of 1996, and Mike Jewett seconded the motion. A vote was taken and passed unanimously, 6-0. Paul then joined the meeting at approximately 8:55 p.m. He had previously recused himself from the discussion due to a possible conflict of interest. The fourth item on the agenda was Town Manager's Report. In addition to the report included in Council packets, Bob McLaurin said the Town had engaged a mechanical engineer to explore the feasibility of he&g the streets in the Village core. Details of the analysis would then be brought back and discussed wirmpluouncil, he said. Last year, Bob explained, approximately $175,000 was spent on snow removal in the Village core. Environmental issues surrounding heated streets remain to be discussed and reviewed, he stated, but that such a concept could help facilitate loading and delivery issues, as well as enhancing pedestrian safety. Bob said the cost of the analysis was covered in the Public Works operating budget. Council members then reviewed their calendars and agreed on January 22 to schedule dinner with the Avon Town Council. The two Councils are to discuss issues of mutual concern. There being no further business a motion was made by Rob for adjournment. Mike seconded the motion and the meeting was adjourned at approximately 9:05 p.m. AIM EST: C�4 ccut—kW-K, Holly McCutcheon, Town Clerk Respectfully submitted, /f Robert W. Armour, Mayor Vail Town Council Evening Meeting Minut-danur y 7, 1997 y Minutes taken by Holly McCutcheon (*Names of certain individuals who gave public input may be inaccurate.) i • W Vaii Town Council Evening Meenng Minutes January 7. '1997 !l I'OWN OF VAIL !`,South Frontage Road I, Colorado 81657 970-479-2100 FAX 970-479-2157 MEDIA ADVISORY January 8, 1997 Contact: Suzanne Silverthorn, 479-2115 Community Information Office VAIL TOWN COUNCIL HIGHLIGHTS FOR JANUARY 7 Work Session Briefs Council members present: Armour, Foley, Ford, Jewett, Kurz, Navas (Johnston joined the meeting following the fractional fee club discussion) --Employee Recognition Mike Vaughn, a technician in the Fire Department, was recognized for 15 years of service. He received a check for $1,000 as part of the town's employee recognition program. --Fractional Fee Clubs as Conditional Uses in the Public Accommodation Zone District In preparation for the evening meeting, Council members reviewed a rewrite of an ordinance allowing fractional fee clubs as conditional uses in the Public Accommodation Zone District, subject to specified criteria. During discussion, Stan Cope, who manages the Lodge Tower and the Vail Athletic Club, recalled his experiences with fractional management and said the concept was a good one. He asked Council to tweak the proposed ownership ratio (which it did) and to consider requiring fractional fee clubs to pay into the Vail Valley Marketing Fund. Fractional fee clubs are similar to a private club, he said, and they fill a special marketing niche. Also, he said the product directs people into facilities that get a higher use rather than building trophy homes that are underutilized. Cope cautioned the Council to allow as much flexibility as possible on the management details. Also during discussion, the Council heard from three members of the Planning & Environmental Commission with suggestions to modify the ordinance. In addition, Gordon Pierce, representing the applicant, Sonnenalp Properties, Inc., distributed comparative data showing current interval ownership properties in the Vail Valley outperforming average Vail Valley hotel occupancy levels by 23%. The analysis also showed a net annual gain in sales tax revenue to the town with redevelopment of the Austria Haus. Councilman Rob Ford said he worried the Council was getting too far ahead of its constituency in approving the proposal, due to the community's lack of understanding. But Mayor Bob Armour said he'd talked to a number of people who expressed support for the modified ordinance. Councilman Ludwig Kurz said he'd heard both sides of the argument. The Council later voted 6-0 (with Paul Johnston recusing himself) to approve the measure on first reading. Please see evening meeting briefs for a full recap of the modifications. (more) «RF(TC'LEDPAPER TOV Council Highlights/Add 1 For more information, contact George Ruther in the Community Development Department at 479-2145. --Information Update Town Manager Bob McLaurin distributed a draft news release outlining the first stages of the Lionshead redevelopment master planning process in anticipation of its release later today. Also, there was a reminder about the Land Ownership Adjustment Agreement meeting Thursday evening at the West Vail Lodge. --Council Reports Mayor Bob Armour reported on an executive committee of the Colorado Association of Ski Towns (CAST). Topics included transportation issues, dues, and lobbying efforts. A regular CAST meeting will be held in Avon Jan. 9 and 10. Also, Armour noted his involvement in dedication of the new gondola and the annual tree lighting ceremony. Kevin Foley gave a brief report on the Jan. 2 West Vail Interchange public process meeting. Surveys are currently being distributed to West Vail residents and businesses to probe access and other impacts related to the construction of roundabouts. Survey results will be reviewed at the next round of public meetings on Jan. 16 and 17. Plans . call for construction to begin in April 97 or April 98, depending on availability of funds. Paul Johnston said the Eagle Valley Leadership Coalition had met to discuss ways it could help champion the affordable housing issue. Once a design is developed for the seasonal housing units planned for the Public Works Shops, Johnston said the coalition would be interested in seeing it. Sybili Navas noted that two students from Mt. Buller, Australia have arrived for a six week stay as part of the Vail Valley Exchange program. --Other Kevin Foley inquired about the status of metal ski lockers in Lionshead. Foley has been critical of the appearance of the lockers. Bob McLaurin said the town is working with Vail Associates in an attempt to resolve the issue. Foley also expressed concern about long waits for the in -town shuttle that he and others encountered during the holidays. Sybill Navas agreed, saying the Crossroads stop was especially troublesome. Bob McLaurin said the spacing of the buses improved as the holidays progressed. He said the problems occurred when the buses fell behind schedule due to cars blocking the route, traffic and other obstacles. By the end of the peak period, he said nine buses were being used on the in -town route. He said the department will continue to monitor the situation throughout the winter and will make additional adjustments as necessary. i (more) • TOV Council Highlights/Add 2 Michael Jewett asked that name badges and/or placards be issued to the town's bus drivers so compliments and/or complaints could be registered more easily. Paul Johnston expressed concern about what he called an inequity between the town and Warner Development on the Vail Commons housing units. Johnston said it isn't fair that Warner is assessing a penalty fee for those who close late on their properties, when some of those properties aren't being completed as originally scheduled. Evening Session Briefs Council members present: Armour, Foley, Ford, Jewett, Kurz, Navas (Johnston joined the discussion following the vote on fractional fee clubs) --Citizen Participation There was no citizen participation. --Resolution Designating a Public Place for the Posting of Official TOV Notices The Council voted 6-0 to approve a resolution (this must be passed annually) detailing the posting of public notices for the town. Notices will continue to be posted on the bulletin boards at the east and west entrances of the Town of Vail municipal offices as the designated posting place for full and timely public notices. --Fractional Fee Clubs as Conditional Uses in the Public Accommodation Zone District The Council voted 6-0 (Johnston had previously recused himself from the discussion due to a possible conflict of interest) to approve first reading of an ordinance adding fractional fee clubs as a conditional use in the Public Accommodation Zone District. In voting to support the measure, the six council members said the conditional use would contribute to Vail's revitalization and vitality with an emphasis on increasing the supply and use of "live beds." Additionally, by allowing reviews on a case -by -case basis as the ordinance is written, council members said the town would be in a position to exercise tight control over fractional fee club proposals. The ordinance approved on first reading last night was rewritten following discussions at the Council's Dec. 17 meeting. Changes included: removing the more traditional time-share approaches (estate units and license units) within the scope of the ordinance and focusing strictly on fractional fee clubs; requiring no net loss of existing hotel rooms, modifying the ownership of a fractional fee club unit to no fewer than 6 and no more than 12 owners per unit; requiring the property to be managed on -site with a front desk operation 24 hours a day, seven days a week; requiring that all units not occupied by the owner be available for rent; and encouraging lock -off units which may count toward up to 50 percent of an accommodation unit. The ordinance was drafted at the request of Sonnenalp Properties, Inc., which proposes a fractional fee club redevelopment of the Austria Haus property at 242 East Meadow Drive, in addition to hotel rooms, commercial space and other improvements. Approval of fractional fee club units as a conditional use within the zone district is needed before the applicant is able to proceed with its request . for a Special Development District for redevelopment. During last night's discussion, the Sonnenalp's Johannes Faessler said Vail can no longer be complacent in retaining guests or attracting new ones. There are signs Vail is at a crossroads, he said, with (more) TOV Council Highlights/Add 3 • prices reaching a plateau and guests increasingly questioning the value they receive. Faessler said it is economically unrealistic to hope that a new hotel will be built or i redeveloped in Vail without adding some form of lodging mix, such as tractional fee clubs. He asked the Council to do more than write a redevelopment goal on a piece of paper. Otherwise, he said customer demands will be met elsewhere. Also during discussion, residents Rod Slifer, Joe Staufer and Dick Cleveland spoke against the loss of existing accommodation units and Dan Telieen cautioned about the use of lock -offs. Slifer disputed the developer's higher -than -hotel occupancy estimates for fractional fee club units and expressed concern the conditional use would cause the conversion of Vail's small lodges, which contribute to Vail's uniqueness. Staufer echoed Slifer's comments, while Cleveland raised questions about specifics of the redevelopment proposal for Austria Haus. Telleen said the lock -off units won't serve Vail's accommodation needs because a convention or wedding party wouldn't be able to book the units with enough advance notice. Council members emphasized last night's first reading approval was not an approval of the Austria Haus proposal. They said there will be ample opportunity to comment on the proposal during the development review process. For more information, contact George Ruther in the Community Development Department at 479-2145. --Town Manager's Report Bob McLaurin indicated a feasibility study is underway to explore heating the streets in • the Village core. A mechanical engineer will study the area from the top of the Vail Transportation Center to the top of Bridge Street and Gore Drive. Until recently, McLaurin said he had resisted the idea. But as discussions have continued on the loading and delivery issue, he said the elimination of snow removal operations in the core would help relieve some of the problems with loading and delivery. Pedestrian safety would be enhanced, as well. McLaurin said he would have additional information for the Council within a month. Also, the Council selected Jan. 22 as the date proposed for a joint meeting with the Avon Town Council to discuss issues of mutual concern. The Council had asked McLaurin to gauge Avon's interest following a meeting between the Vail and Breckenridge councils several weeks ago. In contacting Avon Mayor Jack Fawcett, McLaurin said the Avon Council welcomed the opportunity. --Other Paul Johnston clarified a matter about the new loading and delivery policy which was reported to the Council at the Dec. 17 meeting. He said large trucks are permitted on Hanson Ranch Road. The previous announcement had indicated large trucks were prohibited. UPCOMING DISCUSSION TOPICS January 14 Work Session . PEG/DRB Review Executive Session (re, Parking Ticket Fees) (more) • TOV Council Highlights/Add 4 January 21 Work Session DRB Review Pine Beetle Discussion Proposed East Vail Water Tank Project Discussion January21 Evening Meeting First Reading, Ordinance No. 1, Transportation Businesses Second Reading, Ordinance No. 22, Fractional Fee Club Conditional Use in Public Accommodation Zone District • • y TOWN OF VAIL South Frontage Road 1, Colorado 81657 970-479-2100 MEDIA ADVISORY FAX 970-479-2157 January 15, 1997 Contact: Suzanne Silverthorn, 479-2115 Community Information Office VAIL TOWN COUNCIL HIGHLIGHTS FOR JANUARY 14 Work Session Briefs Council members present: Foley, Ford, Jewett, Johnston, Kurz, Navas --PEG Review During a recap of the Jan. 13 meeting of the Planning and Environmental Commission, a request by Lodge Properties, Inc., to amend the Vail Village Master Plan and the Vail Land Use Plan on property located south of the Lodge Tower, triggered questions by the Council on the status of long-term planning for loading and delivery in the Village core. The Lodge property, which, until recently, had been tied up in a lawsuit over a land trade, has been identified by the town as a potential site for centralized delivery. Although the Town Council has authorized an analysis of the site, Town Manager Bob McLaurin said the study had been delayed because of the inability to find a qualified consultant. Following comments from Council members Sybill Navas and Paul Johnston, and Jim Lamont of the East Village Homeowners Association --all acknowledging the need to move forward with the study--McLaurin said he'd do what he could to provide the Council with research and a recommendation on the issue. For details, contact McLaurin at 479-2105. Also during the PEC review, Jim Lamont of the East Village Homeowners Association said his group isn't satisfied with Council's first reading approval of the fractional fee ordinance. He said the ordinance, as written, doesn't have the strength to maintain a balance of accommodation units in the town's Public Accommodation Zone District. --Investment Policy The Council reviewed a draft of proposed changes to the town's investment policy. The changes mirror a sample investment policy created by the Government Finance Officers Association, a national trade association. The industry recommendations are intended to tighten investment policies nationwide following the Orange County, Calif., bankruptcy in 1994. Although Steve Thompson, TOV finance director, offered assurances that Vail's investment philosophy has been extremely conservative over the years, six policy changes were recommended to the Council. They are: 1) adding "liquidity" to investment objectives (the ability to quickly sell securities if immediate cash is needed); 2) adding an ethics/conflict of interest statement; 3) (more) LaRECYCLEDPAPF,R TOV Council Highlights/Add 1 changing required Council reporting from monthly to quarterly; 4) requiring a market value disclosure in the quarterly report; 5) allowing banks to collateralize deposits with any securities allowed by the Public Deposit Protection Act; and 6) deleting an allocation of interest to the general fund of five percent intended to cover investment accounting costs. Council members agreed to move forward in adopting the changes. An ordinance will be prepared for first reading at the Jan. 21 evening meeting. For additional details„ contact Thompson at 479-2116, or Christine Anderson at 479-2119. --Information Update Public Works Director Larry Grafel presented a request by the Vail Village Club (formerly Seranno's) to allow exterior and interior construction on Saturdays during the remainder of the ski season. The project, which previously was approved for Monday - through -Friday construction, could gain six weeks by adding Saturdays, according to the contractor. During discussion, Council member Paul Johnston expressed his personal frustration with noise, traffic and other impacts caused by the neighborhood construction. Johnston said the immediate Saturday schedule would only aggravate the current problems. Instead, he suggested adding overtime hours beginning in April. But Jim Viele, the project's contractor, said the April overtime wouldn't work due to availability of personnel. At the suggestion of Council members Michael Jewett, • Ludwig Kurz and Sybill Navas, the council approved the following: • Exterior work will be allowed from 8 a.m. to 5 p.m. Monday through Saturday. • Interior work will be allowed from 8 a.m. to 7 p.m. Monday through Saturday. • No work will be allowed Feb. 15-17 (President's Weekend); March 15-16 (World Cup); and March 29-31 (Easter). • The developer will provide traffic control at Hanson Ranch Road. • No Saturday deliveries will be allowed. • Compliance review by Council at the Feb. 11 work session. Next, Assistant Town Manager Pam Brandmeyer encouraged Council members to participate in the Lionshead master planning process which begins Jan. 19 and 21. --Council Reports Paul Johnston said the Eagle County Recreation Authority had met and extended the equestrian center's management agreement to Sept. 30, 1997. The extension means it will be business as usual for the equestrian operation through the summer. Sybill Navas provided an update on the Northwest Colorado Council of Governments Water Quality/Quantity Committee which is working on a sample ordinance for local water regulations. Also, she said the Special Events Commission is attempting to bring the American Pro Beach Volleyball Tour to Vail during Aug. 8-10. Kevin Foley reported on meetings of the Village merchants and the Lionshead merchants. Also, he said 70 proposals have been submitted to the Art In Public Places Board for an art piece at Seibert Circle, including one proposal from as far away as Spain. (more) TOV Council Highlights/Add 2 --Other 40 Kevin Foley inquired about missing plexiglass at the Lionshead bus stop, while Sybill Navas asked about the correlation between the number of building inspections and the number of building permits issued in 1996. UPCOMING DISCUSSION TOPICS January 21 Work Session DRB Review Pine Beetle Discussion Proposed East Vail Water Tank Project Discussion January 21 Evening Meeting First Reading Ordinance No. 1, Transportation Businesses Second Reading, Ordinance No. 22, Fractional Fee Club Conditional Use in Public Accomodation Zone District January 28 Work Session PEC Review Public Session re: Loading & Delivery Public Works Employee Housing Process Sign Off February 2 Work Session Site Visit and Discussion of Ordinance No. 2, SDD #34 February 4 Evening Meeting First Reading Ordinance No. 2, SDD #34 Second Reading Ordinance No. 1, Transportation Businesses Second Reading Ordinance No. 3, Amending Investment Policy February 11 Work Session PEC/DRB Review Review of Sound Ordinance 0