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HomeMy WebLinkAbout1998-04-07 Town Council Minutes•VAIL TOWN COUNCIL MEETING -- MINUTES TUESDAY, APRIL 7, 1998 7:00 P.M. A regular meeting of the Vail Town Council was held on Tuesday, April 7, 1998, at 7:00 P.M. in the Council Chambers of the Vail Municipal Building. The meeting was called to order at approximately 7:00 P.M. MEMBERS PRESENT: Rob Ford, Mayor Ludwig Kurz, Mayor Pro-Tem Bob Armour Sybill Navas Michael Arnett Michael Jewett Kevin Foley TOWN OFFICIALS PRESENT: Bob McLaurin, Town Manager Tom Moorhead, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was citizen participation. There was no citizen participation. . Councilmember Mike Jewett left to attend a caucas and will return. The second item on the agenda was the consent agenda approving the minutes from the meetings of March 3 and March 17, 1998, Councilmember Bob Armour made a motion to approve the minutes for the March 3 and March 17, 1998 meetings, the motion was seconded by Councilmember Sybil[ Navas. A vote was taken, and the motion passed unanimously, approved 6-0. The third item on the agenda was the second reading of Ordinance No. 3, 1998, amending Special Development District #30 (Vail Athletic Club) and Ordinance No. 2, Series of 1996, to allow for a change in the number of dwelling units/accommodation units, modifications in common area square footage and GRFA, a modification to the EHU timing requirements, and amending the development plan in accordance with Title 12, Chapter 9, of the Vail Municipal Code. The Vail Athletic Club is located at 352 E. Meadow Drive, Parcels A & B, Vail Village First Filing. George Ruther, Town Planner, stated that the staff quantified the numbers as requested by Council. He read through the PEC memo and stated all changes per the Council request were made to the Ordinance. Mayor Rob Ford apologized to Stan Cope, representing the applicant, for the previous meeting ending earlier than expected. • Councilmember Bob Armour stated he is concerned this ordinance now gives the Vail Athletic Club another three years to do the project. He doesn't want the Vail Athletic Club • to keep extending the project. Stan Cope stated some parts of the project will happen this year and next spring. The intention is to complete the project. Councilmember Bob Armour asked if they would agree to change the completion date from three years to a specific date of July 5, 1999. Tom Moorhead stated that per the Town of Vail Municipal Code the extension is good for three years. Tom also stated that there are two issues to changing the time frame of this request, the municipal code and vested rights. Vested rights are regulated by state statute and the Town of Vail follows these regulations. Mayor Rob Ford asked what the consequences could be if the project is not done in the three year time frame. Councilmember Sybill Navas asked if it is possible to write an ordinance to override the vested rights statute of the State. At this time, Tom Moorhead left to read the municipal code for further clarification. • Stan Cope stated he would like a reasonable amount of time to complete the project. He also clarified the concerns regarding the snowmelt system on the west side of the building and the trash enclosure. Since there is no trash enclosure plan, no snowmelt removal system is necesssary. Stan also stated the first two floors of the Vail Athletic Club have been remodeled. George Ruther stated there was a question about the proper notification of adjacent property owners regarding this project. George stated for the record that the Community Development Department sent notification to the Mountain Haus Home Owners Association on January 23, 1998, with verification of the address from Eagle County's address of record. Tom Moorhead read Sections 12.9a-12, 12-9a-10, and 12-9a-4. The language contained is mandatory language. Tom reviewed Chapter 19, Vested Property Rights. The chapter does not create vested property rights but supports the state law, adopted by ordinance. Section 12-19-6 states that vested property rights are for three years. The effective date of approval is the date of original approval. Tom recommended Council to come to an agreement with the applicant as to the date of expiration of this amendment to the original Special Development District. Mayor Rob Ford asked if the Council could add to the ordinance that if this major amendment is not completed in the next three years that no furhter amendments could be • done. Tom Moorhead recommended this ordinance state a specific date of completion, then the applicant could ask for an extension. However the Council may not approve the extension. Mayor Rob Ford asked if the staff could set a date to add to the ordinance. Stan Cope stated he would consider the date of May 1, 2000. Councilmember Kevin Foley asked about the completion of the two floors of the Vail Athletic Club and about the delay of their employee housing. Stan Cope statedaid the employee housing has been delayed but they are working with the Affordable Housing Team to buy and deed -restrict units and go beyond the minimum requirements. Councilmember Bob Armour made a motion to approve Ordinance 3, Series of 1998 on second reading with the changes previously requested and adding the expiration date of May 1, 2000 and striking the three year deadline. The motion was seconded by Councilmember Kevin Foley. After further discussion, a vote was taken and the motion was passed unanimously, 6-0. The fourth item on the agenda was first reading of Ordinance No. 5, Series of 1998, .amending Title 11, Sign Regulations, of the Municipal Code, allowing for temporary traffic control , directional and on -site window signs, and a special review process for temporary signs, due to the numerous construction projects in Vail Village during the 1998 summer construction season. George Ruther, Town Planner, stated on Tuesday, March 31, the Town of Vail hosted a Vail Village Contractor's Meeting. The purpose of the meeting was to have a discussion with the Town of Vail, the contractors, the merchants and the Vail Village property owners regarding construction in Vail Village during the 1998 summer construction season. During the discussion, it was suggested that the Town of Vail adopt an ordinance allowing for temporary traffic control, directional and on -site signs in Vail Village. The goal of the proposed ordinance would be to help minimize the negative effects of construction on Vail Village this summer season. It was suggested that the ordinance be similar to the temporary sign ordinance the Council passed last May to minimize the effects of the West Vail Roundabout construction on the West Vail merchants. George stated that changes were made to the ordinance per the Council's request at the afternoon worksession Mayor Rob Ford, stated for the record, this ordinance was created because of the amount of construction going on in Vail Village, and this is a temporary ordinance which expires in September of 1998. Councilmember Bob Armour made a motion to approve on first reading, Ordinance 5, .Series of 1998, seconded by Councilmember Ludwig Kurz. A vote was taken, the motion unanimously, 6-0. Councilmember Mike Jewett returned. Councilmember Mike Arnett left the room for a few minutes. The fifth item on the agenda was Proclamation No. 2, Series of 1998, a Proclamation of Teacher Appreciation Week. Mayor Rob Ford read the proclamation for the record. Councilmember Sybil] Navas made a motion to adopt Proclamation No. 2, Series of 1998, and was seconded by Councilmember Bob Armour. A vote was taken, and the motion passed unanimously, 6-0. The sixth item on the agenda was Proclamation No. 3, Series of 1998, a Proclamation for Days of Remembrance for 1998. Mayor Rob Ford read the proclamation for the record. Councilmember Sybill Navas made a motion to adopt Proclamation No. 3, Series of 1998 and was seconded by Councilmember Mike Jewett. A vote was taken, the motion passed unanimously,7-0. The seventh item on the agenda was Proclamation No. 4, Series of 1998, a Proclamation declaring the week of April 5-10 as International Building Safety week in the Town of 9 Vail. Gary Goodell, Building Official, stated that municipalities from around the world are also proclaming this as International Building Safety Week. He also stated he is going to come in front of Council in a few weeks to ask the Council to adopt more current building codes. Mayor Rob Ford read the proclamation. Councilmember Kevin Foley made a motion to adopt Proclamation No. 4, Series of 1998, seconded by Councilmember Ludwig Kurz. A vote was taken, the motion passed unanimously, 7-0. The eighth item on the agenda was Proclamation No. 5, Series of 1998, a Proclamation Honoring American Athletes who Medaled in the 1998 Winter Olympics in Nagano, Japan. Mayor Rob Ford read the proclamation for the record. Councilmember Mike Arnett made a motion to adopt Proclamation No. 5, Series of 1998, seconded by Councilmember Bob Armour. A vote was taken, the motion passed unanimously, 7-0. . Councilmember Kevin Foley stated he would like to see some Vail names in Salt Lake City at the 2002 Olympics. . The ninth item on the agenda was a discussion of the Eagle County Recreation Authority/School District Intergovernmental Agreement for Berry Creek 5th. Tom Moorhead, Town Attorney, explained the concept plan considers the planning process jointly for the Miller Ranch property and the Berry Creek 5th property. The conceptual plan has been under consideration for approximately one and a half to two years. There have been several public meetings. The Eagle County Recreational Authority will be meeting soon and the Town of Vail representatives will need to have direction on what the Town of Vail's position is on this concept plan. Mayor Rob Ford is the representative. Councilmember Mike Arnett has a concern about the density and usages of the property. Mayor Rob Ford stated this council is not enamoured with the Town of Vail involvement in this concept. The Town of Vail Council's ability to withdraw is not feasible. Tom Moorhead stated this has been an ongoing process since 1991. He explained the past concepts of the properties. The Eagle County School District purchased the Mller Ranch property. The school district's goal is to provide housing for their employees. Further discussion ensued regarding possible partners ( the Metro Districts in Eagle . County), density concerns and employee housing. Mayor Rob Ford asked if this conceptual plan will enhance possible partners to come forth. Tom Moorhead stated that anything done to the property, jointly pursued, would be an asset. Councilmember Bob Armour stated the approved sketch plan had over 100 units, until it expired. He would like the Town divest itself of this property, sell it and bring the funds back to Vail. He stated by approving the concept plan, it confuses the plan for the Town to get out of ownership of the property. Bob stated that breaking up the property would not make this property attractive to future buyers. Councilmember Kevin Foley would like to see more employee housing on the site. Mayor Rob Ford stated we can't get the opportunity to move this along without approving the concept plan. Councilmember Sybill Navas asked if we approved the concept plan if we are also approving the intergovernmental agreement. Tom Moorhead stated the approval of the concept plan would not be approving the • intergovernmental agreement. The intergovernmental agreement is still in the draft stage. The transfer of property would be contingent upon certain agreements in place prior to transferring of the property. The intention is to reach agreement and follow through with the planned agreement. The Concept Plan is a concept and was the choice of the Eagle County School District and the Eagle County Recreation District. Tom Moorhead explained that the rest of the partners have approved the concept plan. The next stage would be to develop a sketch plan and come to terms on intergovermental agreement. Councilmember Ludwig asked if this obligated the Town of Vail for any financial contributions and if we reject the concept plan at this time, does it go anywhere and what does it do to the planning. Tom Moorhead said the agreement and the planning costs would be split according to ownership. The sketch plan has been extended and additional planning costs would be incurred for the Berry Creek 5th property. if there is not agreement of this concept plan, the Eagle Count School District and Eagle County Recreation Distict would have to go forward with other plans. Councilmember Bob Armour moved to reject the concept plan, and was seconded by Mike Arnett. Further discussion ensued. e Councilmember Sybill Navas stated the Town still has the opportunity to vetoe the plan at the integovern mental agreement stage. She is in favor of approving the plan at this time. Bob McLaurin stated that as good stewards we need to continue to be involved in this process until such time the Town of Vail can get out of the property. Councilmember Kevin Foley asked when was the Eagle County Recreation Authority formed. Tom Moorhead stated the Town owns 60% of the property and the other entities own 40% of the property which constitutes the Eagle County Recreation District. A vote was taken, the motion was declined 3-4, (Councilmembers Sybill Navas, Ludwig Kurz, Mike Jewett and Rob Ford opposed). Councilmember Sybill Navas made a motion to approve the concept plan, the motion was seconded by Councilmember Ludwig Kurz. A vote was taken, and the motion was approved 4-3. Councilmembers Mike Arnett, Kevin Foley and Bob Armour opposed. The tenth item on the agenda was summary action by the Town Council regarding the Vail Valley Center Mayor Rob Ford stated there were concerns by the Town of Vail Council on this project. .He read the letter the Council sent to the Eagle County Planning Commission regarding the project stating the project should be denied as it is presently presented. The eleventh item on the agenda was an announcement of Common Ground Public Meetings to be held Tuesday, April 14, 1998, from 9:00 a.m. to 11:00 a.m. at the Vail Cascade Hotel; and on Thursday, April 16, 1998, from 5:00 p.m. to 7:00 p.m. at the Sonnenalp Hotel. Mayor Rob Ford invited the public to attend the common ground meetings. The twelvth item on the agenda was the town manager's report. Bob McLaurin, Town Manager, added the Town is continuing to work with the Village property owners to improve streets and add a snowmelt system. They would like to have a special election in November of 1998. The bus schedule will continue through April 19th and the parking structures will remain open and will be free aftern April 13th. Councilmember Bob Armour stated the upper portion of Vail Mountain will stay open past April 19th. Bob McLaurin stated the Village merchants are talking about offering free lift tickets on the Vista Bahn this summer. • Mayor Rob Ford stated the internet web site is now available. As there was no further business, Councilmember Ludwig Kurz made a motion to adjourn, Councilmember Kevin Foley seconded the motion. A vote was taken, and the motion passed unanimously, 7-0. The meeting adjourned at 8:25 p.m. ATTEST: yv�x LoKlei Donaldson Town Clerk L� Respectfully submitted, Ludwig Kurz Mayor Pro -Tern 0 MEDIA ADVISORY April 8, 1998 Contact: Suzanne Silverthorn, 479-2115 Community Information Office VAIL TOWN COUNCIL HIGHLIGHTS FOR APRIL 7 Please note. The start time for the evening meeting has been changed to 7 p.m., 30 minutes earlier than the previous start time. Work Session Briefs Council members present: Armour, Arnett, Ford, Jewett, Kurz, Navas --Employee Anniversary Sgt. Mike Warren and Officer Brad Baldwin of the Police Department were each recognized for 10 years of service to the town. --Design Review Board Review During discussion of the most recent DRB meeting, Councilman Michael Jewett suggested the Council call-up DRB's approval of a staff decision to approve an exterior wall sign for City Market. Jewett, who said there had been a question as to whether the sign conforms to TOV's sign code, suggested calling up the matter within the required 10-day waiting period so as not to impede or delay the applicant's progress. Although Jewett's motion died for lack of a second, Town Manager Bob McLaurin said the staff would research the matter and take appropriate action. For more information, contact Dominic Mauriello at 479-2150. --Inclusionary Zoning Presentation Chuck Ogilby, a volunteer from the Vail Tomorrow Affordable Housing Team, presented examples of inclusionary zoning that have been approved in Whistler, Snowmass Village, Crested Butte, Telluride, Aspen and in other ski resorts. He asked the Council to move forward in adopting similar legislation within the Town of Vail to be applied to commercial projects. As proposed, Ogilby suggested using a formula similar to the Snowmass Village ordinance that would house 62 percent of a project's employees on site. A second tier would provide the balance of the 62 percent figure within the town's boundaries. A third (and least desirable) option would provide a cash -in -lieu formula (more) Vail Council Highlights/April 7, 19981Addl similar to the town's parking pay -in -lieu formula. Ogilby said the incuusionary zoning concept should be considered as a funding --and siting --source for housing during the Common Ground public involvement process. Because of the increased possibilities within Lionshead and other commercial areas, Ogliby said the increased possibilities for additional housing in Vail are "phenomenal." And, he said the concept would take the pressure off the possibility of using some of the town's open space parcels for the construction of affordable housing. Reaction by the Council was cautiously favorable. Councilman Michael Arnett said the proposed pay -in -lieu component could be helpful in generating the funding needed to pursue the possibility of adding housing to the top deck of the parking structures, while Councilman Michael Jewett expressed concerns about equitable employee -employer relationships among those who would reside on - site. Mayor Rob Ford said the Town Council may well be moving in the direction of inculsionary zoning or an employee generation ordinance, depending upon the outcome of the Common Ground process. Ford said the controlling factor in the discussions in Vail and throughout the county will be the amount of available land for affordable housing. Ogilby said if the Town of Vail took the lead in such an effort, Eagle County would likely follow close behind. Chuck Ogilby can be reached at 476- 3070. --Discussion of Temporary Signs during Vail Village Summer Construction • In preparation for the evening meeting, the Council reviewed a draft ordinance that would allow for additional flexibility in the type and number of signs to be allowed on a temporary basis during the summer construction season in Vail Village. Up to 16 public and private construction projects are planned for the area between mid -April and mid - September, including the renovation of Slifer Plaza, installation of heated stairways at the Vail Village Parking structure and the Seibert Circle streetscape project. Weekly Thursday briefings have been scheduled for contractors, merchants, and property owners beginning at 10 a.m., April 16 at the Red Lion. Please see evening meeting briefs for a recap of the ordinance, which was approved on first reading by a vote of 6- 0. For more information, contact George Ruther, senior planner, in the Community Development Department at 479-2145. --Information Update Announcements included: Vail Village Merchant Assn. meeting at 8:30 a.m. April 8 at the Colorado Ski Museum; the Lionshead Merchant Assn. meeting at 10 a.m. April 9 at Montauk; and the Community Development Department's open house during International Building Safety Week. Town Manager Bob McLaurin presented an update on a recent meeting of the Vail Village Property Owners Assn. He said the organization has expressed interest in helping to cost -share a heated streets program. McLaurin said he's currently researching various financing mechanisms which could include creation of a special improvement district. McLaurin said it's possible the group could bring the matter to a public vote in the November 1998 election. Councilman Ludwig Kurz noted the timetable appears to be tight. (more) Vail Council Highlights/April 7, 1998/Add2 --Council Reports Bob Armour gave an update on the status of two bills in the state legislature. HB-1200, which would enable a Vail Valley taxing district for marketing, has been heavily amended and will be going to a joint conference committee. Also, he said a fixed guideway bill has cleared another hurdle. The bill is supported by the Colorado Association of Ski Towns. Sybill Navas said the delegation from Mt. Buller, Australia, thoroughly enjoyed their visit to the Vail Valley last week. She said the group looks forward to hosting a reciprocal visit by representatives from the Vail Valley in August. Also, Navas reported on her recent attendance at a Northwest Colorado Council of Governments meeting in Jackson County. Michael Jewett said he, too, enjoyed hosting the Mt. Buller delegation. He said he looks forward to the creation of an equitable exchange program between the two parties. Rob Ford said the area mayors and town managers would be meeting on April 8 to continue their work in developing a meaningful relationship with the Eagle County Commissioners. Ford said the group was encouraged that proponents of the Vail • Valley Centre proposal asked that the matter be tabled to allow for additional revisions. Ford also encouraged participation in the Common Ground public workshops next week and announced that the expanded Town of Vail web page is up and running on the Internet. The address is vail.netltov. --Other Ludwig Kurz said he spent a day hosting a group from a ski resort in Austria recently. The group was particularly impressed with Vail mountain, he said, as well as the heated sidewalks and the Vilar Center at Beaver Creek. Michael Jewett thanked Town Manager Bob McLaurin and staff for working with the Colorado Department of Transportation to commit to install a guardrail on the South Frontage Road near the Ruins in West Vail . The work will be done this summer. Jewett had been advocating the project on behalf of a constituent. Sybill Navas received confirmation that the Gore Creek Promenade area in Vail Village would be re -sodded this spring. She also reported that the lights are out at the East Vail interchange. In addition, Navas said she would fully support an inclusionary zoning ordinance. Michael Arnett said an inclusionary zoning ordinance or employee generation ordinance should be an essential component of the Lionshead Master Plan. On another topic, Arnett said that he and Ludwig Kurz attended a contractors meeting for 40 the Vail Village summer construction season. Arnett stressed the importance of creating effective staging plans for both private and public projects to help minimize the impacts. (more) • Vail Council Highlights/April 7, 1998/Add3 Councilmembers received an overview of next week's Common Ground public workshops scheduled for April 14 and 16. • Evening Session Briefs Council members present: Armour, Arnett, Foley, Ford, Jewett, Kurz, Navas --Citizen Participation There was no citizen participation. --Vail Athletic Club The Council voted 7-0 to approve second reading of a major amendment to the Vail Athletic Club Special Development District. The vote came after Councilmembers modified the ordinance to specify a completion date of May 1, 2000 after hearing from Stan Cope, the project's applicant, that some construction is planned for this year, with the bulk of the renovation to occur in the spring and summer of 1999. The town originally approved the VAC's application for a Special Development District in 1993. The most recent approval allows for modifications to the parking garage, restaurant, common areas and accommodation units, the conversion of one two -bedroom dwelling unit to a "presidential suite" accommodation units, and the expansion of one dwelling unit. Overall, the VAC will have a total of 54 hotel rooms, 3 dwelling units and 4 employee housing units. For more information, contact Mike Mollica in the Community Development Department at 479-2144. --Temporary Signs During Summer Construction in Vail Village The Council voted 6-0 (Jewett had left the meeting briefly to attend a caucus) to approve first reading of an ordinance that allows for increased flexibility in the use of temporary signs within Vail Village between April and Sept. 8. The ordinance, to help mitigate construction impacts, is similar to legislation passed last year to assist merchants in West Vail during construction of the roundabouts. In addition to directional signs for public property, the measure allows for one additional window sign per frontage limited to a coverage of 20 percent of the total window space (up from the current 15 percent coverage area) with signs covering no more than 14 sq. ft. (up from 10 sq. ft. of any window space). For more information, contact George Ruther, senior planner in the Community Development Department at 479-2145. --Mayoral Proclamations The Council approved four mayoral proclamations: Teacher Appreciation Week; Days of Remembrance for 1998; International Building Safety Week; and a proclamation honoring American athletes who medaled in the 1998 Winter Olympics in Nagano. For copies, please contact Suzanne Silverthorn in the Community Information Office at 479-2115. (more) i Vail Council Highlights/April 7, 1998/Add4 --Berry Creek Fifth After a motion failed on a 3-4 vote to reject a conceptual plan for the Berry Creek Fifth property, the Council voted 4-3 (Armour, Arnett, Foley against) to approve the conceptual plan. The conceptual plan calls for pooling the 105-acre Berry Creek Fifth property with the adjacent 108-acre Miller Ranch property (owned by the school district) to create: an equestrian center, a 25-acre high school; a 40-acre recreation parcel; 28 acres of housing; an elementary school; the current middle school; 40 acres of open space on the easternmost edge of the Miller Ranch property; plus two alternative use sites as determined by the school district for such uses as a charter school, administration building, bus barn, or other educational uses. Although the other funding partners had previously approved the concept, Vail had veto power over the plan because of its 60 percent ownership status. The Council majority yesterday, while still advocating an interest in eventually selling Vail's ownership share, approved the concept, saying that the larger planning effort will better preserve the value of Vail's asset. Next steps include creation of an intergovernmental agreement that would allow for the redistribution of the parcels' ownership for future development. Other partners formed by the Eagle County Recreation Authority in 1989 are the Town of Avon, Eagle County and four metropolitan districts (Arrowhead, Beaver Creek, Eagle -Vail and Singletree). For more information, contact Tom Moorhead, Vail town attorney (who also serves as the recreation authority attorney), at 479-2107. --Vail Valley Centre Town Council Summary of Action Mayor Rob Ford read a letter sent to the Eagle County Planning Commission regarding the Council's continuing concerns regarding the Vail Valley Centre proposal. The letter is attached. --Common Ground Public Workshop Notice Mayor Rob Ford encouraged community members to attend next week's public workshops on the Common Ground process. The workshops are from 9 to 11 a.m. Tuesday, April 14, at the Vail Cascade Hotel and from 5 to 7 p.m. Thursday, April 16, at the Sonnenalp Bavaria Haus. For more information, contact Suzanne Silverthorn in the Community Information Office at 479-2115. --Town Manager's Report Bob McLaurin noted the following: the Vail Village Merchant Assn. will possibly request funding from the town to assist with free Vista Bahn lift tickets this summer to mitigate construction impacts; discussions continue with the Vail Village Property Owner's Assn. regarding the potential for a special improvement district to be created for heated streets; free parking in the structures begins April 13; and spring bus service begins April 20. Mayor Rob Ford announced the town's new Internet web site is up and running. The address is vail.net/tov. (more) Vail Council Highlights/April 7, 1998/Add6 UPCOMING DISCUSSION TOPICS April 14 Work Session PEC Review Lionshead Master Plan, Stage III Selection and distribution of Red Sandstone units/lottery April 21 Work Session DRB Review Lionshead Master Plan, Stage III Town Council Review of DRB approval of Red Sandstone; Review of Resolution No. 6; and Review of Ordinance No. 4, re: Red Sandstone Elimination of SDD April 21 Evening Meeting Lionshead Master Plan, Stage III Second Reading, Ordinance No. 5, re: Village Core Signs for Summer Construction 1998 First Reading, Ordinance #4, Red Sandstone Elimination of SDD First Reading, Ordinance #6, Open House/Garage Sale Signs First Reading, Ordinance #7, Regulating Parking of Recreational Vehicles Resolution No. 6, Approving Red Sandstone USFS/Both Falls Burn Presentation of Design Review Process •