HomeMy WebLinkAbout1999-04-06 Town Council Minutes0
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VAIL TOWN COUNCIL. - MINUTES
TUESDAY, APRIL 6, 1999
7:00 P.M.
The regular meeting of the Vail Town Council was held in the Town Council Chambers on
Tuesday, April 6, 1999. The meeting was called to order at approximately 7:00 P.M.
COUNCIL MEMBERS PRESENT:
COUNCIL MEMBERS ABSENT:
STAFF MEMBERS PRESENT:
Ludwig Kurz, Mayor Pro-Tem
Bob Armour
Michael Arnett
Kevin Foley
Michael Jewett
Sybill Navas
Rob Ford, Mayor
Bob McLaurin, Town Manager
Tom Moorhead, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation. Scott Magoun, a former Town of Vail
bus driver, appeared before the Town Council and stated he wanted answers. He thanked Bob
McLaurin for his letter but said the letter didn't answer his questions. He asked if Vail
Associates had reimbursed the Town.
Bob McLaurin, Town Manager, explained to the Town Council that a counter -suit by the Town
of Vail against Scott for reimbursement of property damage was dismissed once they learned
there had been a mistake. He apologized to Scott.
Scott stated he was upset that he had not been reimbursed for legal fees he incurred. Scott
wanted to know if the Town of Vail had been reimbursed or not.
Bob McLaurin asked Scott to submit any claims he had to the Town.
Scott said he was upset that this issue has taken 14 months to process and the cost of the legal
fees.
Council member Mike Jewett asked what was the cost of Scotts claim.
Scott said it was almost $1,000. Scott said at his trial, Susie Combs testified that the Town of
Vail insurance paid this claim, but the letter states Vail Associates paid the claim.
Further discussion ensued.
Council member Mike Jewett said that Scott should submit a claim in writing, to the Town of
Vail.
Scott Magoun asked how this mix-up could be prevented in the future.
1 Vail Town Council Minutes April 6, 1999
• Bob McLaurin asked if Scott had ever called his office to discuss the matter.
Scott said no he didn't. He was never told he could call Bob to discuss.
Bob McLaurin stated again that he was sorry this happened and said that we all make
mistakes.
The second item on the agenda was the consent agenda.
A. Approve the Minutes from the meetings of March 2 and 16, 1999.
Council member Sybill Navas made a motion to approve the minutes of March 2 and 16, 1999,
and was seconded by Council member Bob Armour. A vote was taken and the motion passed
unanimously, 6-0.
B. Proclamation No. 1, Series of 1999, Re: Building Safety Week.
Council member Bob Armour made a motion to approve Proclamation No. 1, Series of 1999,
Building Safety Week; Council member Sybill Navas seconded the motion. A vote was taken
and the proclamation was approved unanimously, 6-0.
The third item on the agenda was the appointments to Design Review Board.
Ludwig Kurz, Mayor Pro-Tem, thanked all the applicants who applied for the open positions on
the Design Review Board (DRB) and the Planning and Environmental Commission (PEC). He
stated there are two open positions on the Design Review Board each with a term expiration
date of March 31, 2001. The Council members voted by written ballot.
Council member Sybill Navas made a motion to appoint Melissa Greenauer and William Pierce
to the Design Review Board, and Council member Bob Armour seconded the motion. A vote
was taken and the motion passed unanimously, 6-0.
The fourth item on the agenda was the appointments to Planning and Environmental
Commission.
Mayor Pro-Tem, Ludwig Kurz, explained there are three open positions on the Planning and
Environmental Commission each with a term expiration date of March 31, 2001. The Council
members voted by written ballot.
Council member Sybill Navas made a motion to appoint Doug Cahill, .John Schofield, and Chas
Bernhardt to the Planning and Environmental Commission, and Council member Kevin Foley
seconded the motion. A vote was taken and the motion passed unanimously, 6-0.
Ludwig Kurz, Mayor Pro-Tem stated the DRB appointments begin on April 26, 1999 and the
PEG appointments start on April 21, 1999.
0 2 Vail Town Council Minutes April 6, 1999
The fifth item on the agenda was an update on the U.S. Forest Service (USFS) Control Burn.
• Dick Duran, Vail Fire Chief, explained the purpose of the controlled burn and that all the
surrounding fire departments are willing to help with the burn control.
Phil Bowden, a representative from the USFS explained in further detail the specific areas of
the controlled burn, and how the USFS decided which areas to burn. He explained there would
be a reduction of the speed limit from East Vail to the Main Vail Exit to 50 mph during and after
the burn for approximately 24 hours. He said sites two and three on the map are the burns they
plan to do this spring. Area one is slated to be an autumn burn, and site six will be done when
there is moisture around. The USFS needs the Town of Vail's permission because part of the
burn is on Town of Vail property. There is approximately 17 acres in site three that belongs to
the Town of Vail. Sites four and five will be cuts only in late autumn when there is snow. No
broadcast burning will be done on sites four and five, only cut and pile, then burn. Timing of the
burn will not be next week but possibly the following week. The schedule is highly weather
dependent and if the conditions are not right, the burn will be postponed until the weather is
optimum to permit the burn.
Phil Bowden also explained why the USFS is doing the controlled burns. The USFS is trying to
improve the bighorn sheep habitat by clearing downed timber. The bighorn sheep have a hard
time moving through downed timber. The burn is also necessary to reduce the natural fuel near
homes in site six, and to allow for sprouting of new aspen in the area. The aspen are in a
decline and sprouting will occur for aspens and the new growth will be more fire resistant. The
USFS will execute the burn safely. They have done quite a bit of planning and studying on how
• to accomplish the burn effectively and safely. The prescription of the burn is set so it doesn't
burn too hot.
Sue Rychel, a local resident, stated she is against the burn because of the unusual dryness of
this winter. She asked as the fire burns uphill and there are 65 people below the burn, who will
be up on the north side so the fire doesn't get away from them. And the second question is
who will remain on -site so the fire doesn't start again.
Phil explained that sites two, three and six will all be burned when there is snow cover or heavy
moisture so the fire stops in the snow. Site one is more unique, site two will have already been
burned so the lower portion will be contained and is one of the parameters. Hot spots will be
manned until the smoke is out and this is in the controlled burn plan. Coordination of the burn
will be done so the media is informed and people are aware that the burn is still going on for a
while. This is also part of the plan.
Sue asked what happens to the animals in the area.
Phil explained the burrowing animals will go underground and the larger animals will flee. The
fires will be done in strips starting on top using drip torches, dripping fire along the strips.
Sue asked about the snakes and mice and if the fires would force them out of their homes and
into houses in the area.
. 3 Vail Town Council Minutes April 6, 1999
Sue Rychel, a local resident, quoted Tom Johnson, a wildlife biologist, on not being a "test
• case" and also quoted from a newspaper article from the April 9, 1997 issue of the Vail Valley
Times by Greg Kumugian, a biologist, with regard to the potential for mud slides.
Council member Bob Armour asked to refresh his memory and wanted to know more about the
newspaper article.
Sue Rychel said mudslides are a real danger and she is worried about the root systems and
mudslides if they do a burn in the area.
Phil explained all of this has been considered and the concern of mudslides has been mitigated
in the plan.
Mayor Pro-Tem, Ludwig Kurz, said he lives in this area and the mudslides were caused by
downed timber that allowed for accumulation of moisture which caused the mudslides.
Sue stated she had spoken with twelve other people in the Booth Creek area who are against
the burn.
Council member Mike Jewett asked if winter conditions were less than normal, and if the low
snow pack will effect the burn.
Phil stated the controlled burns would not take place unless there is snow and moisture.
• Council member Mike Jewett asked what official capacity does the Town of Vail have on this
controlled burn.
Bob McLaurin, Town Manager, said the issue before the Town Council is approval of the
controlled burn on the Town of Vail property only.
Council member Mike Jewett said the other areas that are not on Town of Vail property are not
within the scope of the Town of Vail to control.
Further discussion ensued.
Council member Mike Arnett asked what would happen with an uncontrolled fire, given the
amount of stored fuel already on the hillside, what are the risks.
Phil said wild fires are a higher risk, the steep slope makes for a high potential for an uphill fire
but if there was a down slope wind, the fire would be a threat to homes. Site six is a higher risk
and wildlife is at higher risk.
Council member Kevin Foley asked if the environmental assessments were done last year.
Phil stated that the environmental assessments were done last April, and there were many
public meetings also.
Ludwig Kurz, Mayor Pro-Tem, said there was at least one, if not more, site visits also.
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4 Vail Town Council Minutes April 6, 1999
Gina Whitten, a Booth Creek resident, said there were meetings two years ago and said there
was not any written notice given to homeowners in the area. She said previous notices in 1997
were sent two days before the meeting. She said there was no notice sent to homeowners of
any recent meetings on the controlled burn. She is also concerned about the fire getting out of
hand, smaller animal safety and the possible smoke damage. What will the smoke do to the
furnishings and homes in the area, how will it affect infants, old people, and asthmatics. Who
will take care of those expenses?
Ludwig Kurz, Mayor Pro-Tem, asked the wildlife biologist to address the issues of what the
controlled burn will do.
Tom Johnston, a wildlife biologist with the USFS, stated there are four objectives to the
controlled burn. One of the objectives is to decrease the amount of downed aspen in the area,
and to allow for the bighorn sheep to go into the rock band area. He stated the Division of
Wildlife proposed this burn in 1996. A second objective is to try to increase the brow species
like sagebrush, other bushes, etc.; this will sprout food for the animals. A third objective is to
increase the aspen clones because the aspen are dead and/or dying and the USFS wants to
regenerate them and the fourth objective is to reduce the natural fuel loading so it decreases
the chance of wildfires. He also said public notices have been in the paper a couple of times,
there have been three site visits, and three meetings. Tom said he has the list of people who
were sent notices and could tell the Town Council who was sent a notice if necessary. He also
stated this burn is approximately 30% less than what was originally planned. The original plan
called for 1,600 acres proposed to be burned.
• Mayor Pro-Tem, Ludwig Kurz, asked what happens to the small animals after the burn.
Tom Johnston said if they are talking about field mice, and such, the wildlife is smarter than we
give them credit for. Smaller animals burrow down, and the larger animals move out rapidly.
Most small animas will go down into their homes. There will be some mortality but is wiil not be
significant.
Mayor Pro -Tern Ludwig Kurz asked about smoke damage.
Tom said the intent is not to smoke out the valley. The goal is to get it up and out of the valley,
the burn will start early, approximately 9:00 a.m. and go through 3:00 p.m. So there would be
little to no residual smoke. One of the USFS jobs will be to lift and move it out of the valley.
Sue Dugan, asked if this was the first burn in the area.
Tom stated that there had been other burns, behind Eagle in 1996 —1997, and behind Gypsum
in 1995.
Further discussion ensued.
Wolfgang Mueller, a local resident, asked what needs to happen to protect the homes in the
area.
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5 Vail Town Council Minutes April 6, 1999
Dick Duran, Vail Fire Chief, thanked the USES for keeping everyone informed. He considers
the USFS to be professionals and they know what they are doing. These are slow moving fires
and he has seen them work before and said they have the resources needed and they know
where to find more if it is necessary. The town has been talking to the USFS about this for
three years.
Council member Mike Jewett asked the fire chief if burn site three goes toward homes.
Dick Duran said there were no structures in that area.
Council member Mike Jewett asked who would pay for damages to homes if the burn gets out
of hand and what about older people, infants, evacuation, etc.
Dick reiterated the USES and the Fire Departments know how controlled burns work. They
have a plan that is detailed and extensive. There will be fire equipment available to protect the
homes, if necessary and there is insurance.
Bill Wood, a representative from the USFS, said people have an opportunity to make claims to
the USFS if something happens. He also said that the smoke is intended to disburse up and
there should not be any health problems. However, if people are affected by the burn, they can
file a claim. The USFS can't guarantee that people won't be affected.
Council member Sybill Navas said she has more trouble dealing with beetle -kill areas. She
asked why the burn wasn't done last year.
Bill Wood said the burn wasn't done last year because of various concerns expressed by
members of the community, so the USFS postponed the burn and did more research, analysis
and redesigning of the project to address the issues that were raised.
Tom Johnston said if they could regenerate the aspen in site six within two to five years, he
couldn't see burning that area again. The upper left-hand corner is for the bighorn sheep and
shrubs for other animals. He said a controlled burn should be done in shrub areas every 30-40
years.
Bob McLaurin, Town Manager, stated the control burn makes sense to him because he lived
through the Yellowstone Park fire. What drove the fire was available natural fuel. His concern
is the accumulation of the fuel and the possibility of this starting a wildfire. He said there have
been fires started by lightning and wind and the Town of Vail is not interested in letting a wildfire
happen here.
Dori Blodgett, a resident of Booth Creek, said she would like to see all the areas cut and pile
type burns so it would be safer. Her concern is the rapid weather changes and how could they
predict those changes. She also stated that she has never been notified during the three years
that this process has been going on.
Council member Bob Armour said he understood the reasons for the controlled burning of the
adjacent 17 acres of Town of Vail land for ease, control and safety.
0 6 Vail Town Council Minutes April 6, 1999
Council member Bob Armour made a motion to approve the controlled burn of the 17 acres of
Town of Vail property. Council member Mike Arnett seconded the motion.
Further discussion ensued.
Council member Mike Jewett was against the motion. He said there is not a good track record
in the valley for controlled burns and is concerned about liability. Is the Town of Vail liable if the
burns go out of control. He is not satisfied the corner of site three is necessary.
Council member Kevin Foley is against the motion stating he is concerned with the possibility of
the fires getting out of control.
Mayor Pro-Tem, Ludwig Kurz, reiterated that the burns would not take place without the proper
controls and conditions in place.
Chief Dick Duran, agreed with Ludwig and stated that is the case.
Council member Sybill Navas said she is in favor of the proposal because the fire department
personnel are the experts. She also said there are not going to be aspens in the area in the
near future and the bighorn sheep will not stay if they don't do something now. The USFS has
the expertise and knowledge on how to keep them here.
Council member Mike Arnett said he would be more comfortable with 65 professionals on -site,
on an ideal date and time with the best conditions possible than to see a wildfire.
Mayor Pro-Tem, Ludwig Kurz, is in favor of the controlled burn, and echoes most of Council
member Sybill Navas' comments. He stated there had been adequate public notices in the
newspaper and many public meetings over the past two years, a few site visits with citizens.
He said that with the 17 acres of Town of Vail property included, the USFS has an opportunity
to control the larger control burn area better.
Council member Mike Jewett asked what the liability would be for the Town of Vail if the burn
got out of control.
Tom Moorhead, Town Attorney, stated there is no liability to the Town of Vail by passing the
motion.
Council member Mike Jewett asked Tom what is the legal basis for his answer.
Tom said the motion wouldn't set the fire.
Mike Arnett called the motion.
Council member Bob Armour made a motion to approve the 17 acres of town -owned property
to be included in the 250 acre controlled burn in the Booth Creek area as requested by the
USFS. Council member Mike Arnett seconded the motion. A vote was taken and the motion
passed, 4-2, with Council members Mike Jewett and Kevin Foley against.
7 Vail Town Council Minutes April 6, 1999
A five-minute break was taken at 8:50 p.m.
The sixth item on the agenda was Resolution No. 5, Series of 1999, A Resolution Adopting The
Plan For Arosa/Garmisch Annexation, An Area Within Three Miles Of The Town Of Vail
Boundary, Being 2.66 Acres More Fully Described As An Unplatted Portion Of The SE Y4, SE
A SE %4, SW % Of Section 11, Township 5 South, Range 81 West.
Russell Forrest, Community Development Director, said the Town of Vail is applying for an
annexation and zoning on property which was previously unzoned. This property is owned by
the Town of Vail having been obtained pursuant to the Land Ownership Adjustment Agreement
(LOAA) with the United States Forest Service.
Tom Moorhead, Town Attorney, explained the Colorado Revised Statutes ((CRS) sets forth the
procedure for annexation. Section 31-12-105, Limitations, requires that the municipality shall
have in place a plan for that area to be annexed, which generally describes a proposed
location, character, and extent of streets, playgrounds, parks, grounds, open spaces, utilities
and the proposed land uses for the area. He explained that with a unilateral annexation, it only
needs to meet the criteria of the (CRS). Per the CRS this process does not need to go through
the voter approval process but it does need to go through a second reading of the ordinance.
Council member Bob Armour made a motion to adopt Resolution No. 5, Series of 1999 and
Council member Sybill Navas seconded the motion. A vote was taken and the motion passed
unanimously, 6-0.
The seventh item on the agenda was first reading of Ordinance No. 7, Series of 1999, an
Ordinance Annexing An Area Commonly Known As Arosa/Garmisch, And Setting Forth Details
In Regard Thereto.
Allison Ochs, Town Planner, said this is an ordinance request in conjunction with the previous
Resolution No. 5, Series of 1999 allowing the Town of Vail to proceed with unilateral annexation
and zoning on property which was previously unzoned. This property was obtained by the
Town of Vail pursuant to the Land Ownership Adjustment Agreement (LOAA) with the United
States Forest Service. The Town of Vail is requesting annexation and zoning of outdoor
recreation of this 2.66 acres, generally located on the North side of Arosa Drive, and abutting
2497 and 2487 Garmisch to the East and the Town Manager's house to the West. This
annexation and rezoning further implements the Town of Vail LOAA and portions of the Town of
Vail Comprehensive Open Lands Plan. This is one of a series of annexation/de-annexation and
zoning procedures that the Town of Vail will be pursuing as a result of the land exchange with
the United States Forest Service. This annexation and zoning recommendation is proceeding
in conjunction with the Arosa/Garmisch employee housing planning process. This land has
been identified as the site of the Arosa/Garmisch neighborhood park. The employee housing
and park will be developed simultaneously, as part of the same development plan.
Tom Moorhead stated the criteria necessary by CRS have been met.
Council member Bob Armour made a motion to approve Ordinance No. 7, Series of 1999 on
first reading, and Council member Kevin Foley seconded the motion. A vote was taken and the
motion passed unanimously, 6-0.
8 Vail Town Council Minutes April 6, 1999
The eighth item on the agenda was first reading of Ordinance No. 8, Series of 1999, an
• Ordinance Amending The Official Zoning Map For The Town Of Vail In Accordance With Title
12, Zoning Regulations, Chapter 5, Zoning Map; Applying Zone District Designation To A
Portion Of Unzoned Property Previously Owned By The United States Forest Service And
Transferred To The Town Of Vail Pursuant To The Land Ownership Adjustment Agreement
And Annexed By Ordinance No. 7, Series Of 1999 To Outdoor Recreation (Or) District, Section
12-8b For Property Generally Located On The North Side Of Arosa Drive, And Abutting 2497
And 2487 Garmisch To The East And The Town Manager's House To The West More Fully
Described As An Unplatted Portion Of The SE'/, SE Y4, SE %4, SW % Of Section 11, Township
5 South, Range 81 West.
Russell Forrest, Community Development Director said this was a request to amend the official
zoning map to apply Outdoor Recreation zoning to the newly annexed property in conjunction
with Ordinance No. 7, Series of 1999.
Council member Bob Armour made a motion to approve Ordinance No. 8, Series of 1999 on
first reading, and Council member Mike Arnett seconded the motion.
Council member Mike Jewett asked Tom Moorhead about the charter process to place the land
into protected open space status for use as a neighborhood park and to pursue this soon.
Tom Moorhead stated this designation requires a recommendation to the Town Council by the
Open Space Committee and then would need to be voted on and approved by three -fourths of
the Town Council.
• Council member Mike Jewett spoke in favor of the ordinance.
Further discussion ensued.
A vote was taken and the motion passed unanimously, 6-0.
The ninth item on the agenda was first reading of Ordinance No. 9, Series of 1999, an
Ordinance rezoning four tracts from primary/secondary to residential cluster located at 2497,
2487, 2485 and 2477 Garmisch Drive, also known as Lots 1, 2, 3 and 4, Block H, Vail Das
Shone, Filing No. 2.
Allison Ochs, Town planner, stated the Town of Vail is applying for rezoning on Town of Vail
property, which is currently zoned primary/secondary residential to residential cluster. This
property is owned by the Town of Vail and is the site of the proposed Arosa/Garmisch
employee housing and neighborhood park. The current plan is to construct a four-plex and
duplex primarily on Lots 2, 3 and 4. A neighborhood park is planned for Lot 1 and the land to
be annexed to the west. The proposed zone district is compatible with and suitable to adjacent
uses, is consistent with the Town's Land Use Plan and zoning regulations, and is appropriate
for the area. The Town of Vail purchased these four lots in 1990 and at the time of purchase
identified them to include a neighborhood park, open space, or employee housing. The 1994
Comprehensive Open Land Plan states that the land should be used for a public use, which
includes employee housing. On January 26, 1999, Council approved a concept consisting of a
four-plex and duplex on the east side of the lot, with a neighborhood park on the west side of
0 9 Vail Town Council Minutes April 6, 1999
the lots and on the land acquired in the land exchange with the United States Forest Service.
• Current zoning would allow 8 dwelling units. The purpose of this rezoning is to cluster 6
dwelling units to maximize the land available for a park.
Tom Moorhead, Town Attorney, stated when the lots were purchased, it was with the intent to
place housing on the lots. He said part of the land was purchased with RETT funds. The
housing would be placed on 23 percent of the land, which would maximize space for the
neighborhood park. The Town of Vail would maintain an easement and ownership over the
77% balance of the property as protected open space. Tom explained the evolution and
changes made to the RETT ordinance over the years. He stated the RETT changes have
allowed for more flexibility in how the funds may be used. He said the RETT could be used for
acquiring, improving, construction, maintenance and repair, landscaping, etc. as amended by
Town Council at any time.
Council member Mike Jewett said he has a concern with similar uses, referring to the park and
park buildings.
Tom Moorhead read the definition of building, and incidental buildings from the Municipal Code.
He said the RETT ordinance is not a land control ordinance. Tom explained zoning and
annexation procedures. There are no controls over town lands.
Council member Mike Jewett thanked Tom for the explanation and Russ for the summary of
designated open space.
• Council member Sybill Navas asked Tom about the possibility of repealing the RETT ordinance.
Tom Moorhead said the RETT ordinance is subject to change. The use of money has
changed, and there could be a point in time when funds could be used for other purposes.
There is no restriction, its up to the municipality to clarify the uses.
Farrow Hitt, a local resident, asked for clarification on when the Arosa/Garmish site was
purchased and was it for revenue control not land control. He did not think the intent was to put
housing on it.
Council member Mike Arnett said the intention has always been to put housing on it.
Farrow Hitt said he thinks there is a conflict of revenue control versus land control. He said it
would be wrong to build housing on the site when a portion of it was purchased with RETT
funds.
Council member Sybill Navas said the original intent was not to use the RETT funds for the
purchase but to reimburse the general fund.
Farrow asked if there was a specific time period to pay back the funds when borrowing from
one fund to another.
Tom Moorhead said there is no restriction as to when to pay back the funds.
0 10 Vail Town Council Minutes April 6, 1999
Russ stated there was no way to confirm that the RETT funds were paid back.
• Further discussion ensued.
Council member Mike Arnett said most of the land would be in the protected open space status.
Russ said this could go to the next PEC meeting on Monday, to appoint a representative to the
Open Space Committee and then have the committee act on it.
Council member Bob Armour said the PEC members would convene with new members on
board at their April 26, 1999 meeting.
Council member Mike Jewett doesn't want to see this issue drag on.
Further discussion ensued.
Council member Bob Armour made a motion to approve Ordinance No. 9, Series of 1999 on
first reading, and Council member Mike Arnett seconded the motion. A vote was taken and the
motion passed unanimously, 6-0.
The tenth item on the agenda was second reading of Ordinance No. 3, Series Of 1999, an
Ordinance Amending Title 12, Zoning Regulations, By Adding Two New Zone Districts As
Chapter 7H: Lionshead Mixed Use 1 District And Chapter 71: Lionshead Mixed Use 2 District
In Order To Implement The Lionshead Redevelopment Master Plan; Amending Chapter 2,
• Definitions, Section 12-2-2: Definitions; Amending Chapter 4, Districts Established, Section
12-4-1: Designated, By Adding Lionshead Mixed Use 1 District And Lionshead Mixed Use 2
District; Amending Chapter 10, Off -Street Parking And Loading, Section 12-10-17: Leasing Of
Parking Spaces; Amending Chapter 10, Off -Street Parking And Loading, Section 12-10-16:
Exempt Areas; Parking Fund Established; Amending Chapter 13, Employee Housing, Section
12-13-6: Type III Employee Housing Unit; Amending Chapter 13, Employee Housing, Section
12-13-7: Type IV Employee Housing Unit; Amending Chapter 14, Supplemental Regulations,
Section 12-14-19: Satellite Dish Antennas; Amending Chapter 15, Gross Residential Floor
Area, Section 12-15-3: Definition, Calculation, And Exclusions, Section 12-15-2: GRFA
Requirements By Zone District; Amending Title 12 Sign Regulations, Chapter 4, Sign
Categories, Section 11-4A-1: Signs Permitted In Zoning Districts; And Amending Title 5,
Public Health And Safety, Chapter 1, Public Nuisances, Section 5-1-7: Noise Prohibited.
Dominic Mauriello, Chief of Planning, said at the March 16 meeting this was passed
unanimously by Council, all changes are included and have not changed. Met with Jim Lamont
and did not change any part of this ordinance from this discussion. This is an ordinance
creating new zone districts for the implementation of the Lionshead Redevelopment Master
Plan. The details of the proposal are contained in the February 22, 1999 Planning and
Environmental Commission memorandum and proposed Ordinance No. 3, Series of 1999,
which are included in the Town Council packet. The Planning and Environmental Commission,
at its February 22, 1999 meeting, recommended approval (unanimously) of the proposed code
amendments with minor modifications.
is I 1 Vail Town Council Minutes April 6, 1999
Council member Sybill Navas said she still has concerns about the parking pay -in -lieu section
of this ordinance.
Further discussion regarding the parking ensued.
Dominic stated the staff is starting to study parking. They staff was not going to touch this and
leave it as it is in the code for now and modify it later once the study was done.
Russ Forrest, Community Development Director, said there needs to be a comprehensive study
on the parking done before changing the code and that they are actively reviewing the parking
right now.
Further parking discussions ensued.
Mayor Pro-Tem, Ludwig Kurz, asked if the ordinance was passed now and prior to the parking
study being done, what happens to a project if it comes in during this time.
Dominic said it would be like the Antlers project and that the parking would be on -site.
Council member Sybill Navas stated she has a philosophical problem with this.
Dominic stated if we change this now, it would affect current property owners.
Council member Mike Arnett said the Lionshead Master Plan satisfies his concerns regarding
the parking. Mike stated the parking pay -in -lieu still needs to be in effect.
Council member Sybil[ Navas said she is still making a stand on the parking pay -in -lieu. She
also has concerns on the time share issue. She said timeshares don't generate sales tax and
doesn't want this in the ordinance.
Council member Mike Jewett stated if the timeshare was in the rental market, it would generate
sale tax.
Russ said timeshare occupancy rates are approximately 70-80% occupancy, which translates
into bodies in eating, shopping, etc. He said it is different in property tax revenues.
Dominic said condominiums don't necessarily generate any sales tax.
Mayor Pro-Tem, Ludwig Kurz, stated the largest contributions to the Town of Vail are through
sales tax (53%) revenues.
Additional discussion ensued.
Mayor Pro-Tem, Ludwig Kurz, said that between the Lionshead Master Plan and this ordinance,
there would be various tools in effect to help control growth. He said if the town doesn't
address the Lionshead area in a big way, it would limit Lionshead growth. He stated there is
too much competition today.
0 12 Vail Town Council Minutes April 6, 1999
Jim Lamont, the representative for the East Village Home Owners Association (EVHOA), said
the interests of Lionshead are intertwined with the Vail Village. He stated it has taken 25 years
to recognize the Lionshead area has a problem. He said the town needs to proceed but with
caution, there are risks but there are always options to correct mistakes. He is not as
concerned because he doesn't see solving all these problems overnight. He said he met with
Dave Corbin, and Russ Forrest to discuss several issues. Parking is going to be a problem as
well as loading and delivery. Parking pay -in -lieu is another issue to be handled. He said no
one could skate under the wire. Taxpayers are never going to pay for another timeshare issue.
No one is willing to have timeshare in Vail Village. Timeshare should be a conditional use and
the town should delve into them in detail before signing off on it. The town still has the ability to
change the rules. He said that good faith efforts need to be made for property notification. The
Infrastructure need is great and must come first. He supports this ordinance and said the town
needs to proceed.
Dave Corbin, a representative for Vail Resorts, said after 2-112 years of trepidation, there are
risks and Vail Resorts want to see this taken one step further. He said the community went
through an enormous process and said the town needs to stay firm with Lionshead Master
Plan. He understands parking is still an issue but wants to move forward and then assess what
the true parking needs are in the area. The issue of timeshare versus lodging and the revenues
brought in will need more study. There will need to be some type of for -sale properties,
regardless of whether they are condominiums or timeshare, to help hotels make it economically
feasible to survive. He is in favor of the Council voting in favor of this ordinance.
Chuck Madison, a representative with East West Partners, representing the Marriott site said
he spent three days in Whistler Blackcomb, Canada. He was amazed and pleased with the
broad base of various types of revenue -generating real estate products. There was an amazing
versatility of housing products for various levels of economic abilities. Timeshare is taxed as
whole ownership and carry with them a real estate transfer tax. Since 1982, there has been a
72-75% occupancy rate in the hotels in Beaver Creek. He wished the Council and town good
luck and encouraged the town council to move forward on this ordinance.
Mayor Pro-Tem, Ludwig Kurz, said with regard to Whistler, some of the comments are correct.
The good snow conditions and low Canadian dollar keep Canadians home.
Further discussion ensued regarding timeshare and economic necessity.
Council member Bob Armour made a motion to approve Ordinance No. 9, Series of 1999 on
second reading, and Council member Mike Arnett seconded the motion.
Council member Bob Armour said there are still going to be some problems but there are ways
to change it. He is comfortable with the check and balances in place.
Council member Sybill Navas said she appreciated Dave Corbin and Chuck Madison's
comments. The parking issue is still a concern for her. She said she is clear that she can't
vote for something if it doesn't sit right with her and she can not live with the parking pay -in -lieu
language as it is written.
A vote was taken and the motion passed, 5-1, with Council member Sybill Navas against.
0 13 Vail Town Council Minutes April 6, 1999
I& The eleventh item on the agenda was second reading of Ordinance No. 4, Series of 1999, an
Ordinance Amending the Official Zoning Map For The Town Of Vail In Accordance With Title
12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Parcels Of Land In The Lionshead
Area In Accordance With The Attached Map To Lionshead Mixed Use 1 District And Lionshead
Mixed Use 2 District; And Rezoning Tract E And The Lionshead Parking Structure In
Accordance With The Attached Map To General Use District.
Dominic Mauriello, Chief of Planning, said this ordinance had no changes and is an ordinance
rezoning areas of Lionshead to new zone districts Lionshead Mixed Use 1 and 3 parcels to
Lionshead Mixed Use 2 Districts in accordance with the map included in your packet and
rezoning Tract E and the Lionshead parking structure from Parking District to General Use
District. The details of the proposal are contained in the February 22, 1999 Planning and
Environmental Commission memorandum and proposed Ordinance No. 4, Series of 1999,
which were included in the Town Council packet.
Council member Sybill Navas made a motion to approve Ordinance No. 4, Series of 1999 on
second reading, and Council member Mike Arnett seconded the motion.
Phil Kutrocky, an attorney for the Vail Spa Condominium Association, stated the condominium
association wanted to have input into this ordinance and requested that this ordinance be
tabled to the next meeting. He was just hired as their attorney and did not have enough time to
respond to this ordinance. The primary concern is the possibility of structures that could be
allowed, built in LMU1, which may block primary views for some of the units at Vail Spa. The
• association is also concerned about the proposed amendment to the Marriott, which would
allow rezoning which would significantly impact Vail Spa.
The Town Council members asked Russ what he was talking about with regard to the Marriott.
Russ Forrest stated the Marriott is in process of pursuing an SDD amendment.
Phil said the Vail Spa Condominium Association would like the Town Council to consider all
amendments in this area to be considered together and requested the Council deny the
ordinance now. He stated that someone needs to be accountable for reduction of property
values.
Council member Mike Arnett asked Phil if he was familiar with the Lionshead Master Plan.
Phil said he just saw it this morning.
Council member Mike Arnett said this has not been a spur of the moment issue, and this issue
has been through an ongoing process.
Phil still requested additional time.
Council member Mike Arnett explained this is not the last opportunity to address issues. There
are still opportunities to address issues when they come up in the future.
0 14 Vail Town Council Minutes April 6, 1999
Mayor Pro-Tem, Ludwig Kurz, said it was unfortunate that the change in attorneys happened at
• the eleventh hour but stated the Council and staff needed to move forward on this ordinance.
A vote was taken and the motion passed unanimously, 6-0.
The twelfth item on the agenda was second reading of Ordinance No. 5, Series of 1999, an
Ordinance Amending Title 3, Chapter 4, Section 3-4-1 of the Municipal Code, to Remove
Planning and Environmental Commission Representation on the Design Review Board.
Jeff Hunt, Senior Planner, said the existing language of 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."
PEC members have stated 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. On
February 23, 1999, the Town Council directed staff to present an ordinance that would remove
the requirement that a PEC member serve on the DRB.
Council member Mike Jewett made a motion to table the ordinance for two weeks, and Council
member Kevin Foley seconded the motion.
Council member Bob Armour asked what was the purpose of tabling this item.
A vote was taken. The motion failed, 1-5, Council members Michael Arnett, Kevin Foley, Sybill
Navas, Bob Armour and Ludwig Kurz against.
Council member Mike Arnett made a motion to approve Ordinance No. 5, Series of 1999 on
second reading, and Council member Mike Jewett seconded the motion.
Galen Aasland, a present member of the PEC stated the concerns of the PEC members on
projects can be relayed by other means to the DRB. He said that a staff member follows the
project through the process and could keep track of the issues. He said the PEC board
members attend other meetings too. There are going to be major projects that will be coming
before the PEC soon and they will take up a lot of time. In the PEC meetings, there was a vote
of 4-2 or 213 vote to request the PEC members are taken off the DRB board.
Diana Donovan, a former PEC member, said she thought that it was a copout to not have a
PEC member at the DRB meetings. Former members have been on both for many years and
the system has worked so far.
Council member Sybil] Navas said there are two sides to this issue.
A vote was taken and the motion failed, 3-3. Council members Sybill Navas, Bob Armour and
Kevin Foley against.
0 15 Vail Town Council Minutes April 6, 1999
The thirteenth item on the agenda was a discussion of Main Vail Roundabout.
0 Council member Mike Jewett asked that this discussion be rescheduled.
The fourteenth item on the agenda was the Town Manager's Report.
Bob McLaurin, Town Manager stated the Lionshead street project is out for bid.
As there was no further business, a motion was made by Council member Mike Arnett to
adjourn the meeting and Council member Kevin Foley seconded the motion. A vote was taken
and the motion passed unanimously, 6-0.
The meeting was adjourned at 11:00 p.m.
i Respectfully submitted,
EA L
Ludwig Kura (�
*� Mayor Pro-Tem
Ilk" R
ATTE T,
L ei D aldson
Town CI rk
0 16 Vail Town Council Minutes April 6, 1999
TOWN OF VAIL[3/
*75 South Frontage Road
Vail, Colorado 81657
970-479-2100
FAX 970-479-2157
MEDIA ADVISORY
April 7, 1999
Contact: Suzanne Silverthorn, 479-2115
Community Information Office
VAIL TOWN COUNCIL HIGHLIGHTS FOR APRIL 6
Work Session Briefs
Council members present: Armour, Arnett, Foley, Jewett, Kurz, Navas
--PEC, DRB Interviews
In preparation for the evening meeting, the Council interviewed four applicants for two
open positions on the Design Review Board and five of six applicants for three open
positions on the Planning and Environmental Commission. See evening meeting briefs
for appointments.
• --Update on Spring Clean -Up
The Council heard from event organizer Patrick Hamel regarding the 1999 spring clean-
up, which will be held May 15. The town will again donate $20 each to a local non-
profit organization as designated by the first 200 participants, although organizers will
promote the annual clean-up as a community event rather than a fund-raiser for local
groups. For details, contact Hamel in the Community Development Department at
479-2333.
--Discussion of Arosa-Garmisch Annexation and Rezoning
In preparation for the evening meeting, the Council reviewed a resolution and three
ordinances that would clear the way for development of a neighborhood park and a six -
unit for -sale housing complex on the town -owned Arosa-Garmisch property in West
Vail. The legislation includes establishing a three-mile plan for the area currently
outside the town's boundaries; annexation of the portion of the property located outside
the town's boundaries; establishment of zoning on the newly annexed portion of the
property; and the rezoning of another portion of the property from primary/secondary
zoning to residential cluster. This will maximize the space available for the
neighborhood park. During discussion, Councilmembers asked staff to research
various mechanisms that would be used to preserve the park space in perpetuity. Also
yesterday, Councilmembers reviewed the history of the two transactions that were used
by the town to acquire the property. A portion of the four lots zoned primary/secondary
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were purchased by the town with Real Estate Transfer Tax funds, representing about •
19.7 percent of the total value of the land. There are no records indicating the RETT
fund was ever reimbursed by the general fund for this expense. The housing portion of
the development proposes to use 23 percent of the land, with the remaining 77 percent
undeveloped. For more information, contact Allison Ochs in the Community
Development Department at 479-2369.
--Information Update
Councilmembers received information on an informal meeting sponsored by the Vail
Fire Department to discuss provisions of a proposed false alarm ordinance. Area
contractors will be invited to attend from 5:30 to 7 p.m. April 14 in the Vail Town Council
Chambers.
After reviewing a proposal for summer construction hours in Vail Village,
Councilmembers asked that weekend construction work in September be prohibited
due to the increase in visitation during the fall foliage period. The schedule is as
follows:
7 am to 7 pm 7 days a week April 15-June 11 & Sept. 7-Nov.19
7 am to 7 pm Mon-Thur; 7 am-4 pm Fri, June 11-Sept. 7
No work on weekends June 12-Sept. 25
No work during holidays, special events May 29-31; July 3-5; Sept. 4-6; Sept.
18-19; Nov. 25-28
Also yesterday, Councilmembers circulated a letter from a second homeowner
suggesting a moratorium on construction through spacing of projects and location of the
proposed construction. Although Councilmembers said the concept was intriguing,
such a plan wouldn't be necessary this summer due to the minimal number of projects
planned in the Village.
Town Manager Bob McLaurin described his interest in purchasing a second street
sweeper to improve cleanliness along the town's 96 lane miles of streets. In addition,
McLaurin said arrangements were underway to purchase a hand -operated sweeper to
be used in the pedestrian areas. Councilmembers asked to review additional
information about the potential purchase of the large sweeper, noting that it may be
more practical to rent the machinery each spring.
--Council Reports
Kevin Foley shared constituent feedback regarding Monday's switch to the summer bus
schedule. He asked if the East Vail and Golf Course routes had been reduced too
much.
Sybill Navas reported on the most recent meeting of the Northwest Colorado Council of
Governments in which Lt. Gov. Joe Rogers fielded members' concerns about traffic
congestion on 1-70; affordable housing; building community; and revenue sharing. In
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. addition, as part of the community facilities team, Navas said she attended a meeting to
learn about the potential for corporate sponsorship funding for such facilities as an
alternative or supplement to public funding.
Michael Arnett reported on his attendance at the recent "under 30" employee focus
group meeting sponsored by the Vail Village Merchants Association.
--Other
Michael Arnett and Bob Armour both said they enjoyed attending Monday's ECO
Challenge screening at the Vilar Center to celebrate the victory of Team Vail.
Bob Armour thanked Town Manager Bob.McLaurin for hosting an employee breakfast
last Thursday. Also, Armour said the Council's dinner meeting with the Avon Town
Council last week was beneficial.
Sybill Navas suggested following up with an earlier request by a Breckenridge town
council member inviting the Vail Town Council to join officials in Breckenridge for
dinner and conversation. Also, Navas inquired about the possibility of expanding a
private snowmelt project along Wall Street in Vail Village to include the town's right-of-
way. This would require the town to find a location for a boiler. In addition, Navas
expressed frustration with staffs timetable for completion of a parking study and an
employee generation ordinance. While a parking analysis will be completed in June,
Councilmembers agreed to begin moving forward with employee generation
discussions as quickly as possible. Navas said she had hoped both issues could have
been addressed more specifically in the Lionshead Master Plan. An employee
generation ordinance discussion is scheduled for the next work session.
Michael Jewett asked that a presentation be made at the evening meeting regarding
the process to place a town -owned parcel into a protected open space designation.
Kevin Foley thanked the town crews for beginning its clean-up efforts. He said he
looked forward to participating in the May 15 clean-up day. Foley also inquired about a
constituent suggestion regarding the screening of the Charter Bus lot in Lionshead.
(This area currently provides a snow removal storage area.) Foley also inquired about
the status of the newest Vail Plaza Hotel proposal. The new plans are expected to be
presented to the Planning and Environmental Commission within the next 2 to 3 weeks.
Evening Session Briefs
Council members present: Armour, Arnett, Foley, Jewett, Kurz, Navas
--Citizen Participation
Scotty Magoun, a former Town of Vail bus driver, appeared before the Council to
protest his grievances against the town following a series of events that were triggered
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Add 31TOV Council Highlights/4-6-99
by a careless driving charge, along with a town claim for property damage
reimbursement, which was later withdrawn by the town to correct an oversight.
Councilman Michael Jewett suggested Magoun file a claim with the town to recover
attorney fees and any other expenses associated with the incident.
--Mayoral Proclamation
The Council voted 6-0 to approve a, mayoral proclamation recognizing International
Building Safety Week April 5-9.
--Appointments to the Design Review Board
The Council appointed Melissa Greenauer and reappointed Bill Pierce to the Design
Review Board. The terms will run from April 21, 1999 to March 31, 2001.
--Appointments to the Planning and Environmental Commission
The Council appointed Chas Bernhardt, Doug Cahill and John Schofield to the Planning
and Environmental Commission for terms running April 26, 1999 to March 31, 2001.
Schofield's selection was a reappointment.
--U.S. Forest Service Control Burn Update
After an extensive question and answer period with representatives from the U.S.
Forest Service, the Council voted 4-2 (Jewett, Foley against) to allow 17 acres of town -
owned land be included in a 250-acre prescribed burn in the Booth Creek area.
The burn, to improve habitat for bighorn sheep and to reduce the area's fuel load, will
occur within the next few weeks, so long as conditions are favorable. The burn will be
monitored by a 65-member crew, including the Vail Fire Department with backup from
surrounding fire departments. During discussion, Vail Fire Chief Dick Duran expressed
support for the plan, noting that the burn area has been scaled back considerably from
what was presented a year ago. However, three neighborhood residents attended the
discussion and raised continued concerns. Those concerns included questions about
containment of the fire given the dry winter, the impact of smoke from the fire, the threat
to existing wildlife, notification procedures as well as liability issues. For more
information, contact Tom Johnston, wildlife biologist with the U.S. Forest Service at
827-5715.
--Resolution Adopting a Plan for the Arosa-Garmisch Annexation
The Council voted 6-0 to approve a resolution adopting a plan for the Arosa-Garmisch
annexation as required by state law. The plan is to use the property, which was
acquired by the town during a land exchange with the U.S. Forest Service, as a
neighborhood park. An adjacent four -lot parcel already within the town's boundary is
planned to be developed as employee housing.
--Ordinance Annexing Arosa-Garmisch Property
The Council voted 6-0 to approve first reading of an ordinance that would annex the .
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Add 41TOV Council Highlights/4-6-99
town -owned land at Arosa-Garmisch once owned by the U.S. Forest Service.
--Ordinance Applying Zoning to Arosa-Garmisch Property
The Council then voted 6-0 to approve first reading of an ordinance that would apply
Outdoor Recreation zoning to the newly -annexed property. Led by Michael Jewett,
Councilmembers also asked that a town charter process begin immediately to place the
land into protected open space status for use as a neighborhood park. This requires a
recommendation to -the Town Council by a three -member Open Space Committee, plus
a three -fourths vote of approval by the Town Council. The land would then be held as
designated open space in perpetuity unless voters approve a change in use.
--Ordinance Rezoning Four Tracts at Arosa-Garmisch Property from Primary/Secondary
to Residential Cluster
-The Council voted 6-0 to approve first reading of an ordinance that would rezone the
town -owned property adjacent to the neighborhood park property from
primary/secondary to residential cluster. This would cluster the housing on 23 percent.
of the property which would maximize space for the neighborhood park. In doing so,
the Council asked that mechanisms be explored that would preserve the remaining 77
percent of the property as protected open space.
During discussion, Town Attorney Tom Moorhead provided an overview of the evolution
of changes made to the Real Estate Transfer Tax ordinance over the years. He said
• those changes have increasingly added flexibility in how the money can be used.
Moorhead said claims that the RETT ordinance contains a provision that calls for
elimination of the tax once sufficient open space has been acquired by the town is a
misinterpretation of the ordinance. The Council also heard from Farrow Hitt, a resident
of the Donovan Park neighborhood, who said it would be wrong for the Council to build
housing on the site when a portion of it was admittedly purchased with funds from the
Real Estate Transfer Tax. For more information, contact Russell Forrest in the
Community Development Department at 479-2146.
--Ordinance Amending Lionshead Zone Districts -
The Council voted 5-1 (Navas against) on second reading to approve an ordinance that
implements the newly -approved Lionshead Master Plan by creating two mixed use
zone districts in Lionshead. In voting against the measure, Navas objected to
conflicting sections regarding parking requirements. Other Councilmembers said that
while not perfect, the ordinance is a good starting place for Lionshead with the
expectation that amendments and modifications will be forwarded as needed. Jim
Lamont of the East Village Homeowners Association, David Corbin of Vail Resorts, Inc.,
and Chuck Madison of East West Partners offered varying levels of support for the
ordinance. For more information, contact Dominic Mauriello in the Community
Development Department at 479-2148. .
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Add 51TOV Council Highlights14-6-99
--Ordinance Rezoning Lionshead Districts
The Council voted 6-0 on second reading to approve an ordinance that rezones areas
of Lionshead from Commercial Core II to "Lionshead Mixed Use 1" and "Lionshead
Mixed Use 2" to reflect implementation of the Lionshead Master Plan. Due to concerns
expressed previously, the ordinance continues to exclude Vail International and the
Lodge at Lionshead properties with a conclusion to occur following discussions with
representatives from the properties. An attorney representing Vail Spa appeared
before'the Council yesterday to ask for a two -week postponement of the vote, due to -
concerns about impacts to the property that would be caused by redevelopmerit'of
surrounding buildings, such as elimination of private views. In turning down the
request, Councilmembers noted the Lionshead discussions have been ongoing for
more than two years and that opportunities to evaluate specific redevelopment
proposals would be available as applications are submitted to the town. For more
information, contact Dominic Mauriello in the Community Development Department at
479-214&
--Code Modification to Exempt PEC Member from Serving on DRB
The Council voted 3-3 (Armour, Navas, Foley against) on second reading of an
ordinance that would remove a Town Code provision requiring a Planning and
Environmental Commission member serve as the fifth member of the Design Review
Board. Due to the 3-3 vote, the measure failed. It was approved on first reading by a
4-3 (Armour, Navas, Foley against) vote on March 16. The change had been 40
suggested by members of the PEG who have said the amount of time necessary to
attend both the PEC meetings and DRB meetings was excessive and difficult for
working professionals. In voting against the measure, the three Councilmembers had
noted the importance of continued continuity between the two boards.
--Discussion of Main Vail Roundabout
This agenda item, proposed by Councilman Michael Jewett, will be rescheduled when a
constituent requesting this item is able to attend the meeting. For more information,
contact Jewett at 479-1860.
--Town Manager's Report
In his Town Manager's Report, Bob McLaurin noted that bids will be opened on the
Lionsridge Loop street reconstruction project on April 22. However, given the current
financial state of the ski season, McLaurin said he'd forward a recommendation to the
Council as to whether the project should proceed once bids are evaluated. For more
information, contact McLaurin at 479-2105.
UPCOMING DISCUSSION TOPICS
April 93 Work Session
PEC/DRB Review
Discussion of Marriott SDD
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April 20 Work Session
Greg Hall, 10 Year Anniversary
Discussion of Westhaven Condos SDD
April 20 Evening Meeting
Presentation of Vail Youth Recognition and Vail Valley Youth Ambassador Awards
'First Reading, Marriott SDD
First Reading, Westhaven Condos SDD
Second Reading, Arosa-Garmisch Annexing
Second Reading, Arosa-Garmisch Rezoning
Second Reading, Arosa-Garmisch Rezoning
Slide Presentation of Public Accommodation Zone District
•
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