HomeMy WebLinkAbout1999-06-16 Town Council MinutesVAIL TOWN COUNCIL - MINUTES
TUESDAY, JUNE 15, 1999
• 7:00 P.M.
The regular meeting of the Vail Town Council was meld in the Town Council Chambers on Tuesday, June
15, 1999. The meeting was called to order at approximately 7:00 P.M.
COUNCIL MEMBERS PRESENT: Rob Ford, Mayor
Ludwig Kurz, Mayor Pro-Tem
Bob Armour
Kevin Foley
COUNCIL MEMBERS ABSENT: Mike Arnett
Mike Jewett
Sybill Navas
STAFF MEMBERS PRESENT: Tom Moorhead, Town Attorney
Pam Brandmeyer, Assistant Town Manager
STAFF MEMBERS ABSENT: Bob McLaurin, Town Manager
Mayor Rob Ford stated the Town Council has decided to implement a three -minute limit on time for
individuals who would like speak during the citizen's participation portion of the Town Council meetings.
The first item on the agenda was Citizen Participation. Eileen Connors, a Vail citizen, said the Town
Council was still misrepresenting themselves regarding environmental concerns. She would like more
time to speak to the Council about her concerns.
Barbara Duncan, a local resident, discussed the Berry Creek Fifth Filing property. The Town of Vail has
60% ownership of this property, which was purchased in 1989. She stated that Town of Vail citizens
wanted this property to be kept as open space and recreation. She said the citizens today still want this
property kept for open space, softball fields and recreation. She feels that employee housing is not
acceptable on this property.
The second item on the agenda were the results of the Community Survey.
Chris Cares, representative of Rosall, Remmen & Cares, made a presentation to the Town Council
regarding the preliminary results of the Town of Vail Community Survey for 1999. He stated there was a
telephone survey added this year. He said It was successful but felt there were a lot of questions to be
answered. There was also an internet survey done. The internet survey was cost effective and it was
convenient for citizens. There were 300 phone calls made to Vail residents, 200 to out-of-town owners,
and 100 to businesses. There were no big findings. Many of the ratings were similar to past years and
most ratings were up. There were uniform patterns of ratings, similar to the mail surveys. He
recommends an every other year approach; one year a mail survey, the next year a phone survey. The
priorities are similar and the pattern is similar, there were stronger ratings for certain departments.
Housing was the top issue, as well as growth -related issues and open space. The survey also rated the
Town of Vail government.
Further discussion ensued.
Bob Armour said he was surprised at the last survey's vulgarity and language. He said the phone surveys
and internet surveys could possibly alleviate that issue. He also asked if the number of respondents
could get higher.
1 Vail Town Council Minutes June 15, 1999
Chris said yes to both questions, there could be more respondents and that when people speak on the
phone the use of improper language is lessened.
. Council member Ludwig Kurz asked if the 600 surveys done, was not for total calls made.
Chris said that was total number of completed surveys.
Council member Kevin Foley said he took the Internet survey and thought it was easy and definitely a
good way to do it.
Chris said all the people selected to take the survey was done at random.
Council member Ludwig Kurz stated that although the Council ratings were down, he thought this year's
survey process and results were great.
Mayor Rob Ford thanked Chris for his presentation.
Mayor Rob Ford introduced Dick Duran, the Vail Fire Chief for 21 years. He praised and thanked Dick for
all the years of service. He said Dick is retiring from the Town of Vail and will work for the Vail Golf
Course for the summer.
Dick Duran said the 21-112 years been gone by very fast and enjoyed just about every minute. He asked
the Council to continue to support the Fire Department.
The third item on the agenda was first reading of Ordinance No. 15, Series of 1999, first reading of an
Ordinance Repealing Ordinance No. 14, Series Of 1994, And Reenacting A False Alarm Ordinance.
Dick Duran, Fire Chief, said 1,000 or so false alarms were being set off in the Town of Vail three years
ago. This fact continues in the Town of Vail today. Vail has experienced excessive false alarms. This
diverts life safety personnel from necessary responses. The financial cost experienced from false alarm
response is excessive. When a property has an excess amount of false alarms, property owners and
guests take it too casually (i.e, when a fire alarm goes off, they don't leave the premises). He credits his
staff and particularly, Mike McGee, for taking this ordinance to the Council. The fire department has
spoken to owners and property managers regarding mitigating false alarm conditions and they have met
with contractors on false alarm issues also.
Mayor Rob Ford asked Dick if the fire department has worked to make this helpful and to have it work for
everyone.
Dick said this ordinance affects people who don't want to "clean up their act" and reduce their false alarm
calls,
Council member Ludwig Kurz asked what are some of the consequences and results to the fire
department because of false alarms. He asked what else takes a back seat while they respond to false
alarms.
Dick gave an example of fire equipment being sent to rollover accidents while also trying to respond to a
false alarm that could have been prevented.
Tom Moorhead, Town Attorney, read the mitigation clause and language given to the fire department to be
added to the Town Code. The clause reads, "If there is reason to believe that any alarm system is not
being used or maintained in a manner that insures proper operation and suppresses false alarms, the Fire
Department may require a conference with an Alarm Agent, an Alarm Company, an Alarm System Owner
and/or a responsible party and any other individual or association responsible for maintenance of the
0 2 Vail Town Council Minutes June 15, 1999
alarm system to review the circumstances of each false alarm, to identify the cause of the false alarms,
and identify, initiate and complete mitigation steps to assure the future compliance with the requirements
of this Chapter". The other change was that administrative orders by the fire department can be appealed
to the Town Manager. He explained that the issuing of a summons and complaint can not be appealed
administratively.
Council member Bob Armour made a motion to approve on first reading, Ordinance No. 15, Series of
1999, with the condition that the mitigation clause and the administrative orders be added to the ordinance
and Council member Kevin Foley seconded the motion.
Bob Armour stated this ordinance is for life and property savings issues. His concern is that there still
aren't steps to have a monetary punishment for false alarms. He said under the City of Denver
ordinances, there are monetary consequences after 5 false alarms.
Tom Moorhead said that this ordinance is designed to have "more teeth" in it than some other
communities.
A vote was taken and the motion passed unanimously, 4-0.
The fourth item on the agenda was Resolution No. 7, Series of 1999, a Resolution Adopting The Eagle
County Annual Fire Protection Plan And The Intergovernmental Mutual Aid Agreement.
Dick Duran, Fire Chief, stated this resolution was necessary to effectively address wildfire protection and
related services on a County -wide basis. This agreement has been entered into between the Town of Vail
and the other entities for the past 18 years. This is a mutual agreement so that aid can be given and
received when needed. The only change is that other parties have changed their prices to match what
Vail charges for assistance. He requested Council support.
1191 Council member Bob Armour said every entity has agreed to Vail's price structure. Other entities were
30% or more below Vail's price.
Council member Bob Armour made a motion to adopt Resolution No. 7, Series of 1999, and Council
member Ludwig Kurz seconded the motion. A vote was taken and the motion passed unanimously, 4-0.
The fifth item on the agenda was second reading of Ordinance No.14, Series of 1999, an Ordinance
Repealing And Re -Enacting Ordinance No. 11, Series Of 1999, Cascade Village, Amending And Re -
Establishing The Approved Development Plan For Lot 54, Glen Lyon Subdivision, Known As The Glen
Lyon Office Building Located Within Development Area D, In Accordance With Section 12-9a-10 Of The
Zoning Regulations To Allow For The Construction
Of An Expanded Office Building And Two Type III Employee Housing Units; And Setting Forth Details In
Regard Thereto.
Dominic Mauriello, Chief of Planning, stated the changes as requested at the previous meeting by the Council
have been added. Another change was on page 19, in which the parking spaces were reduced and the plans
were revised to reflect that change. On page 14, Sheet A2 A4 were revised on 6/16/99 and changed on the
ordinance.
Council member Ludwig Kurz asked about the conditions by the PEC and what the differences were.
Dominic said two conditions were removed by Town Council and one condition added.
Council member Bob Armour asked Kurt Segerberg, the applicant's representative, about the parking spaces
on the east parking lot.
3 Vail Town Council Minutes June 15, 1999
•
Kurt said eight spaces were eliminated and one tree may be impacted and may need to be removed. He
stated the dumpster was relocated also.
Council member Ludwig Kurz made a motion to approve on second reading, Ordinance No. 14, Series of
1999, with the changes made on page 14 and Council member Kevin Foley seconded the motion. A vote
was taken and the motion passed unanimously, 4-0.
The sixth item on the agenda was an update on the Community Facilities Plan.
Russell Forrest, Community Development Director stated on Thursday, June 10'h, three design
teams presented their recommendations on Community Facilities. He updated the Council and the public
on how they can comment on the conceptual plans. He gave a list of calendar of dates and places where
the public could view the plans and make comments. The plans will be on display at the Library. On
June 21, 1999 a handout will be available at the Community Development Department and on June 22
there will be an internet site for people to go to. He said over the next month, the town is looking for
comments and input on which design team was the most creative and which ideas the public liked best.
All three teams will be invited back, in about a month, to go to Town Council.
Council member Bob Armour asked if ISI looked for ideas that were saleable and marketable.
Russ said over next couple of weeks they will be asking for ideas that may be out in the community.
As there was no further business, a motion was made by Council member Kevin Foley to adjourn the
meeting and Council member Bob Armour seconded the motion. A vote was taken and the motion passed
unanimously, 4-0.
The meeting was adjourned at 8:10 p.m.
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0 4 Vail Town Councii Minutes June 15, 1999
WORK SESSION MINUTES
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Tuesday, June 15, 1999
2:00 P.M.
Town of Vail Council Chambers
What follows will reflect motions and actions taken by the Vail Town Council at their regular
work session on June 15, 1999. Everyone was present with the exception of Sybill Navas, Mike
Jewett and Mike Arnett.
Item No. 3, Appeal of a Planning & Environmental Commission decision approving a
conditional use permit to allow for a temporary modular classroom at the Vail Mountain School
located at 3150 Katsos Ranch Road/Part of Lot 12, Block 2, Vail Village 12" filing. Bob
Armour moved, with a second from Ludwig Kurz, to uphold with the attached conditions, the
approval for one year of the modular classroom at Vail Mountain School. Additionally, the
Council indicated to the applicant that they would have to have their master plan presented to the
Council no later than June of 2000, in order to keep the modular placed at that location for a
second year. A vote was taken and the motion passed 3-1, with Kevin Foley in opposition.
Item No. 6, Update. Greg Hall requested Council consider paver improvements to the west of
the Swiss Haus street improvements up to the gate on E. Meadow Drive through a contract for a
maximum amount of $45,000. This improvement will be used to tie in streetscape improvements
from the Swiss Haus west and will not be authorized unless it can be completed by July 2" d. A
reminder by Bob Armour was that although the Council agreed this new project was worthwhile,
the Town shouldn't go looking to spend money based on the Town's current financial situation.
A vote was taken and the motion passed unanimously, 4-0.
Also under Update, the Council voted 4-0 to authorize up to $32,000 from the Town's fund
balance to be added to the $3,000 grant from Northwest Colorado Council of Governments for a
parking demand study "pay in lieu" to be completed by September V. A motion was made by
Kevin Foley, with a second from Ludwig Kurz. A vote was taken and the motion passed
unanimously, 4-0.
I_Val—I 1
xc: Steve Thompson
Chris Stouder
U
Vail Mountain School
Revised Conditions of Approval
Vail Town Council6/15/99
1. That the conditional use permit for the temporary structure expire on July 1, 2000; unless an extension to
July 1, 2001 is granted by the Planning & Environmental Commission,
2. That the temporary structure be removed from the site on or before July 1, 2000; unless an extension is
granted by the Planning & Environmental Commission. The Commission may extend the approval subject
to the applicant submitting a long-term plan for improvements to the Town for review and approval. The
extension maybe granted for one additional year and shall expire on July 1, 2001.
That the applicant subunit a written statement to the Town of Vail agreeing not to reappear before the
Planning & Environmental Commission with a request for an extension to the conditional use permit for
the temporary structure, prior to installing the structure.
That the applicant implement the exterior materials improvements recommended by the Town of Vail
Design Review Board prior to occupying the structure.
•
MEDIA ADVISORY
June 16, 1999
Contact: Suzanne Silverthorn, 479-2115
Community Information Office
VAIL TOWN COUNCIL HIGHLIGHTS FOR JUNE 15
Work Session Briefs
Council members present: Armour, Foley, Ford, Kurz
--Employee Recognition
The Council recognized John Ervin, a bus driver, for 15 years of service and Jack Owen, a
welder, for 10 years, respectively.
--Appeal of Planning and Environmental Commission Decision re: Approval of Temporary
Modular Classroom at Vail Mountain School
The Council voted 3-1 (Foley against) to uphold approval of a conditional use permit to allow for
a temporary modular classroom at Vail Mountain School to expire on July 1, 2000, with the
option to extend the approval to July 1, 2001, so long as school officials present the town with a
long-range master plan for the facility within the first year. Barb Schofield, a school
representative, told the Council yesterday that a long range planning process for the school is
underway. She noted the modular classroom expansion is necessary, in part, to meet the
demand caused by discontinuation of high school classes by the Charter School. Additional
conditions placed upon the approval include landscaping and exterior improvements, as well as
a notation that a request for an additional extension of the two-year approval will be denied. In
voting against the motion, Councilman Foley had previously offered support for a two-year
approval without the condition of a master plan. For more information, contact George Ruther
in the Community Development Department at 479-2145. Also yesterday, Councilman Bob
Armour raised a procedural question regarding the steps Council needs to "call-up" actions
taken by the Design Review Board and Planning and Environmental Commission. Town
Attorney Tom Moorhead has indicated a "call up" by Town Council is, in essence, an appeal,
which triggers the same notification as required by appeals from private property owners. The
Council agreed to continue the discussion at an upcoming work session.
--PEC Report
During a review of the most recent Planning and Environmental Commission meeting,
Councilmembers inquired about the status of an application to modify the Public
Accommodation Zone District, which will be scheduled for Council consideration in early to mid
July. Councilmembers also asked about the status of the Antlers redevelopment proposal.
During final review of the Antlers project Monday, the PEC issued a parking pay -in -lieu
requirement for 34 spaces, or a total of $610,000, based on the town's current parking
regulations under the Lionshead Master Plan. PEC members then suggested the Antlers
change its application to a Special Development District which would provide the project the
ability to request a parking variance. During the Council update, Russell Forrest, Community
Development Director, said the current parking regulations have become a regulatory hurdle
and that efforts are underway to undertake a comprehensive parking demand study. Also
yesterday, the Council inquired about the Vail Recreation District's proposal to expand the
• locker rooms at Dobson Arena. The item was tabled to allow time for completion of new
drawings. For more information on the PEC items, contact George Ruther in the Community
Development Department at 479-2145.
--Discussion of a New Housing Zone District and Potential Changes to Employee Housing
Chapter
After a presentation outlining possible revisions to the town's employee housing regulations, as
well as a proposed new affordable housing zone district, the Council directed the town's
planning division to continue working on the concepts, noting that additional refinements are in
order. The proposed code revisions are meant to remove some of the barriers in developing
employee housing and to add incentives, such as increased site coverage and density credits.
The concept of a new housing zone district also was presented. As proposed, the new zone
district could be applied to existing projects, such as Vail Commons, as well as future housing
projects to ensure that once developed, they would remain as employee housing in perpetuity.
Also discussed yesterday was the possibility of additional enforcement measures the town
could take to require occupancy of all employee housing units townwide. The discussion
prompted comments from several citizens. Harry Gray, a contractor, called the proposed
modifications a step in the right direction, but suggested the need for additional incentives to
"sweeten the deal." Galen Aasland, a member of the Planning and Environmental Commission,
said the town would lose trust from its citizens if it went back to enforce EHU occupancy for
units approved under the old guidelines. Chuck Ogilby, a member of the Vail Tomorrow
Affordable Housing Team, commended the Council, and suggested consideration of additional
community incentives, such as a free ski pass for people who provide employee housing units.
Longtime resident Diana Donovan stressed the importance of understanding the long-term
impacts of the proposed modifications, particularly impacts to the town's infrastructure and
carrying capacity caused by the potential for increased density. Sally Jackle, a resident of the
• Matterhorn neighborhood, said she supported code incentives as well as a requirement for
developers to contribute through an employee generation policy. Mayor Rob Ford called the
discussion a preliminary first step in which the town will be looking for additional input as the
concepts are taken to the PEC for review. For more information, contact Dominic Mauriello in
the Community Development Department at 479-2148.
--Information Update
The Council authorized $45,000 from capital projects savings to be used to tie -into a
streetscape improvement project in front of the Swiss House on East Meadow Drive. The
project won't be authorized unless it can be completed by July 2. Although Councilman Bob
Armour said he agreed the new project was worthwhile, he said the town shouldn't go looking to
spend money, given the town's current financial situation.
Announcements included:
• July 15 is the first night for paid parking at Ford Park during the Hot Summer Nights
concert.
• Jesus Morales, the Seibert Circle artist, will be making some final adjustments to the
plaza in July. The work will include modifications to the benches.
• Dinner hosts are needed for the upcoming conference of the Society of American Travel
Writers.
• The Eagle County Housing Needs Assessment will be presented to staff members and
elected officials from throughout the county at 5:30 p.m. June 16 at the Singletree
Pavilion.
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--Council Reports
Ludwig Kurz, who represents the Council on the Colorado Ski Museum Board of Directors, said
inductees into the Colorado Ski Hall of Fame would be announced soon. In addition, Kurz, who
represents the Council on the Eagle County Recreation Authority (Berry Creek Fifth), asked
Town Attorney Tom Moorhead to provide an update on the authority's activities. According to
Moorhead, entities who are looking to be bought -out by other interested entites should present
conditions for an exit strategy at the next meeting on July 9. Moorhead suggested the town
staff develop a proposal for presentation to Council regarding appropriate compensation for its
share of the property. Mayor Rob Ford expressed Council's interest in maintaining the housing
and recreation component on the land as outlined in the current intergovernmental agreement
(IGA).
--Other
Councilman Bob Armour thanked Russell Forrest, Community Development Director, for his
hard work in coordinating the community facilities study, June 8-10. Armour also suggested the
town staff review its vesting powers given passage of House Bill 1280.
The Council voted 4-0 to authorize up to $32,000 from the town's fund balance to be added to a
$3,000 grant from the Northwest Colorado Council of Governments for a parking demand study
to be completed Sept. 1.
Evening Meeting Briefs
Council members present: Armour, Foley, Ford, Kurz
--Citizen Participation
• In inviting citizens to address the Town Council, Mayor Rob Ford reviewed a decision made at
the Council's June 9 work session to establish a 3-minute time limit for each citizen's
appearance.
The Council then heard from Eileen Connors, an environmental activist, who criticized the town
for not being proactive enough on environmental issues. Connors expressed frustration with
the new time limit, noting that she'd prepared a 13-minute speech. After 3 minutes, Connors
complied with the Mayor's request to leave the podium.
Next, the Council heard from Barbara Duncan, who asked Council to reconsider its support for
housing and recreation uses on the Berry Creek Fifth Filing property. Instead, Duncan
suggested the land remain as open space.
--Community Survey Results
The town's 12th annual community survey results were presented by Chris Cares of RRC
Associates who conducted the research. Overall, Cares said the 1999 survey reflected no
major findings or surprises, with priorities and patterns remaining similar to last year. Like last
year, affordable housing overwhelmingly topped the list as the most important issue facing the
town, he said, followed by controlled growth/development concerns and open
space/environment. Responsiveness ratings for the Town Council dipped slightly, while
satisfaction levels of many of the town's basic services improved. The town used a random
telephone poll and an Intenet survey for the first time this year. Cares said the Internet
technique suggests new opportunities to use the Internet for two-way communications about
community issues and events. For a copy of the results, contact the Town of Vail Community
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information Office at 479-2115.
--Dick Duran Tribute
Mayor Rob Ford recognized Dick Duran for his 21 years of service to the Fire Department, 18
as chief. Duran is retiring at the end of the month.
--False Fire Alarm Ordinance
The Council voted 4-0 on first reading to approve a new false fire alarm ordinance, which is
aimed at reducing the number of false alarms in Vail by 30 percent. The ordinance enables the
Fire Department to cite repeat offenders to Municipal Court, where penalties could range from a
fine of up to $999 and/or incarceration of up to 180 days in jail. Currently, the department uses
a six-month process to work with property owners. Fire Marshal Mike McGee has said the
process is tedious and ineffective in bringing about a quick remedy. During discussion,
Councilman Bob Armour, a longtime proponent of a false alarm ordinance, said that while he
supported the move, he continued to question whether the legislation has the teeth it needs to
remedy the problem. Last December, Councilmembers reviewed statistics that showed 2,823
false alarms at 303 properties in Vail within a two -and -a -half year period. For more information,
contact Chief Dick Duran at 479-2252.
--Resolution Adopting the Eagle County Annual Fire Protection Plan and the Intergovernmental
Mutual Aid Agreement
The Council voted 4-0 to approve a countywide fire protection plan and an intergovernmental
mutual aid agreement. The agreements are developed annually to address wildfire protection
issues. For more information, contact Fire Chief Dick Duran at 479-2252.
. --Glen Lyon Office Building Major Amendment to Special Development District
The Council voted 4-0 to approve second reading of an ordinance approving a major
amendment to the Glen Lyon Office Building Special Development District. The project
includes construction of a new 37,000 sq. ft. office building; 127 spaces of underground
parking; a 3,000 sq. ft. addition to the current building; plus two employee housing units. The
Council had previously placed a condition on approval to save some mature trees on the east
end of the site. Earlier in the day during the work session, several citizens had asked Council
to increase the number of employee housing units within the development beyond the two units
that had been approved on first reading. For more information, contact Dominic Mauriello in the
Community Development Department at 479-2148.
--Update on Community Facilities Plan
Russell Forrest, Community Development director, gave an update on next steps in the
community facilities process. He said the work of the three design teams would be on display
in the atrium of the Vail Public Library from June 17-July 6. Comment sheets will be posted
alongside the three concepts for community feedback. Also, handouts describing the three
proposals will be available for public distribution beginning June 21 and information will be
posted on the town's website (ci.vail.co.us) beginning June 22. Community feedback will be
used to help in determining which of the many facilities ideas will be pursued in greater detail,
as well as narrowing the field of design teams from three to one. The Vail Town Council and
Vail Recreation District Board of Directors will review the three proposals, as well as citizen
comments, at a joint meeting on July 6. For more information, contact Forrest at 479-2146.
Upcoming Discussion Topics
June 22 Work Session
Joint Meeting with Eagle County Commissioners
DRB Report
Consideration of Amendment to TCI Franchise Agreement
Mariott Redevelopment Discussion
Antlers Redevelopment Discussion
July 6 Work Session
PEC Report
NWCCOG QQ Update
Discussion of Ordinance 10, Marriott Redevelopment
Model Traffic Code Discussion
Lodging Quality Discussion & Site Visit
July 6 Evening Meeting
Joint VRDITOV Community Facilities Presentation
First Reading, Ordinance 10, Marriott Redevelopment
First Reading, TCI Franchise Agreement Amendment
First Reading, Open Space Designation
Second Reading, False Fire Alarm Ordinance
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