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HomeMy WebLinkAbout1999-07-06 Town Council MinutesVAIL TOWN COUNCIL - MINUTES TUESDAY, July 6, 1999 7:00 P.M. The regular meeting of the Vail Town Council was held in the Town Council Chambers on Tuesday, July 6, 1999. The meeting was called to order at approximately 7:00 P.M. COUNCIL MEMBERS PRESENT: STAFF MEMBERS PRESENT. Rob Ford, Mayor Ludwig Kurz, Mayor Pro -Tam Bob Armour Kevin Foley Mike Arnett Mike Jewett Sybill Navas Bob McLaurin, Town Manager Tom Moorhead, Town Attorney Pam Brandmeyer, Assistant Town Manager Mayor Rob Ford welcomed the community to the meeting and introduced the Vail Recreation District Board members to the community. He reminded the community that the Town Council has implemented a three -minute limit on time for individuals who would like address the Council during the citizen's participation portion of the Town Council meetings. There was also a three -minute time limit during the Community Facilities portion of this evening's meeting. The first item on the agenda was Citizen Participation. Eric Larson, an Intermountain resident, stated the West Vail Roundabout, on the south side of the highway, is a safety concern because vehicles entering the roundabout from the interstate do not expect people to enter the roundabout from the north side of the highway and there are a lot of near -miss accidents because it is a tight entrance. Mayor Rob Ford said he would have the Vail Police Chief, Greg Morrison, explore solutions to this issue. Joe Staufer, an local business owner, voiced his opinion against Category III and against the Town of Vail for providing Town of Vail equipment (a cherry picker) used to remove demonstrators from Vail Associates property. He said it suggests that the Town of Vail support: Vail Associates Category III project. He said Town of Vail equipment should not be used out of the town boundaries. Council member Mike Jewett removed himself from his council seat and spoke to the rest of the Town Council from the citizen podium. He said he was speaking as a resident, not a council person, against the controlled burn issue. He was against the Forest Service controlled burn before and he read a newspaper article stating another controlled burn, in California, got out of control. He recommended the Forest Service use alternative methods for the scheduled control burn for this fall or next spring in the Vail area. He passed out a copy of the newspaper article to the Council. Carol Hymers, representing the Glen Lyon Homeowners Association, stated the residents and business owners did not get to see all of the design concepts for the Community Facilities Plan and suggested the public review time be lengthened. She would like the designers to have more time to develop their ideas. She also asked for an update on the Mountain Bell site planning process for housing, day care and fire station. 0 1 Vail Town Council Minutes July 6, 1999 Council member Kevin Foley, also stepped down from his council seat to address the rest of the Town • Council about an incident that occurred over the 41h of July with a local resident, Packy Walker. On Sunday morning, Packy Walker was trying to walk around town, in Scottish attire, with a sign that said "Save the Links" and was detained by the Vail Police.. He said that Vail has lost its sense of humor. The second item on the agenda was the consent agenda. A. Approve the Minutes from the meetings of June 1 and 15, 1999. Council member Bob Armour made a motion to approve the minutes from the meetings of June 1 and June 15, 1999, with a minor correction on the .tune 15 minutes, Council member Ludwig Kurz seconded the motion. A vote was taken. The motion passed unanimously, 7-0. B. Ordinance No. 15, Series of 1999, second reading of an Ordinance Repealing Ordinance No, 14, Series Of 1994, And Reenacting A False Alarm Ordinance. Council member Bob Armour made a motion to approve Ordinance No. 15, Series of 1999 on second reading, and Council member Mike Arnett seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The third item on the agenda was a presentation by the three design teams will present their community facility design concepts to the Town Council and the Vail Recreation District Board. Mayor Rob Ford addressed the community and reiterated that the Council has made a unanimous decision to work on the top issues of the community. He stated that almost 60% of the town's annual . revenues came from sales tax, and only 7% comes from property taxes. Everyone has worked very hard to develop a Lionshead Master Plan over the past two years. He asked the community for help and support. The Council sought the community's help in finding places for affordable employee housing. Now the Council is looking to the community to address a multi -phased plan for community facilities. He said the community has not supported community facilities by bond supported efforts since the 1980's. He said neither the Council nor the Vail Recreation District (VRD) has endorsed any of the plans that will be presented at this meeting. He would like to have everyone listen to the ideas with an open mind and is looking forward to hearing the community's ideas and feedback. Russ Forrest, Community Development Director, asked everyone to sign in with their name and address so staff could keep them informed. He described the handouts available and stated the information will be available on the internet. He described the steps taken to date in this process. The purpose of the process is to act on the community needs. There have been a number of processes held to identify community needs. The Vail Tomorrow process, VRD identified specific needs from their constituents, particularly a second sheet of ice and a gymnastics facility. Also, on December 5, business leaders took a look at the community and identified links between the community and resort needs. They also identified 5 project objectives: 1) build on already -known needs; 2) facility recreational and cultural needs to be met; 3) the facilities should be outstanding in design so guests would be drawn to the facilities; 4) the facilities should serve both guests and residents; and 5) pursue public/private partnership funding to support these efforts. In March, through a Request for Proposal (RFP) process, three design teams were selected out of 100 applicants. A Design Charette was held in June as part of a brainstorming process with the teams, another meeting was held to allow the community to give the design teams their ideas of what they wanted in the facilities. The next steps are to hear from the design teams, 0 2 Vail Town Council Minutes July 6, 1999 find out which ideas to move forward with, which design team to work with, and move into the conceptual design phase. Each design team was given a list of criteria to work with. Russ Introduced the first team called the Blue Team. Russ Butler is the team leader. Russ Butler, from EDAW, explained their concepts to the Council and the community. He also introduced Jack Zehren, a local architect, and the rest of the team. He stated that nature, parks and recreational facilities across the Eagle Valley, connect core areas and coordinate strong design character and tie into Vail. A stand alone Phase I project could be implemented. The team reviewed the core area, Vail Village, and Lionshead and the "hub" site. The whole area is the core area. They looked at the Vail Racquet Club for swimming and tennis facilities, Steven's Park for a pavilion and community room, and the Bright Horizons space at Vail Commons as an arts and crafts facility. They listed the needs for the town and where to accommodate them. There would be an event center off of the Lionshead parking structure with a 2nd sheet of ice and conference facility. Along the north face of the parking structure is an adventure center, climbing walls, a teen center, and skateboard park. A Learning Center would be above the Vail Library. A European -style tram would link Vail village and the Lionshead area. He saw Phase I would be the tram connection and Phase li, a long range vision, an equity partnership along Gore Creek. The upper level of the parking structure would be employee housing at market rate. Architect, Jack Zehren, discussed the architectural aspects of the design, pedestrian friendly, which compliments what exists and added enhancements to what is already there. A 50,000 square foot, multi -use event center that anchors the entire concept is part of their design. One of the design constraints is to offer a 2"d sheet of ice and tie in both ice structures. This also allows for competitions that are multi -venues and multi -seasonal. Above the parking garage, a mixed -use conference facility plus a gymnastics facility is proposed, and adjacent to that is a housing component. The 50,000 square foot complex is buried. The extreme adventure center is the most fun with transparent indoor/outdoor spaces. Part of the design is to take a portion of the parking garage and moving it. The design form creates places for people to congregate and to get involved. The financial aspect is being worked on to make this project financially feasible. EJ Narcise, with ISI, working on a number of ways to finance the project. The goals are to increase size and quality of projects, decrease the costs, provide next -generation facilities, and to create significant tax revenues for the town. Their goal is to use private investments and management as much as they can to make the facilities feasible and to sell housing rights. There would be fifty units on top of the parking garage to make a significant amount of money. There would be 800 new beds in small-scale hotels over the next several years. There is a need to address housing values and use the civic center to market groups and compliment other existing facilities in other parts of the valley. The approximate cost of the civic center is $15 million, the adventure center is approximately $7 million, and with the parking garage renovation, housing development rights, etc. the approximate total cost of the first phase would be $35 million. With private financing sources at a potential of $27 million, the net to be financed would be $8 million. Otis Odell, a Principal of Odell Architects, and Design Workshop and ERA were the Red Team. Their distinctive objectives were that existing open spaces needed to be maintained and develop a phased implementation of various parts of the plan. It was important to plan for reuse of existing facilities, build world class facilities and encourage participation and consensus within the community. Sherry Dorward, of Design Workshop explained that Design Workshop was involved with the process of the Lionshead Master Plan and how they distributed the community facilities plan throughout the town. She emphasized the programs were for those who visit Vail and for those that lived here. The Hub site would be where activities overlapped. One `anchor' in Vail is at Ford Park, this is highly used and they did not add anything else there; West Donovan Park is another anchor, is would stay a park but allows for concentration of outdoor activities, parking, a recreational facility, and a pavilion. To the North, Buffer Creek Park is under utilized. There could be non -intrusive facilities. A possible golf club house would be a good place for a municipal country club with outdoor pool, and ties in with other activities. The Vail Racquet Club and Donovan Park are also available for swimming areas, small performing arts stage or 3 Vail Town Council Minutes July 6, 1999 other facilities. Wade said they want to build upon existing community facilities. They want to create intensity in one area, that area would be an 18-hours availability site. There was no time to design something, however, this is an approach and framework, not a design phase. No one element would depend on another to be able to be built. Their plan would be in phases. The overall view of the area shows the hub site, and the ice house on the east end, Dobson Ice Arena is limited. They would keep the lower portion and rethink how the upper level could be redesigned to accommodate large venues. The idea is to build on what you have. The Vail Library could be expanded to include a small community theatre, gallery, meeting room, teaching facility, at low expense and would serve a number of functions. The west end of the parking garage would be a market or flexible space. Add a second deck to use as parking but also use for other purposes. The "Ice Palace" is meant to be a space with no walls and almost no ceiling, it would glow 18 hours a day. The exterior and interior piazza at the ice house would hold youth facilities, gymnastics, and a climbing wail. Each can be phased and each component does not rely on any other facility having to be built. Otis, said the phasing approach includes a range of costs. The Library addition could be $2 million. Each component can be addressed separately, and this would allow for the community to take advantage of funding sources as they become available. It strengthens the opportunity for funding because it is phased. Dobson is approximately a $4-5 million phase. The ice Palace could possibly cost $12 million. The total package would be approximately $45-50 million. Sherry Dorward closed the presentation by saying to strengthen the community and reclaim the heart of the community, the community needs to layer the phasing and by drawing in different generations of people and activities. . Tom Hartman of IQ Magic, as well as Oz Architecture, represented the Green team. Tom reviewed the sites available and the community wish list. He said there were two conversations going on, economics and the need by the town and the community for more facilities and a sense of community. The core resort recreation is skiing but there are needs for a community. The numbers of children in the community are decreasing, and there are lots of opportunities to bring the two points of view together. There is also an arrival experience of difficulty of how to get around. There needs to be a gateway and portals to get to Vail. Anchor the experience by adding trees to the highway. The master plan is to create a community. Another member of the team explained the Hub site of core activities. Economic and community aspects need to be addressed. There needs to be a framework where activities could be addressed. They created four zones, one on the Frontage road, a retail zone, a sports zone south of the parking area, and a parking garage zone and retail zone on the south side. A new zone on the Gore Creek edge would call for condemnation of condominiums in that area. They are aware this is a very controversial aspect of the design regarding condemnation. Tom stated Gore Creek was a defining factor. Their design would be linking amenities up and down the creek. It is about the Vail lifestyle, it is the outdoors and nature. There would be restaurants on the creek. There would be few open spaces for views and vistas. A possible Imax Theatre and Planetarium, the Library could be cantilevered over the creek. He said partnerships plus money plus strategy will make it work. A brief explanation on how this would work financially was discussed. The land value is the greatest asset. However it does not address or solve the housing problem. He also stated that fusion of the community and resort will bring people to Vail all the time. 0 4 Vail Town Council Minutes July 6, 1999 This was the end of the presentations. • Russ Forrest stated that they are looking for input for what works for the community. This is one of many opportunities to participate and comment on these designs. Mayor Rob Ford asked Russ to explain the next steps and dates available for public comments Russ said the last council meeting in July (July 20'h) or the beginning of August they will be back to Council and the VRD board with recommendations from staff, the taskforce, and the community. Mayor Rob Ford asked if anyone who has comments to address the council at this time. Caleb Hurtt, stated he and his wife own the first house east of the Vail Library. They have been . landowners since the mid-1960's. He has very strong feelings regarding the taking of private residences. They have been here a long time and are taxpayers, and have no intentions of leaving here. He said the focus was too strongly on being the biggest instead of the best. He would like to find out how we are going to maintain what we already have available to us. He said potholes are abundant and a priority should be to establish a policy to maintain them. Fred Shubert, a resident for 17 years, stated he is principally concerned with the speed of the process and the time given to make major decisions. He doesn't want height added to the parking structure. He said 80% of the people in Vail don't want to pay for Vail Associates and he doesn't feel we need to. He said all the architectural firms are probably good, but they didn't have enough time to develop how these projects impact the homes in the area. He wants the consideration to be for what the community really wants in Vail and not for Vail Associates. . Joe Staufer, a local business owner, stated he doesn't want everyone to forget what made Vail famous, and with a little discipline and maintenance, Vail could be a picture -book village. He said to think small. Hal Kepner, a local resident, said he has supported Vail from the very beginning and doesn't want it taken away by condemnation. Suzanne Chardoul, a VRD employee and a property owner in Vail for about a year, stated she saw Pete Seibert as a visionary. We are not here to condemn properties but to be visionaries like Pete. She said there is a new generation in Vail and we need to have a vision for them too. Diane Johnson, a VRD employee and Vail property owner, said there may be a decrease in the number of children in Vail but there are quite a few children in the Eagle Valley. She said the voices of families need to be heard. She asked the community to not discount the ideas the designers came up with today. They only had three days to come up with ideas and asked for everyone to see the ideas as a gradual change, and not drastic. Be visionaries. Adam Aron, President of Vail Resorts, said he had five comments to make. First, was that Vail Resorts was not driving this process, the town and the community were driving it, 2) don't kill the goose that lays the golden egg, if it serves the community, it will serve them, 3) he agreed with everything Joe Staufer said. Think small. He agrees the architecture needs to be complimentary to what Vail has already, 4) a lot of advertising agencies talked about tying to nature and committed to open space but did not stay true to their own comments. As a community, be true to the objective tied to nature and the outdoors. The beauty of Vail Is what brings people to Vail; and 5) he is strongly opposed to condemning any property in Vail. Jim Lamont, representing the East Village Home Owners Association (EVHOA), said the issue to dispense with certain properties is principal to respecting the character of established neighborhoods. 0 5 Vail Town Council Minutes July 6, 1999 Putting in uses incompatible with established neighborhoods is not a good idea. The idea is to advance • the economic stability of the community. The designers and staff need to take the stigma off of the property condemnation, the sooner the process can move forward. Another aspect of concern is giving consideration of urban renewal authority to advance the Lionshead Master flan. They have the power to condemn. The economic interest of the VRD is not a broad interest. He thinks building another ice facility is a mistake. The Lincoln center acoustics/ event center has truth to it and is not the end all be all. Phil Hoversten, business and property owner, disagrees with Jim Lamont, thinks Vail needs a second sheet of ice. There is a strong need for meeting facilities and concert facilities. The idea of the designers is a good one. From a youth's point of view, there is no way kids can compete with concerts and conventions. He said this is happening more and more at the Dobson Ice Arena, the highest dollar gets to use Dobson Ice Arena. He strongly opposes condemning any residential property, this is not needed. Mayor Rob Ford brought this portion of the meeting to a close and stated they are trying to get community input and in no way does the Council endorse condemning property. He said the Town asked the teams to "step out of the box". The Council is endorsing community efforts in getting this process moving and in helping with the solutions for the added benefit of the community. He asked the community to think hard and look at what will help Vail grow. The Council has a track record of denying large projects and wants everyone's help in working through the process. He thanked everyone for coming in. Council member Mike Jewett asked if Council could comment on the process. Mayor Rob Ford said most of the Council members felt this was a time for the Council to listen to the community and not to give comments at this time. There was a 10 minute break. . The fourth item on the agenda was first reading of Ordinance No. 16, Series of 1999, an ordinance to Designate Four Properties in the Town of Vail as Open Space as per Section 13.11 of the Town of Vail Charter. Russell Forrest, Community Development Director, said on April 30"', the Town of Vail Open Space Board of Trustees met and unanimously approved a recommendation to the Town Council to consider designating land in the Town of Vail as designated open space as per Section 13.11 of the Town of Vail Charter. On May 25, 1999, the Town Council, at a regularly scheduled work session, reviewed the proposed properties and a majority of the Town Council directed staff to move forward with the designated open space process for the four properties identified in Ordinance 16. One of the major reasons for initiating this process is to fulfill the Town's commitment to place the portion of the Arosa-Garmisch property that will be used for a park in the designated open space status. The Open Space Board of Trustees have reviewed the four different properties and have determined these properties have met all criteria for open space. There was unanimous support for these properties to be designated Open Space Council member Kevin Foley asked how many properties were included for consideration. Council member Sybill Navas, who is on the Open Space Board of Trustees, stated any property the town owns was looked at for consideration. The Board discussed and eliminated about four or five properties. Additionally, there were three or four more properties discussed but were not included at this time. Community Development Director, Russ Forrest, said there will be more opportunities to review more properties in the future. Mayor Rob Ford asked if this process could be done on a yearly basis. 0 6 Vail Town Council Minutes July 6, 1999 . Russ said this was a possibility. Council member Bob Armour asked about the approval process on the Arosa-Garmisch land in which the park would be designated open space. Council member Mike Arnett made a motion to approve on first reading Ordinance No. 16, Series of 1999. Council member Bob Armour seconded the motion. Council member Mike Jewett said he felt this ordinance was a "bone" the Council was throwing to the community. He didn't think the ordinance was going far enough. He said that there was more opportunity to add more land. He said the Arosa- Garmisch property was appropriate but he wants to add more properties to the ordinance. He said he will speak against the motion at this time. Council member Kevin Foley agreed with Mike Jewett. He wants to see more property designated as open space. He is not in favor of the ordinance because he wants to see more properties included. Council member Bob Armour said the Council wants to move forward with this, but if they wait, it will be breaking a promise to the adjacent neighbors in the Arosa-Garmisch area. Council member Mike Jewett made a motion to table this ordinance. There was no second, and the motion died. Council member Mike Jewett made another motion to table this ordinance for one month until the open space committee could review and send another proposal. Council member Kevin Foley seconded the motion. I. A vote was taken and the motion died, 2-5. Council members Arnett, Armour, Navas, Kurz and Ford against. Council member Ludwig Kurz asked if it would take a 6-1 vote to pass this ordinance, rather than to dump it. Tom Moorhead, Town Attorney, said it would require a 6-1 vote to pass the ordinance. Council member Ludwig Kurz said he would vote for the ordinance because the open space committee brought it to council and that was their recommendation. He also took offense to Mike Jewett's comment that the Council members that would have voted for the ordinance would be throwing a bone at the community. He said it denigrates the work the Council does for the community and doesn't agree with the statement. Council member Mike Jewett responded that he didn't intend any offense. He said that in the last election he supported designated open space. He recommended the committee bring back additional significant parcels. If they don't, then he will vote against it. Council member Sybill Navas agreed with Council member Ludwig Kurz. She said that as a member of the open space committee and representing the council on the committee, she was offended. She said the committee has reviewed many properties and reviewed the map with the council and explained why some of the properties were not included in the ordinance at this time. There were significant parcels which have been traded to the Forest Service and there were two parcels under litigation and shouldn't be in the open space ordinance at this time. She also said one parcel around the Sandstone area is waiting to be attached to another piece of land being given to the town. Another two spaces don't meet . 7 Vail Town Council Minutes July 6, 1999 the criteria at this time. Mayor Rob Ford reminded the Council there was still a motion on the table. Council member Mike Jewett said voting against the ordinance at this time was his way to get the committee to add more open space into the ordinance. Further discussion ensued. Mayor Rob Ford invited Mike Jewett and Kevin Foley to attend the Open Space Board of Trustees meetings. Council member Bob Armour said by voting for this ordinance at this time allows for future revisions and additions of more open space but gets these four properties designated as open space. A vote was taken. The motion died, 5-2, Council members Mike Jewett and Kevin Foley against. The fifth item on the agenda was first reading of Ordinance No. 10, Series of 1999, an ordinance repealing and re-enacting Ordinance No. 17, Series of 1995, Special Development District No. 7, The Marriott's Mountain Resort at Vail, amending and re-establishing the Approved Development Plan in accordance with Section 12-9A-10 of the Zoning Regulations to allow for the interior and exterior remodel of the existing hotel and the construction of the Gore Creek Club, and setting forth details in regard thereto. George Ruther, Senior Planner, there was a change to the ordinance and that this was first reading. He said staff is requesting this ordinance be approved with conditions on first reading. He pointed out the changes that were made regarding a master lease agreement for eight additional pillows for eight years and intersection improvements on West Lionshead Circle. He also pointed out that letters of support or denial were forwarded to council as part of the record. Mayor Rob Ford asked what happens after eight years to the eight pillows. George recommended that the requirement is dropped. Gilbert Leach, an attorney representing the Vail Spa owners, stated their firm got involved in this process late. They are trying to catch up and stay involved. He said the adjacent property owners have an interest and want to be heard. He requested that time be reserved at the July Wh evening meeting so they could make comments on this project. He said the application was incomplete and that the Vail Spa Condominium Owners disagree with the analysis of the standards. The key issue they are concerned with is the landmark feature, which they think is inappropriate to the structure. He said this blocks the view corridor for Vail Spa. The height, building mass, form, and setbacks need greater improvement. He said the nine criteria that need to be met for an SDD have not been met. In addition the deviation of the standards of the underlying zone district were not justified. The bottom line is that this process is a rigorous one but the decision is an important one for the project and also precedent setting. A lot more accommodation and modifications can take place to achieve the interests and objectives of the property owners, community, and town. Council member Mike Jewett asked Gilbert what was incomplete in the application Gilbert Leach stated he thinks the application is incomplete and staff analysis is incomplete. Mayor Rob Ford asked if the presentation they wanted to give on the 201h of July was to support these statements. 8 Vail Town Council Minutes July 6, 1999 • Mr. Leach said that was correct Jim Lamont, representing the East Village Home Owners Association (EVHOA), said he is concerned about the Lionshead Master Plan procedures. He stated not all interested parties were notified of the last meeting. He said all interested parties should have been given due notice of the last meeting and said this tainted the process. He said through the normal process, this would have gone to the Design Review Board (DRB). He feels council removed that part of the process. He said there was a fundamental flaw in the way things were handled on this project. Chuck Madison, representing East West Partners, and the applicant's representative, stated he was very surprised by the comments made by Jim Lamont. He said the project has been in process over the past two years and 13 public meetings with significant input from neighbors. For Jim to come to this last meeting without discussing concerns with the applicant is very surprising. With all the public input and meetings with neighbors, there have been 94 changes made to the application and as a result, he feels this is a very good project. There have been substantial upgrades to the western portal to Lionshead. The Lionshead Master Plan has five major objectives and this project complies with all five. He reviewed these five objectives for the community. He said the project complies with all of the Lionshead Design Guidelines. He is disappointed to hear that the neighbors said the application is incomplete. He thanked the Council for their attention and asked the council to approve this ordinance on first reading. Council member Bob Armour made a motion to approve on first reading, Ordinance No. 10, Series of 1999. Council member Ludwig Kurz seconded the motion. Council member Mike Arnett met with the DRB about their concerns and asked what Jim was talking about because to his knowledge the DRB's concerns were addressed. He said Council did not usurp DRB's power. He has seen a vast improvement to this project. Council member Ludwig Kurz said that Jim intimated that there was a part of the process that was not followed through oversights, if not by slight -of -hand, and asked Jim to substantiate that remark. Jim said it wasn't slight of hand, he said DRB said there were nine issues to be addressed. His concern was that DRB was not allowed to address those nine issues. He said the Council needs to be cognizant of DRB issues that needed to be reviewed. George Rurther said Jim Lamont was referring to the June 81h letter from the DRB. The Architect, Henry Pratt, has responded to many of the issues. Item #5 in the letter will be taken off after approval of the ordinance and this project will be going back to DRB to be addressed prior to final review. Council member Mike Arnett reminded Jim Lamont that the applicant will not be able to get a permit with prior DRB approval. Further discussion ensued. Council member Kevin Foley said he sympathized with the applicant but wants the landmark feature to be removed. He still has concerns about the loading and delivery, and feels it is not safe enough and he had a concern about the notice. Tom Moorhead, Town Attorney, stated all notices have been sent as required. Council member Kevin Foley said he was not in attendance at the Town Council site visit for this project. 0 9 Vail Town Council Minutes July S, 1999 A vote was taken and the motion passed, 6-1, Council member Kevin Foley against. Is The sixth item on the agenda was first reading of Ordinance No. 17, Series of 1999, an Ordinance Authorizing the Conveyance of Fee Title of the Red Sandstone Creek Land and Improvements Thereon Owned by the Town Of Vail and Fully Described As Follows: A parcel of land within the NE'/4 SE % Section 1, Township 5 South, Range 81 West of the Sixth Principal Meridian, Eagle County, Colorado, described as follows: Beginning at a point on the Southerly line of said NE %4 SE % Section 1, said point also being the Northwesterly corner of Block D, Lion's Ridge Subdivision, according to the map thereof recorded in Book 215 at Page 648 in the office of the Eagle County, Colorado, Clerk and Recorder; thence, departing said Southerly line, N22°33'00" W 84.13 feet; thence N49°45'28" E 55.05 feet; thence 53.85 feet along the arch of a curve to the right, having a radius of 200.00 feet, a central angle of 15025'31" and a chord that bears N57028'16" E 53.69 feet; thence 41.90 feet along the arc of a curve to the right, having a radius of 27.00 feet, a central angle of 88°54'26", and a chord that bears S70'21'44" E 37.82 feet, thence S25°54'31"E 137.47 feet to the said Southerly line of the NE'/ SE % Section 1, said line also being the northerly line of said Block D; thence, along said line S87°48'35" W 150.82 feet to the point of beginning, containing 0.3964 acres, more or less. The bearings of the above described parcel are based on a bearing of N87°48'35" E on the Southerly line of the NE % SE % Section 1, T5S, R81 W, per the plat of Lion's Ridge Subdivision. Tom Moorhead, Town Attorney, said this is the final step necessary and that the Vail Town Charter, Section 4.8, requires that the sale of any real property must be authorized by Ordinance. This Ordinance will authorize the Town Manager to enter into contracts and conveyance of the real property which constitute the Red Sandstone Creek affordable housing project. This project is essentially complete and waiting final inspection and certificate of occupancy. It has been developed pursuant to previously approved Special Development District (SDD) ##33 and the Intergovernmental Agreement between the Eagle River Water & Sanitation District and the Town of Vail. Council member Sybill Navas asked if deed restrictions should be added to this ordinance. Tom Moorhead said that was irrelevant at this time. This ordinance only gives the town manager authority to enter into contracts but that he could add language to the ordinance to safeguard the perpetuity of the deed restrictions into the ordinance. Diane Donovan, a local resident, is concerned about affordable housing being affordable housing, forever. Council member Sybill Navas made a motion to approve Ordinance No. 17, Series of 1999 on first reading, with the condition to add language to the ordinance to safeguard the perpetuity of the affordable housing deed restrictions. Council member Mike Arnett seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The seventh item on the agenda was the Town Manager's Report. Council member Bob Armour asked Bob McLaurin to explain in further detail about the Holy Cross power proposal. Bob McLaurin< Town Manager, explained the recommendation to use community enhancement funds from the Holy Cross franchise fees to underground a portion of the overhead power lines in West Vail. He said there was no need to underground now since they will be undergrounding at a later time 0 10 Vail Town Council Minutes July 6, 1999 • • r� As there was no further business, a motion was made by Council member Ludwig Kurz to adjourn the meeting and Council member Bob Armour seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The meeting was adjourned at 10:20 p.m. _ F ATTEST Lo ei D naldson Town Clerk Respe Ily submitted, Ludwig Kt Mayor Pro Tem 11 Vail Town Council Minutes July 6, 1999 Vail, Colorado 81657 970-479-2100 FAX 970-479-2157 MEDIA ADVISORY July 7, 1999 Contact: Suzanne Silverthorn, 479-2115 Community Information Office VAIL TOWN COUNCIL HIGHLIGHTS FOR JULY 6 Work Session Briefs Council members present: Armour, Arnett, Foley, Ford, Jewett, Kurz, Navas --Northwest Colorado Council of Governments --Water Quality & Quantity Update The Council received an overview of the Northwest Colorado Council of Governments "QQ" water program from staff member Taylor Hawes. The Town of Vail contributes from $5,000 to $7,000 annually for member services, which includes legislative lobbying and monitoring, development of water quality protection standards and other initiatives. Councilmembers asked Hawes to consider developing a program for front range water conservation as well as provide involvement in the study of the impacts of magnesium chloride as a de-icer. Councilmember . Sybill Navas represents Vail on the QQ Board of Directors. --PEC Report During a review of the most recent Planning and Environmental Commission actions, Councilman Michael Arnett asked for a clarification on the status of the Antlers redevelopment application, which was being considered for a Special Development District, but will remain as a major exterior alteration application per the Lionshead Master Plan. Also, Councilman Bob Armour inquired about height requirements for the McDonald's remodel in West Vail (it's in compliance). --Marriott's Mountain Resort Special Development District In preparation for the evening meeting, the Council reviewed the Special Development District proposal for Marriott's Mountain Resort. In particular, the Council heard a proposal to increase the number of employee housing beds associated with the project, as requested previously by Council. In addition to the 6 units that will be provided on site, the applicant agreed to 8 additional master leased beds for an 8 year period. For details, see evening meeting briefs. --Appeal of PEC Approval of Golden Peak Ski Tunnel The Council voted 7-0 to table this appeal to the Aug. 3 work session to allow for review by the Design Review Board. --Model Traffic Code After hearing safety concerns from a resident in the Golf Course neighborhood and a resident in the Red Sandstone neighborhood, Town Councilmembers agreed to postpone implementation of the 1995 Model Traffic Code until those safety concerns are satisfied. Implementation of the 0 (more) �,5� RECYCLEDPAPER Add 11TOV Council Highlights/7-6-99 Model Traffic Code would result in increased speed limits from 15 mph to 25 mph on most • residential streets in Vail. That's because the Model Traffic Code provides for a residential speed limit of 30 mph unless specific speed studies justify reduced speed limits. The most recent speed studies in Vail suggest a 25 mph speed limit on residential streets. Concerns were expressed yesterday about the dangerous mix of pedestrians and bicyclists along Vail Valley Drive with a 25 mph speed limit, as well as speeding cars along Red Sandstone Road. For more information, contact Public Works Director Greg Hall at 479-2160. --Information Update Town Attorney Tom Moorhead asked for Council direction after advising the Council of a re_ quest by the Vail Village Merchants Association to add additional flexibility to the town's outdoor display guidelines. In response, Councilmembers generally expressed support for allowing increased flexibility during special events, but stopped short of supporting additional modifications to the existing guidelines. Given the Council's direction, Chief Planner Dominic Mauriello said mountain bikes and other property will be prohibited from being displayed or stored on the public right-of-way in Vail Village and Lionshead. For more information, contact Mauriello at 479-2148. Councilmembers acknowledged a letter from a constituent regarding complaints about the managed parking program in Ford Park. Councilman Kevin Foley reported the situation has improved with adjustments to the Ford Park shuttle service with a new drop-off point beyond Golden Peak, 5 minute pre -event service and post -event return service. Foley says he has been continually reminding constituents about the variety of choices in accessing Ford Park. In preparation for the evening meeting, Councilmembers received a summary of citizen comments regarding the design team concepts for community facilities. See evening meeting briefs for details. --Council Reports Kevin Foley reported on a recent managed parking meeting with representatives from the Ford Park user groups. Foley also said the Eagle County Regional Transportation Authority (Foley represents the Council as chairman of ECO) had broken ground earlier in the day on a joint maintenance facility with Eagle County. in addition, Foley noted the recent opening of the Edwards trail and the soon -to -begin construction of the trail from east Edwards to Avon. Also, Foley said an 'ECO work plan developed at a recent retreat would be distributed to the Council soon. Ludwig Kurz, who represents the Council on the Colorado Ski Museum Board of Directors, said the recent Beaver Creek Homes Tour fund-raiser was the most successful tour ever for the museum, raising $52,000. Also, Kurz said he represented the Town Council at the recent graduation ceremony for the Johnson and Wales culinary school. Bob Armour reported on his attendance at the Colorado Municipal League Conference as well as his last meeting as president of the Colorado Association of Ski Towns (CAST). Although Armour continues to sit on the executive board of CAST, the mayor of Steamboat Springs has been elected president. Armour also represented the Council at the recent ADA dedication for the Betty Ford Alpine Gardens in Ford Park. Assistant Town Manager Pam Brandmeyer, filling in for Sybill Navas at the Chamber of (more) 0 Add 21TOV Council Highlights/7-6-99 Commerce Board meeting, noted the board had voted unanimously to support the 1.4 percent lodging tax proposed for Vail. --Other Public Works Director Greg Hall briefed the Council on the town's street light improvement program which aims to place street lights at all bridges, bus stops and street intersections in town. Hall said installation is currently occurring in East Vail. Although there have been several complaints from residents who don't want to see additional street lights in Vail, Town Manager Bob McLaurin noted the town's responsibility for public safety. Kevin Foley inquired about the town's parking procedures during the July Fourth parade. He also forwarded a constituent inquiry about parking spaces being taken up by unnecessarily by bus supervisors. In addition, Foley inquired about the status of the closings for the sale of the Red Sandstone affordable housing units (closings will take place July 23) and the status of reflectors in Dowd Junction. He also wondered if magnesium chloride had been causing trees to die alongside the interstate between Vail and Denver. Michael Jewett noted that a controlled burn in California had gotten out of control, destroying numerous homes. He suggested the Council monitor the situation closely since the Forest Service intends to implement a controlled burn in the Booth Creek area above Vail later in the year or next spring. Sybill Navas inquired about a complaint from one of the housing lottery applicants regarding the calculation of points for residency. Town Attorney Tom Moorhead said the lottery program will be coming before the Council soon for a full review. While the lottery has served its purpose well, one possibility, according to Moorhead, is to replace the lottery system with a permanent eligibility list. The concept will be discussed during a work session in August. Also yesterday, Navas asked fellow Councilmembers for a list of potential projects to be considered during a Northwest Colorado Council of Governments Water Quality/Quantity Board planning retreat. Bob Armour suggested the agency join the Colorado Association of Ski Towns and the Colorado Department of Transportation in probing the effects of magnesium chloride as a de-icer. In addition, Navas asked about the status of a Vail Village loading and delivery study, which is due out shortly. Bob Armour suggested the town seek help from the U.S. Forest Service in combating pine beetle infestation along the North Trail in West Vail. Armour said the trail has been getting tremendous use. Also yesterday, Armour suggested a donation from the Council contingency fund to help sponsor the cost of a retirement party for former fire chief Dick Duran. Evening Session Briefs Council members present: Armour, Arnett, Foley, Ford, Jewett, Kurz, Navas --Citizen Participation The Council heard from Eric Larson, an Intermountain resident, who described safety concerns at the West Vail roundabout. He said drivers coming off the interstate frequently fail to yield to his vehicle as he travels from the West Vail shopping district back to Intermountain. Mayor Rob Ford asked Police Chief Greg Morrison to explore possible solutions. Josef Staufer criticized the town for providing equipment (cherry picker) to the Eagle County 0 (more) Add 31TOV Council Highlights17-6-99 Sheriff's Office and the U.S. Forest Service during the Category III protests. Staufer said the town should not have taken its equipment outside the town's boundaries. 0 Next, Councilman Michael Jewett stepped behind the podium to share a newspaper article about a recent controlled burn in California that got out of control, destroying numerous homes. As a result, Jewett said the U.S. Forest Service should consider other alternatives in addressing the proposed burn in the Booth Creek area scheduled for this fall or next spring. Representing the Glen ,Lyon Home Owners Association, Carol Hymers suggested the "Council. extend its public review period for the community facilities process, noting that some materials were delivered later than scheduled. She also asked for an update on the Mountain Bell site planning process for housing, day care and a new fire station. Also stepping behind the podium last night was Councilman Kevin Foley, who expressed his disappointment about a July Fourth incident involving longtime prankster Packy Walker. Vail -police had detained Walker that day because Walker, wearing Scottish golf attire, was carrying a sign that read "Save the Links." Foley sadly noted that Vail had lost its sense of humor. --False Fire Alarm Ordinance The Council voted 7-0 on the consent agenda to approve second reading of a false fire alarm ordinance. The legislation provides the ability 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. 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 Acting Fire Chief John Gulick at 479-2253. --Community Facilities Design Concepts Presentation The Council, joined by members of the Vail Recreation District, listened to presentations from three design teams regarding concepts for an expansion of Vail's community facilities. The teams have been participating in a design competition sponsored by the two boards. The concepts include multiple uses at the charter bus lot east of the Lionshead parking structure, including a gymnastics area and a second sheet of ice; expansion of the public library; improvements to Dobson Ice -Arena; as well as other community uses on sites outside the Lionshead area. While two of the three concepts suggest long-range efforts to acquire private property along West Meadow Drive to expand the Lionshead civic hub area, Mayor Rob Ford assured the audience that Town Councilmembers vehemently oppose the suggestion of condemnation. Following the presentations by the design teams, there were comments from several members of the audience. Those comments included continued concerns about the threat of condemnation; a suggestion the plan focuses too much on recreational special interests, such as a second sheet of ice; the need to be the "best" instead of the "biggest;" maintaining Vail's "picture book Village'; respecting the character of established residential neighborhoods; the need for a second sheet of ice; the importance of serving the interests of the larger community, including a new generation of residents; the need for vision; the need to slow the process down; and a suggestion that Vail Resorts would be the main beneficiary of the program. That brought a response from Adam Aaron who said his company is not driving the process. Aaron said VRI's goals are similar to many of the comments that had been made previously. Those goals include maintaining Vail's architecture, providing strong ties to nature and preserving the beauty of Vail. Aaron criticized the design teams for not staying true to similar goals that had been articulated. In addition, Aaron said, he, too, would be opposed to (more) 0 Add 4/TOV Council Highlights/7-6-99 condemnation of any kind. Next steps in the process include continued gathering of public feedback as the two boards work to determine which of the facilities ideas will be pursued in - greater detail, as well as narrowing the field of design teams from three to one. For more information, contact Russell Forrest in the Community Development Department at 479-2146. --Designated Open Space On a 5-2 vote (Jewett, Foley against), the Council defeated first reading of an ordinance that would have placed 4 town -owned parcels into designated open space protection as recommended by the 3-member Open Space Board of Trustees. The ordinance had needed a' super majority (6 out of 7) to pass. In voting the block approval of the ordinance, ' Councilmember Michael Jewett characterized the committee's open space recommendation as "throwing a bone to the community" because it didn't go far enough. There are other lands that need to be included in the designated open space provision, according to Jewett. Therefore, Jewett asked to send the recommendation back to the committee for additional work. Councilman Kevin Foley agreed. Prior to the vote on the ordinance, a motion by Jewett to table the issue failed on a 2-5 vote. The 5 remaining Councilmembers were critical of the defeat. Ludwig Kurz said he took offense to Jewett's comments, noting the Council has a responsibility not only to look at open space issues, but to also make sure the community has a sound future. Sybill Navas, a member of the Open Space Board of Trustees, agreed with Kurz. She said the Council would be ill advised to place parcels of land that are currently under litigation into the open space designation. And because there are community needs other than pure open space, she said it would be irresponsible for the town to tie up all its land. Bob Armour expressed disappointment the Council was unable to keep a promise to the Arosa-Garmisch neighborhood. The portion of the Arosa-Garmisch property that will be developed as a neighborhood park was one of the four sites included in the ordinance. The other parcels were Buffehr Creek Park (lots 40 & 34); a stream tract in the Bald Mountain neighborhood and an undisturbed meadow near the East Vail water tract. If the properties had been approved by a super majority vote on two readings, the parcels would have received designated open space protection in perpetuity unless voters decide otherwise. During discussion, Community Development Director Russell Forrest had noted the open space designation is an ongoing process in which parcels can be forwarded by the committee to the Town Council at most any time. For more information, contact Forrest at 479-2146. --Marriott's Mountain Resort Special Development District The Council voted 6-1 (Foley against) to approve first reading of an ordinance amending the Marriott's Mountain Resort Special Development District (SDD) to allow for redevelopment of the property. The project includes a "re -skin" of the exterior of the building as well as construction of 66 interval ownership club units on top of the existing parking structure. The proposal also includes conversion of the "Windows" restaurant to four condominium units and the conversion of existing ski storage/retail area to six employee housing units. In addition, the applicant agreed to master lease another eight employee housing beds for an eight year period. This represents an employee generation housing multiplier of 50 percent, up from the 30 percent town standard used in previous SDD reviews. The Marriott proposal is among the first to be considered under the guidelines of the new Lionshead Redevelopment Master Plan. In voting against the proposal, Councilman Kevin Foley expressed concerns about a landmark feature on top of the building, loading and delivery issues, as well as a concern about notification criticisms offered by an attorney for Vail Spa, an adjacent property. During the public comment period, the Vail Spa attorney said he'd be prepared to present testimony during second reading that would show the Marriott proposal doesn't meet the town's criteria for SDD approval. Also yesterday, (more) Add 51TOV Council Highlightsl7-6-99 Jim Lamont of the East Village Homeowner's Association offered criticism, saying the Council's review had "preempted" the Design Review Board process. For more information, contact is George Ruther in the Community Development Department at 479-2145. --Red Sandstone Land Conveyance The Council voted 7-0 on first reading to authorize the conveyance of the Red Sandstone Creek affordable housing property to the homeowner's association in preparation for closing on the property later this month. At the suggestion of Sybill Navas, the Council added language to the ordinance to safeguard the perpetuity of the affordable housing deed restrictions. For more information, contact Tom Moorhead, town attorney, at 479-2107. --Town Manager's Report In his town manager's report, Bob McLaurin noted a recommendation to use community enhancement funds from the Holy Cross franchise fees to underground a portion of overhead power lines in West Vail. UPCOMING DISCUSSION TOPICS July 93 Work Session PEC/DRB Report Executive Session Discussion of Parking Rates Review Budget Calendar Discussion of PA Zone District Amendments July 20 Work Session Employee Generation Potential Plan July 20 Evening Meeting First Reading, PA Zone District Amendments Second Reading, Marriott SDD Second Reading, Open Space Designation Second Reading, Sale of Red Sandstone Property Proclamation re: Colorado Cares • 0 • • • PUBLIC NOTICE VAIL TOWN COUNCIL MEETINGS Tuesdav, Auszust 31, 1999 Work session .............. NO MEETING DUE TO S"" TUESDAY OF MONTH Sign language interpretation available upon request with 24 hour notification. Please call 479-2332 voice or 479-2356 TDD for information.