Loading...
HomeMy WebLinkAbout1999-09-07 Town Council MinutesVAIL TOWN COUNCIL - MINUTES TUESDAY, September 7, 1999 7:00 P.M. The regular meeting of the Vail Town Council was held in the Town Council Chambers on Tuesday, September 7, 1999. The meeting was called to order at approximately 7:00 P.M. COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: STAFF MEMBERS PRESENT: Rob Ford, Mayor Bob Armour Kevin Foley Mike Arnett Sybill Navas Michael Jewett Ludwig Kurz Bob McLaurin, Town Manager Tom Moorhead, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Guy Ayrault, a local resident, read an article that was published in the New York Times. He stated he was unhappy with Mayor Rob Ford's comments and said he believed the mayor needed to apologize to the citizens of Vail for . the negative press. Josef Staufer, a local business owner, said the contract with the Vail Valley Tourism and Convention Bureau (VVTCB) expires on December 31, 1999. He requested that the Vail Community Chamber of Commerce be part of the conversation on how the information booths should be run. He also said the sign ordinance regulations have discrepancies. He was concerned that the McDonald's restaurant was allowed five signs and the Christmas shop, Noel, was not allowed to have a sandwich board sign, which is not allowed in town. He wants the regulations to be fair to everyone. He would like to meet with the Community Development Department staff to discuss changes to the sign regulations. Council member Mike Arnett said the sign regulations allow additional signs if they are three feet inside of the building. Bob McLaurin, Town Manager, said the town staff would be willing to meet with Josef Staufer on this issue. Hamish Tear, owner of Scotch on the Rockies, stated he wanted the Town Council support in changing the school calendar in Eagle County. He said employees with school age children in Eagle County are under stress because the school holidays come when the tourists are in town and the parents have to work. He wants to lessen the total days off at Thanksgiving, Christmas and move the Spring Break from March to April. He presently has no time off with his children. He wants the Council and the community to support him. He said that there is a lot of opposition to his idea at this time. • 1 Vail Town Council Minutes September 7, 1999 . Kaye Ferry, President of the Vail Valley Merchant's Association (VVMA), said the sign regulation issue is on their September 15 meeting agenda. She also stated that the WMA worked with WestFest event organizers and the merchants thought the event was a huge success. She said anything the town and residents could do to encourage them to come back would be appropriate. She also said that the committee for Vail Tomorrow housing has been meeting, and wanted to know what the status is with the Mountain Bell site and would like to have answers. Paul Rondeau, thanked everyone that was involved with WestFest. He would like to see the event come back to Vail. He said the money and time spent should be a litmus test and should have a leveraging effect and be a part of the partnerships In all events. On the lodging tax, he said to leverage the dollars. During WestFest Vail Valley Drive officially became a non - motorized area and would like to redesign Vail Valley Drive as a pedestrian area in the future. He said the road should be closed as a recreation area "bridge" between event areas. He stated he lived in the area and would be inconvenienced as everyone else but would be glad to alter his route during the summer daylight hours. Eric Baumann, owner of Noel, asked the Council what the vote was on the vending cart issue. He wanted to know if there had been a formal vote or an informal vote. Mayor Rob Ford said the vote taken at the work session was a vote to not amend the current regulations, and was not a vote specifically against his vending cart. Eric also said he received a violation notice on his sandwich sign board. He said there are currently five sandwich boards in town that were also in violation of the regulations. He said he wanted to be treated like any other shop owner in town. He wants equality in enforcement of the sign regulations. Kelly Cloutre, a local resident, passed out information regarding the Vail Village traffic flow problems. She said this is a long-standing dilemma in the Village. She said the cars are drawn into town through Vail Road down to Checkpoint Charlie. She said at Checkpoint Charlie, the traffic is redirected through the Village and this is dangerous to pedestrians. She wants Checkpoint Charlie moved and the traffic redirected out of the Village. Carol Hymers, representing the Glen Lyon Homeowner's Association, thanked the Council for bringing WestFest and the Jazz Festival to Vail. She asked the Council for an update on the "Ruins" and the Mountain Bell sites. Mayor Rob Ford said there are on -going discussions with the Mountain Bell site and recommendations of a Fire Station. As for the "Ruins" site, the owners are in charge of that lot at this time. Bob McLaurin, Town Manager, stated there has been discussions with the owners and the town. Mayor Rob Ford said whatever the solution is, it will not be an easy, quick or cheap solution. 0 2 Vail Town Council Minutes September 7, 1999 The second item on the agenda was the consent agenda. 0 A. Approve the Minutes from the meetings of August 3 and 17, 1999, Council member Mike Jewett asked that the vote for the meeting minutes be done separately. Council member Bob Armour made a motion to approve the meeting minutes of August 3, 1999 with minor changes, and Council member Michael Arnett seconded the motion. A vote was taken and the motion passed unanimously, 6-0. Council member Bob Armour made a motion to approve the meeting minutes of August 17, 1999 and Council member Michael Arnett seconded the motion. Council member Mike Jewett said he had heard there was a concern about the newspaper box issue and said for the record, he would have voted against that ordinance and he said he would vote against the approval of the minutes of August 17. A vote was taken and the motion passed 5-1, Mike Jewett against. B. Adopt Resolution No. 10, Series of 1999, A Resolution Designating a checking Account For Purchasing and Transactions for the Town of Vail, with Steve Thompson, Christine B. Stouder, Bob McLaurin, and Pam Brandmeyer as the Designated Signers on that Account, Permitted By The Charter of the Town, Its Ordinances, and the Statutes of the State of Colorado. Council member Bob Armour made a motion to adopt Resolution No. 10, Series of 1999, and Council member Mike Arnett seconded the motion. A vote was taken and the motion passed unanimously, 6-0. The third item on the agenda was a presentation on the County -Wide Housing Needs Assessment completed July, 1999. Nina Timm, Town Planner, said the Town of Vail participated in the Eagle County Housing Needs Assessment and Chris Cares was here to present the findings of the study and answer questions that Council members may have about the County -Wide Housing Needs Assessment. Chris Cares, representing Rosall, Remmen and Cares (RRC), made a presentation to the Council on the Housing Needs Assessment for Eagle County. RRC was part of a team working on this effort. His company was directly involved in tabulating the results. There is far more in this report than just to report that housing is needed. There are numbers in this study that can be useful for a number if issues. This assessment has been carefully organized under a series of topics, such as population and demographics, age, employment information, job generation ratios, commuting information, traffic, housing marketing conditions, solutions and opportunities, both from resident and employer standpoints, design issues, trends since 1990, growth issues. He said what issues were seen in Vail is now what is being seen down valley and the county as a whole. And the assessment also has conclusions and as well as recommendations. • 3 Vail Town Council Minutes September 7, 1999 Suggestions advocated are to continue to monitor the situation. The assessment shows there • is a need to develop more rental housing, for -sale housing, develop uniform deed restrictions throughout the county, and to concentrate for -sale development efforts on attached housing and manufactured housing. Eagle County, as a whole, needs to address the special needs of the growing Spanish speaking population. As well as develop county -wide commercial linkage and inclusionary zoning programs, work with employers, particularly the larger ones and private developers to provide housing, and develop affordable housing throughout the county, except for seasonal housing, which should be concentrated in Vail. Mayor Rob Ford thanked Chris for his presentation. Council member Mike Jewett asked Chris if he was proposing that the Town of Vail should be looking at housing down valley. Chris said no that was not what he meant. He stated the rest of the county shares the housing problems with Vail. David Carter, representing Eagle County, said the whole area is losing ground with regard to housing issues. In the assessment there measures to see what has been done and compare it to what needs to be done. The debate is always, have we done enough vs. what needs to be done. Chris said there are a number of different measures that could be taken. One is to measure where the employees work versus where they live, look at the relationship of what the incomes are and what they pay in rent. There are a substantial number of people who have a problem paying rent. The fourth item on the agenda was a discussion of the Five -Year Capital Projects and RETT Budgets. Bob McLaurin, Town Manager, said the staff would run through what is being proposed for the 2000 budget and said staff is not asking for any decisions tonight. Staff would like direction from Council. He said the revenue forecast and capital projects are in this budget. Bob also clarified that last year there was a bi-annual budget approved by the Council and this proposal are the changes to that bi-annual budget. Bob reviewed the revenue figures, most of which comes from sales tax, and gave a summary of items for capital projects, and other items such as, fire station, document imaging, street sweeper, snow removal from the frontage roads, radio system, upgrade to the phone system, upgrade costs to run the dispatch system, street reconstruction, branch library and community room space at the Bright Horizons space at the Vail Commons site, reconstruction of the administration parking lot, way -finding program costs, community facility hub site, streetscape master plan, and creation of a landscape boulevard from the Main Vail Roundabout to Blue Cow Chute, He said staff is not asking for any decisions this evening, and wants input from Council. The general input from Council, questions from Council, and the principal discussion will be held next week at the work session. 0 4 Vail Town Council Minutes September 7, 1999 Mayor Rob Ford asked Bob how the public could have their input added. • Bob said they could call him, write a letter, e-mail him or come to the work session. Council member Sybil] Navas asked Greg Hall how much the Colorado Department of Transportation (CDOT) would pay to have the Town of Vail take over the maintenance of the Frontage roads and expressed that she was concerned about the cost for busses. Greg Hall, Public Works Director, said he didn't have a dollar figure but he knew it wouldn't cover the total costs. Further discussion ensued on the bus system costs and public works items. Council member Sybill Navas was glad to see funding for the Wayfinding program and also for the community room. Council member Bob Armour said he was concerned about the cost remodeling the community room for $250,000 and the library room. He would like to have the library done before the landscape boulevard. He would like to see these items re -prioritized. Council member Mike Arnett agreed with Bob on the library and wants to use the dollars spent on remodeling the existing library. Council member Mike Jewett asked about the library satellite area. Annie Fox, Library Director, said they had looked at a community room outside of the main library because the library is not accessible to several groups. If the present space is turned into a learning center, then a community room is not available anymore. The town needs to find a space for a free community room available somewhere in town. Bob McLaurin said the current space is primarily a meeting room. He said he envisioned the community space larger so more of the community could be accommodated. Council member Mike Jewett said he has been requesting more staff for later hours for the library. He said if this cannot be accomplished at the main library now, how would this work at a satellite area? Bob McLaurin reminded Council this is a proposal only, nothing is final at this time. Council member Sybill Navas said the Community Facilities team was caught unaware and this particular item is part of a bigger picture. She feels Council would be doing a disservice to look at this item at this time. Further discussion ensued. Bob McLaurin said the sales tax revenue is split 50/50 with operations and capital projects and suggested that this may need to be changed. 0 5 Vail Town Council Minutes September 7, 1999 Council member Kevin Foley said he wants to see remodeling at the library before the landscape boulevard project is done. He also said that the town should consider a vehicle replacement fund each year instead of taking a large hit at one time. Steve Thompson, Finance Director, said the town had never funded it in the past and the staff would have to look into the matter and find a place to fund it out of for the future. Bob McLaurin also reviewed the Real Estate Transfer Tax (RETT) budget. Revenues forecasted $2.9 million. The proposal is for additional design of Donovan Park and construction on the Middle Bench of Donovan Park. This is a first attempt at the RETT budget. This could change depending on the Community Facilities planning process. Further discussion ensued. Russ Forrest, Community Development Director, stated that there have been no discussions about the upper bench of Donovan Park at this time. Mayor Rob Ford said he wanted to have a discussion to add this property added to the open space trust on another agenda when there was time. Council member Kevin Foley said he would like to find a permanent space for the skate park and the tot lot in Lionshead and to have them funded sooner. He expressed concern about doing anything at Donovan Park until things are resolved on this matter. Additional discussion ensued. Mayor Rob Ford reiterated that this was a first 'shot' at the budget process and they are working through the process. At the September 21 meeting, there will be a Community Facilities discussion and a discussion on usage of RETT funds. He said the community should contact Sybill Navas or Bob McLaurin if they had further questions on Community Facilities. He said the next week work session, September 21 would be the first reading, and on September 28 there would be additional discussion. The Council plans to adopt the 2000 budget by the end of October. A 5-minute break was taken at this time. The fifth item on the agenda was first reading of Ordinance No. 21, Series of 1999, an Ordinance Creating the Vail Local Marketing District. Tom Moorhead, Town Attorney, stated the Town of Vail has been presented with a petition for the organization of the Vail Local Marketing District. He said Frank Johnson of the Vail Valley Tourism and Convention Bureau (VVTCB) was responsible for the circulation of the petition to create and organize the District. He introduced Paul Cockrell to explain how this process works. Paul Cockrell, attorney for the marketing district proponents, stated the Vail Town Council would be the first to create a marketing district in Colorado. A local marketing district to promote the area and support public events. He stated that after two public hearings, the town 0 6 Vail Town Council Minutes September 7, 1999 could approve a marketing district be organized and approve an election to be held on November 2, 1999. At that time the marketing district would be technically approved. He said that on September 30, 1999 a budget plan would be presented for the 2000 fiscal year. This procedure was approved in 1998 by the state legislature. The petition was signed by over 50% of the commercial property owners in the Town of Vail. Mayor Rob Ford asked for additional background information. Was this district formed purely for handling lodging tax? He asked if the Council adopts the district, what happens if the lodging tax is defeated? Tom Moorhead, Town Attorney, stated the ordinance does not become effective until the voters vote the marketing district in to existence. Further discussion ensued. Frank Johnson said commercial property owners have signed the petition, some may not be necessarily property owners, but business owners. Council member Mike Jewett asked about reviewing the signed petitions. Tom Moorhead responded this petition was handled differently, and it was an over site that Council did not receive copies of the petition. He said the town clerk would get copies of the petition to the Council members as soon as possible. 0 Frank Johnson stated he went door to door, to get the petition signed. Council member Mike Jewett asked if there were any pro and con statements made for this issue. Frank Johnson said yes there were pro and con statements and that the petitioners kept going until they received more than 50% support. Mike Cacioppo said he is not opposed to this issue going to the ballot, but he had a problem with the fact that the town clerk was to give a written summary of the pro and con statements. Rod Slifer, a commercial property owner, stated the request for this petition was in response to the Council request for the business community to do so. Mayor Rob Ford thanked Rod and all those who organized and got this issue before the Town Council. Bob Fritch, a lodge owner, urged the Council to pass the ordinance. He said the community has spent a great deal of time organizing this district proposal and he feels this will be the most equitable and fair process for Vail. Jim Feldhaus, an owner of Colorado Mountain Express, said he wanted to express his opinion as someone outside the community of Vail. He said the greatest percentage of his business is inside the Town of Vail and he encouraged the Council to approve this Ordinance. 0 7 Vail Town Council Minutes September 7, 1999 Rob LeVine, representing The Antlers, stated they are in support of this ordinance. • Council member Mike Arnett made a motion to approve, on first reading, Ordinance 21, Series of 1999, and Council member Kevin Foley seconded the motion. Council member Mike Jewett spoke in favor of the motion. He thanked the petitioners for their efforts and stated the Vail voters will make the final decision. A vote was taken and it was passed unanimously, 6-0. At this time Council member Bob Armour made a motion to move Item Ten, Resolution No. 12, Series of 1999 to be discussed at this time and Council member Sybill Navas seconded the motion. A vote was taken and it passed unanimously, 6-0. The sixth item on the agenda was Resolution No. 12, Series of 1999, a Resolution Submitting To The Registered Electors Of The Town Of Vail At The Regular Municipal Election To Be Held On Tuesday, The 2"d Day Of November, 1999, The Question Of Whether The Town Of Vail Should Be Authorized To Collect A New Marketing And Promotion Tax On The Purchase Price Paid Or Charged To Persons For Rooms Or Accommodations Pursuant To Section 29-25-112, C.R.S., As Amended, At A Rate Not To Exceed 1.4% To Provide Revenue For Organizing And Operating The Vail Local Marketing District And Furnishing Services Therefore. Tom Moorhead, Town Attorney, stated this resolution goes hand -in -hand upon passage of Ordinance No. 21, Series of 1999, establishing the Vail Local Marketing District. The question of an increase in sales tax must be passed by a majority of the general electors of the Town of Vail in the upcoming general election. Upon passage of the Ordinance, the District shall not be established unless a majority of the registered electors voting on the establishment of the District vote in favor of the establishment at the election to be held on November 2, 1999. The ordinance does not go into effect until the voters vote it in. The ballot question will provide for a new marketing and promotion tax on the purchase price paid or charged to persons for rooms or accommodations at a rate not to exceed 1.4%. The revenue generated from the tax increase will be utilized for organizing and operating the Vail Local Marketing District and providing services pursuant to the Local Marketing District Act as passed by the Colorado General Assembly. Paul Johnston, a lodge owner, said he feels it is inappropriate and immoral to impose a tax on people who do not benefit from the tax. He is against it. Council member Sybill Navas made a motion to adopt Resolution No. 12, Series of 1999, and Council member Mike Arnett seconded the motion. A vote was taken and the motion passed unanimously, 6-0. The seventh item on the agenda was second reading of Ordinance No. 20, Series of 1999, Second Reading of An Ordinance To Provide For The Regulation Of Newsracks Located On Public Property and Design Review Guidelines For Newsracks Located On Private Property Within Certain Designated Areas Of Vail Village and Lionshead. • 8 Vail Town Council Minutes September 7, 1999 Tom Moorhead, Town Attorney, stated at the public hearing conducted at the first reading Council was presented with the evidence in a summary fashion concerning the health, and safety issues and aesthetic issues which led to the process that has resulted in the ordinance before them. The only addition to the ordinance since the last reading is Section 8-6-4, entitled Permit Required. This section establishes the requirement for a permit in the Vail Village and Lionshead newsrack boundary areas. The permit process does not require a rental or fee to be paid for the ability to distribute but only allows a cost of recovery for construction of cabinets. The final cost of the cabinets is unknown but will result in a cost sharing between the publishers and the Town. This ordinance does not call out the recovery of costs. He said he included copies of a letter from Alice Lucan, representing USA Today and the response letter. They are opposed to any cost recovery. Another letter of concern was from Steve Johansson with the Rocky Mountain News, he has concerns about escalating costs. Tom said that he would provide letters to Council Council member Bob Armour said the cost recovery the Council had been looking at is $651year per entity. He asked if they were expecting that number to change. Tom Moorhead said the cost that is changing is the cost of constructing the cabinet. As a cost recovery item, the town can change the time of recovery from 10 years to 15 years or more. Mike Cacioppo said WestFest was a tremendous asset for the Town of Vail and looks forward to it being in Vail in future years. • He said that regarding the newsrack issue he is still opposed to this ordinance. He feels the Council is trying to violate the constitution. He stated he would sue the town and call for a referendum against this ordinance. This ordinance needs to be reworked with a one-time fee, and no profit for the government. He wants the appeal procedures to go to elected officials not the town manager. He wants to find a way to come up with a plan like Glenwood Springs has for their newspaper boxes. He would like the Council to table this issue and come back with something more fair. Bob Fritch, a lodge owner, said it is critical that the town do something now. He said what the town has now is horrible. He asked the mayor how this ordinance applies to newsracks on private property. Tom Moorhead said they would be going to Council for design guidelines. He said any rack on private property would be consistent with what is approved on public property. The fees would not apply. Tom said if the news racks are on private property, the owner gets to say whether it is there or not. Council member Mike Arnett made a motion to approve Ordinance No. 20, Series of 1999 on second reading, and Council member Sybill Navas seconded the motion. Further discussion ensued. Council member Mike Jewett said it was wrong for the town to dictate where the newsracks go, 0 9 Vail Town Council Minutes September i, 1999 and he agrees with Mike Cacloppo. He said he would vote against the motion. Council member Kevin Foley said this will clean up the news rack mess. Council member Bob Armour stated the town has no intention of regulating what goes in the news racks. A vote was taken and the motion passed, 5-1, Mike Jewett against. Council member Bob Armour made a motion to change the order of the agenda to move item number Eight, Ordinance No. 23, Series of 1999, to be discussed at this time, Council member Kevin Foley seconded the motion. A vote was taken and the vote passed, unanimously, 6-0. The eighth item on the agenda was first reading of Ordinance No. 23, Series of 1999, an ordinance amending Chapter 7, Section 12, Public Accommodation Zone District, Chapter 2, Section 12 Definition and Chapter 10, Section 12 of the Town of Vail Zoning Regulations to allow for text amendments to the development standards prescribed for the Public Accommodation Zone District; providing definitions of "Fractional Fee Club Unit", "Lodge", and "Substantial Off -site Impact"; revising the parking requirement calculation for a fractional fee club unit; and setting forth details in regard thereto. Mayor Rob Ford said this issue has been in front of the Town Council six times and was in front of the Planning and Environment Commission eight times and has been in the process for a year. He asked if there were any changes. Russ Forrest said there were changes on page 7, creating a stepbacks and in the definition section. The changes are in italics in the ordinance. Tom Braun, consultant, said this change would affect a few buildings. Chuck Ogilby, a local builder, said he is not speaking against the ordinance, but would now encourage redevelopment in Vail without an inclusionary zoning in place. Council member Bob Armour made a motion to approve Ordinance No. 23, Series of 1999 on first reading, and Council member Mike Arnett seconded the motion. Council member Sybill Navas thanked Russ for the changes, which were made for clarification, but she is uncomfortable adding things to the Vail Village design plans. A vote was taken, and the motion passed 5-1, Sybill Navas against. Council member Sybil[ Navas clarified she was only against the new changes to the ordinance. Mayor Rob Ford said this ordinance has been in front of Council and the Planning and Environmental Commission for over a year. At this time, 9:55 p.m., Mike Arnett excused himself from the rest of the meeting. 10 Vail Town Council Minutes September 7, 1999 • The ninth item on the agenda was first reading of Ordinance No. 22, Series of 1999, first reading of an ordinance amending Title 12 Zoning and Title 13 Subdivisions of the Town of Vail Code, and creating a new Title 14, Development Standards, providing for the establishment of development standards for property in the Town of Vail and providing for the adoption by reference the Town of Vail Development Standards Handbook. Allison Ochs, Town Planner, said the Public Works Department, the Fire Department, and the Community Development Department have been working together to clarify and consolidate the development review process for the Town of Vail. The Development Standards Handbook is the clarification of development standards used by various departments in this process. The Development Standards Handbook includes standards on Residential Access, Driveway and Parking; Residential Fire Department Access; Parking Lot Design; Grading Standards; Geologic and Environmental Hazards; Summary of Zoning Regulations; Gross Residential Floor Area Descriptions and Design Review Standards and Guidelines. Council was introduced to the Development Standards Handbook at the August 3, 1999 work session. Mayor Rob Ford said this doesn't change the standards, it puts it into a booklet form for anyone to pick up from the town and use. This is not codified and it is easier to change by resolution. Harry Gray, a local builder, said he wants a comprehensive plan in place. Council member Bob Armour stated this allows for the standards to be in one place. He said next year other things, such as the content, will be addressed later. Council member Bob Armour made a motion to approve Ordinance No. 22, Series of 1999 on first reading, and Council member Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, 5-0. The tenth item on the agenda was Resolution No. 9, Series of 1999, a Resolution Acknowledging a Vacancy on the Vail Town Council and Calling a Special Election to Fill the Unexpired Term. Tom Moorhead, Town Attorney, stated Mayor Rob Ford submitted a letter, and has announced his resignation from his position on the Vail Town Council creating a vacancy with two years remaining in his unexpired term. Pursuant to the Vail Town Code, as there are more than 365 days remaining in this unexpired term, it shall be filled by calling a special election. This special election can be held simultaneously with the upcoming general election on November 2, 1999. Section 3.2 of the Val Town Charter provides that if a vacancy exists, the candidate receiving the fifth highest number of votes shall be elected for a two-year, unexpired term. Council member Mike Jewett asked why it was a special election. Tom Moorhead explained that if a vacancy is more than 365 days, it calls for a special election. 0 11 Vail Town Council Minutes September 7, 1999 Council member Bob Armour made a motion to adopt Resolution No. 9, Series of 1999, and Council member Sybil] Navas seconded the motion. Council member Kevin Foley said he will Rob on the Town Council A vote was taken and the motion passed unanimously, 5-0. The eleventh item on the agenda was the Town Manager's Report. There was nothing further to add to the Town Manager's report. As there was no further business, a motion was made by Council member Bob Armour to adjourn the meeting and Council member Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, 5-0. The meeting was adjourned at 10:00 p.m. E A L A • ele' Donaldson Town Clerk Rob Ford Mayor 0 12 Vail Town Council Minutes September 7, 1999 TOWN OF VAIL [31 *5 South Frontage Road Vail, Colorado 81657 970-479-2100 FAX 970-479-2157 MEDIA ADVISORY September 8, 1999 Contact: Suzanne Siiverthorn, 479-2115 Community Information Office VAIL TOWN COUNCIL, HIGHLIGHTS FOR SEPTEMBER 7 Work Session Briefs Council members present: Armour, Arnett, Foley, Ford, Jewett, Kurz, Navas --Site Visit and Appeal of Design Review Board Approval of a Residence Remodel After conducting a site visit, reviewing the plans, reviewing applicable TOV code requirements and listening to the testimony of the appellants and their attorney, Council voted 4-3 (Kurz, Armour, Arnett opposed) to overturn the Design Review Board approval based on an observed "incompatibility between the design of the proposed addition and the existing residence." The applicant, Frank McKibben, had sought a residence remodel for one side of a duplex located at 5095 Main Gore Drive. For more information, contact Brent Wilson in the Community Development Department at 479-2140. --Lodging Quality Initiative Request for 1999 Funding The Council voted 7-0 to approve up to $19,064 from the town's general fund to help fund the first year of a lodging quality initiative. This, after a presentation from initiative representatives Frank Johnson and Bruce Giliie who provided an overview of the program which begins with a mandatory rating system for participating lodges. The initiative also has a $67,000 funding commitment from Vail Resorts to help cover first year costs. Also, Alpine Bank, FirstBank, Norwest Bank and WestStar Bank have agreed to provide property owners with easy -to -obtain loans for property upgrades, they said. A funding request of $100,000 for 2000 will be considered by the Council as part of its overall Council contribution process at the Sept. 14 work session. Councilman Ludwig Kurz, who said the project was highly worthwhile, urged the initiative members to work hard on getting other funding partners in place. --Discussion of Proposed Public Accommodation Zone District Amendments In preparation for first reading at the evening meeting, the Council reviewed and accepted a proposal from Councilman Michael Arnett that would add additional language to the Vail Village Urban Design Guide Plan applicable only to properties in the Public Accommodation Zone District to prevent possible abuses caused by density increases through passage of the Public Accommodation Zone District amendments. As recommended by Arnett, the Council agreed to insert a passage calling for no less than 50 percent of a building's frontage along streamtract, vehicular or pedestrian ways be stepped back an average of five feet. In certain cases, additional step backs may be required. The ordinance to amend the zone district was later approved on first reading by a vote of 5-1 (Navas against). See evening meeting briefs for . details. (more) t1kf RECYCLED PAPER Add 11TOV Council Highlights/9-7-99 --Review Revenue Forecasts and 5-Year General Fund Model • In preparation for Council's 2000 budget review, Town Manager Bob McLaurin and Finance Director Steve Thompson presented a preview of the town's revenue projections. The budget will be based on a relatively optimistic view of revenues, McLaurin said, with sales tax collections budgeted at a 5.5 percent increase over the 1999 estimate and lift tax revenues budgeted at 13 percent over what was collected in 1999. Although McLaurin said the town will end the 2000 year with a slight budget surplus, additional revenues and/or cuts will need to be determined to prevent deficit spending in the out -years. --Development Standards Ordinance In preparation for the evening meeting, the Council reviewed an ordinance establishing a development standards handbook. The handbook is a compilation of departmental standards used during review of new projects. The handbook has been developed over the past two years and is intended to help clarify the development review process for applicants. The ordinance was later approved at the evening meeting on first reading. For more information, contact Allison Ochs in the Community Development Department at 479-2369. Information Update Assistant Town Manager Pam Brandmeyer reported on a meeting she attended earlier in the day on local ski pass programs initiated by Vail Resorts, Inc. Brandmeyer said VRI will spend $1 million in community ski pass programs aimed at getting Eagle County residents on the mountain. Also, Brandmeyer shared an invitation to Councilmembers from CARTS (Colorado Alliance for a Rapid Transit Solution), regarding a CARTS -sponsored barbeque in Avon on Sept. 16. The gathering will be used to update local officials on the progress of a high-speed rail corridor from Denver to Glenwood Springs. Town Manager Bob McLaurin announced that a delegation of elected officials from Mammoth Lakes, Calif., would be visiting Vail Sept. 30. McLaurin also complimented the staff, especially Pam Brandmeyer and Town Clerk Lorelei Donaldson, for their hard work in the planning and implementation of WestFest over Labor Day weekend. --Council Reports Led by Michael Arnett, Councilmembers thanked town staff and others involved in the WestFest event, noting its success. Following an update by Bob Armour on efforts by the Colorado Association of Ski Towns (CAST) to launch a joint study on the effects of magnesium chloride, the Council voted to appropriate $2,000 from Council contingency funds to assist with the $30,000 research project. Other partners include the Colorado Department of Transportation, U.S. Geological Survey, Colorado Department of Health and Northwest Colorado Council of Governments, among others. Armour said the study, using independent researchers, will assess impacts to air, stream water, drinking water and general health. Sybill Navas suggested the presence of a staff representative at a meeting in Glenwood Springs this week, organized by the Northwest Colorado Council of Governments, to collect comments regarding the draft plan for the White River National Forest. Navas, as well as other councilmembers, expressed concern about the proposed recreation use numbers proposed in the plan. Michael Arnett announced the schedule for Oktoberfest in Vail, Sept. 17-19, and shared a (more) 0 Add 21TOV Council Highiights19-7-99 constituent request about more flexible vehicular access to Vail Village for his carpet cleaning business. --Other Bob Armour noted his attendance at the town staff picnic. Kevin Foley, while commenting on a successful weekend, noted some problems with special event signs and bus service during the course of the holiday. Also, Michael Jewett congratulated the staff for an excellent job with WestFest. He also noted the lack of water at one point at the portable toilet stations. Town Manager Bob McLaurin said staff would be conducting a debriefing soon. WestFest organizers now have 60 days to negotiate an agreement with the town to bring the event back to Vail for up to 9 more years. With the success of multiple events in multiple locations during the holiday weekend (WestFest, Duck Race, Jazz Fest, Oktoberfest), Ludwig Kurz said Labor Day has become an opportunity to draw more guests to the area than one once thought. Also yesterday, Kurz and Navas suggested some minor modifications to the Council minutes of Aug. 17 and Aug. 3. Sybill Navas asked for clarification regarding the schedule for the Vail Plaza Hotel review, an easement for the North Trail (an agreement was reached this week) and a question about property ownership requirements at Vail Commons. She also expressed frustration about a parking ticket that was issued to a house guest during the holiday weekend, noting that police haven't enforced the no parking regulations on her street during Labor Day weekend in 20 years. She said an advance warning to the neighborhood would have been more appropriate. In response, Town Manager Bob McLaurin said a Council discussion on enforcement issues would be an appropriate next step. Kevin Foley asked that the wayfinding study, which is currently underway, address the need to make the bike path connections in Vail Village and Lionshead more visible. Those connections, he said, also should be made more visible on a map. Also, Foley said a fundraiser had been scheduled for the Team Vail Eco Challenge Team. Evening Session Briefs Council members present: Armour, Arnett, Foley, Ford, Jewett, Navas --Citizen Participation Vail resident Guy Ayrault appeared before the Council and asked for an apology from Mayor Rob Ford for comments made in a recent New York Times article about the mayor's pending resignation. Ayrault said he took offense to Ford's portrayal of community disagreements, calling it a "stinging attack on Vail and its people." Joe Staufer, representing the Vail Community Chamber, reminded Councilmembers that a contract for operation of the Vail visitor centers will expire Dec. 31. In negotiating a new contract with the Vail Valley Tourism and Convention Bureau, Staufer asked if the Vail Community Chamber could have input as to how the visitor centers will be operated in the future. Also, Staufer expressed support for a sandwich board -type sign proposed by the Noel Christmas shop. He suggested the town's sign ordinance be modified to allow such signs, noting current 0 (more) Add 3/TOV Council Highlights/9-7-99 discrepancies in enforcement. Staufer also received confirmation yesterday that the McDonald's . signs in West Vail conform to the sign code. Next, Hamish Tear, a Vail business owner, announced his crusade to change the Eagle County School District calendar. Tear says the calendar is "unfriendly to the ski industry" because schoolchildren are released at the same time parents are working their hardest to serve guests. Instead, Tear has proposed reducing the length of holidays during Thanksgiving and Christmas, adding extra holidays in October and moving spring break into April. Councilmember Sybill Navas offered support. Kaye Ferry of the Vail Village Merchant Association said she was hopeful that a discussion of the town's sign code ordinance on Sept. 15 would generate some constructive solutions. Also, Ferry called the recent WestFest event a huge success and encouraged the town to do what it can to bring the event back, as well as other events that draw more people into town. Lastly, Ferry said the Vail Tomorrow Affordable Housing Team had met and was inquiring about the status of the Mountain Bell proposal for seasonal housing. Paul Rondeau, a resident of the Golf Course neighborhood, thanked everyone for a successful WestFest and suggested the formula of leveraged partnerships be put into continued practice with the proposed 1.4 percent lodging tax. Rondeau also noted the success in turning Vail Valley Drive into a non -motorized recreational link between the two WestFest venues. He suggested consideration of a summer long ban on vehicles along that portion of Vail Valley Drive. Rondeau said he'd be as inconvenienced as anyone else and would gladly use the Pulls Bridge entrance as a detour. Lastly, Rondeau urged the town to begin the design process for reconstruction of Vail Valley Drive. Eric Baumann, who has appeared before the Council previously to ask for help in modifying town codes to allow for an outdoor vending operation, asked for clarification regarding the Counci€'s last action on the request. Baumann also asked Council to consider allowing him to leave his sandwich board shop sign in place until his violation can be resolved. Next, Kelly Clouatre asked Council to address what she described as a longstanding and dangerous situation at Checkpoint Charlie in Vail Village. When motorists become lost, she said, officers at Checkpoint Charlie redirect those vehicles through the pedestrian village, creating a dangerous mix of vehicles and pedestrians. Clouatre said an alternative would be to move Checkpoint Charlie out of the pedestrian zone and up to the corner of Vail Road and Meadow Drive, or the corner of Vail Road and Willow Road. Carol Hymers, representing the Glen Lyon Homeowners Association, complimented organizers of WestFest, Jazz Fest and the Rubber Duck Race for an outstanding holiday weekend. She also inquired about the status of the Mountain Bell seasonal affordable housing proposal and the private housing development at the Ruins site in Cascade Village. In response, Mayor Rob Ford said efforts are moving forward on the Mountain Bell site, pending decisions on location of a fire station, while construction of housing at the "Ruins" site appears to have stalled out. In addition, Ford said discussions are continuing with the owner of the Timber Ridge development to preserve deed restrictions on the property. --Consent Agenda While voting 6-0 to approve the minutes of Aug. 3, the Council voted 5-1 (Jewett against) in (more) 0 Add 4/TOV Council Highlights/9-7-99 approving the minutes of the Aug. 17 meeting. Jewett said he voted against approval of the minutes because he objected to Council's first reading approval of the newspaper box ordinance. Jewett was absent from that meeting. --Presentation on the Eagle County Housing Needs Assessment Chris Cares of RRC Associates in Boulder presented an overview of the Eagle County Housing Needs Assessment, which is an update of a 1990 document. Cares said the report contains a wealth of data for a variety of public and private -sector purposes, including housing and employment inventories, market conditions, design preferences and policy preferences, among others. Overall, Cares said the report shows the housing problem to be much greater than it was 10 years ago with the problem now extending throughout the county. Ten years ago, he said, the problem was thought to be a Vail -only problem. Overall, survey respondents were supportive in taking proactive measures to address the problem countywide, according to Cares. Copies of the 100-plus document are available for $11 each from the Town of Vail Community Development Department. Also, reference copies are available at area libraries. --Discussion of Five Year Capital Projects and RETT Budgets Town Manager Bob McLaurin introduced a list of recommended projects to be funded for the next 5 years by the capital projects budget and the Real Estate Transfer Tax (RETT) fund. While the Council previously approved a $30.6 million 2000 budget as part of the 1999 biennial budgeting process, McLaurin's recommended list of projects for year 2000 includes several significant changes from the prior review. (Please see news released issued Sept. 3 for an itemized list). During discussion, Council reaction to the capital projects lists included the following: • a suggestion by Sybil[ Navas to place greater emphasis on developing an alternative • transit system (rather than spend significant dollars on bus replacement in the out -years) • support by Sybill Navas regarding monies budgeted for wayfinding (signs, gateways) implementation • mixed reviews by Councilmembers to house a community meeting room in the Bright Horizons space at City Market with several members suggesting greater interest in remodeling the library. In the end, at the suggestion of Sybill Navas, Councilmembers agreed to reserve additional comment until a comprehensive recommendation from the community facilities team is presented to Council on Sept. 21. • a preference by several Councilmembers to place other projects, such as expansion of the library, before construction of a median on South Frontage Road alongside the Village parking structure • a suggestion by Kevin Foley to create an annual vehicle replacement fund for buses as well as construction of bus shelters at all bus stops Council reaction to the RETT projects list included the following: • a suggestion by Kevin Foley to replace the Lionshead tot lot sooner than recommended as well as a permanent location for Vail's skate park. Also, Foley expressed his apprehension about potential park and/or community facilities projects in Donovan Park, given the current lawsuits against the town from the surrounding neighborhood. • a comment by Michael Arnett that the budget for Donovan Park master planning seemed too high • a suggestion by Michael Jewett to place the upper bench of Donovan Park into the protected open space status The Council is scheduled to consider the entire 2000 budget for first reading at its Sept. 21 evening meeting. Additional discussions regarding council contributions for various agencies (more) Add 51TOV Council Highlights/9-7-99 will occur at the Sept. 14 work session. --Creation of the Vail Local Marketing District The Council voted 6-0 on first reading to approve an ordinance laying the groundwork for voters to decide if it wishes to create a local marketing district, This, after Robert Fritch, Rod Slifer and Johannes Faessler, a petitioner's committee for owners of more than 50 percent of the assessed commercial property in Vail, petitioned the Council to request the election. If approved by voters on Nov. 2, the Local Marketing District would administer funds generated by a second ballot issue. creation of a $1.4 percent lodging tax which would be used to promote summer and non - peak tourism in Vail. During discussion, Councilman Michael Jewett praised the effort, noting that voters will have the final say in the matter, while former mayor Paul Johnston called the effort inappropriate and immoral, comparing it to taxation without representation. --Lodging Tax Resolution The Council then voted 6-0 to approve a resolution to submit the 1.4 percent lodging tax question to the Vail electorate on Nov. 2. --Newsrack Codification The Council voted 5-1 (Jewett against) on second reading to approve an ordinance that creates a mechanism for the uniform distribution of newsrack publications on public property in Vail Village and Lionshead. During public discussion, Michael Cacioppo urged Council to table the issue so the ordinance, primarily its cost -recovery fee structure, could be reworked. He said the ordinance, as it stands, violates the U.S. Constitution and deserves to be overturned by a citizen referendum. Lodge owner Bob Fritch offered support for the ordinance, saying it addresses a critical need. In voting against the ordinance, Councilman Michael Jewett said he had a hard • time with town government telling newspapers what to do. For more information on the ordinance, contact Tom Moorhead, town attorney, at 479-2107. --Public Accommodation Zone District Amendments After months of discussion and review, the Council voted 5-1 (Navas against) to approve first reading of an ordinance amending the Public Accommodation zone district. The ordinance codifies development standards that were approved through recent Special Development Districts and will impact 17 lodge properties, mostly in the Vail Village area. Proposed by Johannes Faessler of the Sonnenalp, the update development standards are intended to reduce an applicant's reliance on the Special Development District process, thereby eliminating uncertainties and last-minute negotiations. As discussed previously in the work session, the Council included a provision to require building step backs similar to the new Lionshead design guidelines for properties in the Public Accommodation Zone District. In voting against the ordinance, Sybill Navas said she was uncomfortable with the amendment to the urban design guide plan without additional public review. Also yesterday, Chuck Ogilby, a member of the Vail Tomorrow Affordable Housing Team, urged Council to table the ordinance until an inclusionary zoning policy is approved. For more information, contact Russell Forrest in the Community Development Department at 479-2146. --Development Standards Ordinance The Council voted 5-0 to approve first reading of an ordinance designating creation of a development standards handbook. The handbook is a user-friendly compilation of departmental standards used during review of new projects. During public discussion, Harry Gray, a contractor, described his frustration with conflicting policies and standards between the Design (more) 0 Add 6/TOV Council Highlights/9-7-99 • Review Board and town staff. The handbook resolves conflicts that have existed with staff interpretations, particularly with respect to road standards. All standards will undergo a thorough review next year, according to Russell Forrest, Community Development director. --Resolution Calling for a Special Election The Council voted 5-0 to approve a resolution acknowledging the Nov. 9 mid-term Council resignation of Rob Ford and calling for a special election concurrent with the Nov. 2 regular election to fill Ford's unexpired term. For details, contact Lorelei Donaldson, Vail town clerk, at 479-2136. UPCOMING DISCUSSION TOPICS September 14 Work Session PEC Report 2000 Budget Contributions September 21 Work Session Al Bosworth, 15 Year Employee Anniversary Elaine Turnbull, 10 Year Employee Anniversary Discussion of Housing Zone District Discussion of Employee Housing Unit Code Amendments Discussion of New Zone Maps DRB Report September 21 Evening Meeting First Reading, Town of Vail 2000 Budget First Reading, Housing Zone District Second Reading, Lodging Tax Ballot Question Second Reading, Development Standards Handbook Second Reading, PA Zone District Amendments Resolution, New Zone Maps Resolution, New Signators on Existing Account September 28 Work Session PEC Report Parking Study 0