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
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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
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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
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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
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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
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• 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
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