HomeMy WebLinkAbout1999-10-19 Town Council MinutesVAIL TOWN COUNCIL - MINUTES
TUESDAY, October 19, 1999
7:00 P.M.
The regular meeting of the Vail Town Council was held in the Town Council Chambers on
Tuesday, October 19, 1999. The meeting was called to order at approximately 7:00 P.M.
COUNCIL MEMBERS PRESENT: Rob Ford, Mayor
Ludwig Kurz, Mayor Pro-Tem
Kevin Foley
Sybill Navas
Michael Jewett
Bob Armour
Mike Arnett
STAFF MEMBERS PRESENT: Pam Brandmeyer, Assistant Town Manager
Bob McLaurin, Town Manager
Tom Moorhead, Town Attorney
The first item on the agenda was Citizen Participation. There was no citizen's participation.
The second item on the agenda was the consent agenda:
A. Ordinance No. 26, Series of 1999, second reading of an
0 Ordinance, Third Amendment To The Town Of Vail Employees'
Pension Plan;
B. Ordinance No. 27, Series of 1999, second reading of an
Ordinance, Third Amendment To The Town Of Vail Police and
Fire Employees' Pension Plan;
C. Ordinance No. 29, Series of 1999, second reading of an
ordinance disconnecting those properties as outlined in the
exchange agreement between the Town of Vail and the United
States Forest Service as adopted and approved in Resolution
No.3, Series of 1997.
Council member Michael Arnett made a motion to approve the consent agenda, and Council
member Kevin Foley seconded the motion. A vote was taken and the motion passed
unanimously, 7-0.
The third item on the agenda was first reading of Ordinance No. 30, Series of 1999, an
Ordinance Authorizing the Conveyance of Fee Title to the Following Land Owned by the Town
of Vail and Located on Rockledge Road, More Fully Described as Follows:
That portion of Lots 2, 3A and 3B (Resubdivision of Lot 3, Block 7), 4, 7, 8A, 9A,
10A and10B (Resubdivision of Lot 10, Block 7), and 13B (Resubdivision of Lot 13,
Block 7), Block 7, Vail Village First Filing, hereinafter referred to as the "Original
I Vail Town Council Minutes October 19, 1999
Lots", lying South of the North Line of Lot 2 of the Raether Minor Subdivision
(formerly Government Lot 3), and North of the North boundary of Rockledge Road
and/or North of the North boundary of Tract A East of the East end of Rockledge
Road, hereinafter referred to as the "Purchased Property", which Original Lots and
Purchased Property are combined for each of said lots as Lots 2, 3A, 313, 4, 7, 8A,
9A, 10A, 10B and 13B, as described in the Final Plat of A Replat of a Portion of
Block 7, Vail Village First Filing, and Lot 2 of Raether Minor Subdivision, Section 7,
Township 5 South, Range 80 West, 6th Principal Meridian prepared by Thompson -
Langford Corporation and dated September 7, 1999, together with all interests of
the Town of Vail in all easements and other appurtenances associated with said
Purchased Property as shown on said Final Plat.
In addition, pursuant the Agreement Creating Restrictive Covenants, attached as Exhibit
B, the Town of Vail agrees to create restrictive covenants, which shall be covenants running
with the land, for the benefit of the owners of Lots 2, 3A, 3B, 4, 7, 8A, 9A, 10A, 10B and
13B, which Restrictive Covenants shall be on the following described real estate in the
Town of Vail, County of Eagle and State of Colorado, to wit:
Tract A, Final Plat of A Replat of a Portion of Block 7, Vail Village First Filing, and
Lot 2 of Raether Minor Subdivision, Section 7, Township 5 South, Range 80 West,
6th Principal Meridian prepared by Thompson -Langford Corporation and dated
September 7, 1999
(See attached Exhibit A - Final Plat of A Replat of a Portion of Block 7, Vail Village
First Filing, and Lot 2 of Raether Minor Subdivision, Section 7, Township 5 South,
Range 80 West, 6th Principal Meridian prepared by Thompson -Langford
Corporation and dated September 7, 1999.)
Tom Moorhead said his comments pertain to this ordinance (#30) and also to Ordinance #31,
Series of 1999, because both properties were acquired at the same time. In the early 1990s
the Vail Town Council directed staff to begin working with the Forest Service to address private
and public encroachments on Forest System lands and to identify ways to discourage private
exchanges around the Town of Vail. In 1994 the community completed the Vail
Comprehensive Open Space Plan which identified properties that should be considered for land
exchange. In June, 1995, the Town of Vail and the United States Forest Service signed and
agreement to initiate a land exchange. The land exchange involved three parcels of Town of
Vail land totaling 76 acres and 11 parcels of United States Forest Service land totaling 62.2
acres. Through surveys, both lands were deemed of like value. This exchange essentially
removed the Forest Service lands from within the Town of Vail by acquiring or de -annexing U.S.
Forest lands. The transfer of the property from the Town of Vail to the Forest Service was
approved in Ordinance No. 5, Series of 1997.
The Town has been negotiating in good faith with the residents on Rockledge Road to convey
land where residents now have encroachments and to create a buffer between Ptarmigan and
the forest on what was United States Forest Service lands and now are Town of Vail owned
lands. The value of this land has been calculated on a per square foot basis. There is the
potential to see a return of $1.4 million on the sale of properties on Rockledge Road. This
conveyance will also create an open space buffer between the Town of Vail and the Forest
2 Vail Town Council Minutes October 19, 1999
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Service land to the south of Rockledge Road. It is hoped that it will reduce the likelihood of
private exchanges of Forest Service lands in and around the Town of Vail. The Town continues
to maintain a strong posture in regard to opposing private land exchanges that could allow
additional development around the Town of Vail.
Russ Forrest, Community Development Director had also given Council additional information
on these transactions. There will also be four acres retained and be in an Open Lands trusts.
There have been technical changes to Ordinance #30 and #31 and each ordinance reflects the
total consideration. He said Diana Donovan, at the work session, asked about the transactions.
Tom said each transaction was done separate from each other. Trappers Run was a separate
transaction. This transaction needs to be evaluated on its own merits.
Mayor Rob Ford gave additional background information on why this transaction was being
done for clarification purposes. He said this has been reviewed many times by Council
Council member Kevin Foley asked how they came up with the price.
Tom Moorhead stated Paul Heffron, the Town of Vail's consultant, created a formula by which
each property owner could see how much they were paying per square foot.
Further discussion ensued.
Council member Mike Jewett said there has been a lot of discussion about lands that could be
divided and sold off as separate lots.
Russ said this was the reason why this process was done
Tom Moorhead said there has been issues against private exchanges and development on
lands on Vail mountain. He said the Council and the community oppose this type of exchange.
Russ said this is a Land Ownership Adjustment (LOA) process so that this wouldn't happen.
Tom said the Forest Service wanted easements across the land on Rockledge and the Forest
Service backed off so the buffer would be maintained.
Council member Mike Arnett made a motion to approve Ordinance No. 30, Series of 1999 on
first reading, with the condition that the 41h "Whereas" clause would be stricken from the
ordinance, and Council member Ludwig Kurz seconded the motion.
Council member Kevin Foley said he is voting against this ordinance because it is not in the
proper fiscal interest of the Town.
A vote was taken and the motion passed, 6-1, Council member Kevin Foley against.
3 Vail Town Council Minutes October 19, 1999
The fourth item on the agenda was first reading of Ordinance No, 31, Series of 1999, an
Ordinance Authorizing the Conveyance of Fee Title to the Following Land Owned by
the Town of Vail and Located on Ptarmigan Road, More Fully Described as Follows:
That portion of Lots 1-6, Block 5, Vail Village Seventh Filing, hereinafter referred to
as the "Original Lots", lying South of the North line of Government Lot 3, and North
of Ptarmigan Road, hereinafter referred to as the "Purchased Property", which
Original Lots and Purchased Property are combined as Lots 1, 2, 3 and 4, Block 2,
as described in the Final Plat of Replat of Lots 1-6 Block 5 of Vail Village Seventh
Filing; Replat of Lot 4 Vail Village Tenth Filing, and Government Lot 3, situated in
Sections 8 and 9, Township 5 South, Range 80 West, 6th Principal Meridian
prepared by Thompson -Langford Corporation and dated September 1, 1999; and
that portion of Government Lot 3 which is situated on the east lot line of Lot 4, Vail
Village Tenth Filing, (which lot is hereinafter referred to as the "Original Lot 4"), and
lying East of the West line of Government Lot 3, West of the East line of
Government Lot 4, and North of Corners 3 and 4 of Government Lot 3, containing
5,074.5 square feet more or less, which portion is hereinafter referred to as the
"Purchased Property", which Original Lot 4 and Purchased Property are combined
as Lot 4, Block 1, as described in the Final Plat of Replat of Lots 1-6 Block 5 of Vail
Village Seventh Filing; Replat of Lot 4 Vail Village Tenth Filing, and Government Lot
3, situated in Sections 8 and 9, Township 5 South, Range 80 West, 6th Principal
Meridian prepared by Thompson -Langford Corporation and dated September 1,
1999.
In addition, the Town of Vail will establish and transfer to the Eagle Valley Land Trust a
conservation easement, on the terms and conditions set forth in the Deed of Conservation
Easement, attached as Exhibit B, which Conservation Easement shall be on the following
described real estate in the Town of Vail, County of Eagle, and State of Colorado, to wit:
(1) (1) Tract "A", a portion of Government Lot 3, Section 8, Township 5 South, Range
80 West, 6th Principal Meridian, which contains 9,333 square feet; and
(2) Government Lot 4, Section 9, Township 5 South, Range 80 West, 6th Principal
Meridian which contains approximately 4.252 acres
(See attached Exhibit A - Final Plat of Replat of Lots 1-6 Block 5 of Vail Village Seventh
Filing; Replat of Lot 4 Vail Village Tenth Filing, and Government Lot 3, situated in Sections
8 and 9, Township 5 South, Range 80 West, 6th Principal Meridian prepared by Thompson -
Langford Corporation and dated September 1, 1999.) (15 mins.)
Tom Moorhead said In the early 1990s the Vail Town Council directed staff to begin working
with the Forest Service to address private and public encroachments on Forest System lands
and to identify ways to discourage private exchanges around the Town of Vail. In 1994 the
community completed the Vail Comprehensive Open Space Plan which identified properties
that should be considered for land exchange. In June, 1995, the Town of Vail and the United
States Forest Service signed and agreement to initiate a land exchange. The land exchange
involved three parcels of Town of Vail land totaling 76 acres and 11 parcels of United States
4 Vail Town Council Minutes October 19, 1999
Forest Service land totaling 62.2 acres. This exchange essentially removed the Forest Service
lands from within the Town of Vail by acquiring or de -annexing U.S. Forest lands. The transfer
of the property from the Town of Vail to the Forest Service was approved in Ordinance No, 5,
Series of 1997.
The Town has been negotiating in good faith with the residents on Ptarmigan Road to convey
land where residents now have encroachments and to create a buffer between Ptarmigan and
the forest on what was United States Forest Service lands and now are Town of Vail owned
lands. The value of this land has been calculated on a per square foot basis. The Town of Vail
will realize $1.2 million for the sale of property on Ptarmigan Road. It is hoped that it will reduce
the likelihood of private exchanges of Forest Service lands in and around the Town of Vail. The
Town continues to maintain a strong posture in regard to opposing private land exchanges that
could allow additional development around the Town of Vail.
Council member Bob Armour said he would recuse himself from this item due to a conflict of
interest.
Council member Kevin Foley said he is voting against this ordinance because it is not in the
proper fiscal interest of the Town. He is concerned that the Forest Service may reverse their
decisions to keep this forest service property in the future.
Council member Mike Arnett said he can see Kevin view point but since these issues were
done prior to this Council, he said this may be a potential danger of future Forest Service
negotiations.
Council member Sybill Navas said with regard to the appraised value, the town may have had
to pay a higher price.
Council member Mike Arnett made a motion to approve Ordinance No. 31, Series of 1999 on
first reading, and Council member Ludwig Kurz seconded the motion.
Council member Mike Jewett said he would vote in favor of the ordinance.
Council member Ludwig Kurz said the town is honoring an agreement to work with the Forest
Service and protect open space. He said just because the town is in a financial crunch, they
can't change their minds in mid -stream. He said he is in favor of the ordinance
A vote was taken and the motion passed, 5-1, Council member Kevin Foley voted against and
Council member Bob Armour recused himself from this item
The fifth item on the agenda was first reading of Ordinance No. 32, Series of 1999, an
Ordinance to Designate Five Properties in the Town of Vail as Open Space as per Section
13.11 of the Town of Vail Charter (see Exhibit A).
Mayor Rob Ford gave a background of the open space committee and reviewed that the
previous ordinance had failed to pass by a super majority vote before and the open space
committee has now come back and endorsed five parcels to be designated as open space.
40 5 Vail Town Council Minutes October 19, 1999
Russ Forrest, Community Development Director, said on April 3011, the Town of Vail Open
Space Board of Trustees met and unanimously approved a recommendation to the Town
Council to consider designating land in the Town of Vail as designated open space as per
Section 13.11 of the Town of Vail Charter, On May 25, 1999, the Town Council, at a regularly
scheduled work session, reviewed the proposed properties and a majority of the Town Council
directed staff to move forward with the designated open space process for the four properties
identified in Ordinance 16. One of the major reasons for initiating this process is to fulfill the
Town's commitment to place the portion of the Arosa-Garmisch property that will be used for a
park in the designated open space status. On July 6th the Town Council voted 5-2 on
Ordinance 16, which failed because a super majority is required (6-7) to approve a designation.
On October 7" the Open Space Committee held a public hearing and received community
input on other lands that should be considered. At that meeting, the Committee unanimously
decided to add 2900 Manns Ranch Road to the 4 properties the committee would recommend
for inclusion into the designated opens space status at this time. The ArosalGarmisch property
which is planned for a park; Buffehr Creek Park, 2900 Manns Ranch Road (Booth Creek Park),
a riparian area in Booth Creek, and an unplatted parcel south of Main Gore Drive, east of the
water tank. Each land is critical as a natural area, or open space.
Council member Mike Arnett made a motion to approve Ordinance No. 32, Series of 1999 on
first reading, and Council member Bob Armour seconded the motion.
Council member Mike Jewett thanked the committee for their hard work and for having a public
meeting. He said there is a list of people who want to be contacted for other public meetings
and would like to have proper notice of upcoming meetings.
Council member Sybill Navas thanked Mike Jewett for his comments. She said this is a new
process and there was not a lot of formality and out of the public meeting there was more
clarification of open space. She said this is not end of the line for additional properties in Vail to
be designated open space. The committee will meet two to three times a year and they will
continue to look at other properties.
Council member Kevin Foley said he now understands the process better after attending the
public meeting.
Council member Bob Armour thanked everyone on the Open Space Committee and thanked
them as a West Vail neighbor for the open space designation on the Arosa/Garmisch property.
A vote was taken and the motion passed unanimously, 7-0.
The sixth item on the agenda was second reading of Ordinance No. 25, Series of 1999, second
reading of an Annual Appropriation Ordinance: Adopting A Budget And Financial Plan And
Making Appropriations To Pay The Costs, Expenses, And Liabilities Of The Town Of Vail,
Colorado, For Its Fiscal Year January 1, 2000, Through December 31, 2000.
Mayor Rob Ford said there were some changes to this ordinance from the first reading on the
general fund by $100,000.
to6 Vail Town Council Minutes October 19, 1999
Steve Thompson, Finance Director, stated there was only one change to the general fund
which was $100,000.
Council member Sybill Navas made a motion to approve Ordinance No. 25, Series of 1999 on
second reading, and Council member Ludwig Kurz seconded the motion.
Council member Bob Armour stated the lodging initiative was imperative and requested they
change the motion.
Council member Sybill Navas amended the motion to change the amount of the general fund to
$75,000, so $25,000 would be designated for the lodging quality initiative.
Council member Mike Jewett said he cannot support the motion as stated. He didn't think the
tax dollars are needed for the lodging tax.
Council member Kevin Foley said he voted against this at the first reading and still can't support
it now.
Council member Mike Arnett said they are at a critical stage and there is real negative
perception of getting value in Vail. He said the money is not for monitoring the quality of the
lodges but a one-time grant to get this program up and running and the money will be very well
spent as is our money to the Vail Valley Foundation, the arts and other events in town.
Council member Ludwig Kurz said this is a time in the history of Vail where we have to change
40 the economic viability and it is critical in Vail. This is one of the most critical areas and we have
an obligation to do so with this one time expenditure. The town is not controlling or heavy
handed, we are simply making an investment to the community and our inadequate bed base.
Council member Kevin Foley said if this was extremely important to the lodging community they
would have had more support.
A vote was taken and the motion passed 5-2, Council member Kevin Foley and Mike Jewett
against.
The seventh item on the agenda was second reading of Ordinance No. 28, Series of 1999,
second reading of an Ordinance Making Supplemental Appropriations and Budget Adjustments
From The Town Of Vail General Fund, Dispatch Services Fund, Parking Structure Fund,
Housing Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Facilities Maintenance
Fund Of The 1999 Budget And The Financial Plan For The Town Of Vail, Colorado; And
Authorizing The Expenditures Of Said Appropriations As Set Forth Herein; And Setting Forth
Details In Regard Thereto.
Mayor Rob said this is in conjunction with the previous ordinance.
Steve Thompson, Finance Director, stated this is the second supplemental appropriation for
1999. The majority of these proposed supplementals were presented with the second quarter
financial report and this was discussed with Council at the August 24, 1999 work session. He
7 Vail Town Council Minutes October 19, 1999
said the items that have been changed from the last meeting are shaded. There is a net
reduction in the total budgeted expenditures due to the reduction of $1.9 million in capital
projects. The staff is trying to get all the supplementals in with this Council because they
approved the bi-annual budget. There were additional revenues and grants from the first
reading of this ordinance.
Council member Ludwig Kurz made a motion to approve Ordinance No. 28, Series of 1999 on
second reading, and Council member Mike Arnett seconded the motion. A vote was taken and
the motion passed unanimously, 7-0.
The eighth item on the agenda was Resolution No. 14, Series of 1999, a Resolution Approving
The Law Enforcement Assistance Fund (Leaf ) Contract # L-22-00.
Tom Moorhead said this resolution is to approve a contract with the LEAF, with $21,000 to the
Town of Vail; $19,000 will be utilized for overtime and $2,000 for equipment.
Council member Bob Armour asked if this is the second year in a row for this contract.
Tom Moorhead said yes it is, the state funds were cut but the Town of Vail was given a contract
for a second year. The contract shall begin on January 1, 2000 and shall terminate on
December 31, 2000.
Council member Bob Armour made a motion to adopt Resolution No. 14, Series of 1999 with
40 change to Resolution to change the # sign to a dollar sign, and Council member Mike Arnett
seconded the motion. A vote was taken and the motion passed unanimously, 7-0.
The ninth item on the agenda was the Town Manager's Report.
Bob McLaurin, Town Manager, said the Bright Horizons lease agreement is for the
maintenance costs for the space for the next ten years
Council member Mike Jewett said this was round one of the negotiations and we are getting
there, but he wants a longer lease.
Bob McLaurin asked the Council for direction on how he should proceed with the negotiations.
Council member Mike Arnett said if the improvements were to be picked up and taken out of
space, he would be agreeable to the ten-year lease.
Mayor Rob Ford said he wanted Council support to move forward on this item.
Bob McLaurin stated John Caldwell, the owner's representative, is not willing to extend the term
of the lease at this time since they have already given five years of free lease space already.
From their perspective, ten years is a reasonable time frame.
Council member Mike Jewett said ten years will go very quickly and they want something done
with it. He said the town is in a better position today to negotiate a longer term of the lease.
Vail Town Council Minutes October 19, 1999
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Bob reminded the Council that this was not the first round of negotiations, this is the third or
fourth round. He said this is reasonable time frame but he will try to get more.
Council member Bob Armour asked when would the town have to sign the lease. What would
happen if, through the community facilities process, the use changes.
Bob said there was $250,000 in the budget for improvements, but can't see how they could
spend that much money for the space. However, if they improved the space and if the use is
changed, they could have John Caldwell look at it again.
Further discussion ensued.
Mayor Rob Ford wanted a show of hands to see support on moving forward with this process.
Everyone except Council members Mike Jewett and Bob Armour raised their hands. Council
member Mike Jewett said the town is still in a better position to negotiate right now.
Council member Bob Armour said he is passing around pictures of the West Vail fire for Council
to review.
As there was no further business, a motion was made by Council member Bob Armour to
adjourn the meeting and Council member Mike Arnett seconded the motion. A vote was taken
and the motion passed unanimously, 7-0.
The meeting was adjourned at 8:00 p.m.
A T
L64,ei Ponaldson,,,��1
Town Clerk �a*3 LF A
7
Respectf ly ubmitt
Rob Ford
Mayor
Vail Town Council Minutes October 19, 1999
WORK SESSION MINUTES
• Tuesday, October 19, 1999
2:00 P.M.
Town of Vail Council Chambers
What follows will reflect motions and actions taken by the Vail Town Council at their regular
work session on October 9, 1999. All members were present.
Item No. 9, Other. Michael Arnett brought up the issue of the Lodging Quality Initiative request
for funding in the $105,000 range. He recognized that although he had been absent from this
meeting that he still felt very strongly this Lodging Initiative was something the Council should
reconsider funding in a shared way with the lodging community. Upon further discussion, Sybill
Navas made a motion, with a second from Michael Arnett, to approve up to $100,000 for the
year 2000 Lodging Quality Initiative. A vote was taken and the motion passed 4-3, with Mike
Jewett, Kevin Foley and Michael Arnett in opposition. Michael Arnett stated he was in
opposition only because he had not asked to request the full amount, but his request was more in
line with a 50150 share with the lodging community. In later action at the evening meeting, the
amount was lowered to $75,000, on a 5-2 vote (Jewett and Foley opposed).
. In a separate action, Bob Armour discussed the naming of the park at the intersection of
Arosa/Garmisch in West Vail. Having spoken to the family of Lyndon Ellefson, and in order to
defer to the wishes of the family, Michael Arnett moved, with a second from Bob Armour, to
approve naming the park simply Ellefson Park. A vote was taken and the motion passed
unanimously, 7-0.
In yet another unrelated item, Sybill Navas stated that she had to leave last week's work session
so she was unable to discuss with Council purchasing properties within the Town of Vail where
the price per bedroom would cost $100,000 or less to house seasonal Town of Vail employees.
Nina Timm presented a possible housing site at Vail das Shone that had been listed for $235,000.
The three bedroom unit was available immediately and was in a desirable location, due to the
commercial aspect of the neighborhood. Sybill moved, with a second from Bob Armour, to
direct staff to negotiate the purchase of this property. A vote was taken and the motion passed
unanimously, 7-0.
PABIaw
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Vail, Colorado 81657
970-479-2100
FAX 970-479-2157
MEDIA ADVISORY
October 20, 1999
Contact: Suzanne Silverthorn, 479-2115
Community Information Officer
VAIL TOWN COUNCIL_ HIGHLIGHTS FOR OCTOBER 19
Work Session Briefs
Council members present: Armour, Arnett, Foley, Ford, Jewett, Kurz, Navas
--20 Year Employee Anniversaries
The Council recognized Donald Gallegos and Mike Rose for 20 years of service to the town.
Gallegos is a heavy equipment operator II in the Public Works Department, while Rose serves
as the department's transit/parking manager. Each received $2,000 in recognition of their
contributions to the town.
--Supplemental Appropriation
In preparation for the evening meeting, the Council reviewed an ordinance authorizing a
supplemental adjustment to the 1999 budget. It was later unanimously approved on second
reading. For details, see evening meeting briefs or contact Finance Director Steve Thompson at
479-2116.
--Proposed revisions to Town of Vail Employee Housing Guidelines
As a follow up to a discussion on Oct. 5, the Council reviewed proposed revisions to the Town of
Vail Employee Housing Guidelines, including possible income/asset caps. After reviewing
applicable guidelines from Aspen, Telluride and the Eagle County Down Payment Assistance
Program, the Council added a provision to Vail's program requiring future applicants to verify
that over 75% of their income is derived from working at an Eagle County business. The new
requirement is intended to prevent wealthy individuals or "trust-funders" from participating in the
purchase of deed -restricted housing. Also yesterday, the Council added a provision that gives
applicants 1 to 1 credit for past residency status when those applicants experience a break in
concurrent residency. Prior to the revisions, applicants were given no credit for previous
residency status if there was a break in concurrence. In addition to the two revisions approved
yesterday, the Council clarified 8 other guidelines at its Oct. 5 meeting, including creation of an
annual lottery to create a re -sale reserve list. All new housing product will continue to have its
own lottery. For a copy of the revised guidelines, contact Nina Timm, Vail Housing Coordinator,
at 479-2144.
--Discussion of Sale of Rockledge Road and Ptarmigan Road Properties
In preparation for the evening meeting, the Council reviewed a pair of ordinances that address
private encroachments on town -owned properties along Rockledge and Ptarmigan roads. Tom
Steinberg, a former councilmember and president of the Eagle Valley Land Trust, who helped
initiate the action, spoke in favor of the ordinance, while council candidate Diana Donovan
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Add 1/TOV Council Highlights/10-19-99
agreed the result will be great; however, Donovan expressed disappointment with a provision
that allows property owners to receive GRFA credit as a result. Donovan also urged the Council
to create a paperwork trail so as not to jeopardize the Real Estate Transfer Tax ordinance. Also
yesterday, Art Abplanalp, representing 7 Rockledge Road property owners, asked that technical
changes be made in the legal descriptions of the properties. For additional details, see evening
meeting briefs and attached memo.
--Open Space Board of Trustees Recommendation
In preparation for the evening meeting, the Council reviewed a revised recommendation of
designated open space properties forwarded to the Council by the 3-member Open Space
Board of Trustees. The board is comprised of Sybill Navas from the Town Council, Galen
Aasland from the Planning and Environmental Commission and Town Manager Bob McLaurin.
See evening meeting briefs for details.
--Information Update
There were two announcements: 1) Councilmembers, as well as Town of Vail employees must
attend a customer service training session to meet eligibility requirements for the $599 merchant
ski pass; 2) the recreation path lights near Red Sandstone School will experience power
outages for the next few weeks as Holy Cross Energy finishes a system upgrade.
--Council Reports
Kevin Foley praised the accomplishments of the Alpine Gardens expansion in Ford Park
following a recent visit, saying the town's financial support had been well spent. He said the
gardens, with a new 30 ft. tall waterfall, will become the "crown jewel" of the park.
Ludwig Kurz, who represents the Council on the Board of Directors of Vail Valley Community 09
Television Channel 5, said the board would be sending a written thank you for Council's
approval of a $2,500 equipment grant. In addition, Kurz said the station was preparing to launch
two initiatives. One is a 30-minute television program aimed at introducing the area to seasonal
employees; the other is a similar program offered in Spanish.
Sybill Navas, who represents the Council on the Art In Public Places (AIPP) Board, reported on
a recent meeting of AIPP in which plans were discussed for: 1) relocating the Sister Cities skier
sculpture to Golden Peak; 2) installing pavers to the 10th Mountain Division soldier in Slifer
Plaza; 3) adding a Christmas tree with lights to the amphitheater at Seibert Circle during the
winter; and 4) requesting permission of the Town Council to transfer unspent project dollars into
the 2000 budget (request was approved). Navas also noted the Seibert Circle project has been
presented with a design award by the state chapter of the American Society of Landscape
Architects.
Bob Armour represented the town at the 23rd Annual Ski Hall of Fame induction ceremony over
the weekend. He said the event was well -organized and well -attended. He thanked Margie
Plath of the Colorado Ski Museum for coordinating the event.
In preparation for a meeting this week of the Vail Valley Tourism & Convention Bureau (VVTCB)
Board of Directors, Michael Arnett, who represents the Council on the board, asked for Council
feedback on two agenda items (marketing district campaign and future of VVTCB as a marketing
organization). Although there was no feedback on the items listed above, Councilmembers
reviewed a 2-2 vote occurring at the Oct. 21 meeting in which a $105,984 FY 2000 funding
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All 21TOV Council Highlights/10-19-99
request for the Lodging Quality Initiative was defeated. Arnett said he was interested in
resurrecting town funding at a reduced level, with the private sector increasing its financial
support. Sybill Navas agreed with Arnett's suggestion to revisit the proposal, saying the initiative
was critical to Vail's future viability, while Michael Jewett and Kevin Foley expressed opposition,
questioning the appropriateness of public funding. Ludwig Kurz expressed support for the
program, noting the funding would be a one-time contribution and would not involve government
policing of private properties. Sybill Navas then moved to amend the FY 2000 budget to include
a $100,000 contribution to the Lodging Quality Initiative. The motion passed on a 4-3 vote with
Foley, Jewett and Arnett voting against. Please note: the funding amount was amended to
$75,000 at the evening meeting on a 5-2 vote (Foley, Jewett against).
--Other
Michael Arnett noted his attendance at Monday's candidate forum.
Bob Armour thanked the staff for its follow-up in declining a public art proposal offered by an
artist from France. After hearing positive feedback from community members, Armour
suggested viewing a program now airing on Channel 5 featuring Frank Maguire who spoke
recently to the Rotary Club about leadership, passion and vision.
Following an update from Bob Armour regarding discussions with the Tashina Ellefson family,
the Council voted 7-0 to name the new Arosa-Garmisch neighborhood park in West Vail in honor
of Tashina's husband, Lyndon, an ultra -marathon runner who died tragically last summer while
training in Italy. Many residents of the neighborhood had suggested naming the new park in
Ellefson's memory. Armour said the family has given permission to name the park "Ellefson
Park." Ground breaking for the park is scheduled to occur this fall. The Ellefson family
continues to live in the West Vail neighborhood.
Sybill Navas inquired about the status of an automatic forwarding system for Council voice mail.
The Council's collective voice mail messages are currently being forwarded manually due to lack
of an additional U S West switch. A system upgrade is planned after the first of the year. Navas
also inquired about the status of a project to connect the Bald Mountain Road recreation path
with a nearby bus stop.
Also yesterday, at the suggestion of Sybill Navas, the Council voted 7-0 to direct Housing
Coordinator Nina Timm to explore the purchase of additional condominium units to be used to
house seasonal Town of Vail employees for the winter with the possibility of offering the units to
qualified buyers in the spring. Given the high cost of construction, Navas says it makes sense to
consider the purchase of existing housing stock in the price range of $100,000 per bedroom or
below.
Ludwig Kurz suggested removal of the Ford Park $5 event parking signs as the town prepares
for the transition to the winter ski season in which parking at Ford Park will again be free.
Kevin Foley noted the Ford Park soccer fields have been re -sodded by the Vail Recreation
District following use during WestFest. Foley also inquired about a condition of approval by the
Design Review Board for the Dobson Ice Arena locker room expansion regarding the relocation
of trees. He also suggested the town consider a health insurance option for returning seasonal
employees as an incentive for recruitment and retention. in addition, Foley inquired about the
status of the Lionsridge Loop street reconstruction project (nearly finished) and the Manor Vail
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Bridge project (abutment and footings work will take place this week). Also, Foley expressed his
disappointment that benches in Lionshead had already been picked up and stored for the winter 40
despite continued warm temperatures. Additional observations by Foley included: appreciation
for the installation of safety fencing along the recreational path at the West Vail roundabouts and
the new sidewalk in front of the Vail Athletic Club; and notification that lights in the Lionshead
pedestrian area haven't been working at night.
Michael Jewett echoed Foley's interest in researching the possibility of offering health insurance
to seasonal workers. Town Manager Bob McLaurin said the topic was being reviewed as part of
an overall insurance plan for town employees.
Next, at the suggestion of Ludwig Kurz, the Council reviewed the Town Manager's Report which
contained an update on Bob McLaurin's negotiations with City Market for use of the former
Bright Horizons space to relocate the Library community room. While City Market has agreed to
a 10-year lease which would cost the town approximately $100,000 annually for the cost of
maintenance and utilities, Michael Jewett said he'd prefer the town negotiate a longer term
lease. At the evening meeting, the Council directed McLaurin to continue those negotiations.
Evening Session Briefs
Council members present: Armour, Arnett, Foley, Ford, Jewett, Kurz, Navas
--Citizen Participation
There was no citizen participation
--Consent Agenda
The Council voted 7-0 to approve the consent agenda which included second reading of two so
housekeeping pension amendment ordinances and second reading of an ordinance de -
annexing six federally -owned parcels from the Town of Vail boundaries as part of the land
ownership adjustment agreement signed in 1997 between the town and the U.S. Forest Service.
--Sale of Rockledge Road Parcel
The Council voted 6-1 (Foley against) on first reading to approve an ordinance authorizing the
town manager to enter into a contract to convey 21,200 sq. ft. of Town of Vail land acquired from
the U.S. Forest Service in the 1997 Land Ownership Adjustment Agreement to property owners
on Rockledge Road where there are now private improvements, such as landscaped front yards,
on the land. Town Attorney Tom Moorhead said there is the potential for the town to see a return
of $1.4 million on the sale of the Rockledge Road properties. Under the terms of the sale, no
improvements can be constructed on the property, although homeowners will benefit through an
increased lot size which would net slight increases in allowable square footage and site
coverage. Also, land on the south side of Rockledge Road will be retained by the town with a
deed restriction to provide a buffer between the road and U.S. Forest Service lands. During
discussion, Moorhead advised the Council to consider the sale as an independent action with no
ties to previous land exchange actions, including the town's 1995 purchase of the Trapper's Run
property for $2.5 million, which was eventually traded to the Forest Service as part of the Land
Ownership Adjustment Agreement. Once approved on second reading, the Rockledge Road
properties will be replatted as larger lots and rezoned as Primary/Secondary. For more
information, see attached memo or contact Community Development Director Russell Forrest at
479-2146.
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Add 41TOV Council Highlights110-19-99
--Sale of Ptarmigan Road Parcel
The Council voted 5-1 (Foley against and Armour recusing himself) to approve first reading of a
second ordinance authorizing the town manager to enter into a contract to convey 39,935 sq. ft.
of Town of Vail land acquired from the U.S. Forest Service in the 1997 Land Ownership
Adjustment Agreement to property owners on Ptarmigan Road where there are now private
encroachments on public property. This transaction has a potential return to the town of
approximately $1.2 million. The terms of this sale also forbid property owners to make
improvements to the property, although homeowners will benefit through an increased lot size.
In addition, the town would convey development rights of 4.3 acres of undeveloped land on the
south side of Ptarmigan Road to the Eagle Valley Land Trust and would be compensated for the.
full value of the land based on an appraisal. This transaction would preserve the land as open
space in perpetuity and would enable the town to retain ownership of the 4.3 acres. In voting
against the sale as he did with the Rockledge Road property, Kevin Foley criticized the action,
saying the town wasn't getting enough money for the parcels. In response, Sybill Navas said
the appraisal was based on an open space valuation, not as developable property. Ludwig Kurz
agreed, saying the town was honoring an agreement it made to work with the Forest Service in a
straight -forward and honest manner in an effort to protect open space. Also, Michael Jewett
reminded Councilmembers it was never the town's intent to allow lands acquired through the
Land Ownership Adjustment Agreement to be developed. Bob Armour had recused himself
from the discussion, noting that one of his ski school clients was involved in the proposed
purchase. For more information, contact Community Development Director Russell Forrest at
479-2146.
--Designation of Open Space Parcels
The Council voted 7-0 on first reading to place 5 parcels totaling 14.71 acres into the town's
designated open space classification for protection in perpetuity unless voters determine
otherwise. Those properties, as recommended in the voter -approved Open Space Board of
Trustees process, include: the yet -to -be -constructed Arosa-Garmisch neighborhood park (2.66
acres); a portion of Buffehr Creek Park (1.1 acres); a riparian area along the Booth Creek
stream tract (3.89 acres); an unplatted parcel south of Main Gore Drive in East Vail (4 acres);
and Booth Creek Park (3.06 acres). Yesterday's first reading approval followed defeat of a
similar proposal on a 5-2 vote at Council's July 6 meeting (a super majority vote of 6 or more is
needed to pass). At the time, Councilmembers Michael Jewett and Kevin Foley had voted
against the measure, suggesting the 3-member Open Space Board of Trustees be reconvened
to review its recommendations with the public. That meeting occurred Oct. 7 and resulted in the
addition of the Booth Creek Park property to the list, as well as an explanation of the process
and criteria to the public. In voting to support the revised recommendation from the Open Space
Board, Michael Jewett and Kevin Foley expressed their appreciation for revisiting the process.
Sybill Navas, the Council's representative to the board, agreed the Oct. 7 review was beneficial
to those who attended the session as it helped to clarify misunderstandings. In the future, she
said the Board of Trustees recommendation process will include a public meeting on the front
end, which had been an oversight earlier in the year. She then reminded the community the
open space designation is an ongoing process in which properties are continually assessed to
determine if they meet the designation criteria. Since 1995 when voters overwhelmingly
amended the Town Charter to require a vote of the people before certain designated parcels of
open space can be sold or significantly changed, 14 town -owned parcels totaling 382 acres
have been placed into the open space designation. The most notable parcels include Bighorn
Park, Katsos Ranch Park and the stream tract in Vail Village. For more information, contact
Russell Forrest, Community Development Director, at 479-2146.
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--2000 Budget
The Council voted 5-2 (Foley, Jewett against) to approve second reading of the 2000 Town of
Vail budget which was amended to include a $75,000 contribution to assist in the funding of the
Lodging Quality Initiative. The Council had previously defeated a motion to fund the initiative at
the $105,984 level in 2000 on a 2-2 vote at its Sept. 21 work session. But in resurrecting the
issue, Sybill Navas said she felt it was critical to move the initiative forward in 2000. The Council
previously authorized $19,064 from 1999 funding to help with the start-up. In voting against the
measure, both Foley and Jewett said they couldn't support use of tax dollars for what appeared
to them to be a private sector initiative. Jewett also characterized the program as heavy-
handed. But in offering support for Navas' interest in reconsidering the funding request, Michael
Arnett said it was important for the town to be involved in a one-time grant to get the program up
and running to ensure guests know what they're buying when they book a room. He said the
town's funding could be justified in the same manner as its contributions to the Vail Valley
Foundation and the Bravo Colorado Music Festival. Similarly, Ludwig Kurz said Vail must make
funding commitments that are directly related to the resort's economic viability. He said the
lodging quality issue is as critical as the employee shortage and employee housing problems.
Kurz also emphasized the town, by contributing to the funding, would not have direct
involvement in administration of the program. Yesterday's 5-2 approval of the Town of Vail
budget for 2000 calls for collecting and spending $34.3 million. The budget includes a 5 percent
projected increase in sales tax collections over 1999 as well as $500,000 in expense cuts due to
elimination of 9.6 full time equivalent positions. For more information, contact Finance Director
Steve Thompson at 479-2116.
--Supplemental Appropriation
The Council voted 7-0 to approve second reading of a supplemental appropriation to the 1999
budget, which reduces the overall budget by $43,781 due to the reduction of $1.9 million in 00
capital projects as a result of slow revenue growth. For more information, contact Finance
Director Steve Thompson at 479-2116.
--Resolution Approving the Law Enforcement Assistance Fund (Leaf) Contract
In a housekeeping measure, the Council voted 7-0 to approve a resolution authorizing the town
manager to enter into a contract with the Colorado Department of Transportation to receive a
$21,0000 grant for enforcement of laws pertaining to driving under the influence of alcohol or
drugs.
--Town Manager's Report
In a discussion that began during the work session regarding the former Bright Horizons space
at City Market, Councilmembers directed the town manager to continue negotiations for the
space. See work session briefs for additional information, or contact Bob McLaurin at 479-2105.
UPCOMING DISCUSSION TOPICS
October 26 Work Session
PPC/DRB Report
Discussion on 2 Year Budget Process
November 2 Work Session November 2 Evening Meeting
TBD Second Reading, Ordinance 31, re: Ptarmigan Rd.
Second Reading, Ordinance 30, re: Rockledge Rd.
Second Reading, Ordinance 32, re: Open Space