HomeMy WebLinkAbout1999-10-05 Town Council MinutesVAIL TOWN COUNCIL - MINUTES
TUESDAY, October 5, 1999
7:00 P.M.
The regular meeting of the Vail Town Council was held in the Town Council Chambers
on Tuesday, October 5, 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
STAFF MEMBERS ABSENT: Bob McLaurin, Town Manager
Tom Moorhead, Town Attorney
The first item on the agenda was Citizen Participation. There was no citizen
participation.
The second item on the agenda was the consent agenda:
A. Approve the Minutes from the September 7 and 21, 1999 meetings.
B. Appointment of the Election Judges.
Council member Bob Armour made a motion to approve the consent agenda approving
the minutes from the September 7 and 21, 1999 meetings; and appointing Karen Morter,
Vi Brown, Jeanne Tilkemeier and Mary Jo Allen as election judges for the 1999 Regular
Municipal Election for the Town of Vail. Council member Michael Arnett seconded the
motion. A vote was taken and the motion passed unanimously, 7-0.
The third item on the agenda was the review of the Youth Recognition Award Winners'
trip to Australia.
Council member Sybil[ Navas introduced Jared Staber and Emily Sargent who were the
local students that were sent to Australia.
Jared Staber said they had "tons of fun" in Australia. He stated the experience was a
great opportunity for him. He stayed with a host family, which added tremendously to
the experience. He worked at Mount Buller on the mountain as a ski instructor and also
worked in a retail business. Since he had not worked in these areas in the Vail Valley,
he believes this opportunity has opened up options here for him. Emily stayed with a
host family that was farther away from the mountain and worked for the local
government. Her family was great and their daughter Sara came to Vail. They both
were able to visit several sites in Victoria and a number of wild animals. The experience
was definitely a good one and it forced them to be more independent and they were able
Town of Vail Council Minutes October 5, 1999
to meet lots of new people. They thanked the Council for allowing them participate in
the exchange program.
Mayor Rob Ford asked them if they wanted to go back to Australia again.
Jared said they were already planning a trip back.
Mayor Rob Ford thanked them for the update.
The fourth item on the agenda was first reading of Ordinance No. 25, Series of 1999, 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.
Steve Thompson, Finance Director, gave a quick background review. He stated this is a
modification to the approved bi-annual budget. The amendments are to the budget
numbers on the approved 2000 budget the Council approved in 1999. The annual
budget needs to be adopted each year and these are amendments to this budget.
Mayor Rob Ford said they have had several opportunities to amend and review this
document to date.
Council member Ludwig Kurz made a motion to approve on first reading, Ordinance No.
25, Series of 1999, and Council member Bob Armour seconded the motion.
Council member Kevin Foley said staff needed to be more proactive, and cut out dollars
department by department, and be more precise. He was concerned about salaries and
benefits.
Council member Bob Armour asked if expenditures were reduced in salary and benefits.
Steve said that nine and one-half positions were deleted and there was $600,000 cut out
of the budget.
Council member Mike Arnett said the approval of this ordinance doesn't mean they can't
cut out other expenditures in the future.
Steve said there are still actions taking place to reduce the budget numbers, including
insurance numbers.
Council member Sybill Navas said Kevin was concerned with the budget and this issue
last year. She stated her concern is that they need to look carefully at the budget
because the next few years budgets and balancing them will be a concern.
Steve said this process is in place now and the staff would continue to look closely at
costs. He stated there are still reorganizations and shifting being done throughout the
town. He said the staff would be back in front of the Council in December to discuss the
mill levy and property taxes.
0 A vote was taken and the motion passed, 6-1, Council member Kevin Foley against.
Town of Vail Council Minutes October 5, I999
The fifth item on the agenda was first reading of Ordinance No. 26, Series of 1999, an
Ordinance, Third Amendment To The Town Of Vail Employees' Pension Plan.
Steve Thompson, Finance Director, stated the amendments to the pension plan are
necessary to adopt changes to the tax law and to amend the plans for the change to
daily valuation of participant's assets in 1999. This amendment changes the language to
accommodate the changes as mandated by law.
Council member Bob Armour made a motion to approve on first reading, Ordinance No.
26, Series of 1999, and Council member Michael Arnett seconded the motion. A vote
was taken and the motion passed unanimously, 7-0.
The sixth item on the agenda was first reading of Ordinance No. 27, Series of 1999, an
Ordinance, Third Amendment To The Town Of Vail Police And Fire Employees' Pension
Plan.
Steve Thompson, Finance Director, said the amendments to the pension plan are
necessary to adopt changes to the tax law and to amend the plans for the change to
daily valuation of participant's assets in 1999.
Council member Bob Armour made a motion to approve on first reading, Ordinance No.
27, Series of 1999, and Council member Michael Arnett seconded the motion. A vote
was taken and the motion passed unanimously, 7-0.
The seventh item on the agenda was first reading of Ordinance No. 28, Series of 1999,
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.
Steve Thompson, Finance Director, said this is the second supplemental appropriation
for 1999. He stated the majority of the proposed supplemental appropriations were
presented with the second quarter financial report and discussed with the Council at the
August 24, 1999 work session. He said the shaded line items were added since the last
meeting. He also said there is a net reduction in total budgeted expenditures due to the
reduction of $1.9 million in capital projects. The staff is adjusting the amount of
expenditures out of the capital fund, due to the revenues brought in this year and the
only addition is reducing building revenues in the amount of $150,000.
Council member Bob Armour asked for clarification of the reduction.
Council member Kevin Foley was concerned about the overtime for special events for
Police Dept and Public Works. He said he wants more budgeting and preparation done
before hand to cut down these costs.
Council member Sybill said there was a 'wrap-up' meeting for WestFest and stated there
could be significant reductions in cost for preparations in the years to come because of
the efforts made this year.
Town of Vail Council Minutes October 5, 1999
Pam Brandmeyer, Assistant Town Manager, stated the town could handle the overtime
through salary savings and that the police department and the public works departments
said they could reduce overtime by 50-60% next year by preparing staff to work on
straight time.
Further discussion ensued.
Council member Bob Armour made a motion to approve on first reading, Ordinance No.
28, Series of 1999, and Council member Michael Arnett seconded the motion. A vote
was taken and the motion passed unanimously, 7-0.
The eighth item on the agenda was first reading of Ordinance No. 29, Series of 1999,
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.
Russ Forrest said this ordinance was instituted to fulfill a contract with the Forest
Service. He stated that in February of 1997, the Town of Vail entered into an agreement
with the United States Forest Service to exchange certain properties in and around the
town. Part of the agreement required the Town of Vail to de -annex these properties to
fulfill the terms of the Exchange Agreement.
Council member Bob Armour made a motion to approve on first reading, Ordinance No.
29, Series of 1999, and Council member Michael Arnett seconded the motion. A vote
was taken and the motion passed unanimously, 7-0.
The ninth Item on the agenda was second 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 stated discussion and this process has been on -going for several
months.
George Ruther, Senior Planner, stated on Monday, June 28, 1999, the Town of Vail
Planning & Environmental Commission reviewed and unanimously recommended
approval of the proposed text amendments to the Town of Vail Zoning Regulations,
pursuant to Chapter 3, Section 12 of the Town Code. George said there were several
changes made to the ordinance per the discussions with Town Council. He discussed
each of the changes with the Council. He also reiterated the applicant has been to
fourteen meetings throughout this process.
Mayor Rob Ford asked if the concerns of the East Village Home Owners Association
have been addressed.
George stated the concerns had been addressed.
Town of Vail Council Minutes October 5, 1999
Diana Donovan, a local resident, said this project may have been in the process for a
long time but the discussions took place mostly at work sessions and said the work
sessions were not a public venue. She said this was a ridiculous proposal and that no
one on the Council returned her phone calls. She said Mr. Faessler always does a good
job but this does not guarantee it will be good quality in 10 years. She stated this
ordinance was not fair to other developments. She stated she thought this was a
rezoning and not an amendment. Her concern is that the Special Development District
(SDD) process is still in place but it isn't being used. She was on the Planning and
Environmental Commission (PEC) for 14 years and felt the current SDD process
worked. She said the Council is taking away most of the bargaining chips with this
amendment. She feels staff is not working with the SDD process appropriately, and it is
not a part of their job to rework the regulations to help an applicant. She said the
applicant needs to work with the regulations already in place. Most processes and
regulations have worked so far and she feels this is a mistake to pass this ordinance
today.
Council member Mike Arnett made a motion to approve on second reading, Ordinance
No. 23, Series of 1999, and Council member Michael Jewett seconded the motion.
Council member Kevin Foley asked about applications for a Public Accommodation (PA)
Zone District, and would that application be'kicked back', and would it be covered under
an SDD or a PA District.
George said the staff looks at the underlying zoning of the property.
Russ Forrest, Community Development Director, said this ordinance does not eliminate
anyone from applying for an SDD in the future.
Council member Sybill Navas said she says it is a matter of a difference of opinion
between the Council and Diana Donovan. She said a rezoning may have been more
appropriate at a different time but this was not done in the beginning. Sybill stated she
hopes that the Council doesn't drop the ball and look at the Vail Village Master Plan
(VVMP) and guidelines throughout this process. She said the Council is looking at
something that is not too much different than what we have currently. We need more
hotels and redevelopment of hotels. She said she continues to have a problem with the
amendment and said she will oppose the vote for passing the ordinance but is not
against the content of the ordinance.
Council member Mike Arnett said the request was to insure the potential gross
residential floor area (GRFA) was not abused, so there would not be an inferior product
and not to change the underlying zoning.
A vote was taken and the motion passed, 6-1, Council member Sybill Navas against.
Johannes Faessler, the applicant, said the staff worked hard over the last year and a
half. He also said the old PA Zone District regulations were not very good and it was
clear that this change was necessary by zone district versus tied to a building. He
thanked the Council for looking at the total zone district versus a specific property. He
agreed with Sybill that in an ideal world, looking at the master plan to clean up the
regulations would be ideal. He said the approval of this ordinance sends a signal to the
Town of Vail Council Minutes October 5, 1999
community about the Council acknowledging that this will help Vail be competitive again.
0 He doesn't think Diana is right and feels that good things will come out of this approval.
Jim Lamont, representing the East Village Home Owner's Association, said he echoed
Sybill's comments regarding certain aspects of the Vail Village Master Plan that needs to
be addressed in a timely manner.
The eleventh item on the agenda was the Town Manager's Report.
There was no further information to report.
Pam Brandmeyer stated there was a shortage of space for seasonal employees. She
discussed the possibility of a temporary use of the vacated Vail Recreation District
(VRD) space below the Vail Library. She said there are 12 Australians coming to work
for Vail this winter season, and there are still 12 critical positions to be filled. There are
two possible places to review for possible solutions, Bright Horizons and the VRD space.
The Community Development Department staff said they would need to have a
conditional use permit application for these spaces as soon as possible. She said John
Gallegos, with Facilities Maintenance, reviewed the VRD space and thought five
separate spaces or bedrooms could be accommodated there. There would need to be
changes to the restroom and add a kitchen area. The former conference room would
become the common living area and would have individually locked bedrooms. She said
Krista Miller, with Human Resources, made offers to people for the bus driver positions
and they were turned down because they took jobs that offered housing with the job.
She is requesting the green light from Council to move forward with this process. The
property is in a special use zone district, which would allow for this conditional use.
Council member Bob Armour asked Russ about the types of dwelling units and
conditional uses.
Russ Forrest said dwelling units are based on the number of kitchen facilities, and this
one would be considered a one dwelling unit.
Pam stated that Vail Associates has been successful in putting this type of dwelling
accommodation together.
Council member Sybill Navas said Annie Fox, Vail Librarian, has concerns about
whether or not seasonal housing is a compatible use with a library in the same building.
There are security issues, and concerns that the staff room is being remodeled and
would take approximately 4-6 weeks to complete. Staff was going to move downstairs
into the VRD space while their remodel was being done. Also, the use of the community
room to house staff during the remodel may be a concern to the community since this
room is utilized heavily by the community.
Pam said Mike Rose stated noise has not been a problem in the past. Pam said the
control of the tenants would be the responsibility of the town and that if the tenants could
not control the noise, they would be out. She said she and Mike don't share that
concern.
Council member Mike Arnett asked how the estimates were reached.
Town of Vail Council Minutes October 5, 1999
Pam said John worked on a very quick, broad estimate. A local architect has offered
cabinets. This project would be managed by Nina Timm, Housing Coordinator and
Krista Miller, Human Resources Representative at the Town of Vail.
Council member Sybill Navas stated community facilities department would be doing a
remodel in April of 2000 in that section of the library into a learning and tech section.
She said by law, the town can not have out of country employees past April 20, 2000.
Pam stated there is no entrance into the library from the VRD space.
Council member Bob Armour asked if same sex employees would be in this space since
there is only one bathroom.
Pam said this could probably workout that way. She asked if Council wanted to direct
staff to house same -sex employees at this space since there is only one bathroom.
Council member Kevin Foley asked about hot water heater.
Pam said there was plenty of hot water to make this work.
Council member Mike Jewett asked about security for this site. He said he would feel
comfortable about moving forward with this project without a site visit.
Council member Bob Armour said Annie Fox was concerned about security.
Pam said there are no internal passageways into the library space.
Further discussion ensued about noise, security, venting, hot water systems,
Russ said all adjacent property owners would be notified of this project through the
conditional use process.
Pam stated the funds for this remodel would come out of the general fund. The costs
would be a complete wash. She said the Australians have stated this type of housing is
very common and is acceptable in Mount Buller.
Council member Mike Arnett said when total costs are known it should be divided by five
so the costs are recovered.
Chuck Ogilby, a local business owner, said this is brilliant thinking and said Pam should
get a big medal.
Council member Sybill Navas said when she heard about the money being spent for
annual leases the town should take some money from the fund balance and buy real
estate for employees to use.
Council member Mike Arnett made a motion to approve this project proceed to the
Planning and Environmental Commission (PEC), and to look into the five bedroom
Town of Vail Council Minutes October 5, 1999
space at the VRD space and to receive final figures for the remodel at the time it goes
through the PEC process.
Council member Mike Jewett seconded the motion. A vote was taken and the motion
passed unanimously, 7-0.
Pam invited the Council to the Town of Vail Five -Year Employee dinner on Thursday,
October 28.
Council member Kevin Foley and Bob Armour stated they would not be able to attend.
Council member Sybill Navas reminded Council about the Open Space meeting on
Thursday.
Suzanne Silverthorne had media advisories on the Council Candidate Forum dates
which will be held on October 12, 1999 and October 18, 1999.
Council member Kevin Foley stated there were press releases about Aspen looking at
banning cell phones in vehicles and asked if there was any interest in banning them here
in Vail.
Mayor Rob Ford said this was done in the Mid- West.
Council member Bob Armour said it would be good to watch what Aspen does with this
issue.
Council member Ludwig Kurz said the Eagle County Commissioners accepted the
counter proposal on the Berry Creek 5th Filing property.
Mayor Rob Ford thanked Ludwig Kurz and Tom Moorhead for their hard work on the
Berry Creek property.
Further discussion ensued.
Council member Sybill Navas reported the Wayfinding Committee met yesterday and the
team doing the design is on schedule and they hope to be scheduled at the Town
Council meeting following the election. She has learned a lot about the impact of signs.
Council member Ludwig Kurz stated he had dinner with the Mammoth Lakes Town
Council and they shared information.
Council member Michael Arnett said he would be out of town next week and he will miss
the Candidate Forum of October 12, 1999. He congratulated Luddie and Tom on the
Berry Creek 5th sale.
Council member Sybill Navas said there was an article in the newspaper last week on a
new chemical being used on the streets.
Pam said discussion is currently being held but stated the chemical is very expensive.
Town of Vail Council Minutes Qctober 5, 1999
•
Council member Mike Jewett asked if there would be a specific agenda at the Open
Space committee meeting on October 7, 1999.
Council member Sybill Navas said her intentions at the meeting would be to review the
criteria for property and to propose a review of the selection that was presented to
Council that was previously denied and ask for further public input. Also, they will look at
the map and clarify how decisions were made and what may happen in the future.
Council member Ludwig Kurz said in regard to the Berry Creek 5th Filing, this is the first
time two major entities would be entering to an Intergovernmental Agreement (IGA) for
employee housing. He said the County is very positive about it and the Town of Vail
should be too.
As there was no further business, a motion was made by Council member Mike Arnett to
adjourn the meeting and Council member Kevin Foley seconded the motion. A vote was
taken and the motion passed unanimously, 7-9.
The meeting was adjourned at 8:15 p.m.
4Respecub to ,
Rob Ford
Mayor
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Town of Vail Council Minutes October 5, 1999
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*OWN OF VAIL
75 South Frontage Road
Vail, Colorado 81657
970-479-2100
FAX 970-479-2157 MEDIA ADVISORY
October 6, 1999
Contact: Suzanne Silverthorn, 479-2115
Community Information Officer
VAIL TOWN COUNCIL HIGHLIGHTS FOR OCTOBER 5
Work Session Briefs
Council members present: Armour, Arnett, Foley, Ford, Jewett, Kurz, Navas
--Clarification and Potential Changes to the Town of Vail Employee Housing Guidelines
With 11 housing lotteries under the town's belt and no lotteries currently underway, Housing
Coordinator Nina Timm asked Council for direction regarding possible revisions to the
qualification guidelines for Vail's employee housing program. The Council clarified and/or
agreed to pursue the following:
• the lottery will continue to be limited exclusively to those who do not currently own real
estate in Eagle County (several homeowners from downvalley had expressed interest in
participating in the lottery to move back to Vail and there had been interest by owners of
1-bedroom units in Vail wanting to move into larger units)
• prohibit use of a quit -claim deed mechanism from one partner to the other or to a trust or
business to enable lottery eligibility
• continue to consider an equitable weighting system for longevity that accounts for those
who move away, then return versus the current system of only counting current or
consecutive years of living in Vail
• allow full standing in the lottery for full-time students pursuing education elsewhere so
long as residency is retained through a drivers license and voter registration; this
standing would be good for an unlimited number of years so long as the applicant can
prove corresponding full-time student status
• Use federal tax return forms to determine the number of dependents claimed by a family;
this would be required to meet the minimum family size requirement (3 people for a 3-
bedroom home)
• pregnancy can be counted towards meeting the minimum family size requirement as long
as there is a note from an Eagle County doctor
• explore possible revisions to the currently approved capital improvements requirements
• explore the creation of caps on income and assets to exclude participation in the lottery
by those who can afford to buy housing on the open market
• when there is a clear winner of the lottery, award the unit at the time points are
determined
• create a permanent reserve list of qualified buyers for resale units and update the list
annually; create separate reserve lists according to unit size
During discussion, Diana Donovan, a council candidate, objected to the towns employment
requirement of an average of 30 hours a week, saying the requirement should be 40 hours a
week. But most councilmembers said the 30 hour requirement was more reflective of the
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seasonal nature of many resort jobs. For more information, contact Nina Timm at 479-2144.
--Employee Housing Unit Standards
The Council reviewed a list of potential revisions to the Town Code intended to improve private
sector interest in creating employee housing units (EHUs) within the town's residential zone
districts. The list was triggered by citizen suggestions during the Vail Tomorrow and Common
Ground processes to remove barriers and improve incentives. After a presentation by Chief
Planner Dominic Mauriello that included recommended changes such as reducing minimum lot
sizes for employee housing units, allowing for 250 credits and removal of garage requirements
for EHUs, Councilmembers asked for additional discussion opportunities before preparing the
changes in ordinance form. The Council directed staff to look at provisions requiring EHU's on
large lots with large homes. During discussion, Diana Donovan, a council candidate, expressed
concerns about the proposed changes, saying the town shouldn't be involved in providing
incentives for property upgrades because it artificially inflates property values. For more
information, contact Dominic Mauriello in the Community Development Department at 479-2148.
--De-Annexation of U.S. Forest Service Properties
In preparation for the evening meeting, the Council reviewed an ordinance that would de -annex
six federally -owned parcels in the Town of Vail to complete the 1997 land ownership adjustment
agreement between the town and the U.S. Forest Service. For details, see evening meeting
briefs.
--Budget Review
In preparation for the evening meeting, the Council reviewed an ordinance adopting the 2000
fiscal year budget. In so doing, the Council clarified its intent to leave the Park Free After 3
program in tact for another season. See evening meeting briefs for details. to
--Supplemental Budget Review
See evening meeting briefs for details.
--Public Accommodation Zone District Amendments
In preparation for the evening meeting, the Council received public comment from Jim Lamont of
the East Village Homeowners Association regarding this ordinance and agreed to modify the
measure to accommodate concerns from the homeowners association. See evening meeting
briefs for details.
Evening Session Briefs
Council members present: Armour, Arnett, Foley, Ford, Jewett, Kurz, Navas
--Citizen Participation
There was no citizen participation.
--Review of Youth Recognition Award Winners' Trip to Australia
The Council heard from Emily Sargent and Jared Staber, winners of the 1999 Vail Youth
Ambassador Award, sponsored by the Town of Vail. Sargent, a senior at Battle Mountain High
School and Staber, a senior at Vail Mountain School, traveled to Mt. Buller, Australia during the
summer in recognition of their student achievement. Both said they had a memorable
experience and are planning a return visit soon. Selection of the 2000 award winners will be
announced next spring. Is
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--Consent Agenda
The Council voted 7-0 to approve the meeting minutes of Sept. 7 and Sept. 21, as well as
appointment of Karen Morter, Jeannie Tilkmeier, Mary Jo Allen and Vi Brown as election judges
for Nov. 2 Town of Vail regular municipal election which is an at -the -polls election to be held at
the Vail Municipal Building.
--Town of Vail 2000 Budget
The Council voted 6-1 (Foley against) on first reading to approve an ordinance approving a
$34.3 million annual budget for 2000. 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. Although the 2000 budget shows a year-end surplus of $6,000 in the
general fund, the town's five-year financial projection shows deficit spending of $1 million by
2003. As a result, Finance Director Steve Thompson said the need for new revenue sources
and/or additional cuts in expenses will remain a priority in preparation of the next biennial budget
for 2001-2002. In voting against approval of the 2000 budget, as he did during the 1999 budget
process, Foley repeated a concern that the budget cuts didn't go far enough. For more
information, contact Finance Director Steve Thompson at 479-2116.
--Amendment to Town of Vail Employees' Pension Plan
The Council voted 7-0 to approve first reading of an ordinance to amend the Town of Vail
employees' pension plan in compliance with changes in federal law and to allow for daily
valuations of participant accounts.
--Amendment to Town of Vail Police and Fire Employees' Pension Plan
Similarly, the Council voted 7-0 to approve first reading of this ordinance, which also reflects
compliance with changes in federal law and to allow for daily valuations of participant accounts.
--Supplemental Budget Appropriation
The Council voted 7-0 to approve first reading of a supplemental appropriation to the 1999
budget, which reduces the overall budget by $150,781 due to the reduction of $1.9 million in
capital projects as a result of slow revenue growth. For more information, contact Finance
Director Steve Thompson at 479-2116.
--De-Annexation of U.S. Forest Service Properties
The Council voted 7-0 to approve an ordinance on first reading to de -annex six federally -owned
parcels from the Town of Vail boundaries. The parcels are owned by the U.S. Forest Service.
De -annexation will complete a land ownership adjustment agreement signed in 1997 between
the town and the U.S. Forest Service. By exchanging lands of like -value, the town was able to
swap three parcels totaling 74 acres to the Forest Service in exchange for 11 properties totaling
62 acres from the Forest Service for the purpose of resolving boundary conflicts. So when six
federal parcels remained within the town's boundaries and no remaining town -owned lands to be
swapped of like -value, the 1997 agreement included a de -annexation provision for the remaining
parcels. Those lands include Trapper's Run in West Vail, Parcel H in East Vail and Parcel C by
Lift 1. For more information, contact Russell Forrest, Community Development Director, at 479-
2146.
--Public Accommodation Zone District Amendments
The Council voted 6-1 (Navas against) to approve a modified ordinance on second reading to
amend the Public Accommodation Zone District. The ordinance codifies increased development
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standards that have been approved through recent Special Development Districts. The changes
apply to 17 properties, mostly in the Vail Village area. Proposed by Johannes Faessler of the
Sonnenalp, the updated development standards are intended to reduce an applicant's reliance
on the Special Development District process, thereby eliminating uncertainties and last-minute
negotiations. The ordinance was modified during the afternoon work session after Jim Lamont
of the East Village Homeowners Association expressed concerns about a provision that would
have allowed increases in a building's commercial space allocation as a conditional use.
Lamont argued successfully that increased commercial space may not be compatible in
surrounding residential neighborhoods and the provision was eliminated from the ordinance.
Also at Lamont's suggestion, loading and delivery was added to the list of examples that could
be required of off -site impact fees. During public discussion, Diana Donovan, a former Planning
and Environmental Commission member, urged the Council to vote against the ordinance. She
described the measure as inappropriate, saying it was a rezoning matter rather an amendment.
In voting against the ordinance, Navas reiterated her concern regarding an amendment to the
urban design guide plan that was included within the ordinance. Following Council's approval of
the ordinance, Johannes Faessler thanked the Council. He said approval will now send a signal
to people that it's OK to "start dreaming again." Jim Lamont thanked the Council for its spirit of
compromise and urged the town to move forward with an update of the Vail Village Master Plan.
For additional information, contact George Ruther in the Community Development Department
at 479-2145.
--Temporary Use of the Vacated VRD Space at the Vail Public Library
The Council voted 7-0 to authorize an application for a conditional use permit to convert the
basement of the Vail Public Library, which is currently empty following consolidation of offices by
the Vail Recreation District, into temporary housing for 5 Town of Vail seasonal bus drivers.
Assistant Town Manager Pam Brandmeyer presented the concept, which includes spending
approximately $10,000 to convert the space into 5 bedrooms with a shared kitchen, living space
and bath. The cost of the conversion could be recouped through monthly rental fees, she said.
The additional bedrooms are essential, Brandmeyer said, since the town has already lost 2
potential bus driver candidates to other jobs tied with housing. Counciimembers called the
concept "brilliant" and expressed confidence that compatibility concerns expressed by Library
Director Annie Fox could be addressed appropriately. The conditional use proposal will be
heard by the Planning and Environmental Commission at its Oct. 25 meeting. Adjacent property
owners will be notified. For more information, contact Brandmeyer at 479-2113.
--Information Update
Announcements included: the 5 year TOV employee recognition dinner will be held Oct. 28; the
Open Space Committee will meet at 7 p.m. Oct. 7 in the Council Chambers; and Council
candidate forums and discussions are scheduled for Oct. 12 and Oct. 18.
--Council Reports
Noting that Aspen was pursuing a ban on the use of cellular phones while driving, Kevin Foley
wondered if the Vail Town Council would be interested in such a pursuit. Bob Armour suggested
monitoring Aspen's efforts a while longer before launching a discussion in Vail.
Ludwig Kurz announced Eagle County's acceptance of a counter-offer by the Eagle County
Recreation Authority to sell the Berry Creek 5th parcel. The agreement, which includes an
eventual intergovernmental agreement (IGA) between the Town of Vail and Eagle County for
development of the affordable housing component on the property, represents the first time the 90
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town and Eagle County have come together as partners to develop affordable housing. In
response to a question from Bob Armour, Kurz said proceeds from the sale of a portion of the
property to the Upper Eagle Regional Water Authority will be kept in escrow to be used as seed
money by Eagle County for recreational purposes on a 1-to-1 matching basis. Armour called the
transaction a "win -win."
Michael Jewett noted that he had attended the Eagle County Commissioners meeting in which
approval of the counter-offer for Berry Creek Fifth was unanimously approved and that spirits
were high.
Sybill Navas provided an update on the town's wayfinding project in which directional signs for
vehicles and pedestrians will be improved. She said a full presentation would be made to the
Town Council in November outlining the proposed improvements. Navas also noted a recent
dinner which was held with elected officials from Mammoth takes, Calif. The group was touring
Vail, Beaver Creek and other nearby resorts as part of a fact-finding retreat.
--Other
Michael Arnett congratulated those involved in the Berry Creek Fifth negotiations, while
Bob Armour thanked the town for repairing a clock in the Council Chambers. Sybill Navas
inquired about the status of a study on the impact of magnesium chloride, noting that Aspen may
be using a new chemical this winter as a de-icer. Michael Jewett inquired about an agenda for
Thursday's Open Space Committee meeting, while Kevin Foley concluded the meeting by
wishing the Denver Broncos luck.
so UPCOMING DISCUSSION TOPICS
October 12 Work Session
PEC/DRB Report
E-911 Board Presentation
October 99 Work Session
Donald Gallegos, 20 Year Employee Anniversary
Mike Rose, 20 Year Employee Anniversary
Off -Street Parking Discussion
October 99 Evening Meeting
First Reading, Model Traffic Code
Second Reading, De -Annexation
Second Reading, Town of Vail 2000 Budget
Second Reading, Supplemental Appropriation
Second Reading, Police & Fire Pension Amendments
Second Reading, Employee Pension Amendments
.e