HomeMy WebLinkAbout1999-03-16 Town Council MinutesVAIL TOWN COUNCIL - MINUTES
TUESDAY, MARCH 16, 1999
7:00 P.M.
The regular meeting of the Vail Town Council was held in the Town Council Chambers on Tuesday, March
16, 1999. The meeting was called to order at approximately 7:00 P.M.
COUNCIL MEMBERS PRESENT: Rob Ford, Mayor
Ludwig Kurz, Mayor Pro-Tem
Bob Armour
Michael Arnett
Kevin Foley
Michael Jewett
Sybill Navas
STAFF MEMBERS PRESENT: Bob McLaurin, Town Manager
Tom Moorhead, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation. There was no citizen participation.
The second item on the agenda was an appointment to the Vail Valley Marketing Board.
There was one open position on the Vail Valley Marketing Board with a term expiration date of December,
2000. The Town Council voted by written ballot.
Council member Sybill Navas made a motion to appoint Sandra Sage to the Vail Valley Marketing Board,
so and Council member Bob Armour seconded the motion. A vote was taken and the motion passed
unanimously, 7-0.
The third item on the agenda were appointments to the Art in Public Places Board.
There were three open positions on the Art In Public Places Board all with a term expiration date of April,
2002. The Town Council voted by written ballot.
Council member Sybill Navas made a motion to re -appoint Sherry Dorward, George Lamb, and Kyle
Webb to the Art In Public Places Board, and the motion was seconded by Council member Bob Armour.
A vote was taken and the motion passed unanimously, 7-0.
Mayor Rob Ford thanked everyone for applying for these positions
The fourth item on the agenda was second reading of Ordinance No. 2, Series of 1999, Making
Supplemental Appropriations from the Town of Vail General Fund, Booth Creek Debt Service Fund, Heavy
Equipment Fund, Housing Fund, Capital Projects Fund, and Real Estate Transfer Tax 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 at this time of the year a supplemental appropriation is required
primarily to appropriate funds in 1999 for unspent appropriations in 1998 and to appropriate funds needed
for the housing buy down program. The appropriations lapse at the end of the year and need to be re -
appropriated each year. The only additional change is adding 171,000 to the budget for the radios
discussed at the work session that afternoon.
1 Vail Town Council Meeting Minutes March 16, 1999
90
Council member Bob Armour made a motion to approve on second reading, Ordinance No. 2, Series of
1999, Council member Ludwig Kurz seconded the motion. Council member Kevin Foley said he voted for
the first appropriation, however, he would not vote for it a second time. A vote was taken and the motion
passed, 6-1, Council member Kevin Foley against.
ti
The fifth item on the agenda was the first reading of Ordinance No. 3, Series of 1999 amending Title 12,
Zoning Regulations, By Adding Two New Zone Districts As Chapter 7H: Lionshead Mixed Use 1 District
And Chapter 71: Lionshead Mixed Use 2 District In Order To Implement The Lionshead Redevelopment
Master Plan; Amending Chapter 2, Definitions, Section 12-2-2: Definitions; Amending Chapter 4, Districts
Established, Section 12-4-1: Designated, By Adding Lionshead Mixed Use 1 District And Lionshead Mixed
Use 2 District; Amending Chapter 10, Off -Street Parking And Loading, Section 12-10-17: Leasing Of
Parking Spaces; Amending Chapter 10, Off -Street Parking And Loading, Section 12-10-16: Exempt
Areas; Parking Fund Established; Amending Chapter 13, Employee Housing, Section 12-13-6: Type III
Employee Housing Unit; Amending Chapter 13, Employee Housing, Section 12-13-7: Type IV Employee
Housing Unit; Amending Chapter 14, Supplemental Regulations, Section 12-14-19. Satellite Dish
Antennas; Amending Chapter 15, Gross Residential Floor Area, Section 12-15-3: Definition, Calculation,
And Exclusions, Section 12-15-2: GRFA Requirements By Zone District; Amending Title 12 Sign
Regulations, Chapter 4, Sign Categories, Section 11-4A-1: Signs Permitted In Zoning Districts; And
Amending Title 5, Public Health And Safety, Chapter 1, Public Nuisances, Section 5-1-7: Noise
Prohibited.
Mayor Rob asked Dominic to clarify for the community members how many times this ordinance had been
discussed before.
Dominic stated the ordinance had been discussed three times before, plus the most recent discussion at
this afternoons work session.
Council member Sybill Navas asked if Ordinance No. 3, Series of 1999 and Ordinance No. 4, Series of
1999 were being discussed together. She said she had concerns with Ordinance No. 4, Series of 1999.
Dominic clarified the difference between the two ordinances for the community audience.
Council member Sybill Navas doesn't feel it's appropriate to treat the bulk of the Lionshead
Redevelopment the same as some of the outlying areas of Lionshead. She would like to see the outlying
areas treated differently from the core area of Lionshead. She wanted staff to look at changing the
permitted uses and the conditional uses for these areas. The properties on the eastern and western ends
of Lionshead are more residential.
Mayor Rob Ford clarified that the western and eastern end properties of Lionshead might be carved out of
the permitted use but be allowed to come before the town for conditional uses on the first floor.
Council member Sybill Navas said the core area is targeted for more commercial spaces.
Council member Ludwig Kurz requested clarification of the last concern. He said lodging is permitted on
the first floor on all of the Lionshead properties.
Council member Sybill Navas stated commercial property was permitted throughout the Lionshead area.
Russ Forrest, Community Development Director, stated that currently the commercial uses in the bulk of
Lionshead are a permitted use.
2 Vail Town Council Meeting Minutes March 16, 1999
Dominic Mauriello, Chief of Planning, said the reason it would be a conditional use Instead of a permitted
use is because a particular area may warrant the location of a hotel or condominium unit on the first floor
instead of a commercial space. The conditional use would allow the PEC to make this determination of
appropriateness.
Further discussion ensued.
Dominic said there would need to be another zone district to accommodate the changes requested for the
Lodge at Lionshead and Vail International, if that was the Council's desire.
Mayor Rob Ford said this was the concern.
Dominic made recommendation that the specific parcels be pulled out of the ordinance and then go back
to the neighborhoods and draft another ordinance for those properties. He asked Council what properties
in the west -end of Lionshead they are referring to.
Council member Sybill Navas said the Vail Spa was impacted and possibly the multiple -family areas in the
east.
Dominic said the western sections of Lionshead were proposed as a community hub, with commercial
contemplated in the Master Plan. Dominic asked if by removing the two eastern end properties and Vail
Spa, Council would consider moving forward with the ordinance with those exceptions.
Council member Sybill Navas asked if the town was limiting conditional uses to multi -residential units from
the second floor and above by the wording in the ordinance.
Dominic said no.
Council member Sybill Navas made a motion to approve on first reading, Ordinance No. 3, Series of 1999,
Council member Michael Arnett seconded the motion.
Mayor Rob Ford asked for community input.
Jim Miller, representing the Lodge at Lionshead, which has 66 owners, said the Lodge at Lionshead has
been involved with the town staff for 1-112 years in this process. They appreciate the staffs discussions
and they had a homeowner's meeting in July and wish to be cooperative and supportive of the Lionshead
Master Plan but said they need more time to discuss with all of the owners. He requested an exception to
the Lionshead Mixed Use —1 Zone District (LMU1) until the owners of the Lodge at Lionshead understand
and agree to the rezoning. He said when you're least informed; you're more concerned. They are
definitely in favor of doing something with the parking structure, it's an eyesore, and something needs to
be done. He is concerned about traffic and parking. The owners like the park -like open space on their
street and they want the delivery areas, and the like moved. Jim summarized the concerns and requests
of the owners of Lodge at Lionshead. He stated John Dunn's purpose was sincere and not threatening.
He thanked the council for their attention.
Jim Lamont, representing the East Village Homeowners Association (EVHOA), said the EVHOA has
memberships who have properties in the Lionshead area, which are affected. He respectfully suggested
that between readings it is appropriate to sit down with staff and go through the zoning ordinance as
proposed to clarify the zoning issues and concerns. The EVHOA is concerned and does not want the
quality of residential areas diminished in any way. The Lion Square Lodge expansion of residential uses
would have to go through the conditional use permit process. He said the conditional use process is
inconsistently applied. He said he would like the staff to review the changes in use, parking zones districts
to mixed use, time-share issues, public notice and the issue of impact fees. He believes issues that can
3 Vail Town Council Meeting Minutes March 16, 1999
be adopted in the ordinance can be rolled forward into all zone districts. He has a concern that fair and
equal treatment be applied throughout all the zone districts.
Joe Staufer, a local resident, said the same problem might come up in the future in the Public
Accommodation (PA) zone district. He said it doesn't make sense to change zoning for properties that are
happy with what they currently have now. He said this ordinance only applies to one property. He
encourages zoning commercial uses for present hotel rooms. He then stated that he had not read either
of the proposed ordinances.
Mayor Rob Ford asked Dominic and Russ to outline the differences of what zoning is presently there and
how this ordinance changes the current zoning.
Dominic said the uses stay mostly the same, the ordinance makes these properties consistent with the
Lionshead Master Plan.
Council member Kevin Foley asked that Section 12-15-2 be changed as discussed earlier and incorporated
into the motion, by adding the term "up to".
Council member Sybill Navas made a motion to approve on first reading, Ordinance No. 3, Series of 1999
with the modification, Council member Michael Arnett seconded the motion.
A vote was taken and the motion passed unanimously, 7-0.
Tom Moorhead said John Dunn stated he was not certain, but thought a property owner approval was
needed to rezone a property. It is basic to zoning that the interest of the property owner is secondary to
the common interest of the area. The zoning regulation must be reasonable in relation to the property but
there is no requirement that there be consent by the property owners.
The sixth item on the agenda was first reading of Ordinance No. 4, Series of 1999, an ordinance
amending the Official .Zoning Map For The Town Of Vail In Accordance With Title 12, Zoning Regulations,
Chapter 5, Zoning Map; Rezoning Parcels Of Land In The Lionshead Area In Accordance With The
Attached Map To Lionshead Mixed Use 1 District And Lionshead Mixed Use 2 District; And Rezoning
Tract E And The Lionshead Parking Structure In Accordance With The Attached Map To General Use
District.
Dominic Mauriello, Chief of Planning, said this is an ordinance rezoning areas of Lionshead to new zone
districts. Lionshead Mixed Use 1 and Lionshead Mixed Use 2 Districts in accordance with the map
included in your packet and rezoning Tract E and the Lionshead parking structure from Parking District to
General Use District. The details of the proposal are contained in the February 22, 1999 Planning and
Environmental Commission memorandum and proposed Ordinance No. 4, Series of 1999, which are
included in the Town Council packet. The Planning and Environmental Commission, at its February 22,
1999 meeting, recommended approval (unanimously) of the proposed rezonings.
Council member Sybill Navas made a motion to approve on first reading, Ordinance No. 4, Series of 1999,
with the condition of removing the Vail International building and the Lodge at Lionshead building from the
ordinance, the motion was seconded by Council member Ludwig Kurz.
Additional discussion ensued.
A vote was taken and the motion passed unanimously, 7-0.
4 Vail Town Council Meeting Minutes March 16, 1999
The seventh item on the agenda was first reading of Ordinance No. 5, Series of 1999, an Ordinance
Amending Title 3, Chapter 4, Section 3-4-1 of the Municipal Code, to Remove Planning and Environmental
Commission (PEC) Representation on the Design Review Board (DRB),
Jeff Hunt, Senior Planner, said the existing language of Chapter 4, Design Review Board, of the Town
Code, states that "The design review board shall be composed of five (5) members. Four(4)members
shall be residents of the Town, appointed by the Town Council, and the fifth member shall be a member of
the Planning and Environmental Commission of the Town." He said PEC members have stated that the
amount of time necessary to attend both the PEC meetings and the DRB meetings was excessive and
difficult for working professionals to attend. On February 23, 1999, the Town Council directed staff to
present an ordinance that would remove the requirement that a PEC member serve on the DRB.
Diana Donovan, a local resident, said she served on the DRB and the PEC in years past and said she
feels it is very important that a PEC member be on the DRB board. She feels it is a cop out and lack of
commitment. She said it is important to have the overlap and that it is not essential all the time. The tie
between PEC and DRB is not necessarily a bad thing. She doesn't think it is a good idea to do away with
this requirement. The boards operated this way for 30 years.
Council member Ludwig Kurz made a motion to approve on first reading, Ordinance No. 5, Series of 1999,
Council member Mike Jewett seconded the motion.
Council member Ludwig Kurz said one of the reasons it is difficult to get and retain good people because it
takes a lot of time to do the job. He agrees that there are times and issues that it is a good idea to have
the contact between DRB and PEC. There are ways to have that happen without it being the same
structure as in the past.
Council member Bob Armour said he could argue both sides of this issue. He said he will vote in
opposition because as a former PEC member he saw changes on projects between the time it went from
the PEC and the DRB time frames and the changes fell through the cracks.
Council member Mike Arnett said that when he served on the DRB, while at times it was beneficial to have
a PEC member on the DRB, he felt at times it was unfair to the applicant to have a PEC member on the
DRB. He stated at times the term of the PEC member would be up and then another PEC member would
be on the DRB, which hampered the process. He will vote in favor of the ordinance.
Council member Sybill Navas said she can see both sides of this issue but would vote against this
ordinance and stated the cross communication between the boards is valuable. A vote was taken and the
motion passed, 4-3, Council members Bob Armour, Sybil] Navas and Kevin Foley against.
The eighth item on the agenda was Ordinance No. 6, Series of 1999, an Emergency Ordinance
Extending the Terms of the Present Members of the Planning and Environmental Commission (PEC) and
the Design Review Board (DRB) for Ninety (90) Days from March 31, 1999 and Declaring an Emergency.
Tom Moorhead, Town Attorney, said the Town of Vail code states the expiration of some of the current
board members is March 31, 1999. He said there are currently three PEC openings and two DRB
openings.
Council members Ludwig Kurz asked if current members have a choice in the matter.
Russ Forrest, Community Development Director, stated they have talked with the current members. He
said the Town Council wishes to extend the period of time to advertise for available positions on the
Planning and Environmental Commission and Design Review Board to allow for more applicants to submit
their letters of interest in the Boards.
5 Vail Town Council Meeting Minutes March 16, 1999
Council member Bob Armour made a motion to approve emergency Ordinance No. 6, Series of 1999,
Council member Ludwig Kurz seconded the motion. A vote was taken and the motion passed
unanimously, 7-0.
The ninth item on the agenda was Resolution No, 4, Series of 1999, a Resolution Adopting the Miller
Ranch -Berry Creek Intergovernmental Agreement.
Mayor Rob Ford stated this Intergovernmental Agreement has been in the works for 14 months. This
agreement is a "broad stroke" for parcels of land at the Miller Ranch Berry Creek property. It was
discussed at the work session earlier today. He said the Council member Mike Arnett met with the other
partners of the property about where to go after this IGA is approved. The IGA has been approved by the
Recreation Authority Board of Directors and is now being reconsidered by the Vail Town Council and
requested the Council to adopt Resolution No. 4, Series of 1999.
Council member Bob Armour asked about his long-standing concern with regard to the long-term expense
to the Vail Taxpayers. The Town of Vail owns 60%, so is this exposing the Town of Vail to 60% of the
infrastructure.
Tom Moorhead, Town Attorney, said the IGA does not authorize any expenditure of funds or building of
any infrastructure. He also stated there could be no action taken without the Town of Vail vote on the
Eagle County Recreation Authority.
Council member Bob Armour asked if any infrastructure of the roads would need to have a Town of Vail
representative.
Tom said any action taken on this property requires a two-thirds approval of the board, which means the
so Town of Vail would have to vote in favor of any changes.
Council member Bob Armour said the 1990 IGA is convoluted.
Council member Kevin Foley thanked everyone involved for their efforts and for explaining the process.
John Canning, a 12-year resident of East Vail, stated he has concerns with the IGA. He thought the
original purpose of this property was for open space and recreation. He operated the Berry Creek Ranch
for two years and knows a lot about the property. He said he feels this is the most dysfunctional board
because nothing has ever been done. He wants to know what is going to happen to this property. He is
concerned that the recreation authority decided to partner with the school district and now the school
district is running the show. He doesn't want a road in the middle of the property. He is also concerned if
funds to purchase this property came from RETT funds.
Tom Moorhead, Town Attorney, said it is his understanding that RETT funds were not used. The Town of
Vail had an option on both pieces of property. The Berry Creek property is encumbered with an
easement for the road. Also, the original contracts that were assumed by the Town of Vail show that what
is being done is consistent with the intent originally planned. The far -eastern piece of property is used for
the best benefit. This plan is from surrounding property owners input as well as the school districts.
Council member Mike Jewett asked Tom and Bob if someone could see the bond that was used to buy
the property.
Bob McLaurin, Town Manager, said a bond purchased this property and that Steve Thompson, Finance
Director, could show him the documents.
6 Vail Town Council Meeting Minutes March 16, 1999
Tom Braun, representing the Eagle County School District, said there were a couple of hypothetical
scenarios of how this property could be designed with roads, utilities, etc. and various opportunities were
had by all parties involved.
Council member Kevin Foley asked Tom Braun if the siting of the road has been done.
Tom Braun, along with concurrence from Tom Moorhead, said the road has not been designed yet. There
are alternative methods for the road however they have located the general road as it is on the current
map.
Tom Moorhead, Town Attorney, said small pieces of property have been conveyed around this area for
exchanges of access and easements.
Council member Mike Arnett made a motion to approve Resolution No. 4, Series of 1999, Council member
Ludwig Kurz seconded the motion. A vote was taken and the motion passed, 6-1, Council member Mike
Jewett against.
The tenth item on the agenda was the Town Manager's Report,
Bob McLaurin, Town Manager discussed the Holy Cross franchise agreement. He said Council might
want to reconsider the franchise fee.
Council member Bob Armour asked what time frame they have to make decisions.
Bob McLaurin said they have until July. He said budget issues are being discussed now.
Council member Kevin Foley asked if 4% was a normal franchise fee.
Bob McLaurin said other cities have 3%-4% franchise fees.
Bob also stated there was a great "sustainable conference" the last 2 days. He complimented Russ
Forrest for doing a terrific job putting it together.
As there was no further business, a motion was made by Council member Kevin Foley to adjourn the
meeting and Council member Ludwig Kurz seconded the motion. A vote was taken and the motion
passed unanimously, 7-0.
The meeting was adjourned at 8:30 p.m.
OF��,
i� ;Respe y subm• ed,
;]CAL - /
Rob Ford
Mayor
ATTNbon
Loredson
Town Clerk
7 Vail Town Council Meeting Minutes March 16, 1999
TOWN OF VAIL �
5 South Frontage Road
Vail, Colorado 81657
970-479-2100
FAX 970-479-2157
MEDIA ADVISORY
March 17, 1999
Contact: Suzanne Silverthorn, 479-2115
Community Information Office
VAIL TOWN COUNCIL HIGHLIGHTS FOR MARCH 16
Work Session Briefs
Council members present: Armour, Arnett, Foley, Ford, Jewett, Kurz, Navas
--Art In Public Places Board Positions
In preparation for the evening meeting, the Council reviewed applications from three members of
the Art In Public Places Board who had applied' for reappointment. The three (Sherry Dorwood,
George Lamb and Kyle Weber) were later appointed to terms expiring April 2002 at the evening
meeting.
--Senior Citizen Mailing
The Council heard an update on a senior citizen survey from Kathleen Forinash, Eagle County
Social Services director. Within the next 10 days, the survey will be mailed to approximately
1,200 registered voters within Eagle County who are 60 years old or older. Also, the survey will
be mailed to a random sampling of residents in the 50-59 age bracket. The survey will probe
future concerns of seniors, including social, health, recreational, and graduated care desires.
The Town of Vail is contributing $1,500 to assist in the effort. According to Forinash, about 18
percent of the over 65 county population resides in Vail. Survey results will be available in May.
--Lionshead Code Amendments
In preparation for the evening meeting, the Council reviewed two ordinances that would
implement the newly -approved Lionshead Redevelopment Master Plan. Much of the discussion
centered around a proposal to include the Lodge at Lionshead and Vail International within the
same zone district as the Lionshead Mall area. The proposal has received opposition from
some members of the community who say expansion of commercial businesses to the
easternmost side of Lionshead would be detrimental to the area's residential character. John
Dunn, an attorney representing the Lodge at Lionshead, questioned the town's authority to
rezone areas without consent of the property owners. He also questioned the town's notification
process. Also yesterday, Bob Lazier, a Lionshead property owner, voiced opposition to an
expansion of retail along West Meadow Dr. He said the corridor should be preserved as a
"walking corridor," allowing people to take a break from the commercial areas. Noting that his
tenants were already having a tough year, Lazier said additional retail opportunities would be a
step in the wrong direction. Reflecting upon Lazier's remarks, Councilmember Sybill Navas
noted that while there's a need for improved and consolidated commercial areas, it could be
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Vail Town Council Highlights/March 16, 1999/Add1
dangerous to stretch the commercial areas out. Councilman Ludwig Kurz challenged his
colleagues to avoid using reaction to a bad season as a basis for long-term decision making. As
the discussion concluded, at the suggestion of Sybill Navas, Councilmembers asked Town
Attorney Tom Moorhead to research John Dunn's questions regarding the town's ability to
rezone without the consent of the property owners. Please see evening meeting briefs for
additional actions.
--Miller Ranch -Berry Creek Intergovernmental Agreement
Next, the Council heard an overview from Ludwig Kurz and Rob Ford regarding the latest
developments with the Berry Creek Fifth property and the Eagle County Recreation Authority.
Kurz and Ford, who have been representing the Vail Town Council on the Authority for the past .
year -and -a -half, asked colleagues to reconsider the proposed Intergovernmental Agreement due
to additional compromises that have been reached with the other partners. The Council had
voted 4-3 to defeat the IGA at its March 3 evening meeting. At the time, several
Councilmembers had expressed concern that the proposed housing component would exclude
the opportunity to house some of Vail's seasonal workers. Since then, Councilman Michael
Arnett said he's worked out some language with the partners that appears to satisfy Vail's
needs. The proposal would enable all rental units allocated to the Town of Vail to be rented to
anyone who works in Vail. In addition, Arnett reminded Councilmembers that as a 60 percent
property owner, Vail has veto power to control future decision -making on the Berry Creek Fifth
property. Councilman Michael Jewett continued to express his interest in placing a conservation
easement on the open space parcels that are to be conveyed to the Recreation Authority by the
Eagle County School District. Later in the evening, the Council voted 6-1 (Jewett against) to
approve the IGA. See evening meeting briefs for additional details.
- 1999 Town of Vail Community Survey Format M
The Council reviewed and approved the format for the town's 1999 community survey. For the
first time in its 11-year history, the survey will be conducted by telephone as well as the Internet
this year. Previously, the town has used a mail -back version. The change is being implemented
to coincide with the town's biennial budget process, in which a full-scale mail -back survey will be
alternated with a scaled -back telephone and Internet survey during the "off year." RRC
Associates of Boulder will be contracted to conduct the research. About 600 telephone
interviews will be conducted beginning March 22. Recipients will be asked to rate their
satisfaction with various town services. The Internet survey will mirror questions on the
telephone survey and will be launched in April. During discussion, Councilmembers asked
researchers to use a high level of diplomacy during the calls so as not to be confused with a
telemarketing call. Survey results will be available in mid -May. For more information, contact
Suzanne Silverthorn in the Community Information Office at 479-2115.
--Affordable Housing Pricing and Subsidy
After reviewing the staff rationale for pricing of the East Vail "buy -down" affordable housing unit,
Councilmembers retained the $140,000 recommended resale price. The free market unit was
purchased by the town for $156,500 on March 1. The unit will now be deed restricted as
employee housing and sold to a qualified buyer during a lottery drawing on April 8. Applications
are due March 22. To date, 19 applications have been requested. During discussion yesterday,
Councilman Bob Armour suggested the town have the right of first refusal to buy back the
property during future re -sales. Also, Councilman Michael Arnett expressed an interest in
finding creative ways to stretch the town's $100,000 buy -down budget to allow for the purchase
of additional properties. For more information, contact Nina Timm in the Community
Development Department at 479-2144. 00
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Vail Town Council Highlights/March 16, 19991Add2
--Information Update
In preparation for the evening meeting, Mayor Rob Ford explained the nature of an emergency
ordinance to extend the terms of the Planning and Environmental Commission and Design
Review Board members. The ordinance is necessary, he said, due to the lack of applicants for
openings on the volunteer boards. The terms will be extended to June 30 or until the new
appointments are made. Citizen applications are now being taken through March 31. During
discussion, it was noted that some of the previous applicants had felt intimidated by the Council
interview process. Councilmembers agreed to reduce that level of anxiety by providing interview
questions to each of the candidates in advance. For more information, contact Lorelei
Donaldson in the Town Clerk's Office at 479-2136.
Announcements included:
• a joint meeting between the Vail Town Council and Planning and Environmental
Commission to discuss proposed amendments to the Public Accommodation Zone
District is scheduled for noon on March 22
• the Town Manager's annual employee breakfast will take place from 7 to 9 a.m. April 1
at Seasons at the Green.
Next, Councilmembers discussed possible transition dates for end -of -season bus service and
the return of free parking in the structures. Possibilities include shifting to the summer bus
schedule on April 5 with the last day of paid parking on April 18; or moving both to April 11.
Councilmembers asked to review the financial impacts at next Tuesday's work session.
Town Manager Bob McLaurin explained the need to add $80,000 to the supplemental
appropriation to cover the cost of additional radios to implement conversion to the 800 MHZ
radio system for the Police, Fire and Public Works departments. McLaurin also said he'd be
visiting with Council soon regarding ideas for increasing revenues and reducing expenses to
address projected shortfalls in the 2000 budget.
--Council Reports
Sybill Navas said the community facilities team would be meeting Friday to interview and select
qualified design groups who'll be hired to develop facility concepts for the community. Navas
also distributed a sheet listing the most recent allocations from the Special Events Commission.
--Other
Michael Jewett inquired about a constituent's question regarding abandoned cars in East Vail,
as well as complaints from a Vail Village hotelier about loading and delivery. In addition, Jewett
asked about the nature of an upcoming discussion on the Bright Horizons day care space. That
discussion will include an update on efforts to find another day care operator to take over the
space, as well as next steps.
Evening Session Briefs
Council members present: Armour, Arnett, Foley, Ford, Jewett, Kurz, Navas
--Citizen Participation
There was no citizen participation.
--Vail Valley Marketing Board Appointment
The Council voted 7-0 to appoint Sandra Sage to serve on the Vail Valley Marketing Board for a
term to expire in December 2000. Sage is corporate director of sales and marketing for East
. West Resorts.
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Vail Town Council Highlights/March 16, 19991Add3
--Art In Public Places Board Appointments
The Council voted 7-0 to reappoint Sherry Dorwood, George Lamb and Kyle Weber to the Art In 4F
Public Places Board. The new terms expire in April 2002.
--Supplemental Appropriation
The Council voted 6-1 (Foley against) on second reading of an ordinance to provide a $4.3
million supplemental to the 1999 budget. Most of the appropriation represents projects
budgeted in 1998, but not yet completed. In addition, the supplemental reflects a $1 million
expense for the town's affordable housing buy -down program to be offset by revenues of the
same amount. An additional $80,000 was added during second reading to cover the cost of
additional radios to complete the conversion of the 800 MHZ system for emergency services. In
voting against the measure, Councilman Kevin Foley said the town should be held more
accountable in spending its money.
--Lionshead Code Modifications Ordinance
The Council voted 7-0 to approve an ordinance on first reading to implement the newly -approved
Lionshead Maser Plan by creating two.mixed use zone districts in Lionshead. The ordinance
reflects modifications made previously by the Council to more closely mirror permitted and
conditional uses currently allowed within Lionshead under the Commercial Core II zone district.
For more information, contact Dominic Mauriello in the Community Development Department at
479-2148.
--Lionshead Rezoning Ordinance
The Council voted 7-0 on first reading to approve a modified ordinance that rezones areas of
Lionshead from Commercial Core II to "Lionshead Mixed Use 1" and "Lionshead Mixed Use 2"
to reflect implementation of the Lionshead Master Plan. However, due to concerns expressed
earlier in the day regarding the appropriateness of extending the rezoning to the Vail
International and Lodge at Lionshead properties, the Council excluded the two parcels from the
ordinance and authorized staff to meet with representatives from the two properties for
continued discussions. During deliberations, the Council heard from Town Attorney Tom
Moorhead, who said the town has the authority to rezone properties without the consent of
property owners so long as the rezoning is reasonable and for the common good of the
community. Also speaking yesterday was Jim Miller, representing the Lodge at Lionshead, who
listed a series of concerns regarding the rezoning ordinance as well as other elements of the
Lionshead Master Plan. Jim Lamont of the East Village Homeowners Association asked for
resolution of several issues, including conditional uses for lodging on the first floor of structures,
time share, public notice, impact fees and parking zone districts, while Joe Staufer said the
changes would encourage too much commercial at the expense of lodging, however, admitting
that he had not read the ordinances in question. For more information, contact Dominic
Mauriello in the Community Development Department at 479-2148.
--Code Modification to Exempt PEC Member from Serving on DRB
The Council voted 4-3 (Foley, Armour, Navas) to approve first reading of an ordinance that
would remove a Town Code provision requiring a Planning and Environmental Commission
member serve as the fifth member of the Design Review Board. The change was suggested by
members of the PEC who have said the amount of time necessary to attend both the PEC
meetings and the DRB meetings was excessive and difficult for working professionals. During
discussion, Diana Donovan, who served 14 years on the PEC, said it was important to keep a
PEC member on DRB during reviews of major projects. Council reaction was mixed. Ludwig
Kurz noted the current difficulty in recruiting community members who have the time to serve on r
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Vail Town Council HighlightslMarch 16, 19991Add4
town boards. He also noted ways in which the PEC could interface with the DRB without a
structured ordinance. Bob Armour described how the overlap can be useful in flagging
unapproved changes that might slip through the cracks between one board and the other.
Michael Arnett said the overlap was useful to the DRB at times, but when it came time for
transition to a new member, this became difficult as the transitions were occurring at the same
time major project reviews were coming to an end. Sybill Navas, who noted the value of cross
communications, reiterated a suggestion made previously in which the town would recruit an
individual who has time to serve full-time on both boards.
--Emergency Ordinance to Extend PEC and DRB Terms to June 30
The Council voted 7-0 to approve an emergency ordinance to extend the terms of the PEC and
DRB members to June 30 or until new appointments are made. The extension was necessary
due to the lack of current applicants. A recruitment campaign is currently underway with
applications due March 31. For additional details, please see work session briefs.
--Miller Ranch -Berry Creek Intergovernmental Agreement
The Council voted 6-1 (Jewett against) to approve the Intergovernmental Agreement between
the Eagle County Recreation Authority and the Eagle County School District for the Miller Ranch
and Berry Creek Fifth properties. This, after the Council voted 4-3 to defeat the IGA at its March
3 meeting. During discussion, Councilman Bob Armour reiterated concerns about the possibility
for on -going cost -sharing expenses associated with the property. In response, Town Attorney
Tom Moorhead indicated the IGA does not authorize the building of infrastructure or the
expenditure of funds. In addition, he said the town will continue to have veto power in future
decision -making. Representing the School District, planner Tom Braun gave examples of cost -
recovery scenarios for utilities and other infrastructure costs that could be shared by the school
district. Also yesterday, the Council heard from John Canning of East Vail who questioned the
appropriateness of a mixed use development on the site. He also asked if funds to acquire the
property came from Vail's Real Estate Transfer Tax. In response, Town Manager Bob McLaurin
said bonds were used to make the purchase. Councilman Michael Jewett suggested the
paperwork on the property's financing be made available for public inspection.
--Town Manager's Report
In his Town -Manager's Report, Bob McLaurin noted the Council may wish to consider increasing
the Holy Cross Energy franchise fee from 3 to 4 percent. This would generate about $100,000
annually to the town and would comply with all provisions of the Tabor Amendment.
Also, McLaurin complimented Russell Forrest, Community Development Director, for his work in
organizing a just -completed environmental conference. McLaurin said the work will lead to
improved collaboration between the ski industry and mountain communities across the country.
UPCOMING DISCUSSION TOPICS
March 23 Work Session
PEC/DRB Review
Discussion of City Market/Bright Horizons Space
April 6 Work Session
Discussion of Arosa/Garmisch Housing Replatting/Rezoning
Interview for 3 PEC Positions
Interview for 2 DRB Positions
Discussion of Model Traffic Code
Vail Town Council Highlights/March 16, 1999/Add5
April 6 Evening Meeting
Appointment of 3 PEC Members 00
Appointment of 2 DRB Members
First Reading, Arosa/Garmisch Housing Replatting/Rezoning
Second Reading, Lionshead Code Amendments
Second Reading, Lionshead Rezoning
Second Reading, Modify Code to Exempt PEC Member from Serving on DRB
April 13 Work Session
PEC/DRB Review
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