Loading...
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 (more) owRECYCLEDPAPER 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 (more) 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. (more) 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 • (more) 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 40