HomeMy WebLinkAbout1999-03-02 Town Council Minutes00
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MINUTES
TOWN OF VAIL COUNCIL MEETING
TUESDAY, MARCH 2, 1999
The evening meeting of the Vail Town Council was called to order at 7:00 P.M. on Tuesday, March 2,
1999,
MEMBERS PRESENT:
STAFF MEMBERS PRESENT:
Rod Ford, Mayor
Ludwig Kurz, Mayor Pro -tern
Bob Armour
Michael Arnett
Kevin Foley
Michael Jewett
Sybill Navas
Bob McLaurin, Town Manager
Pam Brandmeyer, Assistant Town Manager
Tom Moorhead, Town Attorney
The least item on the agenda was Citizen Participation. Scott Magoun, a former Town of Vail bus driver,
addressed the Council regarding a small claims suit that had been Bled against him by the Town. He stated
he was under the impression the Town had been paid by their insurance company for the damage caused,
and was questioning his being sued for the damages as well. Town Attorney Moorhead stated the issue
would be investigated and Mr. Magoun should arrange a meeting with the Town Manager.
Also under Citizen Participation, Anne Esson, representing the Vail Tomorrow expanded housing team,
addressed the Council, expressing their strong support to build rental seasonal housing on the Mountain
Bell site, as well as the possibility of a fire station located on that site. Other supporters addressing the
Council in favor of seasonal housing were Farrow Hitt, Steve Rosenthal, Carol and Paul Hymers, Dennis
Jones, Sally Jackie, and Kaye Ferry. The group also expressed their interest in being involved in the
development of this parcel, stating it had the least impact on surrounding neighborhoods and was not
purchased with real estate transfer tax money. Kaye Ferry urged the Council to move quickly on the
development of this site, with anticipated occupancy by fall of 1999. Mayor Ford stated a public process
would be implemented within the next 30 to 45 days to consider both this site and a possible site on
Spraddle Creek for the addition of a fire station. He thanked the group for their interest in this site.
The second item on the agenda was the consent agenda for minutes of the February 2 and 16, 1999, Sybili
Navas made a motion to approve the minutes and Bob Armour seconded the motion. A vote was taken and
the motion passed unanimously 7-0.
The third item on the agenda was the first reading of Ordinance 42, Series of 1999, an ordinance 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. Steve Thompson, Finance Director, presented the
ordinance to the Council, stating that the purpose of this ordinance was to roll forward any unspent funds
from these specific groups to finish projects in 1999. Charles Bernhardt questioned whether the RETT
fund was shown in a separate account. Steve Thompson stated that it was shown as a separate fund so that
expenditures were shown more easily in the future. After some discussion, Bob Armour made a motion to
approve Ordinance #2, Series of 1999, on first reading and Ludwig Kurz seconded the motion. A vote was
taken and the motion passed unanimously, 7-0.
The fourth item on the agenda was the first reading of Ordinance #3, Series of 1999, an ordinance
amending Title 12, Zoning Regulations, relating to the Lionshead Master Plan. Dominic Mauriello, Chief
of Planning, presented the ordinance to the Council, stating that after the presentation to the Council at the
afternoon worksession, the ordinance had changed dramatically, and wished to postpone the first reading to
the March 16"' meeting. Discussion followed, with comments from Jim Lamont, East Village Homeowners
Association, regarding notification of property owners in Lionshead of proposed changes, rezoning, and
timeshare issues. Dave Corbin, representing Vail Associates, also addressed the Council, regarding
conditional uses for the redevelopment in the west end considered by Lionshead mixed uses district. After
further discussion, Councilmember Mike Jewett made a motion to table the ordinance and Kevin Foley
seconded the motion. A vote was taken and the motion passed unanimously, 7-0.
The fifth item on the agenda was the first reading of Ordinance 94, Series of 1999, the rezoning of parcels
of land to new zone districts. This item was included in the motion to table Ordinance #3, Series of 1999,
and was voted on unanimously to table until the March 16"' evening meeting.
The sixth item on the agenda was Resolution #4, Series of 1999, a resolution approving the Miller Ranch -
Berry Creek Intergovernmental Agreement. Town Attorney Moorhead presented the proposed resolution
to the Council. Discussion followed regarding water rights issues, cost -sharing, affordable housing
designations, and the need to place a conservation easement on open space parcels. After some discussion,
Councilmember Jewett made a motion to deny Resolution #4, Series of 1999, and Councilmember Armour
seconded the motion. A vote was taken and the motion passed 4-3, Councilmembers Arnett, Ford and Kurz
against the motion.
40 The seventh item on the agenda was the Town Manager Report. Town Manager McLaurin stated the
Federal Highway Administration and the Colorado Department of Transportation had approved the town's
request to construct a free right on the eastbound ramp of 1-70 at the Main Vail roundabout. McLaurin
stated the project would be bid in the next 60 days.
As there was no further business, a motion was made by Councilmember Arnett to adjourn the meeting
and the motion was seconded by Councilmember Armour. A vote was taken and the motion passed
unanimously, 7-0. The meeting was adjourned at approximately 8:10 P.M.
Respectull submitte
Robert E. Ford \
Mayor
!ul!!1!!U[llffit8klUU
Attest:
Lore i D aldson
Town Clerk
(Minutes taken by Mary A. Caster)
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WORK SESSION MINUTES
Tuesday, March 2, 1999
2:00 P.M.
Town of Vail Council Chambers
What follows will reflect motions and actions taken by the Vail Town Council at their regular
work session on March 2, 1999. All members were present with the exception of Kevin Foley
who left the meeting at 4:00 p.m. and did not take part in this vote.
Item No. 4, Information Update. A letter was presented to Council from the Alpine Garden
Foundation requesting that current dollars in the amount of $10,000, which have been held in
escrow for the construction of the Education Center, were asked to be released to finish the final
garden phase on the lower bench of Ford Park. Bob Armour moved to approve this request, with
a second from Ludwig Kurz. A vote was taken and the motion passed unanimously, 6-0. Please
see request on reverse side.
PAB/aw
Attachment
ft
Vail
`,��� Alp2y2e
Garden
Foundation
February 24, 1999
Mr. Bob McLaurin
Town Manager
75 S. Frontage Road
Vail, CO 81657
Dear Bob,
RECEIVED FEB 2 6 1S.
Since writing you in December about the use of your contribution to an Education Center as a
Friend of Betty Ford, we have had serious conversations with President and Mrs. Ford, John
Galvin, and our Board of Directors. Collectively we recognized that our plans for an Education
Center are indefinitely on hold because of circumstances beyond our control. Although this
realization is disappointing, we are inspired by the progress we have made on the Alpine Rock
Garden which will complete Betty Ford Alpine Gardens.
The Education Center we originally planned was to be constructed beneath the Alpine Rock
Garden. Because gifts to the Center were given to honor Betty Ford, we ask that you allow us to
honor her in another way by reallocating your gift to complete the final phase of her Gardens.
Of the $865,000 total cost of the Alpine Rock Garden, approximately $536,000 is needed to
complete it this summer and next spring. The balance of Friends of Betty Ford funds will be
held in trust to be used if and when it becomes feasible to launch a building. Interest from the
fund will be used to care for the Gardens and to increase their educational focus. A permanent
display will be placed in the Alpine Rock Garden recognizing you as a Friend of Betty Ford.
While President and Mrs. Ford share our concern over the repeated delays and escalating costs
we have encountered in our efforts to build the Education Center, they join in our anticipation
of the completion of this final phase of Betty Ford Alpine Gardens. (Please see the enclosed
conceptual plan and garden descriptions.) We earnestly hope you will choose to honor Betty
Ford in a way that can be accomplished much sooner. If you agree, please sign the enclosed
card granting permission to reallocate your funds. Reallocation will have no tax effect for this
or prior years. If you do not agree with this modified use of your contributions, you may
request in writing that they be returned. This would have a tax effect in the current year.
On behalf of President and Mrs. Ford and our Board of Directors, I would like to express our
deep gratitude for your generosity and patience as our garden has evolved. Betty Ford joins me
in signing this letter and thanking you for honoring her in such a special way.
Sincerely,
G
Helen S. Fritch Betty Ford
President, Board of Directors Honorary Director
"0111- florrers in the summer are as glorious as mr mota in the ruixter. "
183 GORE CREEK DRIVE • VAIL, COLORADO 81657 • 970.476.0103 • FAX 970.476.8702
Vail, Colorado 81657
970-479-2100
FAX 970-479-2157
MEDIA ADVISORY
March 3, 1999
Contact: Suzanne Silverthorn, 479-2115
Community Information Office
VAIL TOWN COUNCIL HIGHLIGHTS FOR MARCH 2
Work Session Briefs
Council members present: Armour, Arnett, Foley, Ford, Jewett, Kurz, Navas
--Luncheon with Mammoth Lakes Elected Officials
Town Council members and staff met with their Mammoth Lakes, Calif., counterparts for a lunch
and discussion at LaBotega from noon until the start of the work session. Discussions involved
a variety of topics, including: employee/affordable housing; transportation; skier days; revenue
collections, Vail's ski lift tax; zoning incentives for redevelopment; and community and guest
facilities. Although the two communities have much in common, it was also agreed that the
differing stages of development have created dissimilar problems and challenges. In addition to
Vail, the 28 member California delegation will be visiting Beaver Creek, Steamboat Springs,
Crested Butte, Keystone, Breckenridge, Aspen, and other Colorado resorts as they put together
a cross-section of their collective findings.
--Lionshead Zone Districts
During its first review of an ordinance that would create two new mixed use zone districts in
Lionshead to implement the newly -approved Lionshead Redevelopment Master Plan, the
Council directed staff to amend the draft to more closely mirror permitted and conditional uses
.within Lionshead's existing zone district, known as Commercial Core II. Those changes include
limiting permitted uses to lodging, employee housing or other residential -based units on a
building's second floor or above, while commercial -type uses would be allowed by conditional
use on those floors. Councilmembers said the change would be more reflective of Council's
goal to use the upper floors to increase Vail's bed -base. Other issues raised by Council during
yesterday's review included: the need to complete a town -wide parking analysis to determine the
future status of the parking -pay -in -lieu option and the need to review the town's provisions for
time share, fractional fee units and interval ownership. In addition, Councilmembers expressed
concern about a proposal to require applicants within the Lionshead zone districts to mitigate
direct impacts of their development on public infrastructure. As proposed, developers would be
required to help mitigate project impacts through roadway improvements, pedestrian walkway
improvements, streetscape improvements, stream tract/bank improvements, public art
improvements and other similar improvements. Jim Lamont of the East Village Homeowners
Association suggested the mitigation impacts be debated and applied townwide rather than the
• two Lionshead zone districts. While Councilmembers Michael Arnett and Sybill Navas wondered
if the mitigation requirement would discourage redevelopment, senior planner Dominic Mauriello
said the provision was intended to alert developers early -on as to possible requirements rather
than surprising developers with unforeseen conditions at the time of approval. Also, according
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to Mauriello, mitigation would be intended to be balanced with the primary goal of providing
incentives for redevelopment. Due to the extent of changes in the draft ordinance,
Councilmembers agreed to postpone first reading of the ordinance to the March 16 evening
meeting. The ordinance also will be reviewed at the March 9 work session. For more
information, contact Dominic Mauriello in the Community Development Department at 479-2148.
--Lionshead Rezoning
During a brief review of a companion ordinance that would rezone properties in Lionshead in
accordance with the Lionshead Redevelopment Master Plan, Councilmembers Sybil[ Navas and
Michael Arnett questioned the appropriateness of allowing commercial uses within the
residential areas. Also, Jim Lamont of the East Village Homeowner's Association expressed
similar points, as well as concerns for the retention of public parking and adequate loading and
delivery areas. The ordinance will be reviewed again at the March 9 work session with first
reading scheduled for the March 16 evening meeting. For more information, contact Dominic
Mauriello in the Community Development Department at 479-2148.
--Supplemental Appropriation
In preparation for the evening meeting, the Council reviewed a report from Finance Director
Steve Thompson detailing a $4.3 million proposed supplemental appropriation to the 1999
budget. All but $146,000 of the appropriation reflects projects budgeted in 1998, but not yet
completed. One of those projects, raising the Manor Vail bridge to allow improved access into
Ford Park, will be bid. However, Councilmembers asked to review the bids and associated
costs of the project before authorizing the work. Another project is construction of the free right
onto the eastbound ramp of 1-70 at the Main Vail roundabout. Mayor Rob Ford suggested
scheduling completion of the project before July 4 or later in the fall. The full appropriation was
later approved on first reading at the evening meeting. For more information, contact Steve so
Thompson at 479-2116.
--Information Update
Councilmembers were reminded of Friday's employee party to celebrate the success of the
World Alpine Ski Championships. The gathering will take place from 5 to 7 p.m. at the Dancing
Bear.
The Council agreed to accept donation of the two Vail 99 countdown clocks from the Vail Valley
Foundation. One is located at Slifer Plaza in Vail Village; the other in Beaver Creek. The
Beaver Creek clock will be relocated to the Lionshead bus stop. Both devices will be used to
communicate information about special events, road closures and other announcements.
Councilmembers were invited to join the Avon Town Council for dinner on April 1 with a time and
location to be determined.
In response to a request from the Vail Alpine Garden Foundation, the Council voted 6-0 (Kevin
Foley was absent during the vote) to redirect a $10,000 pledge originally set aside for
construction of the proposed education center. Instead, the $10,000 was authorized to be used
for the final phase of construction of the rock garden, which is now underway.
Councilman Michael Jewett explained that he had withdrawn as the Council's representative to
the Alpine Garden Board of Directors. This is because he had been offered a non -voting
position on the board, which Jewett said would be unacceptable. The Council then directed
Town Manager Bob McLaurin to appoint a staff member to serve in that capacity.
Due to complaints about a foul odor at the entry to the Vail Village parking structure, Assistant
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Town Manager Pam Brandmeyer said crews had been attempting to pinpoint and rectify the
problem, and town staff believe they have successfully achieved this.
Regarding the town's purchase of its first buy -down housing unit earlier in the week, Town
Attorney Tom Moorhead said the unit would be placed into a public lottery with deed restrictions
mirroring the restrictions established for the Vail Commons and Red Sandstone units. The
resale price will be based on parameters established earlier by Council, he said, which provides
for an average subsidy of $20,000 a piece for up to 5 units.
--Council Reports
Ludwig Kurz said the Vail Valley Arts Council has turned over operation of the annual Vail Arts
Festival to the Vail Valley Tourism and Convention Bureau. The Beaver Creek Arts Festival will
be run by the Beaver Creek Resort Company This action was taken after the Vail Valley Arts
Council folded its operations earlier in the year due to budget constraints. Assistant Town
Manager Pam Brandmeyer said the Vail Valley Tourism Bureau would likely ask the Council to
reallocate a $3,000 grant originally earmarked to the Arts Council to help fund the Vail Arts
Festival event.
In preparation for the evening meeting, Rob Ford gave an update on the Eagle County
Recreation Authority and the proposed Intergovernmental Agreement (IGA). Ford said he also
was continuing to work with the other partners in the authority to express Vail's desire to
accommodate housing for seasonal workers as part of the proposed housing mix on the
property. The IGA was later turned down by a 4-3 vote at the evening meeting.
Michael Arnett reported on his attendance at a Town of Vail -Vail Associates Community Task
Force meeting in which members attempted to articulate a vision for Vail, along with goals and
strategies. A request for a van -pooling program also was forwarded to Kevin Foley, who
represents the town on the Eagle County Regional Transportation Authority.
Evening Session Briefs
Council members present: Armour, Arnett, Foley, Ford, Jewett, Kurz, Navas
--Citizen Participation
Scotty Magoun, a former Town of Vail bus driver, appeared before the Council to inquire about
the status of a small claims suit the town had filed against him, and later dropped. Mayor Rob
Ford encouraged Magoun to schedule a meeting with the town manager.
Next, Anne Esson, representing a group described as the Vail Tomorrow expanded housing
team, offered the group's support to place seasonal housing on the town -owned Mountain Bell
site north of the Main Vail roundabout, as well as other compatible uses such as a fire station.
She asked the Council to fast -track the project so ground could be broken later in the summer.
Other citizens echoing Esson's request and expressing an interest in becoming involved in the
planning process included Farrow Hitt, Steve Rosenthal, Carol Hymers, Dennis Jones, Sally
Jackle, Paul Hymers and Kaye Ferry. Ferry said the group has agreed that the Mountain Bell
site is least controversial as a seasonal housing site, given its isolation from other
neighborhoods. In addition, she noted that Real Estate Transfer Taxes were not involved in the
•land's purchase. Ferry asked the town for a commitment to move forward with the site planning
• so occupancy could occur in the fall of 1999. In addition, Jerry Sibley asked the town to consider
relocating the ABC School and the Learning Tree day care operations to the Vail Commons
space.
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In response, Mayor Rob Ford said he'd been "knocked off his feet" by the group's eagerness to
move forward on the housing issue. He said a public process would be initiated in the next 30 4F
to 45 days to move forward with the planning. This work will follow some preliminary studies
now underway by architect Bill Pierce regarding the suitability of a site for a two -company fire
station. Pierce has been studying two possible sites: a portion of the Mountain Bell property, as
well as the Spraddle Creek trailhead site.
--Supplemental Appropriation
The Council voted 7-0 to approve first reading of an ordinance to provide a supplementation
appropriation to the 1999 budget. Please see work session briefs for details.
--Lionshead Code Changes
After summarizing the review that occurred earlier in the day at the work session, the Council
voted 7-0 to table first reading of the Lionshead code change ordinance and a companion
rezoning ordinance to the March 16 evening meeting. During the public comment period, Jim
Lamont of the East Village Homeowner's Association suggested contacting condominium
associations in Lionshead to let them know about the proposed changes. He also suggested
consideration of boundary modifications for the rezoning as well as the need to review the
parameters for time share units, fractional fee units and interval ownership. Representing Vail
Associates, David Corbin asked Council to consider adding flexibility to the list of permitted uses
rather than shifting to conditional uses. in particular, he asked that uses associated with lodges,
such as meeting rooms, conference facilities and recreational facilities, be allowed as permitted
uses on the second floor of buildings or higher (rather than conditional uses). Corbin also asked
Council to consider flexibility in defining lodging products, such as time share units and fractional
fee units. For more information, contact Dominic Mauriello in the Community Development
Department at 479-2148.
--Eagle County Recreation Authority Intergovernmental Agreement
The Council voted 4-3 (Arnett, Kurz, Ford) to reject an Intergovernmental Agreement (IGA)
between the Eagle County Recreation Authority (Berry Creek 5th) and the Eagle County School
District. The IGA had sought to convey specific properties between the two entities to allow for a
mixed use development on the adjoining parcels. But in making a motion to reject the IGA,
Councilman Michael Jewett said he's wasn't comfortable with the document in its current form.
Jewett listed issues such as cost -sharing and the need to place a conservation easement on an
open space parcel as reasons why he couldn't support the current IGA. Sybill Navas raised
issues about water rights and cost -sharing, while Bob Armour expressed concerns about the
continuation of Vail's 60 percent cost -sharing requirement. Earlier in the day, Michael Arnett had
asked if the IGA wasn't placing the "cart before the horse" because of continuing discussions
about the property's affordable housing component.
--Town Manager's Report
Bob McLaurin indicated the Federal Highway Administration and the Colorado Department of
Transportation have approved the town's request to construct a free right onto the eastbound
ramp of 1-70 at the Main Vail roundabout. He said the project would be bid in the next 60 days.
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UPCOMING DISCUSSION TOPICS
March 9 Work Session
Interview Applicants for Vail Valley Marketing Board
Interview Applicants for Planning and Environmental Commission
Discussion of A -Frame Affordable Housing Development Program
Lionshead Code Amendment and Rezoning
March 16 Work Session
Interview Applicants for Design Review Board
Interview Applicants for Art In Public Places Board
Senior Citizen Survey Mailing
Discussion of Marriott Special Development District
March 16 Evening Meeting
Appointment of Vail Valley Marketing Board Member
Appointment of Planning and Environmental Commission Members
Appointment of Design Review Board members
Appointment of Art In Public Places Board members
First Reading, Marriott Special Development District
Second Reading, Supplemental Appropriation
First Reading, Lionshead Code Amendment
First Reading, Lionshead Rezoning
March 23 Work Session
PEC/DRB Review
Discussion of Model Traffic Code
Discussion of City MarkeVBring Horizon Space