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HomeMy WebLinkAbout1999-03-02 Town Council Minutes00 ICJ 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) ti 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 (more) ��� RECYCLED PAPER Add 1/TOV Council Highlights/3-2-99 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 (more) Add 21TOV Council Highlights/3-2-99 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. (more) Add 3/TOV Council Highlights/3-2-99 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. (more) ti ti Add 4/TOV Council Highlights/3-2-99 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