HomeMy WebLinkAbout1999-04-20 Town Council MinutesVAIL TOWN COUNCIL - MINUTES
. TUESDAY, APRIL 20, 1999
7:00 P.M.
The regular meeting of the Vail Town Council was held in the Town Council Chambers on
Tuesday, April 20, 1999. The meeting was called to order at approximately 7:00 P.M.
COUNCIL MEMBERS PRESENT:
COUNCIL MEMBERS ABSENT:
STAFF MEMBERS PRESENT:
STAFF MEMBERS ABSENT:
Rob Ford, Mayor
Ludwig Kurz, Mayor Pro-Tem
Michael Arnett
Michael Jewett
Sybill Navas
Bob Armour
Kevin Foley
Pam Brandmeyer, Assistant Town Manager
Bob McLaurin, Town Manager
Tom Moorhead, Town Attorney
The first item on the agenda was Citizen Participation. There was no citizen participation.
Prior to going to the next agenda item, Mayor Rob Ford explained that the applicant for agenda
• item number four, regarding the Marriott, has requested first reading of Ordinance No. 10,
Series of 1999, be tabled to the next meeting of May 4, 1999. The applicant wants to meet with
concerned citizens and neighbors and members of the Design Review Board prior to the next
meeting. Chuck Madison, representing the Marriott, will be available to speak to anyone about
the concerns prior to the May 4, 1999 meeting.
Council member Mike Arnett made a motion to table Ordinance No. 10, Series of 1999 to the
Town Council meeting of May 4, 1999; Council member Sybill Navas seconded the motion. A
vote was taken and the motion passed unanimously, 5-0.
The second item on the agenda was a Presentation of Vail Youth Recognition and Vail Valley
Youth Ambassador Awards.
Mayor Rob Ford presented the 1999 Vail Youth Recognition Award to Laura Haslee of Battle
Mountain High School and Whitney Hopkins of Vail Mountain School. Each student received
the award, as well as a $1,000 college scholarship.
Mayor Ford also presented the 1999 Vail Valley Youth Ambassador Award to Emily Sargent of
Battle Mountain High School and Jared Staber of Vail Mountain School. Each student received
the award plus airfare to and from Mt. Buller, Australia, plus $500 each in traveling expenses.
Mt. Buller is Vail's sister resort in Australia.
0 1 Vail Town Council Minutes April 20, 1999
The third item on the agenda was a slide presentation to illustrate the existing development
• standards of properties in the Public Accommodation (PA) Zone District.
Mayor Rob Ford said the community could contact the Town offices to add their comments or to
as questions about this item.
George Ruther, Town Planner, stated Tom Braun gave a slide presentation to the Planning and
Environmental Commission (PEC) at their March 8, 1999 meeting. The slide presentation
illustrated the various impacts of each of the development standards (setbacks, site coverage,
landscaping, etc.) on the development of a site in the Public Accommodation Zone District. The
applicant anticipates going to the PEC on May 24, 1999. Staff believes that the slide
presentation will be informative to the Council and the community. He handed out development
statistics to the Town Council and made copies available to those present in the audience.
Tom Braun, an independent planning consultant, gave a brief slide presentation to the Town
Council and explained how this impacts the PA Zone District regulations. He said the proposed
changes would add qualitative components to the PA zone district along with the quantitative
elements. He focused on PA sites in Vail Village, explaining the PA details of each site, starting
west going east. The formal review process will begin with the PEC in May, and then coming
before the Town Council in June or July.
Mayor Rob Ford explained that various properties in Vail Village have undergone rezonings
through the Special Development District (SDD) process in the past. Over the years SDD's
have been allowed. There is not a lot of cohesiveness or similarities in projects that have been
• approved over the years. He said this effort to amend the code is to codify what has been
taking place over the years, to put the process in writing so the developers and the community
around them will know what can be built. He said this item would go to the PEC on May 24,
1999.
Jim Lamont, representing the East Village Home Owner's Association (EVHOA), stated some of
the members of this association who are in the room may want to speak to the Council also.
He said there are concerns with this proposal. Some neighborhoods seem to have general
consensus that prior to any density increases, other concerns need to be addressed first. The
EVHOA has been critical of some of the proposals in the past. There are more than just PA
zoned properties that would be affected by this Ordinance. The affects on other properties and
the compatibility with these properties must be addressed. He said the EVHOA wants equal
treatment between PA properties and other zone districts. He asked how do you solve other
problems first before addressing density issues. He said the Vail Village Master Plan identifies
sites that have changed the zoning through the SDD process and wants the Vail Village Master
Plan used as the guide for future changes. He said the last thing we want to show the world is
growth for growth's sake. He said that growing for a purpose such as staying competitive and
still recognizing the value of what was built in Vail Village doesn't mean to destroy it to save it.
He voiced there are certain sites that could take redevelopment such as the Chateau at Vail
and the Vail Village Inn, but to cast all PA properties into same mold is a mistake. He also said
the public notice system needs to change also. Currently the process only requires that public
notice be mailed to the manager of an adjacent property. When you change Vail Village
significantly, it would be better to communicate with all property owners on individual unit by
unit basis. This would help build trust between all parties, there needs to be better rapport
02 Vail Town Council Minutes April 20, 1999
between the town and the community. He said if anyone could do this, this Council could.
• Mayor Rob Ford thanked Jim for thinking this Town Council can solve a problem that has been
around for 30 years.
Diane Milligan, the manager of the Ramshorn Condominiums, read a letter from the President
of the Board regarding the Public Accommodation issue. The association is opposed to the
proposed changes. They are not opposed to change but the changes need to be carefully
planned and reviewed on a case by case basis. If there are changes in the PA zoning, there
will be no going back and the impacts may be irreversible to smaller properties.
Carol Allman, the manager of the Galatyn Lodge, agreed with Jim Lamont and said there is a
necessity to solve other concerns first before solving the density issues. She said there is a
need to improve a lot of things in the Village, but bigger is not always better. She stated that
giving more or less blanket approval to developers is not a good thing. Going through the
lengthy approval process is the only way affected properties can have an opportunity to have a
voice in the process. She said she doesn't want Vail to start looking like Beaver Creek with little
to no landscaping. She doesn't want the character of the Village to change.
Steve Rosenthal, owner of a store in the Village, said the Council has a very difficult task
ahead. He said the number one false statement is that nothing is broken. He stated the sales
tax revenue is down and there is a need to find a way to increase revenues. He feels there is a
need to take care of the primary issue of more beds in the Village, and the other issues can be
taken care of later. He stated that Beaver Creek revenues are up and if the trend continues
Alft there will be no reason for people to come to Vail. He said if Vail doesn't react to the situation,
the town will not survive. The trend of decreased sales revenue will continue if the Town
Council doesn't react. He said he doesn't think the Frontage Road developments should have
any restrictions. He said the money will come from the tourists and accommodations need to
be addressed immediately.
Mayor Rob Ford explained that over 50% of the revenues come from sales tax revenue.
Carol Allman, said there is an interesting statistic she found. Aspen Ski Resort runs the ski
mountain only, and the skiing statistics were down 20% but the sales tax revenue was up 56%.
She said this is food for thought and to not blame it on the mountain.
The fourth item on the agenda was first reading of Ordinance No. 10, Series of 1999, an
ordinance repealing and re-enacting Ordinance No, 17, Series of 1995, Special Development
District No. 7, The Marriott's Mountain Resort at Vail, amending and re-establishing the
Approved Development Plan in accordance with Section 12-9A-10 of the Zoning Regulations to
allow for the interior and exterior remodel of the existing hotel and the construction of the Gore
Creek Club, and setting forth details in regard thereto.
This item was Tabled to the May 4, 1999 meeting (see item after citizen participation)
0 3 Vail Town Council Minutes April 20, 1999
• The fifth item on the agenda was first reading of Ordinance No.11, Series of 1999, an
ordinance repealing and re-enacting Ordinance No. 23, Series of 1998 and Ordinance No. 1,
1999, to provide for amendments to Development Area A, Cascade Village, that concern the
Approved Development Plan for the Westhaven Condominiums Development Site and the
accessory and conditional uses allowed in the Vail Cascade Club & Hotel, and setting forth
details in regard thereto.
The Town Council reviewed the ordinance at their afternoon work session.
George Ruther, Senior Town Planner, stated on January 11, 1999, the Planning &
Environmental Commission (PEC) reviewed and recommended approval of a major
amendment to Special Development District No. 4 to allow for the construction of eleven
fractional fee club units, seventeen accommodation units and twenty-one employee housing
units on the site of the "Ruins". George said the changes were listed on page 5 of the
memorandum of January 11,1999. He stated there are eleven conditions of approval by PEC,
which included a condition that if the applicant did not build on the site, the "Ruins" would have
to be removed. The applicant will have to post a bond with town to provide for this condition.
Further discussion ensued.
Council member Ludwig Kurz asked George to clarify the number of parking spaces. He said
this development should have 74 on -site parking spaces and the project only has 52. What
happened to the other spaces?
10 George stated the fractional fee units were reviewed comparable to accommodation unit
requirements which allowed for less parking spaces.
Council Member Ludwig asked if the bond of 125% to demolish the "Ruins" would bring the site
back to natural landscape, including revegetation of the site and removal of the concrete on site
now.
George said staff could amend the ordinance to read restore and revegetate as well as remove.
Council member Sybill Navas asked if the landscaping included the parking lot area.
George stated that it doesn't include parking lot area.
Council member Sybill Navas asked about the parking pay -in -lieu.
George said one of the options is a pay -in -lieu for parking not on -site. He said the EHU`s are all
one bedrooms on the first floor.
Carol Hymers, representing the Glen Lyon Homeowners Association, requested the wording on
the bond be added per the previous discussion with Council member Ludwig Kurz.
George reiterated the developer would either establish a letter of credit with a bank in Eagle
County or with the Town of Vail.
0 4 Vail Town Council Minutes April 20, 1999
•
Council member Mike Arnett made a motion to approve Ordinance No. 11, Series of 1999 on
first reading, and Council member Ludwig Kurz seconded the motion.
Further discussion ensued.
Council member Mike Jewett stated the updated plans didn't get reviewed by Council or from
the audience prior to this evening and asked if there were any reasons for the community to
review the plans.
George Ruther stated this item has been before the community no less than 12 times prior to
coming before Town Council and the plans have not changed significantly.
Council member Mike Arnett said the PEC and DRB did an outstanding job of bringing this
project to fruition and the project is better than it was in 1995.
Council member Sybill Navas asked about the parking plan.
George said the parking plan has 37 enclosed spaces and 15 exterior spaces.
Council member Sybill Navas said she wants to make sure the parking is correct and supports
the PEC recommendation on parking.
Council member Ludwig Kurz requested that the motion be amended to add the wording to
condition #10 to add revegetation and removal of the concrete to the condition.
Council member Mike Arnett amended his motion to include the modification on condition #10
and was seconded by Council member Ludwig Kurz. A vote was taken and the motion
passed, 4-0. Council member Sybil! Navas did not vote. Council member Mike Jewett said
Council member Sybill Navas couldn't abstain from voting.
Referencing the Town Charter (Section 4.7 — Voting: Any member refusing to vote when not so
required by this paragraph, shall be deemed delinquent in his duties and an affirmative vote
shall be cast and recorded in his name.), it was acknowledged Navas was not being delinquent,
but more accurately, was not ready to cast her vote because of a clarification and subsequent
amendment to that motion. Because the motion had already been voted upon, the motion
could not be amended at this point and passed 5-0.
Because a motion to reconsider the previous motion was not made at this time, Pam
Brandmeyer, Assistant Town Manager, suggested Council revisit the wording in the ordinance
to be clarified upon second reading of the ordinance. Council agreed.
The sixth item on the agenda was second reading of Ordinance No. 7, Series of 1999, an
Ordinance Annexing An Area Commonly Known As Arosa/Garmisch, And Setting Forth Details
In Regard Thereto.
0 5 Vail Town Council Minutes April 20, 1999
Russell Forrest, Community Development Director, stated this is the second reading of the
ordinance. There is an addition to the ordinance adding an easement. The employee housing
and park will be developed simultaneously, as part of the same development plan.
Council member Ludwig Kurz made a motion to approve Ordinance No. 7, Series of 1999 on
second reading, and Council member Sybill Navas seconded the motion. A vote was taken and
the motion passed unanimously, 5-0.
The seventh item on the agenda was second reading of Ordinance No. 8, 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; Applying Zone District Designation To A
Portion Of Unzoned Property Previously Owned By The United States Forest Service And
Transferred To The Town Of Vail Pursuant To The Land Ownership Adjustment Agreement
And Annexed By Ordinance No. 7, Series Of 1999 To Outdoor Recreation (Or) District, Section
12-8b For Property Generally Located On The North Side Of Arosa Drive, And Abutting 2497
And 2487 Garmisch To The East And The Town Manager's House To The West More Fully
Described As An Unplatted Portion Of The SE'/4, SE V4, SE'/, SW %4 Of Section 11, Township
5 South, Range 81 West.
Russell Forrest, Community Development Director stated the added land that would go into
outdoor recreation zoning. He said there would be an Open Space Committee meeting on April
30, 1999 at 9:00 a.m. to develop its recommendations to the Town Council.
. Council member Sybill Navas made a motion to approve Ordinance No. 8, Series of 1999 on
second reading, and Council member Mike Arnett seconded the motion. A vote was taken and
the motion passed unanimously, 5-0.
The eighth item on the agenda was second reading of Ordinance No. 9, Series of 1999, an
ordinance rezoning four tracts from primary/secondary to residential cluster located at 2497,
2487, 2485 and 2477 Garmisch Drive, also known as Lots 1, 2, 3 and 4, Block H, Vail Das
Shone, Filing No. 2.
Russell Forrest, Community Development Director stated there were no changes from the first
reading of this ordinance.
Council member Sybill Navas asked what level of permanence was there on the easement.
Russell said the easement would go with the land in perpetuity and is not subject to change per
the Town Attorney, Tom Moorhead.
Council member Mike Arnett made a motion to approve Ordinance No. 9, Series of 1999 on
second reading, with conditions of any replatting, and a public easement be added, and Council
member Sybill Navas seconded the motion. A vote was taken and the motion passed
unanimously, 5-0.
The ninth item on the agenda was the Town Manager's Report. There was nothing further to
report.
is 6 Vail Town Council Minutes April 20, 1999
Council member Mike Arnett offered the community's sympathy and condolences to the victims
and families of Columbine High School in Littleton, Colorado.
As there was no further business, a motion was made by Council member Mike Jewett to
adjourn the meeting and Council member Ludwig Kurz seconded the motion. A vote was taken
and the motion passed unanimously, 5-0.
The meeting was adjourned at 8:30 p.m.
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Vail Town Council Minutes April 20, 1999
• Tuesday, April 201999 WORK SESSION MINUTES
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 April 20, 1999. All members were present with the exception of Bob Armour.
l . Item No. 3, Ford Park Playground Rehabilitation. Todd Oppenheimer made a
presentation outlining work that must be done at the tot lot location in the lower bench of Ford
Park that related to ADA improvements, the Consumer Product Safety Commission and the
American Society for Testing Materials that sets playground safety guidelines, replacing
equipment and repairs. The total estimated cost is $94,300, with a scheduled construction start
up for the summer of 1999. After reviewing three opportunities for improvements, Council
selected Option 2, which was to combine purchased/constructed equipment with artistic elements
such as cut boulder seating or wooden figures. Construct and on -site built "bouldering" wall
with artistic hand holds and relief carving on the facade. Examples of this option can be seen at
the Denver Zoo, the Denver Children's Museum and Mammoth Mountain Ski Area. The total
cost was estimated to be $244,800, which included the "must do" work of $94,000. A motion
was made by Sybill with a second by Kevin Foley to approve Option 2 and to include a full
. basketball court as well as cap the total overall expense at $250,000. A vote was taken and the
motion passed 5-1, Mike Jewett in opposition. At a later part of the meeting Mike Jewett asked
the Council to reconsider his vote, explaining he had not yet heard the discussion on Matterhorn
and the Donovan Park issues and had that discussion occurred first he would have voted in favor
of the Ford Park rehabilitation. The Council acquiesced to his request so the final vote was 6-0
in favor of Option 2 for the lower bench of Ford Park.
LJ