HomeMy WebLinkAbout2003-08-19 Town Council Minutes• VAIL TOWN COUNCIL
Jyening Meeting
Tuesday, August 19, 2003
6:00 P.M.
•
The regularly scheduled Vail Town Council meeting was called to order at 6:00 P.M. on
Tuesday, August 19, 2003 by Mayor Ludwig Kurz.
MEMBERS PRESENT: Mayor Ludwig Kurz
Rod Slifer, Mayor Pro -Tern
Dick Cleveland
Diana Donovan
Bill Jewitt
Greg Moffet
Chuck Ogilby
STAFF PRESENT: Pam Brandmeyer, Interim Town Manager
Matt Mire, Town Attorney
The first item on the agenda was Citizen Participation.
Lou Meskimen shared his observations about I-70 noise issues, which was a common complaint
during the recent town -sponsored picnic at Bighorn Park, he said. Noting that signs have been
installed at the Genesee Hill and Georgetown areas reminding truckers that engine brake
mufflers are required, Meskimen suggested installation of similar signs in Vail.
Councilmembers informed Meskimen that a sign has been recently installed at mile marker 180
in East Vail. Two additional suggestions were offered by Meskimen. One is to circulate a
petition to request the speed limit on I-70 be lowered through Vail. The second is to increase
noise enforcement along I-70 in Vail either by the Sheriffs Office, the Vail Police Department or
the Colorado State Patrol. Lastly, Meskimen suggested use of the Golf Course Clubhouse
parking lot for ski season parking.
Al Martens, owner of a unit in the Scorpio Condominiums at 131 West Meadow Dr., distributed
pictures to the Town Council illustrating the impact to his property that will result from
construction of the Four Seasons resort. Martens said the project would block his views.
The second item on the agenda was the Introduction of New Town of Vail Manager.
Mayor Ludwig Kurz introduced Stan Zemler as Vail's new Town Manager. Zemler will begin
• full-time employment with the town on Oct. 6. Kurz said the hiring of Zemler represents one of
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• the more far-reaching decisions of the Town Council. He thanked Human Resources Director
John Power for his assistance as well as the entire town staff for their hard work during the
search process. In particular, Kurz thanked Interim Town Manager Pam Brandmeyer for
"holding it all together." He then read a passage from an editorial in the Boulder Daily Camera
as follows: "We can't deny that Zemler and Vail are a good match. The community offers
an outlet for his knowledge of environmental and economic issues, a great setting for his love of
the outdoors, and a new management challenge. Whether Stan Zemler spends the rest of his
working life in Vail, moves on to another assignment or finds his way back to this area, the
community will be better off for his service. Boulder certainly is." In welcoming Zemler to Vail,
Kurz also thanked members of a citizens committee who assisted in the interview process.
Zemler said he was grateful for the opportunity to be in Vail and he looked forward to the
challenges ahead.
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The third item on the agenda was Vail Valley Foundation Funding Request for the 2009 World
Alpine Ski Championships. Councilmembers offered support to a request by Ceil Folz of the
Vail Valley Foundation to provide a contribution of $800,000 over a 4-to 5-year payment period
as well as in -kind services associated with hosting three World Championships simultaneously in
2009 (Alpine, Freestyle and Snowboard). Venue decisions by the International Ski Federation
will be made next June 5. Throughout the summer and fall, Folz said she has been contacting key
government and community groups and has received support and encouragement to bid on the
events, which are projected to have an economic impact of over $30 million locally. Folz
provided a handout that summarizes results from the 1999 World Alpine Ski Champions as well
as other advantages in pursuing the championships in 2009. Following Council's informal
approval of the request, Mayor Ludwig Kurz distributed a draft letter addressed to the
International Ski Federation offering the town's endorsement of the Vail Valley Foundation's bid
for the 2009 championships.
The fourth item on the agenda was Review of Contribution Requests. Greg Moffet moved to
table the item to the September 2, 2003 meeting. Dick Cleveland seconded the motion. The
Council voted 7-0 to table this item to the Sept. 2 meeting.
The fifth item on the agenda was Housing Enforcement Discussion. After reviewing current
policies and additional options that would strengthen town enforcement measures to ensure
occupancy of employee housing units (EHU) within the town, the Council directed staff to
pursue three initiatives as follows: 1) establish a process to verify annual tenant information
which is provided by the property owner during an annual affidavit process required by the town;
2) require properties to update older deed restrictions to the most current one when a
significant building permit is applied for; and 3) encourage and publicize aggressive enforcement
efforts. A fourth option, to revise the current deed restriction to provide more stringent
enforcement efforts, was deemed to be unnecessary by the Council due, in part, to the small
number of dispersed employee housing units that have been created since the last enforcement
update to the EHU ordinance in 2000. Since then, only 7 units have been created, which
prompted Steve Lindstrom of the Vail Local Housing Authority, to suggest the need for
increased incentives by the town, such as allowing an owner to "buy-out" their deed restriction at
fair market value. Councilman Bill Jewitt suggested exploration of a housing -in -lieu fee in
exchange for additional square footage in a home. However, with the town's acquisition of the
• Timber Ridge apartments and construction now underway for rental units at Middle Creek,
several Councilmembers, led by Greg Moffet, said the town has done much in the last six months
to address the need for smaller units. Instead, Moffet said he'd prefer to look for ways to create
incentives to provide larger housing units for families. The enforcement discussion was
requested by Councilmember Diana Donovan who has often said there are "flagrant abuses"
throughout town by owners who leave the units empty or use the space for purposes other than
employee housing. Anyone found to be in violation of the EHU ordinance faces a penalty of
up to $999 per day of violation and up to 180 days in jail. Earlier during the discussion, Vail
Housing Coordinator Nina Timm explained the town has varying degrees of enforcement ability,
due to updates of the EHU ordinance in 1992, 1994 and 2000. While there are 441 approved
EHUs within the town, 254 of those do not require the units to be occupied, according to the
town's interpretation of the ordinance in place at the time of approval. During the public
comment period, Kaye Ferry said she explored putting an EHU in her home and found it to be a
cumbersome process with no additional benefit to the property owner. She said she agreed with
Greg Moffet's observations and encouraged the town to explore affordable housing opportunities
for families.
The sixth item on the agenda was the Second Reading, Four Seasons Special Development
District. Greg Moffet moved to table second reading of an ordinance to allow for the
redevelopment of the Chateau at Vail and the Vail Amoco site. Rod Slifer seconded the motion.
At the applicant's request, the Council voted 7-0 to table the item. The ordinance was tabled to
Sept. 16 to address conditions of approval as they relate to off -site improvements and a
• memorandum of understanding with the Town of Vail regarding public
improvements. The applicant, Nicolet Island Development, Inc., proposes to build a Four
Seasons Resort to include 118 accommodation units, 22 condominiums, 34 employee housing
units, retail and restaurant uses, conference and meeting rooms and a spa and health club. The
ordinance was approved on first reading May 6. Prior to the vote to table the matter for the third
time, Councilman Dick Cleveland expressed frustration in the inability to resolve the issues. In
response, T.J. Brink of the development company, said he's continuing to work with a
representatives from Nine Vail Road to find solutions to accommodate a request for additional
parking spaces for the condominium property to satisfy an arrangement that occurred when the
two properties were built. Councilman Greg Moffet encouraged the two parties to work out a
compromise.
The seventh item on the agenda was the Second Reading, Rezoning of Alpine Standard's
Property. Greg Moffet moved to table second reading of an ordinance to rezone the Vail Amoco
site from the Heavy Service zone district to the Public Accommodations zone district. Dick
Cleveland seconded the motion. The Council voted 7-0 to table the ordinance to September 16.
The eighth item on the agenda was the Second Reading, Conveyance of Property to Eagle River
Water and Sanitation District. Greg Moffet moved to approve second reading of an ordinance
conveying two parcels of land to the Eagle River Water and Sanitation District. Bill Jewitt
seconded the motion. The Council voted 7-0 to approve second reading. Town Attorney Matt
Mire explained the additional parcels are required to enable the Eagle River Water and Sanitation
District to expand its plant.
• The ninth item on the agenda was the Second Reading, Amendment of Town Code to Define
Terms used in Determination of Building Height. Dick Cleveland moved to approve a second
reading of an ordinance amending the town code as it addresses height calculations for primary
roof ridgeline, primary roof, dormer and interpolated glade. Bill Jewitt seconded the motion.
The Council voted unanimously, 7-0 to approve the motion. The changes clarify building height
calculations and address questions that have surfaced regarding properties in the Lionshead
Mixed Use Zone Districts. The amendment preserves previous policies for building height in
Lionshead which is 71 ft. for the average maximum height of any building and 82.5 feet as the
absolute maximum height of any building.
The tenth item on the agenda was the Discussion to Participate in Joint Study to Explore
Consolidated Fire and Emergency Medical Service. Greg Moffet moved to direct the interim
town manager to decline participation in a joint study to explore consolidated fire and
Emergency Medical Service. Bill Jewitt seconded the motion. The Council voted 7-0 to
approve the motion. In making the motion to decline, Councilman Greg Moffet noted the town
is already actively discussing consolidation with the Eagle River Fire Protection District. He
suggested that an additional study on yet another consolidation would muddy the issue.
The eleventh item on the agenda was the Town Manager's Report. During a review of the Town
Manager's report, Councilmembers asked for additional background information as it relates to
the town's application for a Treasurer's Deed to acquire 6.36 acres of land north of Cortina Lane.
Community Development Director Russell Forrest said the property was designated as a high
• priority acquisition in the 1994 Open Lands Plan. Also, after reviewing an update on
enforcement provisions of the town's false alarm ordinance, Councilmembers directed Fire Chief
John Gulick and his department to issue a summons to repeat offenders when education fails to
achieve the desired results. For additional information, contact Town Attorney Matt Mire at
479-2107.
As there was no further business, Greg Moffet motioned to adjourn. Bill Jewitt seconded the
motion. A vote was taken and the motion passed unanimously, 6-0.
ATTEST:
L1Qr�ei D naldson, Town Clerk
is
Respectfully submitted,
ti
Ludwig Kurz, ayor