HomeMy WebLinkAbout1993-03-02 Town Council MinutesMINUTES
VAIL TOWN COUNCIL MEETING
MARCH 2, 1993
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, March 2, 1993, in the
Council Chambers of the Vail Municipal Building. The meeting was called to order at 7:35
P.M.
MEMBERS PRESENT: Peggy Osterfoss, Mayor
Mery Lapin, Mayor Pro-Tem
Jim Gibson
Jim Shearer
Tom Steinberg
Bob Buckley
MEMBERS ABSENT: Rob Levine
TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Assistant to the Town Manager
The first item on the agenda was Citizen Participation. Paul Johnston expressed concerns
about street congestion and blocked parking lots and driveways caused in part by truck
loading on Hanson Ranch Road in front of his establishment, the Christiania Lodge. He was
also concerned about constriction of the street created by snow storage, and felt the whole
situation would be further impacted by TOV's streetscape design. He distributed photos
depicting the areas of his concern, showing skier drop-off, pedestrians, and citizens parking
on the street, and questioned a recent change to the parking regulations there, which he felt
caused traffic and noise problems during early morning hours. He urged Council to
implement the 1968 agreement regarding Vail Associates, Inc.'s (VA) land (Lots P-3 and J).
He indicated the delay of the implementation of that agreement was affecting completion of
requirements the Christiania was supposed to meet with regard to landscaping and parking.
Mery Lapin said one of the reasons for not going forward with the original plan was that the
parties involved were still negotiating the future of that property. Mr. Johnston noted TOV
had a $50,000 letter of credit from him as his guarantee to landscape, enhance, and improve
both sides of Hanson Ranch Road. He did not feel it was logical or feasible for Council to
have him do that under the present circumstances. Again he suggested the 1968 agreement
be implemented and that a solution to the rights -of -way, the parking arrangements, and to
the final determination of the property ownership be defined. Mr. Johnston suggested it
would be appropriate for Council and the planning staff to experience first hand the problems
0 associated with regulating the traffic on the street.
Mr. Johnston next shared a photo of a 40' specimen blue spruce which had been scarred by
trucks parked on Hanson Ranch Road, and he said he would like a credit for the ruined tree
against his $50,000 letter of credit for the improvements he agreed to install as a part of his
redevelopment project.
There was discussion about the parking lot issue. Mery noted negotiations were continuing
and appeared to be getting to a point where there would be some resolution, but said it was
difficult to elaborate on a timeframe for the resolution of the issue at this time. Mr. Johnston
felt Council should contemplate a one year extension for him without his letter of credit, and
he also produced photos of the driveway at an adjacent establishment, Cyrano's, which
seemed to depict a violation of their conditional use permit. Mayor Osterfoss asked Kristan
Pritz if she was aware of that issue. Kristan was not certain about the agreement there, but
said CDD would look into and follow-up on it. Some of the details of TOV's agreement with
Mr. Johnston were discussed. A major issue was questions with the parking area. Kristan
recalled the neighbors in the area were examining the concept of a parking structure with
a park on top of it. Tom Steinberg advised Mr. Johnston to give his pictures to the staff and
suggested that the staff arrange to visit the area in question at this time to reevaluate their
plans in view of what the current on -site situation. Mayor Osterfoss asked Kristan if there
was an important streetscape concept for considering narrowing of the street. Kristan said
in order to put the landscaping in, with the required parking, some of the road had to be
removed. Tom suggested if the end solution was a park on top of a parking structure,
perhaps the street would not need to be narrowed to put in landscaping because the
landscaping would be in the park. Mayor Osterfoss advised a site visit to the area was
planned, and felt it would be an interesting learning experience for Council and staff to go
e out and enforce regulations. Mery noted the Transportation and Parking Task Force was
reconvening so this could be another issue for their review.
Item No. 2 was the appointment of 3 new members to the Planning and Environmental
Commission (PEC). The candidates, interviewed by Council on February 23, 1993, were Bill
Anderson, Chuck Crist, Kathy Langenwalter, and Gena Whitten. There were 3 positions
available, each term for two years. A ballot was taken, and Mery Lapin moved to appoint
Bill Anderson and Kathy Langenwalter to the PEC until February 28, 1995. A majority of
votes had not been received for any candidate for the third open position, and staff was
directed to re -advertise the position. Tom Steinberg seconded the motion. A vote was taken
and the motion passed unanimously, 6-0.
Item No. 3 was the appointment of 2 new members to the Design Review Board (DRB). The
candidates, interviewed by Council on February 23, 1993, were Michael Arnett, Sally Rich
Brainerd, Alice Cartwright, Dan Doerge, Florence Steinberg, and Carmen Weiner. There
were 2 positions available. Tom Steinberg stepped down due to conflict of interest. A ballot
was taken, and Mery Lapin moved to appoint Michael Arnett and Sally Rich Brainerd to the
DRB until February 28, 1995. Jim Shearer seconded the motion. A vote was taken and the
motion passed unanimously, 5-0-1, Tom Steinberg abstaining.
Item No. 4 was the appointment of 1 new member to the Housing Authority. The candidates,
interviewed by Council on February 23, 1993, were Duane Piper and Dan Doerge. There was
1 position available for a five year term. A ballot was taken, and Tom Steinberg moved to
re -appoint Duane Piper to the Housing Authority until January 31, 1995. Bob Buckley
seconded the motion. A vote was taken and the motion passed unanimously, 6-0.
Item No. 5 was appointment of 4 new members to the Art in Public Places Board (AIPP).
The candidates, interviewed by Council on February 23, 1993, were Alice Cartwright, Jim
Cotter, Dan Doerge, Eddy Doumas, Lolita Higbie, Erich Hill, and Kyle H. Webb. There were
4 positions available. Two terms were for two years and two terms were for three years. A
ballot was taken, and Mery Lapin moved to appoint Jim Cotter and Lolita Higbie to the AIPP
Board until February 28, 1995, and Alice Cartwright and Erich Hill until February 28, 1996.
Jim Gibson seconded the motion. A vote was taken and the motion passed unanimously, 6-0.
Item No. 6 was a Consent Agenda consisting of two items:
A. Approval of the Minutes of the February 2, 1993, and February 16, 1993, Town
Council Evening Meetings.
B. Ordinance No. 3, Series of 1993, second reading, an ordinance concerning the issuance
of Local Improvement Refunding Bonds of the Town of Vail, Colorado for the Booth
Creek Local Improvement District; ratifying action heretofore taken in connection
therewith; prescribing details in connection with said Bonds and District; prescribing
duties of certain Town officials in connection therewith; repealing all ordinances and
other action of the Town to the extent inconsistent herewith; and providing other
matters relating thereto.
Mayor Osterfoss read the titles in full. Tom Steinberg moved to approve the Consent
Agenda, with a second from Jim Gibson. A vote was taken and the motion passed
unanimously, 6-0
Item No. 7 was Ordinance No. 1, Series of 1993, second reading, an ordinance repealing and
reenacting Ordinance No. 41, Series of 1991, to provide changes to Area A requirements for
SDD No. 4 that concern the development plans for The Waterford and The Cornerstone
Development Building Sites; and setting forth details in regard thereto. The applicants were
MECM Enterprises and Commercial Federal Savings. Mayor Osterfoss read the title in full.
Larry Eskwith explained that it had been assumed that Westhaven Drive was owned by
MECM, who was the developer of the Waterford site. However, it appeared there was now
some question as to who had title to that road. He advised documents had been discovered
in the foreclosure papers which made it uncertain if MECM owned that road. Consequently,
2
it would be impossible for MECM to dedicate the road to TOV if they do not own it. After
brief discussion, Mery Lapin moved to table second reading of Ordinance No. 1, Series of
1993, until March 16, 1993. Tom Steinberg seconded the motion. A vote was taken and the
41 motion passed unanimously, 6-0.
Item No. 8 was Resolution No. 3, Series of 1993, a resolution approving and adopting the
1993-1997 Town of Vail Transit Development Plan (TDP). Mayor Osterfoss read the title in
full. Mike Rose briefly explained the content of the TDP, and advised that it needed to be
submitted to the Colorado Department of Transportation by April 15, 1993, in order to
compete for $900,000 in grant money the state had available this year. Tom Steinberg moved
to approve Resolution No. 3, Series of 1993, with a second from Jim Gibson. Before a vote
was taken, Mery Lapin inquired about time schedule and affect if TOV were successful in
receiving funds. After brief discussion, a vote was then taken and the motion passed
unanimously, 6-0.
Item No. 9 was a Town Council appeal of a Planning and Environmental Commission (PEC)
decision regarding a Conditional Use Permit for the expansion of the Municipal Building to
house the Vail Police Department, located at 75 S. Frontage Road West. Mike Mollica
referenced his memo to Council dated March 2, 1993, detailing the February 22, 1993, PEC
meeting during which they approved, by a vote of 4-3, a Conditional Use permit request
including ten conditions of approval, for the Police Department expansion. Mike noted the
first seven conditions were recommendations made by the planning staff and were carried
forth by the PEC. Those seven conditions were fully detailed in the Community Development
Department's (CDD) memo to the PEC dated February 22, 1993. The PEC added three
additional conditions which were detailed in the above referenced March 2, 1993 memo.
There was discussion concerning additional landscaping, particularly with regard to snow
storage, parking requirements, the heliport, and communication with the Colorado
Department of Transportation (CDOT) regarding some of their rights -of -way. Mike said the
CDD was trying to keep all development proposed for this project on TOV property, including
the parking spaces presently on the CDOT right-of-way. He confirmed that CDOT had
agreed to allow planting and berming in their right-of-way. Mayor Osterfoss noted there had
been discussions with We Recycle and others about possible relocation because Council was
in agreement with the PEC's concern that all on -site parking should be maximized.
Jim Gibson turned the discussion to Ken Hughey's March 2,1993, memo to Council regarding
a cost analysis of the Police Department expansion based on the PEC and CDD
recommendations. That memo explained that the DEC's approval of the Conditional Use
Permit request for the Police expansion contained ten conditions, most of which were not
included in the approved project budget, and detailed the cost of each condition. Jim Gibson
felt a number of the costs shown in the memo did not belong in the Police Department
expansion budget. Tom Steinberg agreed some of the items, such as crosswalks and
sidewalks, were projects which should be done as a matter of course.
• Before further discussion of budget issues, Mayor Osterfoss asked if there was Council
consensus for the ten conditions approved by the PEC. Tom Steinberg asked if the
architectural modifications to the existing building conformed to the new building. He asked
why the new building was not automatically conforming to the existing building to avoid
expense. Mike Mollica explained there were numerous meetings with the DRB at the PEC
work sessions, and it was felt that it would not be appropriate to carry the architectural
design of the existing building over to the proposed new expansion. Mayor Osterfoss asked
if the architects had a design that would match the existing building. Ken said they did, and,
in short, that design just showed the new building looking like the existing building. Ken
explained the $103,000 was for architectural modifications to make the existing building
conform to the new building. If the new building were built with new architecture, the cost
would be $103,000 to redo the exterior of the existing building to match the new building,
$27,000 of that amount for modification to the west entry of the existing building. Tom
Steinberg pointed out if this building were modified, the Municipal Annex would not match.
Jeff Bowen, PEC member and Police Addition Task Force member, said the PEC felt it was
important, even with consideration of additional cost, to note that this was, in essence, the
creation of a new Town Hall. He felt the buildings should match, and rather than trying to
make the new building look like the existing building, the existing building should be
modified so the architecture of the new building would be carried through. Dalton Williams,
PEC member also felt the two buildings needed to match and needed to be more attractive
than the present structure. Mr. Williams said he now supported the project in its entirety,
and explained he originally voted against the project because, from a Planning
Commissioner's point of view, there was no applicant before the PEC to agree to conditions.
Greg Amsden, PEC member, noted the negative votes at the PEC meeting were because of
is parking concerns. He felt consideration should be given to satisfying additional on -site
parking. He noted the proposed new building had been reduced in cost by $3,000,000 from
the original cost projections, and the request for modifications to the existing building would
be a major improvement to the project and should be approved. There was brief discussion
concerning estimated landscaping fees, which Mr. Williams felt were low, but Mike noted
Sherry Dorward, project Landscape Architect, advised the estimate was fairly accurate.
Mr. Amsden expressed concern about the reduction of the original budget for this project,
in what he gathered was the intent to purchase another parcel in TOV commonly known as
the Vail Commons parcel. He felt the conditions being requested for the Police Department
expansion at this time should be considered, because he felt they were minor adjustments to
the overall benefit of this project. Further, he felt the cost Council had agreed to on the Vail
Commons parcel was high, and that he had evidence to that affect. He offered to discuss that
issue further with Council.
Mayor Osterfoss said she wanted to hear the DRB's response as to whether matching the
existing building was appropriate. Kristan Pritz noted the DRB were present at two PEC
work sessions where they focused primarily on design issues and did not get into parking
• issues. She said the DRB did discuss the design, and the CDD would solicit their response
about matching the existing building. Mayor Osterfoss wanted to be certain the DRB had
the opportunity to consider extending the design of the existing building.
Jim Gibson stated he did not recall a decision made by Council to adhere to the increased
budget to accommodate the PEC decisions. Ken Hughey said he would have to review the
meeting tapes, but it was his recollection that, should the PEC and DRB add conditions to
the project, that those "add-ons" would be above the $3,000,000 budget because Council had
been asked what the PD could work with to build the building and what was needed to
design the building. As Ken recalled, the $3,000,000 was to build the building, and if the
PEC or DRB added anything, then Council would need to decide whether or not to add on to
the budget. Mayor Osterfoss felt items that would be highly desirable to have, regardless of
whether or not there was an addition to the Municipal Building, could come of out of the
Capital Projects budget, if affordable over time. She felt architectural modifications to the
existing building which the DRB felt were an important part of this project, were part of the
project. She agreed with Jim Gibson that other things on Ken's list - fixing the roof,
additional landscaping/north side, signage plan, sidewalks, and fire code compliance - were
things that should be done as a matter of course and should not be part of the Police Building
expansion budget. Tom Steinberg and Jim Shearer agreed the Police Building expansion
budget should not be burdened with these dollars, including the facade changes.
Lengthy discussion followed concerning whether to modify existing building to match the
expansion as Council examined schematic and elevation drawings of the new building. In
response to Kristan's questions, Mayor Osterfoss said perhaps it would be more useful to give
the DRB direction as to whether Council wanted the new building to match the existing
building. After review and discussion about the facade changes and agreement that there
should be continuity for the whole project, Mayor Osterfoss directed the DRB to work with
the revised plan, which Ken Hughey presented, without the incremental $103,000, except for
examining the new entryway for the existing building. It was determined the new entryway
would be paid for from the Capital Projects budget.
Jim Gibson then moved to uphold the PEC's decision to approve a Conditional Use Permit
for an addition to the Municipal Building to house the Vail Police Department located at 75
South Frontage Road West (at the east end of the existing Municipal Building) with the
following exceptions: that the architectural modifications to the existing building be removed
and the new building be made to look like the existing building; that the roof improvements,
fire code compliance, crosswalks, additional landscaping, and signage plan not be a part of
the Police Department expansion budget but would be paid for out of the Capital Projects
budget; that the increased structural framing for future additions be eliminated; that the
$27,000 for the modified west entryway be approved as an addition to the $3,000,000 for this
fl project's budget; and that there would be an owner's representative paid for out of the
project's budget. Mery Lapin seconded the motion. A vote was taken and the motion passed
unanimously, 6-0.
Before adjournment, several issues not on the agenda were raised.
Caroline Fisher discussed the 1993 Community Survey, noting members of the community
had requested better avenues to express their opinions to TOV. She advised a number of
avenues had been implemented in the last three years including Speak Up Meetings, full
resident surveys, input cards, and the resident input tracking system. However, she felt
there was a popular feeling that it was time to take TOV's citizen surveying program to a
higher level. She explained Vail Associates, Inc. had hired Nolan Rosall, of Rosall, Remmen
& Cares, and had now embarked on an aggressive public opinion surveying process. Caroline
said she had been speaking with Mr. Rosall regarding TOV's surveying process, and felt Mr.
Rosall should be hired to assist TOV in implementing more effective avenues for both
accomplishing the public relations element of the surveying and as a tool for gathering
information for budget priorities. The survey approach proposed by Mr. Rosall would include
focus group meetings, a one page front and back mail out survey, and a phone survey
combining public outreach of a mailing to a full population of 8,000 people, as well as random
audio taped and transcribed focus group meetings and phone surveys. The total amount of
this entire process would be $10,000. Caroline advised $8,178 had been budgeted, and asked
Council to approve the additional expense for the upgraded surveying process. After brief
discussion, Tom Steinberg moved to appropriate up to $2,000 out of the Council Contingency
budget to proceed with the Rosall study. Mery Lapin seconded the motion. A vote was taken
. and the motion passed unanimously, 6-0.
Larry Eskwith discussed the discovery, approximately two years ago, of an underground tank
at the Old Town Shops site. He advised that when the tank was pulled, groundwater
contamination was found, as well as a gasoline spill at the adjacent service station. Mr.
Leonard Slosky was hired at that time to study the situation. It was Mr. Slosky's opinion
that any contamination of TOV groundwater there had been caused by the spill at the
adjacent property. Larry said TOV also thought that mediation that was being done at the
adjacent service station would also cleanse the groundwater on TOV property. Larry
recommended that Mr. Slosky return at this time to determine whether the mediation on the
adjoining property had in fact cleansed the groundwater on TOV's property. Larry said TOV
needed to get these tests done in a timely manner, and if the tests showed the groundwater
had not be cleansed, Council needed to decide whether or not to litigate the matter. He
advised TOV had obtained an extension of the statute of limitations to bring a lawsuit
against Chevron, and he felt TOV could protect itself by bringing the action, yet he was
concerned about litigating if there was no reason to. He felt the cost of proceeding with a
lawsuit against Chevron would very quickly equal the cost of the recommended testing.
Larry added he had hired the services of Flo Phillips, environmental specialist, for assistance
with potential litigation. After brief discussion, Jim Gibson moved to hire Slosky and
Company to test the wells for the sum of $4,278 to be paid from Council Contingency funds.
Jim Shearer seconded the motion. Before a vote was taken, Larry said he would speak with
Mr. Slosky to determine whether this testing would firmly establish whether the groundwater
had been mediated or not. A vote was taken and the motion passed unanimously, 6-0.
Jim Gibson stated he wanted to discuss the proposed Vail Commons purchase. It was agreed
to discuss this item in Executive Session after adjournment of the regular meeting.
Mayor Osterfoss noted Helen Fritch, President of the Board of the Vail Alpine Garden
Foundation, had written expressing the Foundation's desire to maintain closer
communication with Council. Ms. Fritch invited Council to appoint a Council member to act
as an advisory member on the Vail Alpine Garden Board, Jim Shearer nominated Bob
Buckley to accept that appointment, with a second from Jim Gibson. A vote was taken and
the motion passed unanimously,
Council agreed to addre letter dated Febztuary 23, 1993, from Dave Cole regarding
Smoking in Public Place9 at a'work session after ski season.
A letter dated Febru y 22,;1993, had been received from Josef Staufer, President of the Vail
Village Inn (VVI), r0ggarding $47,500 VVI was required to pay toward the cost of moving the
Ski Museum. Mery Lapin felt there were facts missing from Mr. Staufer's letter, and Jim
Gibson suggested that the planning stafl'.assemble all of the facts before discussion at a
future work session.
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There being no further business, Mery Lapin moved that Council adjourn into Executive
Session to discuss a land negotiation contract. Jim Gibson seconded the motion. A vote was
taken and the motion passed unanimously, 6-0. The meeting was adjourned to Executive
Session at 9:30 P.M.
ATTEST:
Holly. McCutcheon, Town Clerk
Minutes taken by Dorianne S. Deto
C:WINSMAR2.93
Respectfully submitted,
Margare A. Osterfoss, Mayor