HomeMy WebLinkAbout1999-07-20 Town Council Minutes•VAIL TOWN COUNCIL - MINUTES
TUESDAY, July 20, 1999
7:00 P.M.
The regular meeting of the Vail Town Council was held in the Town Council Chambers on
Tuesday, July 20, 1999. The meeting was called to order at approximately 7:00 P.M.
COUNCIL MEMBERS PRESENT
STAFF MEMBERS PRESENT:
Rob Ford, Mayor
Ludwig Kurz, Mayor Pro -Tern
Bob Armour
Kevin Foley
Mike Arnett
Mike Jewett
Sybill Navas
Bob McLaurin, Town Manager
Tom Moorhead, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Mayor Rob Ford reminded the community that the Town Council has implemented a three -
minute limit on time for individuals who would like speak during the citizen's participation portion
of the Town Council meetings.
The first item on the agenda was Citizen Participation. Joe Staufer, local resident and
business owner, acquainted the Council with the official Chamber of Commerce of the Town of
Vail, which represents about 50 businesses within the Town of Vail at this time. One of the
things the chamber will be requesting of Council is having input on how the information booths
are operated and how they are run. The Chamber of Commerce of the Town of Vail would like
to be placed on the agenda to submit a proposal to the Council to discuss several issues in the
near future.
Kaye Ferry, a representative of the Vail Village Merchant's Association, said the association is
supportive of the new Vail Chamber of Commerce.
Rick Sackbauer, representing the Vail Valley Exchange, is currently working on the exchange
program at Delatite Shire in Australia for the upcoming winter season. He is excited about his
recent trip to Australia. Last year, 80 exchange employees, out of the 110 interviewed, came to
Vail to work last winter from Australia. He asked that any employers or establishments
interested in this program to contact him.
Eric Baumann, owner of Noel, a Christmas shop, addressed the Council about lagging sales.
In 1992, he came up with the idea of having a roasting nut cart outside his store to add
atmosphere, and supplement his business, as well as to increase sales tax revenue. However
he is distressed that he cannot operate the cart operation outdoors due to regulations of the
Town of Vail Municipal Code. He was told he could only operate the cart during special events
in Vail Village. He said he was told he would need a permit and write a letter to the Town to get
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approval to operate the cart. Overall, he wants the Council to consider business owners an
• avenue for new ideas and partners in creating an atmosphere conducive to having vending
carts in the Village. He said if his request for operating the cart more often is denied, he will
have to close the Christmas shop for the first time in 19 years, due to low revenues.
Bob McLaurin, Town Manager, stated the town is working with Eric to come up with a solution.
Jim Lamont, representing the East Village Homeowners Association (EVHOA), expressed his
concern that there is no way for the community to discuss call-up items before the Council at
the work sessions and mentioned this in specific reference to the parking problem at the Antlers
Condominiums. He believes this matter needs to be discussed before Council at an evening
meeting because it affects a broad base of the community. He would like to see this at an
evening meeting to address the fairness issue in allowing other property owners a chance to
comment. He asked Council to discuss this issue in an open evening session.
Mayor Rob Ford said he will ask the Council to review their vote. He reminded Jim that the vote
at the work session is for Council call-up, not for public comment.
Kaye Ferry, representing the Vail Village Merchants Association, said she wasn't clear about
call-ups but wants issues to be presented at an evening meeting to the public when it is a large
project. She is confused about the process and thinks it is unfair.
Kim Schwartz, a Breckenridge resident and business owner, stated the problem Eric had with
vending carts is also a concern in Breckenridge, but they worked it out with him. . He said the
• Town of Vail should listen to the business owners. He said because of negative press, the
Town of Vail needs to make the process user-friendly for businesses.
Joe Staufer, a Vail Village business owner, said it was his understanding that the Town spent a
lot of money on master plans to make the town more aesthetically pleasing. In the case of the
Antlers, there has not been anything done to that building to make it more aesthetically
pleasing.
Council member Sybill Navas, on behalf of the Council, responded to Kaye and Jim in regards
to their comments on the Antlers, and requested the Council reconsider their vote from the work
session.
Mayor Rob Ford placed the discussion on the end of the evening agenda.
The second item on the agenda was the consent agenda.
A. Proclamation No. 2, Series of 1999, Community Service and
Volunteerism Colorado Cares Day July 31, 1999.
Mayor Rob Ford read the proclamation to the community and audience members
and declared he is pleased to add his signature to this proclamation.
Council member Bob Armour made a motion to approve Proclamation No. 2, Series of 1999,
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and Council member Ludwig Kurz seconded the motion. A vote was taken and the motion
• passed unanimously, 7-0.
B. Ordinance No. 17, Series of 1999, second reading of the Ordinance
An Ordinance Authorizing the Conveyance of Fee Title of the Red Sandstone
Creek Land and Improvements Thereon Owned by the Town Of Vail and Fully
Described As Follows:
A parcel of land within the NE % SE X Section 1, Township 5 South, Range 81 West of the
Sixth Principal Meridian, Eagle County, Colorado, described as follows:
Beginning at a point on the Southerly line of said NE'14 SE % Section 1, said point also being
the Northwesterly corner of Block D, Lion's Ridge Subdivision, according to the map thereof
recorded in Book 215 at Page 648 in the office of the Eagle County, Colorado, Clerk and
Recorder; thence, departing said Southerly line, N22°33'00" W 84.13 feet; thence N49045'28" E
55,05 feet; thence 53.85 feet along the arch of a cure to the right, having a radius of 200.00
feet, a central angle of 15°25'31" and a chord that bears N57'28'16" E 53.69 feet; thence 41.90
feet along the arc of a cure to the right, having a radius of 27.00 feet, a central angle of
88054'26", and a chord that bears S70°21'44" E 37,82 feet, thence S25054'31"E 137.47 feet to
the said Southerly line of the NE % SE % Section 1, said line also being the northerly line of
said Block D; thence, along said line S87°48'35" W 150.82 feet to the point of beginning,
containing 0.3964 acres, more or less.
The bearings of the above described parcel are based on a bearing of N87°48'35" E on the
Southerly line of the NE'/a SE Y4 Section 1, T5S, R81W, per the plat of Lion's Ridge
Subdivision.
Council member Bob Armour made a motion to approve on second reading, Ordinance No. 17,
Series of 1999 and Council member Ludwig Kurz seconded the motion. A vote was taken and
the motion passed unanimously, 7-0.
The third item on the agenda was second 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.
George Ruther, Senior Planner, stated that no changes have been made since the first reading.
He said the July 20" memo had raised concerns regarding the landmark feature on Phase II of
the project.
Tom Moorhead, Town Attorney, said because of concerns from the Vail Spa owners, George
and he reviewed the process and are addressing the concerns. On January 25, 1999 the
applicant filed a complete application and the approvals were received by the Planning and
Environmental Commission (PEC). The conditional use permit is subjected to the approval of
the major special development district (SDD). A question was raised about the completeness
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of the environmental impact study section of the application, but it was determined that it was
not necessary to file an environmental impact report. There was also concern about the notice,
however the notice was provided to the adjacent property owners of record. The landmark
feature shows the application as it pertains to the land use plan and Lionshead Master plan.
Gil McNish, an attorney representing the Vail Spa, stated the Vail Spa owners had concerns
about this project.
Mayor Rob Ford said he wanted to make it clear that the information to be shared by the Vail
Spa owners was not prepared or given to staff or Council for their review prior to this evening.
Gil McNish said this was true and explained that Phil Patrosky, a member of his firm, appeared
before Council before. He then turned the podium over to Phil for his comments.
Phil Petrosky, said there were three issues that needed to be addressed. He said the
application was incomplete, the applicant has not met the burden of proof and this project does
not comply with the Lionshead Master Plan. He said the Marriott application was not complete
because there was not a written statement included in the application. He said the letter of
February 9 is the only letter in file. The initial impact statement needed to include square
footage of commercial spaces. Therefore the initial application should have been rejected
because it was incomplete. Secondly, the applicant has not met the burden of proof in two of
the nine criteria. This section stated the applicant, not the staff has the burden to prove each of
these criteria. The applicant cannot prove the criteria. He said any deviation needs to present
specific public benefits outweighing the adverse effects. There was not enough information
• from the applicant weighing benefits vs. adverse effects, nor can the applicant prove the
benefits outweigh the adverse effects. And thirdly, the proposed SDD does not comply with the
Lionshead Master Plan. The proposed landmark feature adds gross residential floor area
(GRFA) which is in direct conflict with the master plan and exceeds the height limit of the
LMHU1 zoning. Nothing in the code or the master plan allows for developers to build to the
maximum. The Gore Creek Club needs to be looked at with all the criteria together not
separately.
Gil McNish said they are in agreement that the redevelopment is needed. The development of
the Gore Creek Club building may be inevitable. They are not against the proposals for the
site, but do take exception to the many key details of the proposal and that the level of detail
necessary has not been provided. There should be significant improvements on the design
features. They urge the Council be more critical and demanding of this proposal and to look at
it very closely. There are significant issues that need to be addressed before the Council
approves this Ordinance. The problem with the application is that it is not complete and
therefore, does not enable it to be approved, and stated that the plans lack conformity with the
Lionshead Master Plan. He said interpretations are not entitlements as to height, density, etc.
He said the staff memorandum was too little too late. At this point, the burden of providing the
correct representative information is not on the staff but on the applicant. The information
provided by code requires that the information provided be accurate and informative for
Council, as well as to all interested parties. The deficiencies are material and go to the core of
contemplating the code. Because of the absence of key core points, consideration of the
proposal cannot be done. He suggested the Council could table the matter and have further
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discussions with adjacent owners or go back to the Design Review Board (DR13) and the PEC
• or deny the application. They would like to see this item tabled or add conditions with the items
of concern they raised. He said he thinks there is time to be deliberate and an approval of the
ordinance tonight is not a defensible step for this Council to take.
He said the buildings are significant, the impact long lasting and precedent setting as to how the
Lionshead Master Plan is implemented.
Mayor Rob Ford asked Gil, if there were concerns, why in the last two weeks, were the
concerns not brought forward and why had the adjacent property owners neglected to bring
them forward before second reading of the ordinance. He said he was concerned that the Vail
Spa owners were delivering concerns they had to the Council and staff at the 'eleventh' hour.
He questioned why this information was not provided to staff and Council prior to second
reading.
Gil stated he and Phil have worked diligently to analyze the information and they didn't have
enough information to give to Council before now. They were not able to address this at the
DRB stage.
Mayor Rob Ford asked George Ruther, how many times this project had gone before the Pec
and DRB.
George said it had been before PEC three times and DRB six times, between February and
March of this year. He stated this project will go back to DRB for further consideration for
• architectural details prior to receiving a building permit.
Tom Moorhead, Town Attorney, said the application given to staff and the two boards on
January 25, 1999, the decision was that the application was complete. He stated this is not an
adversarial process between staff and the applicant. The memorandums that were presented
during this process, clearly show the deviations from underlying zoning. The underlying zoning
has changed. There is evidence presented that show the deviations. The nine criteria in
memorandum were addressed. It was a comprehensive memo on evidence and findings
throughout this process.
Mayor Rob Ford asked Tom if staff did their job.
Tom Moorhead stated staff worked with the applicant hand in hand throughout the process.
Council member Bob Armour asked if the attorneys were involved in the process all along.
Gil stated they didn't become involved until April 15, 1999.
Council member Mike Arnett stated there are some discrepancies in their presentation. He
discussed some of the issues raised regarding incomplete applications, underlying zonings,
deviations in the setbacks, and architectural projections, individual landmarks. He read from the
Lionshead Master Plan relating to height. He said the PEC. DRB and staff have done a stellar
job in working on this application.
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• Council member Bob Armour asked George about the phasing of the project, would it be one,
two or three phases.
George said there is a possibility to phase the project because of the extent of the project.
Henry Pratt, the project architect, said the project will be phased. He said the Gore Creek Club
would be started in August of 2000. The face lift phase would start after that and a hotel wing
would be done in the Fall of 2000, each wing of the project will be done at different times.
Gil wanted to address Council again.
Mayor Rob Ford said the Council had already heard from them.
Council member Mike Arnett made a motion to approve on second reading, Ordinance No. 10,
Series of 1999 and Council member Ludwig Kurz seconded the motion.
Council member Sybill Navas said she wanted DRB recommendations. She requested staff
and the DRB would make sure the DRB conditions were followed through at the building permit
stages.
George stated the conditions of the application had been met by the applicant.
Council meber Sybill Navas clarified that conditions 1, 2, 4 & 6 were met.
Council member Mike Arnett said the plans were revised and the conditions were met.
Henry Pratt stated all conditions had been satisfied.
Council member Ludwig Kurz stated that in terms of what everyone has gone through in the
past few months, the application is as complete as it can be to this point. The application does
not show deficiencies and the project benefits outweigh the adversities. He said Council can't
please all people and said this is a great step in the right direction.
Council member Kevin Foley mentioned the Antlers proposal, and the bike path improvement
but said this was not discussed with the Marriott proposal.
Henry Pratt said the bike path might have to be used during construction but it will be restored.
Council member Bob Armour said environmental impacts were looked at and said there is not
anything that stated the need to look at private view corridors. The Lionshead Master Plan and
the SDD process are two different things.
A vote was taken and the motion passed 6-1, Council member Kevin Foley against.
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The fourth item on the agenda was first reading of Ordinance No. 18, Series of 1999, an
• Ordinance Authorizing the Conveyance of Fee Title to 7-U Building 5, Vail East Lodging, also
known as 4093 Spruce Way #36, Vail, Colorado 81657.
Tom Moorhead, Town Attorney said on March 1, 1999, the Town of Vail purchased a unit at
Vail East Lodging for the purpose of utilizing the unit in the Town of Vail's Buy -Down Program.
That purchase has successfully resulted in a sale of the unit to a qualified buyer and permanent
deed restrictions being put in place that restrict the future sale of the unit to other qualified
purchasers with a three (3%) percent appreciation cap. Per Resolution No. 6, Series of 1999,
the Town Council authorized a dual offering of the property as a free sale unit and a deed -
restricted sale. The free unit market price is $162,500 and the price for the deed -restricted sale
is $140,000. There was a July 12, 1999 closing to a qualified buyer. This ordinance "closes the
loop" on the sale.
Council member Mike Jewett was concerned about the homeowners association right of first
refusal clause. He wanted to know if this take away their right of first refusal in the future.
Tom Moorhead said in this particular sale, it was handled so it would insure their right of first
refusal and this will be done in the future also. He said the owners should be pleased.
Council member Ludwig Kurz made a motion to approve on first reading, Ordinance No. 18,
Series of 1999 and Council member Mike Arnett seconded the motion. A vote was taken and
the motion passed unanimously, 7-0.
• The fifth item on the agenda was the Town Manager's Report.
Bob McLaurin, Town Manager, updated the Council on the Way -finding initial proposal price of
$25,000 is really between $70,000-75,000. He said he needed Council direction on whether or
not to do this project. He said this is an important issue to address.
Mayor Rob Ford stated they need to do a comprehensive plan.
Council member Mikie Arnett asked if this project could be phased and the critical needs
addressed first.
Bob McLaurin said most of the cost would be in fiscal 1999, and does not include signs. He
said the signage could be phased but not the plan. The implementation cost of the program
could be between $100,000 to $250,000 total. He said this is something the town should do.
Council member Mike Arnett asked if the scope of the project included every sign.
Bob McLaurin said it would be very comprehensive. He asked Council how they want to
proceed. He said a fair amount of research has been done but this is not budgeted.
Council member Sybill Navas said the signage in town seriously needs to be addressed. It is a
continual problem. The town needs to do it so direction -finding makes a statement and is not
the cheapest way out. She doesn't know where to find the funds in the budget but this needs to
Vail Town Council July 20, 1999 Minutes
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be done. She encouraged the phasing of the program in as short a time as possible. She said
public input is necessary.
Council member Sybill Navas made a motion to allocate up to $70,000 to get a sign plan.
Council member Ludwig Kurz seconded the motion.
Council member Ludwig said he agreed with Sybill's comments. He said atmosphere is
necessary but it is also a marketing tool. He said it is important for people to have ease of
finding their way and he said he is also working on way -finding for another resort. He stated it
is not cheap but in well -managed communities, part of what is done well is signage. He said it
cleans up other small problems. He asked Sybill if the plan would be done in this fiscal year.
Council member Sybill Navas said yes.
Bob McLaurin said implementation would begin in the year 2000.
Council member Ludwig Kurz said the plan could be done in two months, but there needs to be
on -going dialog.
Council member Bob Armour said the sign program has been an issue.
Bob McLaurin said the town wouldn't implement in 1999, but the analysis would be done in
fiscal year 1999.
• Bob Armour said he is concerned to be spending that kind of money in this year but feels it
needs to be done.
Council member Mike Arnett said he would have to vote against it because he doesn't have
enough knowledge on this issue at this time.
Council member Sybll Navasl asked if the parking structure signage is included in this figure.
Bob McLaurin said yes, the plan will be as comprehensive as possible.
Council member Kevin Foley said this would be a good step in the right direction.
Council Imember Sybill Navas said signage is critical to the success of a resort functioning well.
A vote was taken and the motion passed, 6-1, Council member Mike Arnett against.
At this time Council member Sybill Navas made a motion for Council to revisit the Antlers
motion from the work session. She said that since two citizens brought the issue up that
Council should revisit it.
Council member Bob Armour made a motion to reconsider the Antler decision because it was
rejected. Council member Mike Jewett seconded the motion.
8 Vail Town Council July 20, 1999 Minutes
. Further discussion ensued.
Council member Bob Armour said there appears to be a problem with the request of granting a
parking variance. He said the Council has granted parking variances before. He thought it was
a creative solution. He stated the Council was interested in upgrading redevelopment of
Lionshead.
A vote was taken to reconsider, and passed 6-1, Mayor Rob Ford against.
George Ruther, Town Planner, said there is a concern about the parking variance. The
Planning and Environmental Commission (PEC) initially approved a variance to the parking.
One of the conditions was the ability to revise the plan to provide all the parking on -site so the
variance would not be necessary. In an attempt to move the project along, the PEC granted
the applicant the right to do a parking study, if it was less than in the regulations, it would further
reduce the need for the parking variance. The parking plan given by the applicant anticipated
the parking requirement would be reduced from 25 to 6 spaces. The applicant would still be
obligated to pay into the pay -in -lieu fund. The goal was to rework the parking study to reduce
and eliminate the parking variance.
Council member Mike Arnett asked if there are parking valet places in Vail.
George said parking valets are permitted and up to 50% of the parking can be provided by valet
parking. It is a permitted use by parking regulations.
Council member Sybill Navas said the problem is not with the valet parking. She said there is
not a commitment from the applicant.
George said if an applicant receives a parking variance, the applicant must pay into the pay -in -
lieu program. He said it is not an option, they are obligated for those deficient spaces.
Council member Bob Armour asked if parking was the issue and are there any other problems.
Council member Sybill Navas made a motion to call up the Antlers Redevelopment to look at
Issues, and the motion was seconded by Council member Kevin Foley.
Council member Mike Arnett said it would be appropriate to have a right to call-up until after
Public Works Director, Greg Hall, has a chance to review the parking proposal. He said he has
a hard time second-guessing the PEC.
George said the PEC found there was a hardship with this application. He said if the applicant
was to start from the very beginning, this would not be a hardship. What is under review is all
the elements permitted by our code. If the applicant provides 50% of the parking by valet
parking, it is permitted by code.
A vote was taken and the motion failed, 3-4. Council members Ludwig Kurz, Rob Ford, Bob
Armour, and Mike Arnett against.
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As there was no further business, a motion was made by Council member Bob Armour to
adjourn the meeting and Council member Kevin Foley seconded the motion. A vote was taken
and the motion passed unanimously, 7-0.
The meeting was adjourned at 8:45
ATTT f
i_Vrel Donal son
Town Clerk
•
Mayor
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