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HomeMy WebLinkAbout2001-02-06 Town Council MinutesVAIL TOWN COUNCIL - MINUTES *TUESDAY; February 6, 2001 7:00 P.M. The regular meeting of the Vail Town Council was held in the Town Council Chambers on Tuesday, February 6, 2001. The meeting was called to order at approximately 7:00 P.M. COUNCIL MEMBERS PRESENT: Sybill Navas, Mayor Pro-Tem Chuck Ogilby Diana Donovan Rod Slifer Greg Moffet Kevin Foley ABSENT: Ludwig Kurz, Mayor STAFF MEMBERS PRESENT: Bob McLaurin, TownManager Tom Moorhead, Town Attorney Pam Brandmeyer, Assistant Town Manager Lorelei Donaldson, Town Clerk Mayor Pro-Tem, Sybill Navas, stated Mayor Ludwig Kurz was in Austria, representing the Town of .Vail. The first item on the agenda was citizen participation. Art Abplanalp said he wanted to raise a point of order and said there were two second readings of ordinances listed under the consent agenda that needed to be heard separately and not as part of the consent agenda. He said per the Town Charter, the second reading of the ordinances should be heard as separate items at the town council meeting so the community can have input on these items. He is especially concerned with Ordinance No. 2, Series of 2001 and thinks there are several issues that need to be addressed. Mayor Pro-Tem, Sybill Navas, stated the council had discussed moving these items from the consent agenda at the work session and will do so when they come to it on the agenda. She also said this was the first she had heard that this procedure was not correct and they should look into it. Tom Moorhead, Town Attorney, stated that there are ordinances that have not required additional input and they had placed them on the consent agenda. He said that in the past, items that could have additional public comments, have had a motion, a second and a vote to take them off the consent agenda. The second item on the agenda was a discussion of the Donovan Park Project. Todd Oppenheimer, Department of Public Works Landscape Architect, gave a cost estimate summary of the project. He said there were three questions that needed answers from the Town ,update Council based on today's presentation. They are 1) Are they headed in the right direction, are there any course corrections needed at this time; 2) Staff wants approval to award the first phase of Vail Town Council Meeting Minutes February 6, 2001 construction starting in April; and 3) They need approval to prepare a Request for Proposal to do a •design build on a portion of the work that would be advantageous to do at this time. He also said in addition to his update, Otis Odell, of Odell Architects, Chris Squadra, CPE, with Architectural Resource Consultants, Inc. (ARC), who are members of the design team and George Ruther, Chief of Planning for the Town of Vail will be addressing the Town Council. Todd said the design team has made significant progress since last appearing before Council on December 19th of 2000 where the schematic design was presented and approved with conditions. With some adjustments that have been made, over the last three weeks, they have arrived at what you are being presented with today. The design team has done an outstanding job addressing and responding to the comments, questions and concerns staff has raised. The estimate is a result of a lot of hard work. It's very early in the design development stage and this is where most of the big decisions are made that impact the design and cost of the project. By the next update, there will be a very concrete idea of where they are at in the process. For the budget allocation, they are using the budget amount of $10,350,000, which includes $350,000 that was spend in the year 2000 and $10,000,000 that will be used in 2001. Otis Odell, of Odell Architects addressed the Council and stated they are in the middle of the design development stage. He updated the Council on what the development stage entails. He invited council to the next work session. The design team will keep the Council informed throughout this process. It has been a collaborative effort with staff to get a first draft of the estimate done on January 17, 2001. The project has benefited from this collaboration. The design development phase *are due around March 9, 2001 and will go to Council on April 3 with documentation, cost estimate and plans of this development phase. Chris Squadra, of Architectural Resource Consultants, acknowledged the budget of $10,350,000 for Donovan Park and went through the budget process to make sure everything is in alignment. They want to make sure the $10,350,000 budget is what the Council is set on for this project and what items on the wish list need to stay in the project within the budget number. He gave an overview of the budget numbers. He said some of the numbers that are not in the budget yet are the accel/decel lanes and CDOT standards and Corp. of Engineer process is not included either. He said the dollar figures are appropriate at this time. Council member Kevin Foley asked if there was enough money in the contingency. Chris stated they are committed to staying in the budget and bringing the project in on time. He said 1that if making sure the budget is adhered to they should raise the contingency. Council member Diana Donovan stated the budget is $10,350,000 for the project. Chris said if the Council says to stay within a certain budget they would then make internal adjustments to make sure it stays within the budget. The most important thing to understand is they asking for a Phase One -A approval today. If there is a delay in that process, it could push the bid ,are price much higher, as much as $250,000-$300,000 price hike. He went through the list of costs for construction costs, furniture, fixtures, and equipment; municipal fees for water tap fees; professional Vail Town Council Meeting Minutes February 6, 2001 fees for various consultants; operating costs and project contingency costs for a total of $10, 500, WOO. He stated the accel/decel lanes are not included in the costs. Mayor Pro -Tern Sybill Navas asked what the bid came in at. Chris said the bid came in at $60,000 less than the budget, however, the fire department asked to have a water line put in. He said the water line is about $60,000 and have added it as a separate line item. Mayor Pro-Tem Sybill Navas said she had a concern about the water tap fees being so high. Chris stated the Eagle Valley Water & Sanitation District charges everyone. Council member Chuck Ogilby thought the tap fees for Ford Park were waived. Todd Oppenheimer said that historically the tap fees for seasonal use facilities, parks and restrooms. They are assuming they will have that for the restroom and the irrigation but didn't think the tap fees for the pavilion would be waived. He said the tap fees for irrigation at the park would be around $200,000 so the sanitation district does give them a good deal on that tap fee. The $94,000 tap fee includes a 2-inch tap fee for the pavilion, a sewer tap fee and the purchase of a meter package and equipment and the equipment package for the park. Chris said the wish list items are amounts paid from hard construction costs. 160tis Odell stated these wish list items are what the stakeholders wanted in the project. He said these items are not in the $10,500,000 budget that Chris explained. They are asking Council if the budget should be increased to accommodate some of these items. The wish list items included: accel/decel lanes, the landscaping along the Frontage Road, the shoulder width increase of two feet, a phase two building that would be utilized by the playing fields that is closer to the playing field as part of the phase one work and not phase two; an outdoor gas fire pit, a lobby fireplace, snow melt funds above and beyond the initial 6,500 square feet originally discussed which is over 18,000 square feet of snow melt. He wants to know if Council wants to increase the budget by any of these amounts to include any of the wish items. Council member Greg Moffet wants to know if there are any cost estimates of in running the snow melt systems or boilers. Otis said it would be thousands of dollars but doesn't have hard figures. Council member Greg Moffet asked if there are relative cost comparisons of removal by snowplow versus snowmelt. Chris said based on where they are now, and since they don't know enough about the life cycle costs for five or ten years, it would be appropriate to carry the snow melt as an alternate line item until .they get the analysis for it and bring the information to the April 3 meeting. Vail Town Council Meeting Minutes February 6, 2001 Mayor Pro -Tern Sybill Navas asked about the bathrooms being an additional snow melt area. 18Otis said no this articulates it is a remote bathroom facility, there is no snowmelt in that area. Council member Diana Donovan asked about a separate fireplace in the large room. Otis said there is not a fireplace in the main room. Council member Chuck Ogilby asked if there is a different access from the terrace to the main entrance. Otis stated there is snowmelt access to the main entry and into the front door, and there is snowmelt in the service area also. Mayor Pro-Tem Sybill Navas asked how the wish list items impact the rest of the project and what does that do to the rest of the items in the original project costs. Chris said they can tell Council what the costs would be and what the impacts would be before they add that item to the budget and the project. Council member Rod Slifer said there is a $700,000 additional cost if the wish lists are added to the cost without the fireplace. He said this is too much and it's too early in the project to be looking at it now. He would like to see the project move forward without the wish list items on it at this time. Mayor Pro-Tem Sybill Navas said the restrooms are not expendable and are on the wish list. She said she assumed the restrooms are part of Phase One, and most of the wish list items are expendable and can be put off at this time. Chris said that if the Council says the budget is a certain amount with the restrooms included they will make it work. Council member Greg Moffet said he is comfortable with Rod's suggestion and wants to move forward to the extent that they can keep options open on wish list items. Council member Diana Donovan said they need the restrooms. She still believes this is a dangerous section of the road and needs the medians to make it safer and parking would not be a good idea on the Frontage Road. She also stated the landscaping could be added later and a fire pit is not a priority and it is a safety issue. She also thought the fireplace was included in the main room not in the lobby and the snowmelt comes down to what makes financial sense in the long run. She had questions about some of the line items that didn't have costs, like the CDOT and Corp. of Engineer processes. Chris said the permits for these processes will be minimal and not worth budgeting right now. They ,,are assuming the costs will be around $1,000 a piece. 4 Vail Town Council Meeting Minutes February 6, 2001 Council member Diana said they should then have $1,000 budget for each. Ochris said they are following their recommendations. He said some federal costs could include army core. of engineers fees, floodplain application processing; typically there is not a fee but it could delay the project. Additional discussion ensued regarding future fees in several areas. Council member Diana Donovan said the budget is still $10,350,000 and we can't go over it. And add additional items as time goes on. She reiterated that bathrooms are not a wish list item. Bob McLaurin stated he agrees that they need to work with the budget and project items and add wish list items later. Chris explained the tentative timeline of the facility construction schedule of Phase One. Otis stated the design development phase goes through March, final approvals from DRB on March 23 and PEC on March 26, and then coming back to Council on April 3, 2001 with design development full documents, cost statements and full presentation all in one. They have set up the process to bid the early site work and to start site work in early April 2, 2001. They would expect the project to be complete by July 4, 2002. .Council member Diana Donovan asked if a swimming pool is still in the project. Todd Oppenheimer stated the Phase Two portion or recreational facility, he asked the design team what would be the impacts to the utilities being buried in Phase One -A, if that was a swimming pool and basically they said it didn't make much difference. He was thinking ahead and it is not part of the project at this time and there are no additional costs at this time. Council member Chuck Ogiiby said he agrees with Rod's suggestion, with the addition of the restroom facilities. Diana had good suggestion on the artwork and bleachers and they may be put off for a while. Mayor Pro-Tem Sybill Navas, said the cost of the artwork budget includes the philosophy of the Art in Public Places Board to spend a little more to add unique paving patterns or benches that are not picnic benches. Todd stated the estimating process has moved forward very quickly and it is a line item being carried forward so it doesn't get lost in the process. It is not intended for sculptures but for unique aesthetic items. Mayor Pro-Tem asked if there was any public comment. There was no public comment at this time. Council member Diana Donovan asked where the per square foot cost is now. Vail Town Council Meeting Minutes February 6, 2001 Chris said it is around $420 square foot or $380 without any contingency funds. *Council member Diana Donovan said this is not an Eagle -Vail Pavilion. This is a fancy place which would also be used for community performing arts, dance classes, weddings. It is an upscale Eagle -Vail Pavilion and this needed clarification and which is apparent by the $420 square foot cost. She also asked if the things that were promised to the neighborhood on the second bench if they should be budgeted into this project or not. Carol Hymers, Glen Lyon neighborhood resident, stated she could speak about the second bench and what the neighborhood has asked. She said presently nothing has been promised to the neighborhood or the community on the second bench. What they want to see on the second bench is a children's park and there is tremendous amount of interest in this for a children and community park. They would love to see something this spring and if it could be rolled into this project that would be great. When they have firm letters they will come to the Council. Michael Cacioppo said there are two suggestions to avoid that are problems elsewhere. The Eagle -Vail Pavilion has a problem with their flooring and events have problems with it and it interferes with electrical equipment such as DJ equipment. Also, the Singletree Community Center has a solid floor but has an echo chamber going on and they are spending additional money to solve the echoing problem. Mayor Pro-Tem Sybill Navas stated they were not out to duplicate the Eagle Vail Pavilion or the Community Center. The idea was to give the community world class facilities that would be .Singletree commiserate with our image as a world class resort. It is also a place the community would be proud of and have multi -use events there including performing arts, dances, weddings and other events. Council member Diana Donovan stated she was clarifying the concerns of community members that thought they were getting an Eagle -Vail Pavilion and was looking to Sybill for clarifying that point since she was more involved in this project. Council member Greg Moffet made a motion to proceed with the next step in budgeting to refine the numbers per Rod's suggestion and he made a motion to prepare and award a contract for Phase One -A to Continental West Constructors, Inc and he also made a motion to prepare a Request for Proposal (RFP) for the design/build approach for the construction of the garden wall. Council member Rod Slifer seconded the motion. Council member Kevin Foley has concerns about the budget numbers and it needs flushing out, he also has concerns about what is included in the construction budget now and needs clarification. He said he is all for getting this project going but he has also heard from community members about their concern they are getting an Eagle -Vail Pavilion for the money. He is looking at the pocket book and wants to make this project work. He addressed the folks who live in the Matterhorn area and stated there are still some people who are holding out hope to use the middle bench of Donovan Park for affordable housing to help ease the housing problem. •Todd extended an invitation to Council to set up time to get detailed explanations on any budget items, and he will arrange a time with Chris and Otis to answer any line item budget they need answers on. Vail Town Council Meeting Minutes February 6, 2001 •Mayor Pro-Tem, Sybill Navas, said they are still wrestling with the floor plan and a question is how are you balancing the long term maintenance with a quality project that retains its quality and integrity over the years with hard and multiple uses. Council member Diana Donovan said she would be voting against the project because she feels the project could be done without using RETT funds. Council member Chuck Ogilby says he wants to see the bathrooms added from the get go and asked that the motion be amended to include the restrooms Council member Greg Moffet amended his motion to include the restrooms in his motion. Council member Rod Slifer seconded the motion. A vote was taken and the motion passed 5-1, Council member Diana Donovan was opposed. Chris asked for clarification on whether the bathroom costs were included in the $10,350,000 cost. Mayor Pro-Tem Sybill Navas said the restrooms were to be included in the $10,350,000 budget. A five-minute break was taken. The third item on the agenda was the Consent Agenda. Approval of the following was requested: .- Minutes of January 9, 2001 and January 16, 2001 meetings - Second Reading, Ordinance No. 1, Series of 2001, Order of Business - Second Reading, Ordinance No. 2, Series of 2001, Subdivision Exemptions Council member Chuck Ogilby made a motion to take out of the consent agenda the second reading of Ordinance No. 2, Subdivision Exemptions. Mayor Pro -Tern Sybill Navas stated there are some changes that need to be made to the meeting minutes and would suggest they separate all items under the consent agenda and consider them al separately. Council member Chuck Ogilby made a motion to separate all items under the consent agenda. Council member Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, 6-0. Mayor Pro-Tem Sybill Navas stated that she received a note from Kaye Ferry stating her comments from January 16th minutes indicating that her comments were not thanking the Council for the bubble on the golf course but remarking that in her opinion it was beautiful. Also, referring to the makeup of the board of directors of the Vail Chamber and Business Association, was not that there was a board of directors in place but that the board agreed to keep in place the existing board today which consists of the board of directors of the Vail Village Merchants Association, the Lionshead Merchants Association, the Vail Chamber of Commerce and the addition of a West Vail and Vail Associates member to the board. That board would serve in the interim until the Vail Town Council Meeting Minutes February 6, 2001 annual meeting in October and there was no mention that Kaye would serve as president until that time. Council member Greg Moffet moved to approve the meeting minutes of January 9 and 16, 2001, with those changes. Council member Kevin Foley seconded the motion. Council member Kevin Foley asked about item number six on the January 9th meeting minutes regarding the appointment of the managed growth agreement task force members, he said it was deferred at that time. He wants it back on the schedule to be handled. Council member Diana Donovan said on the January 9th meeting minutes that on item number 4, the last sentence should read " ...... to obtain a safer environment with the creative approach", is key to that thought. She read the sentence in full: "Councilman Donovan suggested this would be an opportune time to come up with a plan to eliminate curbs and obtain a safer environment with a creative approach." Council member Greg Moffet amended his motion to include the changes made by Diana, stated above, and Council member Kevin Foley seconded the motion. A vote was taken and the motion to approve the meeting minutes of January 9th and 16th as amended passed unanimously, 6-0. Council member Greg Moffet made a motion to approve on second reading, Ordinance No. 1, Series 100f 2001, amending Section 1-5-11 C of the Municipal Town Code establishing the order of business of regular and special meetings of the town council and Council member Chuck Ogilby seconded the motion. Council member Chuck Ogilby asked if this includes the Mayor Pro -Tern as well as the Mayor to change the agenda. Council member Greg Moffet stated that if the Mayor is gone, the Mayor Pro-Tem acts as mayor anyway. Council member Kevin Foley stated he would like to make his Council reports at the end of the meeting since he wasn't at the afternoon meeting. A vote was taken and the motion passed unanimously, 6-0. The next topic was second reading of Ordinance No. 2, Series of 2001, Subdivision Exemptions. Mayor Pro-Tem Sybill Navas stated that earlier today there was concern regarding the content of this ordinance. Brent Wilson, Town Planner, stated what this ordinance would do is create a review procedure for !those types of plats that the town processes where a formal subdivision of land doesn't occur. Currently the subdivision definition and the subdivision review process is geared toward dividing land into multiple parcels and they review many plats where there is no division of land into multiple Vail Town Council Meeting Minutes February 6, 2001 parcels, examples are a correction plat, a building envelope adjustment or a right of way boundary ,*adjustment. All of the language that is provided in this ordinance was either adopted from the subdivision regulations from four other jurisdictions across Colorado or already appears in the town code. The criteria and review standards come from four other subdivision codes across the state and the requirements and procedures section come from existing requirements and procedures in the town code for these types of applications. At the Town Council's request on January 16h, staff has added the language to item seven on page two, "single family or duplex lot boundary" and staff also added a sample plat title certificate like they do for all other plats in the subdivision regulations. Other than those changes there are no other changes. Council member Chuck Ogilby said the concern he heard from the community under number four, is the town holding itself to a different standard than we do the public and is this beyond the scope of what we are trying to accomplish by making simple adjustments for plats a simpler process. Are we putting ourselves in a position to be criticized and does this transfer into other issues like condemnation and open space too. Brent said the format content and procedures are identical to what is on the books for other types of subdivision processes. On page two, exemption plat format and content shall be as outlined in Section 13-3-6 of the subdivision regulations, that is the same format and content that applies to all of our other types of plats. The public notice requirements and public hearing requirements are still in place. When we say it's an exemption we are exempting it from the definition of subdivisions so there is no creation of parcels. There is still the same plat review process, public notice process, public hearing standards as other plats go through. The criteria is identical as other plat reviews we have in .the code. Mayor Pro -Tern: Sybill Navas asked what the specific reason is for including item number four. Brent said a lot of the projects that the town is involved in doesn't require the need to subdivide the parcel into multiple parcels. This allows the town to have an accurate plat with an accurate legal description. It helps the county get accurate records of the boundaries; it would have accurate applicable title information on the plat and is really a good record keeping benefit. Council member Diana Donovan asked if it wouldn't be easier to redefine subdivision. Brent stated staff looked into that but the definition comes out of Colorado Statutes and they didn't think it would be appropriate to have a different definition from the statutes. They took the seven applicable criteria from codes from other places around the state and as far as land use planning, they didn't want a different definition than what the State of Colorado recognizes. Tom Moorhead, Town Attorney, stated that our code is actually deficient by not having this provision in it. This facilitates correction plats as described by Brent and facilitates the other processes in the code and is a customary and standard land use provision. This is nothing unique; it is a matter of creating an opportunity for the platting process to proceed in a more orderly fashion. .Council member Diana Donovan asked if it could be tabled for another two weeks. Vail Town Council Meeting Minutes February 6, 2001 Tom stated that this has been in the process for two years and another two weeks wouldn't make a odifference. Brent moved forward on this after they had enough plats going through the subdivision process unnecessarily. Mayor Pro-Tem Sybil Navas asked what happens when a plat that doesn't need to be subdivided goes through the subdivision process. Tom said it goes through the subdivision process. He gave an example of a right of way going through a lot it goes through the subdivision process instead of the correction process. Brent said it makes it clear and concise to do it this way. Council member Diana Donovan asked what the difference was between a correction plat and exemption plat and the subdivision review process. Brent stated it is the definition of subdivision. Council member Diana Donovan asked if they could get a list of parcels that this would apply to that the staff knows of now. Brent said they could bring it back in a couple of weeks. Art Abplanalp, a local attorney, stated if it is going to be tabled he will not go through the list of items We is concerned about at this time. If what is being presented as Brent said it wouldn't be a problem. However, this could create additional issues and he doesn't feel it addresses the public notice or public hearing process. Affected property owners may not be notified of any change. Applicant is not defined and there are other aspects that need to be cleared up. He said he would return in two weeks to discuss the issues he has with this ordinance. Mayor Pro-Tem Sybill Navas stated there is sufficient concern with this ordinance and is worth further discussion. Brent stated two weeks would not make a difference in this ordinance and invited Art to meet with staff before two weeks and get the issues ironed out before hand, He referred to page Z and 3 regarding the public and hearing notice and said it comes directly out of the town code for special development district minor amendment regulations. Further discussion ensued regarding the process of subdivision plat reviews versus plats that are not being subdivided but need corrections. Tom stated this ordinance is beneficial to individuals who come forward to make corrections to a plat. It facilitates the amendment and recording of plats as opposed to going through the subdivision process. It is something the town has been urged to do by community members who have had to go is through a platting process unnecessarily when all they are doing is correcting a plat. Jim Lamont, representing the Vail Village Homeowners Association, items five and six on page two goes to the heart of what Tom has talked about. He has reviewed several different subdivision codes 10 Vail Town Council Meeting Minutes February 6, 2001 and included this in the Red Cliff codes because private property disputes could be handled *administratively. He hasn't had time to review the ordinance thoroughly but would like to meet with staff to get a clearer picture of this ordinance and would like to join the meeting with Art Abplanalp to discuss the issues. Brent said the condemnation issue Art brought up is addressed in the town code and the State of Colorado statutes. They are just creating a process to review the plat. Council member Kevin Foley made a motion to table Ordinance No. 2, Series of 2001 for two weeks, and Council member Rod Slifer seconded the motion. A vote was taken and the motion passed, to table for two weeks, unanimously, 6-0. The fourth item on the agenda was First Reading of Ordinance No. 3, Series of 2001, an ordinance amending the Town Code, Title 12, Chapter 6 to the Town of Vail Zoning Regulations to allow for the addition of Article I. Housing (H) District; amending Chapter 4, Districts Established; Amending Section 12-15-2: GRFA requirements by zone district; amending Title 12 Sign Regulations, Chapter 4, Sign Categories, Section 11-4a-1: Signs Permitted in zoning districts and setting forth details in regard thereto. Allison Ochs, Town Planner, stated she was passed out a revised copy of Ordinance No. 3 taking into consideration a few of the comments that were made at the worksession. There was a statement Wadded in one of the whereas provisions, that provide for adequate sites for employee housing within the town. The other whereas was not removed because there was only one council person asking to have it removed; however it can be removed before second reading if necessary. Also, affordable was taken out of the body of the text of the ordinance and it now reads employee housing. Allison stated the work session discussion was primarily about whether or not dwelling units would remain a conditional use. Currently, according to the new housing zone district dwelling units, not employee housing units, are a conditional use, subject to the following criteria: A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property. B. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed 30% of the total GRFA constructed on the property. Dwelling units are only created in conjunction with deed restricted employee housing. Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. Today Council expressed concern about dwelling units as a conditional use. There was discussion about eliminating them altogether as a conditional use or to limit the Gross Residential Floor Area (GRFA) to less than 30%. ,Mayor Pro -Tern Sybill Navas said there was definitely a difference of opinion on this ordinance. Council member Chuck Ogilby stated the percentage should be lowered from 30% to 15%. 11 Vail Torun Council Meeting Minutes February 6, 2001 Council member Greg Moffet said the town was so busy requiring perfect conduct from everyone that Othey created a situation where no one will do what the town wants them to. He said this ordinance would not get people to voluntarily comply. By limiting the ability of a developer to do build in a financially viable way, no housing will be built. Council member Diana Donovan said on the other hand there are people who want to make money and would rather not build affordable housing. Council member Greg Moffet stated he doesn't believe anyone will come in and build it out of the goodness of their heart. He said if you want housing someone will have to build it and you will need to have an up side to it. Further discussion ensued. Council member Kevin Foley stated it is the responsibility of the PEC and with the oversight of the Council to make sure the projects get done the way they want to see them built. These regulations give the town more of an opening to see things built. The PEC knows what this ordinance is trying to accomplish and so does the Town Council. He thinks this ordinance can spur people to build housing. Council member Rod Slifer said this afternoon he had originally stated he didn't care one way or another but has since changed his mind. He said he would vote for the 30%, based on the recommendation of the PEC. He also added that under conditional uses it is laundra mat not laundry .mats. Mayor Pro-Tem Sybill Navas said she agrees with Diana. Her concern is having the 30% dwelling units included when the parameters of the size of the project are not defined. She is concerned they'll get larger projects in the interest of including dwelling units, to pad the profit, when in fact it might be more suitable to have a building that works economically in terms of a housing project that is scaled down. She said it is unrealistic to think that Council is considering this zone district on undeveloped pieces of land that somebody might be dreaming of developing. The fact is it will apply to land that the town owns and an RFP will have to be sent out anyway. She doesn't see it applying to other land that someone wants the zone district to apply to their land. She is inclined to state dwelling units not be included. Council member Rod Slifer said made a motion to table Ordinance No. 3, Series of 2001 for two weeks. He said it looks like there would be a 3-3 vote and it will fail. Council member Chuck Ogilby said he would vote for this ordinance. He would rather see the percentage at 15% or at 0%, however, he would vote for it because we need it. This is a very important piece of legislation that this town needs. Mayor Pro-tem Sybill asked if they shouldn't wait for Ludwig Kurz to return and have a full Council to vote on this issue. • Council member Chuck Ogilby stated they could wait for Ludwig Kurz to return to vote on this ordinance. 12 Vail Town Council Meeting Minutes February 6, 2001 Allison asked if there is any further information that she could provide before the next Council meeting that may help them with their decision. Council member Kevin Foley asked for information about what other municipalities allow. Council member Diana Donovan said she doesn't think replacing affordable housing with employee housing does what we want it to do. Allison stated they took out affordable in the preface statement and doesn't have a problem adding deed restricting in the ordinance. Mayor Pro-Tem stated there was a motion on the table and need a second. Council member Kevin Foley seconded the motion to table this ordinance for two weeks. A vote was taken and the motion passed, 5-1, Council member Greg Moffet opposed. The fifth item on the agenda was First Reading of Ordinance No. 4, Series of 2001; amending Chapter 12-10, Town of Vail Code (Off -Street Parking and Loading); with specific regard to the "Parking Pay -in -Lieu" Policy application and fee structure; and setting forth details in regard thereto. Brent Wilson, Town Planner, stated Ordinance No. 4, Series of 2001 will adopt the changes to the "Parking Pay -in -Lieu" policy requested by the Town Council over the past six months. An ,Town's amendment to the fee structure per the request of Council was added and an addition of a new area for the pay in lieu program. Currently the program is implemented by zoning. Based on the direction by Council, the maps have been amended. On May 27, 2000, the PEC recommended approval of the changes and staff is recommending approval of Ordinance No. 4 on first reading. Council had asked to put this on hold because the town was going through the process of working with a consultant on the parking management plan and that is where the delay came from on this ordinance. Council member Kevin Foley asked if the recent removal of property in the Vail Village and Lionshead areas would contemplate redevelopment they would have to have parking on site. Brent said that was correct Mayor Pro-Tem Sybill Navas asked if the anticipated result was to have more parking places provided on -site and less impact in the parking structure Brent said that is correct and is one of the objectives. Council member Diana Donovan said she thought this might bring the opposite result when combined with the 30% reduction in the parking requirement, when it will discourage people from redeveloping because they could add so much square footage on without having a parking requirement because they remain a parking pay in lieu property until they redevelop. Brent stated there are two distinct issues with parking when talking about the zoning regulations; one is the parking generation, and the other is parking pay in lieu. When you talk about a business 13 Vail Town Council Meeting Minutes February 6, 2001 getting to bump out 30%, it is because Council adopted a new parking generation ordinance last March. If they find the 30% unacceptable, the town can reassess the parking generation issue. *However, this ordinance addresses the location of parking and if you pay off -site what the pay in lieu requirement is and what dollar amount. He said to alleviate concerns about the term demolition/rebuild they can adopt language that includes "at the 1,000 square foot floor area". Council member Diana is still concerned where the balance is but this may hinder redevelopment in Lionshead. Brent says if the ordinance is not adopted the same scenario still applies. Council member Diana Donovan said she will be voting against this ordinance because 30% reduction in the parking requirement and reduce the cost of what is left, puts the burden on the taxpayer as a whole. The last few weeks indicate we have a parking problem not a development problem. She said we have a vicious circle going because we are encouraging redevelopment but we do not have enough parking. Brent said by adopting this map they are taking out a number of properties in the pay in lieu program and it would require them to redevelop and add on -site parking. Council member Diana Donovan said she agrees in theory but still believes it would not be an incentive to redevelop. OCouncil member Greg Moffet said he differs with Diana. What is causing the parking problem is not the merchants or restaurants. The parking impacts are a direct effect of the ski mountain. The pay in lieu program is a tax on development on commercial property. The long-term objective of parking pay in lieu will continue to prevent retail diversity and redevelopment as well. He would prefer to get rid of it all together. He won't vote against this because it is a substantial move in the right direction. He would still rather see a fee of zero for commercial properties. Council member Rod Slifer said he agrees with Greg, the parking impact is driven by the ski mountain and not the retail businesses. Council member Kevin knows several people he knows have held off on redevelopment because of the parking issue. He thinks this is a step in the right direction. He also stated the need to be talking about the Frontage Road parking. Jim Lamont, representing the Vail Village Homeowners Association, there is real progress in clarifying who and who isn't eligible for the parking pay in lieu. His other concern is the exemption process for residential properties in pay in lieu areas. He said they need to be very clear and explicit on the exemption process and should be addressed before second reading. He also stated that since the business community is not in the Council chambers en masse indicates that there is an acceptance to this approach. Any incentive to allow small businesses to flourish is indicated but need to be careful in this area. This is a good step. Further discussion ensued. 14 Vail Town Council Meeting Minutes February 6, 2001 Kaye Ferry, said she takes exception of .3im's statement about this was a concern of the business they would all be there. She said she is representing all 596 business community *Community members at this time and if they had their way they would want the parking pay in lieu program thrown out for any retail businesses and property owners. As Greg stated, the business community is not the reason there is a parking problem. She said the retail community has all the parking they need as it exists with the exception of the ski mountain. She said she challenged Greg and Sybill, since they felt the parking pay in lieu was inappropriate and yet they are willing to take this because it is better than it was. Mayor Pro-Tem Sybill Navas corrected Kaye and stated for the record she did not say that she was supporting this ordinance as written. Kaye then stated she challenged Greg to change his stance and not vote to approve this ordinance just because it is better than what we had in the past, it's not what they want. It's either right or it's wrong. She would like to see the parking pay in lieu gone for all retail businesses in the community and if that's your opinion and that's what we support, then that is what his vote should be so they don't have to keep coming back on this issue every six months or every year. She wants him to vote to change it to the way it should be and work toward a way that benefits all of us. Mayor Pro -Tern Sybill Navas said she agrees with Kaye on voting the way you really feel is appropriate. She said Jim's comment on making progress on which properties are in and out is significant. She intends to vote against this because the retail businesses have paid their dues on parking and the continued assessments need to come from a different source. Council member Greg Moffet made a motion to approve Ordinance No. 4, Series of 2001 on first reading, with the exception of Section 12-10-16b(4), the elimination of the $6,137.27 fee for commercial uses and substituting zero dollars for commercial uses. Mayor Pro -Tern Sybill Navas stated she would second it if she could. Council member Rod Slifer seconded the motion. Brent stated they also needed to amend the trigger from the demolition/rebuild to 1,000 square feet consistent with the Lionshead zoning. Council member Greg Moffet amended his motion. Mayor Pro-Tem Sybill Navas asked which one was consistent with the Lionshead zoning. Brent stated that right now the way it's drafted, the trigger is upon demolition/rebuild. The language that they had in the Lionshead zoning was that anytime you add dorm units, accommodation units, fractional fee units or 1,000 square feet of commercial floor area that is considered significant redevelopment. So if it's a concern for Council, we can change what's on the books right now. • Further discussion ensued on the parking problem. 15 Vail Town Council Meeting Minutes February 6, 2001 A vote was taken and the motion passed, 4-2, with Council members Diana Donovan and Kevin Foley .were opposed. The sixth item on the agenda was the Adoption of Resolution No. 1, Series of 2001, the Town of Vail Land Use Plan and Map. George Ruther, Senior Town Planner, stated the Community Development Department came to Council about a month before to approve the official Town of Vail Address Map and now they are coming before Council to have the official Town of Vail Zoning Map approved. The reason for doing this to take advantage of the new technology they have and as indicated it does not amend nor does it alter the existing contents of the paper map. This replaces the format of the map with digital technology and provides the towns customers with enhanced services. Council member Greg Moffet made a motion to adopt Resolution No. 1, Series of 2001, and Council member Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, 6-0. The seventh item on the agenda was the Adoption of Resolution No. 2, Series of 2001, a resolution to provide the Town Council shall ex-officio be appointed the Commissioners of the Vail Housing Authority. •Council member Greg Moffet asked Tom what ex-officio means. Tom said the Town Council would not only serve as the Council but would also serve ex-officio as the board for the housing authority. He said the Housing Authority was put in place by Resolution No. 25, Series of 1990 and the member's terms have expired. Tom said Greg was on the last housing authority as the nonvoting member from the PEC. The last term has expired in 2001. If you adopt this resolution the Town Council would serve as the board members of the Housing Authority and have meetings as the Housing Authority where you would work as that body. At that time, the Council would decide whether they wished to continue to fill that role or whether you wished to fill that role until such time as the Council would appoint other members to the Housing Authority. Council member Greg Moffet asked if this was like the marketing board where the Council could continue to occupy the position as the Housing Authority. He asked if there were existing Housing Authority charter provisions that would prohibit that. Tom said no, the Housing Authority functions pursuant to the Housing Authority section of the Colorado Revised Statutes. It is a separate political entity and is formed by resolution with specific findings of the needs of the community. Those findings were made in 1990. Council member Greg Moffet made a motion to adopt Resolution No. 2, Series of 2001, and Council member Chuck Ogilby seconded the motion. *Council member Kevin Foley asked if this meant extra meetings. 16 Vail Town Council Meeting Minutes February 6, 2001 Tom said definitely there would be extra meetings that would have presentations in regard to 16housing issues. There was a learning curve that the original Housing Authority went through. They have tremendous power to function as an independent body. There have been significant programs developed by the housing authorities in the state. One recent program was a $16 million dollar development at the Telluride Mountain Village Resort. It does have the opportunity to address the housing needs and can be significant and will take some time. He named several previous board members that put in significant time that were in positions that are allied in addressing some of the housing issues. Mayor Pro-Tem Sybill Navas asked if it is legal to have a meeting adjacent to a Council meeting. She said this would be an interim state until other board members could be appointed. Tom said yes, these meetings could be in adjacent to the Council meetings. He said in regard to various properties are being considered for housing it would be appropriate to have the Housing Authority be involved in some of those decisions. It is appropriate for the Housing Authority to start meeting and to move forward. Consistent to one of the work sessions, they should meet and bring in people who can explain the advantages and what can be done by Housing Authorities, and what the time commitment might be and to determine whether Council wants to continue to be that board or if they wish to appoint other people to be board members on the Housing Authority. Council member Diana Donovan said she see why they need to do this step but wants a non -political Housing Authority so they can make more intelligent, and less emotional decisions and have the .Housing Authority manage the housing inventory. Bob McLaurin said he has had conversations with previous board members that may be willing to serve on the Housing Authority again. A vote was taken and the motion passed unanimously, 6-0. The eighth item on the agenda was the Town Manager's Report. Bob McLaurin, Town Manager, stated he had nothing to add. Mayor Pro-Tem Sybill Navas asked if they needed any decisions on any of the items today. Pam said they did need action from Council on the Consolidated Municipal Center. She stated as outlined in the Council's Critical Strategies, staff has solicited a feasibility study to review the possibility of locating the following functions on the current municipal/community development site: underground parking, two company fire station, the police department would remain, town administration offices, court, council chambers, community development, centralized information services, and affordable housing. She said they received good comments from Community Development this afternoon on the feasibility study offer. There are further items that are not in the . study but they would want included in the fee of $20,000 to $25,000, which would include the surveying of the site, soils investigation, interior design, structural and electrical and mechanical engineering if they are required by the study. Staff would be more comfortable having a "not to 17 Vail Town Councii Meeting Minutes February 6, 2001 exceed dollar amount" on those and as they progress, perhaps they can come back to Council as •they move forward on this. Mayor Pro Tem Sybill Navas asked about the item under phase two of the budget study, does this imply giving the town a rough estimate of the cost to build it. Council member Diana Donovan stated she couldn't believe we are considering all these projects at the same time. Bob McLaurin stated he thinks this is a ten-year project. You need to start doing the work now and it's something that evolves over time. The western part of the building is functionally obsolete, this isn't competing, and it is a long-term project. This is not in the budget; it would be a supplemental. Mayor Pro-Tem Sybill Navas stated there are two items on the list that the Council has been trying to address, the fire station and the centralized information services as part of the immediate goals. Bob said the three things pushing this are the obsolete functionality of the building, the fire station and the centralized information services discussions. It will take a long time to get this project going. This step is just to see if it is feasible to do. Council member Diana Donovan stated something has to fall out of the program. said they are not funding any capital this was done because staff thought they were following ,Bobthe direction of Council. If this was not the case, they can pull it off the table. However some Town Council and some Town Manager will have to address this issue. Further discussion ensued. Council member Greg Moffet said he didn't think the Council needed to authorize this since it would need to be on a supplemental anyway. He said he would agree to have this added to a supplemental. Four Council members gave Bob the go ahead to add this as part of a supplemental. Council member Diana Donovan said to do as little as possible since this is a long-term project several things would change over the years and the town doesn't have the money. Pam Brandmeyer then asked the Council for a decision about scheduling the construction hours. Fourth of July falls on a Wednesday this year. Council member Kevin Foley asked what major construction projects is the town anticipating in Vail Village and Lionshead this summer. Pam stated the Vail Athletic Club will be continuing. • Bob said they would need to do more research. Council member Kevin Foley stated he would be comfortable with Friday through Sunday this year. 18 Vail Town Council Meeting Minutes February 6, 2001 Council member Greg Moffet asked what the big employers are doing. Pam said this would be a big impact to the construction community if it's closed down for Monday, Tuesday, Thursday and Friday. Further discussion ensued. Council member Rod Slifer asked for a list from Community Development on the construction projects that may be affected. If it is not too many then the town could do a longer time frame. Pam stated she would bring this back to Council at next weeks work session. Pam said she had information from Steve Thompson regarding percent of the total county -wide revenues from property tax is 19.4% and total county -wide revenues from sales tax is 22%. So about 42% of the county's budget comes from countywide sales tax and property tax. Council member Greg Moffet asked where the rest comes from? Pam said they could find out and put that in the Council packets on Friday. Their total budget for 2001 is $60 million and does not take into account any reductions for interfund transaction transfers. member Kevin Foley said there was a lot of discussion about parking and Frontage Road ,Council parking and it is not going to go away and it isn't getting better. The town needs to sit down on the managed growth agreement and manage the town's growth. We need to make sure the impacts of the ski mountain aren't hurting the town and people are not getting hurt. • Bob said the ski company is estimating the Colorado Pass is about 12% to 15% of the total skier's year to date. The ski company has offered to shuttle people. The town thinks that is a bad idea because there is enough already going on. He has asked that Vail Resorts consult with the town before they give away ski days next year and restrict them to mid -week days. Council member Chuck Ogilby asked if they could give incentives to people to carpool. Bob said they talked about it but run out of time this year but will consider it next year. Further discussion on incentives and having people come at nonpeak times ensued. Council member Kevin Foley said the Red Sandstone PTA wants a letter from the Council stating what the intention is for the athletic field at Red Sandstone is a this time. He said this is the only school that doesn't have an athletic field. Bob stated he met with the Nancy, the Red Sandstone PTA president, last week and she is informed of the status. 19 Vail Town Council Meeting Minutes February 6, 2001 Council member Greg Moffet said the marketing advisory selection of an advertising agency is 0 complete as of today. Also, he attended the childcare facilities meeting last week and Council will hear more about this next week. Council member Chuck Ogilby attended a meeting with a bunch of water providers and it was very informative and beneficial and there might be good things coming out of it for the western slope. He said he received some e-mail from upset visitors about Vail taking a position on the national publicity on the Hall case. He said how do they figure Vail had something to do with it. Council member Greg Moffet said the emails come from uninformed people. Council member Chuck Ogilby said another issue is a letter from a guest on New Year's about the police comment at the Dobson Ice Arena. Bob said Greg Morrison responded to the woman and explained the procedure. Mayor Pro-Tem Sybill Navas said she had one other item to discuss regarding an e-mail she received from Glen Davis about the grand opening of the temporary ice arena on February 17t". He stated that most of the hockey players would be out of town the day of the grand opening and wanted to move it to another date. Council member Rod Slifer said the official opening is a later date. He said he was pleasantly •surprised that at night it is dark and it turned out better than he thought it would. Bob said he would call Glen and respond to his e-mail and will get a copy of the e-mail from Sybill. • Council member Kevin Foley said the banners on the poles could depict other winter activities besides skiing to show Vail is a winter Mecca. He thanked Lorelei Donaldson for getting the amplified sound letters and permits out so that all establishments are informed of the rules and regulations and hopefully they will abide by them. He would like to see additional trash receptacles at each end of the pedestrian overpass, chained, because the trash is accumulating through the winter and maybe people would use it. Public Works did a great job on Matterhorn Hill notifying people of the runoff problem the town had this past weekend. He thanked them for getting on it so quick. He got a call from Banner Sports with a concern about a big sign about skier lockers and storage and they wanted to know if they could put up a sign without going through the correct channels. 20 Vail Town Council Meeting Minutes February 6, 2001 As there was no further business, a motion was made by Council member Kevin Foley to adjourn the meeting and Council member Greg Moffet seconded the motion. A vote was taken and the motion ,passed unanimously, 6-0. The meeting was adjourned at 10:30 p.m. Respectfully submitted, OF S E A L Sybill Navas rf}s?r:t ``s Mayor Pro -Tern 1(.��i i ATTES76: relei Donaldson, Minutes taken by Lorelei Donaldson • • Town Clerk 21 Vail Town Council Meeting Minutes February 6, 2001