HomeMy WebLinkAbout2003-10-07 Town Council Minutes• VAIL TOWN COUNCIL
Evening Meeting
Tuesday, October 7, 2003
The regularly scheduled Vail Town Council meeting was called to order at 6:00 P.M.
on Tuesday October 7, 2003 by Mayor Ludwig Kurz. In calling the meeting to order,
Mayor Ludwig Kurz offered condolences to Mary Caster and her family upon the
recent death of Sonny Caster. Mary Caster is a longtime employee of the town. Mayor
Kurz also officially welcomed Stan Zemler as the new town manager and
congratulated Pam Brandmeyer and the entire town staff for their hard work during the
search process. In return, Brandmeyer extended her appreciation to the department
directors and other members of the staff while serving as interim town manager during
the transition.
MEMBERS PRESENT: Mayor Ludwig Kurz
Rod Slifer, Mayor Pro-Tem
Dick Cleveland
Diana Donovan
Bill Jewitt
Greg Moffet
Chuck Ogilby
• STAFF PRESENT: Stan Zemler, Town Manager
Pamela Brandmeyer, Assistant Town Manager
Matt Mire, Town Attorney
The first item on the agenda was Citizen Participation.
There was no citizen participation.
The second item on the agenda was Appointment of November 4, 2003 Election
Judges. Greg Moffet moved and Diana Donovan seconded to appoint four election
judges who will serve during the Regular Municipal Election on November 4. The
Council passed the motion 7-0. The judges are Mary Jo Allen, Vi Brown, Holiday
(Holly) Cole and Summer Holm. Mayor Ludwig Kurz thanked the judges in advance
for their service to the community.
The third item on the agenda was Conference Center Oversight Committee Update.
Mayor Pro-Tem Rod Slifer, who serves as chairman of the Conference Center
Oversight Committee, provided a progress report on work currently underway to
develop a conference center following voter approval last November. Slifer reported
that focus groups have been held with meeting planners in Denver and Chicago as
part of an information gathering process by the consulting firm HVS. The town has
. hired HVS to complete three objectives, Slifer explained. First, to determine the
• feasibility of a conference center; second, to determine the size and programming of a
facility; and third, to develop a business plan. The town's contract with HVS calls for
completion of the analysis in early December with an update presented to the
Oversight Committee and the Town Council later in the month. In concluding the
update, Slifer acknowledged Councilman Bill Jewitt and other members of the
committee: Stan Cope and Dave Pease, from the lodging community; Frank Johnson
and Mery Lapin from the business community; Scott Proper and Rick Scalpello from
the community at large; and Bill Jensen from Vail Resorts.
The fourth item on the agenda was the Animal Control Services Intergovernmental
Agreement. Greg Moffet moved to approve a resolution authorizing the town manager
to sign an intergovernmental agreement with Eagle County for 2004 animal control
services. Bill Jewitt seconded the motion. The Council voted to approve 7-0. The
agreement includes a monthly payment of $3,250 by the town for estimated patrols
and sheltering requirements.
The fifth item on the agenda was the Sonnenalp Resort Encroachment Easement.
A motion was made by Greg Moffet to authorize the town manager to enter into an
encroachment agreement with the Sonnenalp Resort to address a three foot surveying
error contained in the original plat. Chuck Ogilby seconded and the Council voted 7-0
in favor. The encroachments include two portions of the Sonnenalp Resort building at
20 Vail Road, a small retaining wall and a small portion of a hot tub for a total area of
. 57 sq. ft. During discussion, Councilmember Diana Donovan asked if the town should
consider receiving a payment from the Sonnenalp, noting the town's deck lease
arrangements. Councilmembers Chuck Ogilby and Rod Slifer said the situation was
different than a deck lease, noting the surveying error was an innocent mistake. Both
recommended the town accept the encroachment as presented, which was approved
unanimously. Also during the discussion, Councilman Dick Cleveland received
clarification that the encroachment would revert back to the town once the
improvements are removed.
The sixth item on the agenda was Lionshead Landscaping Development Review
Process Request. Dick Cleveland moved and Bill Jewitt seconded to approve a
request by Robert Lazier, owner of the Lazier Arcade building and owner of
commercial spaces in the Lifthouse Lodge, to proceed through the development
review process with a proposal to construct several landscaping projects in the town's
right-of-way. The Council voted 7-0 to approve the motion. Staff noted that Lazier
has proposed the addition of landscape planter beds, removal of several trees and a
reduction in the size of a planter behind the skier sculpture at the entrance to
Lionshead. With Town Council authorization in place, the applicant must now proceed
with an application to the Design Review Board (DRB). Councilmember Diana
Donovan urged the DRB to review the application carefully.
The seventh item on the agenda was Village Center Condominium Sidewalk Request.
Greg Moffet moved to approve a request by the Village Center Condominium
• Homeowners' Association to proceed through the development review process with a
• proposal to heat a portion of sidewalk that encroaches onto town stream tract
property. Dick Cleveland seconded the motion and the Council voted in favor, 7-0.
During discussion, Councilmembers received clarification that the stream tract and
sidewalk will continue to remain accessible to the public. Also, it was noted that staff is
unaware of any new issues by the homeowner's association regarding the adjacent
whitewater park. Councilman Rod Slifer complimented the Village Center for making
substantial improvements to the property over the past two years. He said the remodel
is a good example of what needs to happen with older condominium properties
elsewhere in the community.
The eighth item on the agenda was a Request to Improve a Portion of Town of Vail
land adjacent to 2039 Sunburst Drive. Chuck Ogilby moved to deny a request to
proceed through the Town of Vail development review process with a proposal for
proposed improvements on town -owned land adjacent to a home at 2039 Sunburst
Drive. Diana Donovan seconded the motion. The Council voted 6-1, Rod Slifer
opposed the denial. The homeowner, represented by NEDBO Construction, had
proposed building a set of stone steps across a strip of town land between the golf
course and recreation path, noting that a neighbor had made similar improvements on
town land. During discussion, Diana Donovan urged fellow councilmembers to deny
the request, noting that the steps would create the perception the land is private rather
than public, and that it would trigger similar requests from other properties in the
neighborhood. While NEDBO Construction representative Rollie Kjesbo noted an
• existing precedent with installation of steps by a neighboring property owner, several
councilmembers suggested checking files from the Community Development
Department to verify authorization.
The ninth item on the agenda was a First Reading, Sign Code. A motion was made
by Dick Cleveland to table first reading of an ordinance to update and modify the
town's sign code. Rod Slifer seconded and the Council voted 7-0 to table the
ordinance to the October 21st, 2003, meeting to allow time for various formatting
updates suggested by the Council.
The tenth item on the agenda was a Second Reading, Type II Employee Housing Unit
Revisions. Greg Moffet moved to table second reading of an ordinance to allow a
Type II employee housing unit as a permitted use and to eliminate a Type II employee
housing unit as a conditional use in the town's residential zone districts. Diana
Donovan seconded the motion. Councilmember Diana Donovan suggested tabling
the ordinance to January 20, 2004, to allow time for completion of Council
deliberations on a Planning and Environmental Commission recommendation to
modify the Gross Residential Floor Area (GRFA) calculation and to evaluate housing
occupancy enforcement efforts. In the interim, staff was directed to provide a schedule
on a housing enforcement plan. The Council voted 7-0 to table second reading to
January 20, 2004. The ordinance was originally drafted to improve efficiency of the
development review process, causing several Councilmembers to question the
rationale and the overall effectiveness of the Type II units in contributing to employee
• housing.
The eleventh item on the agenda was a Second Reading, Four Seasons Resort.
Following a motion by Councilman Greg Moffet in which findings of fact were read into
the record, Bill Jewitt seconded and the Council voted 7-0 to approve second reading
of an ordinance to allow for the redevelopment of the Chateau at Vail and the Vail
Amoco site. While first reading approval for the'Four Seasons Resort had been
granted by the Council on May 6, it was noted that final approval had been delayed to
resolve several conditions required during first reading, including a request by 9 Vail
Road for additional parking spaces to satisfy an arrangement that occurred when the
two properties were built. The applicant, Nicollet Island Development, Inc., proposes
to tear down the existing Chateau property and construct a Four Seasons Resort to
include 118 accommodation units, 22 condominiums, 34 employee housing units,
retail and restaurant uses, conference and meeting rooms and a spa and health club.
During the staff presentation, Chief Planner George Ruther highlighted several
changes in the ordinance from first reading to second reading and noted the effective
date of the ordinance would be February 1, 2004, to allow for the purchase of the
property by Nicollet Island Development. It was also noted that if the purchase is
revoked, development rights would be transferred to the current property owner. The
development approval is good for a three year period beginning October 7th, 2003.
During the public comment period, Richard Kent, president of the Scorpio
Condominium Association, expressed concerns about the project's bulk and mass on
the west end of the building, saying it dwarfs other properties. Jim Lamont of the Vail
• Village Homeowners Association complimented the developer and adjacent property
owners for their cooperation in working to address numerous issues. Lamont
suggested the need for the parties to continue those discussions to help refine the
architecture. His suggestion prompted a brief presentation by the architectural team in
which building height and mass comparisons were shown based on the current design
versus a previous development approval. While voting to approve the development
and calling it a good project, Councilmember Diana Donovan reiterated her opposition
to the Public Accommodation zone district. She said the town needs to be sensitive in
protecting views from existing properties as it considers future redevelopment.
The twelfth item on the agenda was a Second Reading, Vail Amoco Rezoning.
Greg Moffet moved to approve second reading of an ordinance to rezone the Vail
Amoco site from the Heavy Service zone district to the Public Accommodations zone
district. Bill Jewitt seconded and the Council voted in favor, 7-0. The ordinance
accompanies other approvals necessary for construction of the Four Seasons Resort
which will replace the Vail Amoco station and the Chateau at Vail near the Main Vail
roundabout. During discussion, Councilmembers received clarification on the effective
date of the ordinance, which is February 1, 2004. Also, it was noted the zoning will
revert back to the Heavy Service zone district if the development is not implemented.
Town Manager Stan Zemler complimented the town staff, the applicant and the
adjacent neighbors for resolving the issues that had caused the action to be tabled
previously. Diana Donovan also acknowledged the staff's work and the overall review
process. Councilman Dick Cleveland said the approval represents a major step
• forward in Vail's revitalization
• The thirteenth item on the agenda was a Second Reading, Outdoor Display of
Goods. An ordinance that would have regulated the outdoor display of goods in the
commercial areas of Vail Village and Lionshead failed to win approval on second
reading due to lack of a second following a motion to approve offered by Bill Jewitt.
The ordinance, which was drafted to define and limit the outdoor display of goods to
an eight month period from April 1 to December 1, had been approved on first reading
by a 4-3 vote on Sept. 16. This time, at the suggestion of Councilmember Diana
Donovan, who suggested the issue is more about "tacky" outdoor displays than
anything else, the Council directed staff to draft specific guidelines to help control the
quality of outdoor displays. Councilman Dick Cleveland also expressed opposition to
the ordinance, noting the need for businesses to have flexibility in adapting to a
constantly changing retail climate. At the September 16th meeting, Bob Walsh of Vail
Resortwear and Charlie's T-shirts had urged the Council to vote against the
ordinance, noting that 15 percent of his business is derived by people who are drawn
into the stores by the outdoor displays. It was noted that Walsh had repeated his
concerns in a recent voice mail message to the Council. Tom Higgins of American Ski
Exchange was present at the meeting and volunteered to serve on a committee, if
needed, to help draft guidelines which would allow for displays year-round. Michael
Cacioppo applauded the Council for what he called a "great decision."
The fourteenth item on the agenda was a Second Reading, Vail Memorial Park
• Rezoning. Following a motion by Chuck Ogilby and seconded by Diana Donovan the
Council voted 7-0 to approve second reading of an ordinance to rezone a portion of
town -owned open space to allow for construction of a memorial park. The land, an 11-
acre portion of the Katsos Ranch property near the Golf Course in East Vail, is being
rezoned from Natural Area Preservation District to Outdoor Recreation.
Councilmember Diana Donovan, who helped facilitate the memorial park, said the
group is "now taking reservations" and that anyone interested in learning more about
the effort should contact her for details. Rod Slifer complimented the project, noting
the lack of opposition. In the past, he said, the cemetery issue had been the subject of
much discussion and debate
The fifteenth item on the agenda was a Second Reading, Supplemental
Appropriation. Greg Moffet moved and Rod Slifer seconded to approve second
reading of an ordinance authorizing the expenditure of an additional $2.6 million for
2003. The Council voted 7-0 in favor. The expenditures will be offset by additional
revenues of over $2.7 million. During the discussion, Finance Director Judy Camp
explained several modifications to the ordinance that had occurred after first reading,
including the addition of costs for setting up the Vail Ice Dome, signage for the visitor
centers, settlement costs associated with a lawsuit filed by the Roost Lodge and
purchase of seven replacement vehicles for the Police Department. Councilmembers
asked for clarification regarding a $90,000 expenditure shown for a countywide
computer -aided dispatch and records management system. It was explained that
$90,000 is the portion of the project to be funded in 2003 from the Dispatch Services
40
Fund capital reserve, which includes contributions from all user agencies based on a
• call -load cost share formula. Upon learning the Town of Vail's call -load has been
calculated at approximately 40 percent, Councilmember Diana Donovan questioned
the accuracy of the calculation, saying it doesn't make sense. However, Dick
Cleveland noted that staffing levels for emergency services personnel are higher than
elsewhere in the county, which could account for the 40 percent call -load.
•
The sixteenth item on the agenda was a Second Reading, 2004 Budget. Chuck
Ogilby moved and Dick Cleveland seconded to approve second reading of the 2004
budget. The Council voted 6-1 to approve, Moffet against. It was noted that a super
majority vote (5 or more) is required due to an imbalance in the sales tax allocation to
the general fund versus the capital fund. The Town Charter requires a 50-50 split
unless approved by a super majority. As approved, the budget includes net revenue of
$36.4 million and net expenditures of $37.7 million, which represents a 7.8 percent
decrease in revenue from 2003 and a 10.1 percent decrease in expenditures. The split
for the town's four percent sales tax is 60 percent of projected revenues to the general
fund and 40 percent to the capital projects fund. During the discussion, Councilman
Chuck Ogilby asked Finance Director Judy Camp to explain how revenues are derived
from a federal grant to purchase new buses for the town. The grant requires a 20
percent match at the local level. Public Works Director Greg Hall then described the
process the town uses to apply for the bus grants, which includes a collaborative effort
by Colorado transit providers,to forward a joint recommendation to Colorado's
Congressional delegation. Eight new buses have been ordered for the outlying routes
and will be delivered in February. Councilman Dick Cleveland inquired about
alternative fuel sources, to which Greg Hall indicated the town would be purchasing an
electric -diesel hybrid within the next two years to evaluate performance prior to
replacement of the in -town fleet in 2008. In making the motion to approve the budget,
Ogilby said when he arrived on the Town Council four years ago, the general fund was
being supplemented by the capital budget at the rate of $1 million a year. Ogilby
credited former Town Manager Bob McLaurin and Interim Town Manager Pam
Brandmeyer for their efforts in working to cut the general fund budget by another $1
million in 2003. Noting the 2004 budget has reserves, he called the process a great
accomplishment. Councilman Greg Moffet said that while he didn't want to detract
from the staff's hard work in cutting the operational budget, he reiterated comments
made previously in which he said he objected to a line item expense in the capital
budget for the Village streetscape project in which the town would fund 100 percent of
the cost of snowmelt in selected areas in the public right-of-way. Moffet had said he
preferred those costs be shared proportionally, with adjacent property owners picking
up two-thirds of the cost. Councilman Bill Jewitt said that while he, too, objected to
funding 100 percent of the snowmelt cost, his vote would be in support of the budget
to make sure a super majority is met. However, Jewitt said he hoped the town would
soon return to the 50-50 budgeting allocation. Councilmember Diana Donovan noted
the Town Charter allows for an uneven split in sales tax allocation.
The seventeenth item on the agenda was the Town Manager's Report.
During a review of the town manager's report, Greg Moffet moved and Bill Jewitt
seconded to authorize the town manager to sign an intergovernmental agreement
• (IGA) with the Eagle River Water and Sanitation District for a contribution of $100,000
to be used for the Vail Pass sediment control project during the next two years. In
voting to approve the IGA, Councilmember Diana Donovan asked that a portion of the
funding be returned to the Eagle River Watershed Council. The Council voted 7-0 to
approve. Noting the watershed's success in working with multiple agencies and
generating results, Councilman Rod Slifer suggested involving its director, Caroline
Bradford, in future discussions on the 1-70 noise issues.
Also during the review, the Council agreed to include up to $17,000 in the next 2003
supplemental budget for a new sound system for the Council Chambers. In addition,
the Council agreed to nominate Andy Wiessner of Vail as a candidate for the Eagle
County Citizens Open Space Advisory Committee. Wiessner's name will be forwarded
to the Eagle County Commissioners for consideration.
Following an update by Public Works Director Greg Hall on a proposed
intergovernmental agreement with the Vail Recreation District (VRD) regarding use of
the Ford Park athletic fields for temporary parking (200 spaces) during the ski season,
Chuck Ogilby moved, Bill Jewitt seconded, and the Council voted 6-1 (Kurz against) to
approve a motion by Chuck Ogilby to remove the town's financial support from the
project, retaining the town's offer to operate the facility. The vote leaves the Vail
Recreation District and Vail Resorts to work out a possible agreement without the
town's involvement. Councilmembers took the vote after learning of $150,000 to
• $200,000 in additional financial risks associated with restoration of the softball field
following the end of ski season. Those risks include the possibility of a full re -sod, full
reconstruction of the irrigation system and loss of net revenue. Councilman Greg
Moffet said that while nothing the VRD has asked for is unreasonable, the unlimited
exposure to the town on the back end is too great. Councilman Dick Cleveland
agreed, saying the costs have now become "beyond reasonable." Greg Hall noted that
160 spaces at the West Day Lot will be added to the public parking inventory this
season and it could be possible to add 200 spaces from the Chateau Vail site
beginning in January. Councilman Cleveland suggested contacting the current owner
of the Chateau to inquire about the possibility of using the lot sooner as well as the
feasibility of using the Old Town Shops site, while Councilman Rod Slifer suggested
inquiring about using the Vail Village Inn site. In voting against the motion, Mayor
Ludwig Kurz said that in principle, "we're not getting anywhere."
After reviewing an item in the town manager's report on the temporary skatepark,
which costs the town approximately $19,000 for set-up and tear -down annually,
Councilman Greg Moffet suggested it is time to direct staff to look at a permanent
facility. Councilman Dick Cleveland said the project would be well suited for other
fundraising mechanisms, such as sponsorships.
As there was no further business, Greg Moffet moved and Bill Jewitt seconded to
adjourn. A vote was taken and the motion passed unanimously, 7-0.
0
Respectfully submitted,
Donaldson, Town Clerk
•
•
Ludwig Ku4, Mayor