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HomeMy WebLinkAbout2003-11-04 Town Council Minutes• VAIL TOWN COUNCIL Evening Meeting Tuesday, November 4, 2003 The regularly scheduled Vail Town Council meeting was called to order at 7:00 P.M. on Tuesday November 4, 2003 by Mayor Ludwig Kurz. In calling the meeting to order, Mayor Ludwig Kurz thanked Chuck Ogilby for his four years of service on the Council, which drew a round of applause from the audience. 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. Is The second item on the agenda was the Consent Agenda, Approval of Meeting Minutes. Dick Cleveland moved and Diana Donovan seconded to accept the evening minutes from September 16, October 7 and October 21 as presented. The Council voted 7-0 to approve. The third item on the agenda was Resolution number 12, creating an Urban Renewal Authority. Greg Moffet moved, after the text was read into the public record and a typo removed, to approve a resolution to create an Urban Renewal Authority. Bill Jewitt seconded the motion and the Council voted 7-0 to approve. Cr6ation of the Urban Renewal Authority, which will be called the Vail Reinvestment Authority, is the first in a series of steps that will enable use of Tax Increment Financing (TIF) to fund repairs to streets and other public property in Lionshead to complement millions of dollars of private sector reinvestment by Vail Resorts. Prior to the vote, Mayor Ludwig Kurz thanked members of the Lionshead Task Force who worked for more than 16 months to evaluate various public financing options. In the end, the Task Force recommended creation of the Urban Renewal Authority and the subsequent use of Tax Increment Financing to address Vail's reinvestment needs. During the public comment session, the Council heard from Jim Lamont, executive director of the Vail Village Homeowners Association and a member of the Lionshead Task Force. Lamont offered support for the resolution, noting that while an Urban Renewal Authority carries a degree of controversy, it is an appropriate mechanism for Vail because it has withstood important legal challenges. Lamont noted the Homeowners Association has provided the town with a letter outlining its recommendation of support with qualifications, based on the Association's interest in preserving private property rights, among other issues. While • Lamont said the association still had some degree of trepidation on the matter, he urged the Council to approve the resolution, noting his confidence that trust and honor would • prevail in protecting private property rights and the public interest. Lamont also noted several modifications that were made at the request of the Association and the Task Force. Those include formation of a neighborhood advisory committee to help with the oversight of the public improvements, an improvement plan that specifies projects, a commitment to avoid the use of third party condemnation and a provision to allow condemnation of defunct covenants with the approval of the affected property owner. Also speaking was Michael Cacioppo, publisher of Speakout, who inquired about property value assessments and the impact to other taxing districts. In response, Councilmembers Greg Moffet and Bill Jewitt said the revenues won't decrease. They went on to explain that the other taxing districts will receive the normal incremental growth as they would ordinarily receive. However, any property tax revenue growth directly attributable to redevelopment will be returned to the neighborhood to pay for the public improvements. Cacioppo also inquired about a court case in Glenwood Springs in which Colorado Mountain College had challenged the Downtown Development Authority's planned use of TIF. Also speaking was Tom Steinberg, a former councilmember, who offered his support for use of TIF in Vail, noting that the 1.5 mill countywide open space property tax, approved by voters last November, will help contribute to the income generated by TIF. The fourth item on the agenda was Appeal of Vail's Front Door Project. After hearing testimony from both parties and citing findings of fact, Greg Moffet moved to uphold the Planning and Environmental Commission's (PEC) approval of the development plan submitted by Vail Resorts for the "Front Door" project. Chuck Ogilby seconded the motion. The Council voted 6-0-1 to approve with Rod Slifer recusing himself. citing • findings of fact. The project, as approved by the PEC on September 22, includes improvements to the Vista Bahn ski yard, a new underground skier services area, a 14- bay underground loading and delivery facility, construction of a new ski club, fractional fee units and a spa. Citing a number of design and compatibility issues, the approval had been appealed by LuAnne Wells, an adjacent property owner, who, in addressing the Town Council, expressed concerns about a reduction in the size of the ski yard and expressed an interest in working on a solution. In presenting Wells' list of objections to the Town Council, appellant attorney Andrew Littman referred to a letter from architect Gordon Pierce, who was asked to review the design prior to the appeal hearing, in which Pierce questioned the compatibility of the loading and delivery facility, the project's density and other concerns. Littman then presented some newly created design alternatives that offered a smaller loading and delivery component, asking the Council to consider sending the project back to Vail Resorts to be reworked. In response, attorney Jay Peterson, representing Vail Resorts, said the new design alternatives are insufficient in meeting town codes for loading and delivery. He said the applicant worked hard to gain consensus from the surrounding property owners, with the exception of LuAnne Wells. Peterson then called upon Tom Braun of Braun and Associates to review and refute each of the objections raised by the appellant. During discussion, Councilman Dick Cleveland asked whether the conceptual designs presented earlier by Littman had been reviewed with the PEC. Littman stated that the issues had been communicated, but the plans had not been presented. Public testimony included comments by Stan Cope, manager of the Lodge Tower, who noted support for the project by all 42 condominium owners, and Ron Byrne a developer and adjacent property owner, who offered support for the project, while leaving the door open for the possibility of additional 11 give and take. Sally Johnston of the Christiania Lodge also offered support, saying she • looked forward to having the trucks removed from Hanson Ranch Road. John Cogswell, president of the retail association at the Lodge at Vail, noted his interest in addressing • pedestrian access issues to the shops as a result of the project. Sara Baker, an attorney for the Bridge Street Lodge, also expressed support and suggested the need to add a no -build zone to the exchange parcel as part of a development agreement with the town. The last to offer public comment was Jim Lamont of the Vail Village Homeowners Association who urged the Council to uphold the approval, noting that all of the issues that could have been raised had been heard and addressed previously. The fifth item on the agenda was Vail Village Streetscape Master Plan Addendum. Diana Donovan moved and Dick Cleveland seconded to approve a resolution adopting an addendum to the town's 1991 streetscape master plan. The Council voted 7-0 to approve. In presenting the resolution, Public Works Director Greg Hall said the addendum represents the culmination of recent work on streetscape designs and concepts for the Village core and East and West Meadow Drive. During discussion, Councilmember Diana Donovan received support to modify the document to de- emphasize Village Center Road, to use consistency in identification of Earl Eaton Plaza, and add better examples for trash receptacles and street furniture. Councilman Chuck Ogilby said he'd like to see the Council continue to use a committee approach in advancing the project. In addition, Councilman Dick Cleveland asked that a shaded matrix showing a progression of design enhancements be modified to allow for additional flexibility. Other suggestions included a reference to use scalloped pavers as an option and the identification of additional areas for surface parking to provide additional equity for the Lodge Promenade. During public discussion, Kaye Ferry of the Vail Chamber and Business Association suggested the addition of a color scale component for the exterior of buildings. Although interested in the concept, is Village said the topic should be addressed separately. Jim Lamont of the Vail Village Homeowners Association commended the Council for its work on the streetscape plan as well as loading and delivery, suggesting the actions have contributed to what he called a "landmark council." The sixth item on the agenda was the Sign Code. Diana Donovan moved to table second reading of an ordinance modifying the Town of Vail sign code. Bill Jewitt seconded and the Council voted 7-0 to table the reading to November 18th. During discussion, Councilmembers directed staff to clarify language in the code in which the maximum size for signs in District 1 will be 6 square feet, to include graphics and text. Also, the ordinance will limit signs above grade or below grade to a 4 square feet maximum. In addition, the Council directed staff to create a graphic image illustrating the calculation of signs on awnings, projecting signs and walls, and asked staff to explore an issue raised by Robert Aikens, the owner of Verbatim Booksellers, who is having difficulty with signage and visibility in the new location of his business, which is located at an angle behind another storefront in the Vail Village Inn Plaza. Prior to the vote to table the ordinance, Joe Joyce, owner of Joe's Famous Deli, brought his sign in to illustrate how the use of graphics, in addition to text, makes signs unique. Joyce urged the Council to provide as much flexibility as possible in calculating the size of signs to allow for creativity. The seventh item on the agenda was the Parking Infraction Ordinance. Dick Cleveland moved to approve second reading of an ordinance to amend the town code as it relates to the town's parking regulations. Rod Slifer seconded the motion. The Council voted 6- 1, Donovan against. The ordinance includes an increase in the penalty for parking isviolations, up to $100, with a fee schedule set by the Town of Vail Municipal Court. In addition, the ordinance creates penalties for abuses at the parking structure caused by "turners," or those who exit the facility after the 90-minute free parking period and re- enter the facility for a second free period of time within three hours of the first entry into the facility. In presenting the ordinance for approval, Town Attorney Matt Mire noted four changes that were incorporated during first reading. One was an amendment to change the vehicle length restriction in the parking structures to 20 feet or larger. A second is an increase in the late fee payment of up to $25, followed by excluding town roadways from the definition of parking facilities. The last amendment was to strike the word "limit" under a description of time -limited parking. In voting against the ordinance, Diana Donovan said it was too negative and would cause bad public relations for the town. The eighth item on the agenda was Outdoor Dining Deck Enclosures. Dick Cleveland moved to approve second reading of an ordinance to allow the temporary use of pliable sidewall enclosures for covered outdoor dining decks associated with eating and drinking establishments annually from April 1 to Dec. 1, during inclement weather. Diana Donovan seconded the motion and the Council voted 7-0 to approve. In presenting the ordinance to Council, Community Development Director Russell Forrest said the legislation codifies an issue that surfaced in July when the Town Council overturned Design Review Board denial of a temporary enclosure application submitted by the Ore House. The ninth item on the agenda was the Town Manager's Report. During a review of the town manager's report, Stan Zemler noted the town is investigating the use of a co- generation technology that could be used to power the town's snowmelt system. The technology involves creating a small power plant using natural gas and bio-solids to heat • streetscape and generate additional electricity or hot water that could be used for other applications. He said the technology may also have the potential to reduce CO2 emission as well as reduce operating costs. Zemler said the town would be pursing an innovation grant through the Northwest Colorado Council of Governments to explore the concept further. Referring to the earlier discussion topic on streetscape, Councilmember Diana Donovan suggested adding language to the streetscape plan indicating the town's interest in environmentally -friendly and cost-effective techniques. As a follow-up to a discussion earlier in the meeting, the Council directed staff to schedule an agenda item for a future meeting to discuss a proposal forwarded by the Vail Chamber and Business Association to explore the possible use of additional color tones on buildings in the Village. Also, it was noted the staff is proceeding with execution of a lease for the Children's Garden of Learning early childhood education center to be built as part of the Middle Creek housing development. As there was no further business, Bill Jewitt moved and Greg Moffet seconded to adjourn. A vote was taken and the motion passed unanimously, 7-0. Respectfully submitted, 0 Ludwig KLVz, Mayor • • ATTEST: f Lorelei Donaldson, Town Clerk