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
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ATTEST:
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Lorelei Donaldson, Town Clerk