HomeMy WebLinkAbout2003-04-15 Town Council Minutes• TOWN COUNCIL
EVENING MEETING
TUESDAY, April 15, 2003
6:00 P.M.
TOV COUNCIL CHAMBERS
The regular meeting of the Vail Town Council was called to order at 6:00 P.M. by
Mayor Ludwig Kurz.
MEMBERS PRESENT: Ludwig Kurz, Mayor
Rod Slifer, Mayor Pro-Tem
Dick Cleveland
Diana Donovan
Bill Jewitt
Greg Moffet
Chuck Ogilby*
*arrived late.
STAFF MEMBERS PRESENT: Bob McLaurin, Town Manager
Pam Brandmeyer, Asst. Town Mgr.
Matt Mire, Town Attorney
The first item on the agenda was Citizen Participation.
There was none.
The second item on the agenda was a discussion of Business Improvement
District (BID). Kaye Ferry, Vail Chamber and Business Association (VCBA) and
Steve Rosenthal, representing himself as a business owner Colorado Footwear,
addressed the Council, proposing a town -wide Business Improvement District
that would allow businesses to tax themselves for direct services. As described
by Denver -based attorney Rick Krone, formation of a BID required a petition
signed by those representing 50 percent of the land area. The petition would
then be presented to the Vail Town Council, which would be required to enact an
ordinance establishing the district. Following creation of the district, election of
an independent board would be proposed as well as an assessment election.
Those eligible to vote would include owners, tenants and corporations associated
with commercial property within the district as well as residents of commercially -
assessed property. As envisioned, the district would raise approximately
$500,000 in its first year through assessments on commercial property, based on
a formula that proposes to double the existing business license fee. The funds
would be used for special events, information services and other activities that
have been traditionally funded by the town. Because recent budget cuts have
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• jeopardized future town funding, a Business Improvement District would provide
the business community with stability, autonomy and a sunset provision,
according to supporters. In describing the advantages of a BID, Rosenthal, the
owner of Colorado Footwear, suggested the town could suspend its collection of
the business license fee and reduce spending by $224,000. Reaction from the
Council included enthusiastic support from Greg Moffet, who applauded the
concept, while Diana Donovan and Rod Slifer were hesitant to offer immediate
support. Donovan expressed concerns about service duplications. Slifer
wondered if a Business Improvement District would preclude the opportunity to
establish improvement districts for other needs, such as streetscape. Slifer also
raised concerns about the appropriateness of relinquishing town control. The
business representatives asked for $15,000 from the town to cover research and
development fees as well as consideration of partial funding from the town for
2004 to assist with a transition. At the suggestion of Town Attorney Mire,
Councilmembers deferred giving direction until Mire finished his research on
potential TABOR -related issues. Mire stated he would share his findings with the
Council in executive session on May 6, to be followed by a public discussion later
in the day.
The third item on the agenda was a Memorial Park Task Force Update. Mery
Lapin gave an update on the work of the committee, stating the proposed project
was to be located on a 13.5 acre portion of the town -owned Katsos Ranch
• property near the East Vail 1-70 exit. For approval, the land would need to be
rezoned from Open Space/Natural Area Preservation to Open Space/Outdoor
Recreation. It would also require a conditional use permit and approval by the
Design Review Board. Lapin stated the design complements Vail's natural
surroundings with the placement of memorial inscriptions on boulders and stone
benches, leaving much of the property undisturbed. Lapin said casket burials
would be prohibited; however, the burial and scattering of ashes would be
permitted. The proposed design includes three phases that would serve the
community for the next 50 to 100 years, according to the plan. A non-profit, non-
sectarian Vail Memorial Park Foundation would operate the site which would be
leased from the town for 99 years. The foundation would be governed by a 5-
member board of directors to be appointed by the Vail Town Council. While the
proposal requests a no -interest loan of up to $50,000 from the town as seed
money (which was added to a supplemental budget appropriation later in the
meeting), it is anticipated the park will be financially self-supporting and will be
able to reimburse the town for all initial and ongoing costs, according to Task
Force members. Sources of funding would include sales of inscriptions and
memorial sites; sales of cremation burial sites; fund-raising by the foundation;
and donor gifts. A three -tiered pricing system is proposed with purchase
opportunities for Town of Vail residents (5 year minimum residency) and anyone
else. Task Force members hope to receive development approval for the park
within the May to June timeframe with pre -sales and fund-raising efforts
beginning in August, followed by a dedication in 2004. During the public
• comment period, Sally Jackle, speaking on behalf of two friends, received
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• clarification that a nearby cross country ski trail would be unaffected by the park.
In addition, Jackle said her property owner friends wished to be considered in the
Vail resident tier rather than the non-resident tier. Following the presentation,
Councilmembers applauded Diana Donovan and the other task force members
for their work on the project, which included an evaluation of a dozen other sites.
Task force members included Joe Hanlon, Mery Lapin, Chuck Ogilby, Robby
Robinson, Daphne Slevin, Rev. Carl Walker, Sherry Dorward and Russ Forrest.
The fourth item on the agenda was the appeal of the March 5, 2003, Design
Review Board decision to approve the proposed Halaby residence, consisting of
a new two-family residence and Type II Employee Housing Unit, located at 252
West Meadow Drive/Lot 8, Vail Village 2nd Filing. On March 5, 2003, the Design
Review Board approved the proposed Halaby residence, consisting of a new
two-family residence and Type II Employee Housing Unit, located at 252 West
Meadow Drive/Lot 8, Vail Village 2nd Filing. Adjacent property owners Mery
Lapin, 232 West Meadow Drive, and Caleb and Maryan Hurtt, 272 West Meadow
Drive, have filed appeals of the Design Review Board's March 5, 2003, decision.
Mayor Kurz advised that the Council had reviewed the site earlier in the
afternoon. Discussion followed regarding the existing spruce and lodge pole pine
trees, and concern regarding setting a precedent by allowing the trees to be
removed and the thought that it would pose a negative affect on the character of
the neighborhood and Vail. A letter was given to the Council from Joan Norris,
long time Vail resident who resides in the neighborhood. The applicant, Halaby,
• appeared before Council. Halaby stated the house was designed to be
compatible with the lot and enhanced the property. Halaby stated he went to
extremes to work with present conditions. Of the trees being removed, none of
the trees were located along Gore Creek, Halaby stated he had attended 6-7
DRB meetings trying to come to an agreement with the DRB and the adjacent
property owners. After further discussion, Chuck Ogilby made a motion to
overturn the DRB decision, stating that after walking the site, he felt it was one of
the most beautiful sites in Vail. Ogilby also advised there were ways to
interweave the parking problems. Diana Donovan seconded the motion.
Discussion followed. Bill Jewitt stated the DRB followed the rules and he would
vote to uphold the DRB decision. Rod Slifer agreed with Bill Jewitt to uphold the
DRB decision. A vote was taken on the motion and the motion failed, 2-5, Jewitt,
Cleveland, Slifer, Kurz, Moffet against. Greg Moffet then moved to uphold the
DRB decision with he condition to modify a Public Works requirement for a
turnaround area which would allow for a reduction in the hard surface area and to
use the increased flexibility in the hard surface area reduction to re -site the
home, if possible, so as to preserve as many mature trees as possible. The
motion was amended to stipulate that five of the replacement trees required by
the DRB be 35 feet tall. A vote was taken on the motion and the motion passed
4-3, Jewitt, Slifer and Donovan opposed).
• The fifth item on the agenda was the appeal of the March 10, 2003, Planning
and Environmental Commission condition of approval requiring the applicants,
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• Rod and Elizabeth Slifer, to mitigate all fire violations listed in the letter dated
March 20, 2002, from the Town of Vail Fire Department within 12 months of the
issuance of a building permit in the Gore Creek Plaza Building, located at 193
Gore Creek Drive/Lot A, Block 513, Vail Village 1 st Filing.
On March 10, 2003, the Planning and Environmental Commission approved a
conditional use permit for the elimination of an existing dwelling unit (Unit 3) at
the Gore Creek Plaza Building. There was one condition of approval which
required that the applicant mitigate the violations listed in the Vail Fire
Department's letter dated March 20, 2002, within 12 months of the issuance of a
building permit. The Vail Fire Department's letter stipulated an 18 month time
frame to develop a plan for mitigating the violations which is by September 20,
2003. The letter also stipulated an 18 month time frame from September 20,
2003, to complete all mitigation solutions which would place the completion of all
work on May 20, 2005. The applicant has submitted an appeal of the Planning
and Environmental Commission's condition.
Rod Slifer recused himself from the discussion. Warren Campbell, TOV planner,
presented the appeal to the Council, stating the applicant was requesting a
modification of conditional of approval by the Planning and Environmental
Commission (PEC) in granting a conditional use permit for the elimination of an
existing dwelling unit at 193 Gore Creek Drive. The applicant was requesting a
modification to the timetable, allowing the applicant to mitigate fire code
violations on a schedule consistent with a request from the Vail Fire Department.
• Greg Moffet moved to modify the PEC decision to no later than the issuance of a
Temporary Certificate of Occupancy or May 20, 2005. Bill Jewitt seconded the
motion. A vote was taken on the motion and the motion passed unanimously, 6-
0, with Slifer abstaining.
The sixth item on the agenda was the request of approval of Slurry Seal Street
Improvements contract. Larry Pardee, Streets Superintendent, presented the
Council with the bids received for the bid:
Bids:
Contractor
Total Bid
Intermountain Slurry Seal Inc. (Utah)
$134,400.00
Quality Paving (Denver)
$149,500.00
TOV 2003 Capital Street Maintenance Budget
$150,000.00
Greg Moffet moved to award the contract to the low bidder responsive. Chuck
Ogilby seconded the motion. Dick Cleveland asked Greg Hall how often the
town slurry sealed the streets. Hall responded every 5-7 uears. A vote was
taken on the motion and the motion passed unanimously, 7-0.
The seventh item on the agenda was Resolution # 4, Series of 2003, Authorizing
Condemnation of Timber Ridge. Town Attorney Mire advised the Council the
Is The Town of Vail has determined that it is necessary to acquire an
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• unencumbered fee simple interest in the Property, and since good faith
negotiations did not result in voluntary granting of the Property, it is necessary
that the Town of Vail acquire said interest in said real property through the use of
the Town's power of eminent domain as provided for in Section 1.2 of the Vail
Town Charter.
The eighth item on the agenda was the first reading of Ordinance #8, Series of
2003, approving the supplemental appropriations to the 2003 budget. Judy
Camp, finance director, presented the ordinance to the Council, stating the
ordinance provided for a $4.1 million supplemental appropriation to th 2003
budget. Camp stated the appropriation, which is offset by $4.1 million in
corresponding revenues and $1.2 million of unspent money from capital and real
estate transfer tax funds, included $7.4 million in capital projects rolled forward
from 2002; an expenditure of $50,000 for conference center planning and design
fees (reduced from an estimated annual expenditure of $274,500; $50,000 for a
loan of seed money for the proposed memorial park; and $150,000 to help cost -
share an indoor recreation facility. In addition, Camp stated the appropriation
reflected $382,000 in budget cuts previously authorized by the town manager
and a reduction of $3.3 million in 2003 capital projects. During the discussion,
Chuck Ogilby suggested the need to resolve an impasse between the town and
Vail Resorts as it related to the conference center issue and associated parking
requirements what will be tied to redevelopment of Lionshead. In response,
Councilman Bill Jewitt said he'd prefer relocating the conference center to the
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town -owned hub site, so long as Vail Resorts assisted with a financial
contribution. Greg Moffet expressed his preference to proceed with town
acquisition of the Vail Resorts -donated Holy Cross site, saying the site is better
suited for a conference center given its proximity to hotel beds. Diana Donovan
expressed her continued frustration with the project, noting the cost to build new
parking exceeds the value of the land donation offer by Vail Resorts. Chuck
Ogibly suggested moving forward with appointment of a Conference Center
Oversight Committee, which had been postponed indefinitely. Rod Slifer stated
he felt it would be premature to appoint the committee until certain conditions
were sorted out first, such as when the Holy Cross site would be available to
build on, as well as an evaluation of parking requirement scenarios on the two
sites. Greg Moffet made a motion to approve Ordinance #8 on first reading.
Dick Cleveland seconded the motion. Chuck Ogilby asked that an amendment of
$150,000 to cost share to the recreation facility. Moffet amended his motion.
Cleveland would not amend his second. Rod Slifer seconded the motion. Olgiby
also asked that Moffet amend his motion to include the Feb 18t" minutes that
included a motion to submit a letter to Eagle County School District for funding
for a gymnastics center at Red Sandstone School. Stating the $150,000 and in -
kind service from Public Works could do the excavation. Moffet amended his
motion to add the $150,000 to the supplemental appropriation. Slifer amended
his second. Bill Jewitt stated he would be voting against the motion because of
the $150,000 for the gymnastics facility, stating an open discussion of
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gymnastics study needed to be held prior to the vote. Diana Donovan also felt it
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• was not appropriate. A vote was taken on the motion and the motion passed 4-3,
Jewitt, Cleveland and Donovan opposed.
The ninth item on the agenda was Resolution #2, a resolution amending the Vail
Land Use Plan to expand the boundaries of the plan, amending the text of the
plan regarding the exchange of United States Forest Service Lands, amending
the description of the "ski base" land use designation, Rod Slifer recused himself
from the discussion. Dick Cleveland made a motion to approve Resolution #2.
Greg Moffet seconded the motion. Diana Donovan made it clear there was to be
no outdoor storage in this zone district and no maintenance items on the site. A
vote was taken and the motion passed, 6-0, Slifer abstaining.
The tenth item on the agenda was Resolution #3, a resolution amending the Vail
Village Master Plan to expand the boundaries of the plan; amending the
description of the "Ski Base/Recreation" land use category; adding Sub -Area
#11, "Vail's Front Door" to the list of Vail Village Sub -Areas; amending the Master
Plan Illustrative Plans, and setting forth details in regard thereto. Dick Cleveland
moved to adopt Resolution 3. Greg Moffet seconded the motion. A vote was
taken and the motion passed unanimously, 6-0, Slifer abstaining.
The eleventh item on the agenda was Ordinance # 4, Series of 2003, second
reading, an ordinance amending Title 12, Zoning Regulations, Chapter 4,
Districts Established, Section 12-4-1, Designated, of the Vail town Code, to
• establish the Ski Base Recreation 2 (SBR 2) district. Greg Moffet moved to
adopt Ordinance #4. on second reading. Dick Cleveland seconded the motion.
George Ruther, head of planning, referred to the permitted uses, stating the
original ordinance had been written to allow commercial ski storage at the ground
level. Moffet amended his motion to require commercial ski storage be housed in
the basement levels or on the second floor, as to not give Vail Resorts a
competitive advantage when other businesses in the Village. Cleveland
amended his second. A vote was taken and the motion passed 6-0, with Slifer
abstaining.
The twelfth item on the agenda was Ordinance #7, Series of 2003, second
reading, an ordinance amending Ordinance No. 21, Series of 2001, Section 6,
Approval Expiration; Time Limitations, Special Development District No. 6, Vail Village
Inn. George Ruther, head of planning, stated no changes had been made to this
ordinance from the first reading. Greg Moffet moved to approve Ordinance #7 on
second reading. Bill Jewitt seconded the motion. A vote was taken and the motion
passed unanimously, 7-0.
The thirteenth item on the agenda was the Town Manager's Report. Outgoing
Manager McLaurin asked for approval from the Council on the compensation
package, profile description and timetable for the town manager search, being
coordinated by the executive search firm Wilcox Miller and Nelson. McLaurin
stated the applications were due to the town by May 23, will recommendations on
• candidate finalists to the Council by June 17 h. Greg Moffet made a motion to
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• adopt the town manager profile. Rod Slifer seconded the motion. A vote was
taken and the motion passed unanimously, 7-0. The Council also reviewed a
memo on capital maintenance needs for the library, which included a
recommendation for repairs to the building's roof.
As there was no further business, Greg Moffet made a motion to adjourn. Dick
Cleveland seconded the motion. A vote was taken and the motion passed
unanimously, 7-0, and the meeting was adjourned at 9:55 P.M.
SEAL
ATTEST: ORA�
ore Donaldson, Town Clerk
Minutes taken by Mary A. Caster
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Respectfully submitted,
Ludwig Kurz, ayor
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