HomeMy WebLinkAbout2003-05-06 Town Council MinutesVAIL TOWN COUNCIL MEETING
Vail Municipal Building
Tuesday, May 6, 2003
6:00 P.M.
The regularly scheduled 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
ABSENT: Chuck Ogilby
STAFF PRESENT: Pam Brandmeyer
Interim Town Manager
Matt Mire, Town Attorney
iThe first item on the agenda was a request to go through the town's Development Review
Process for an Art in Public Places art studio at Ford Park. In three separate requests
involving the use of town land, the Council voted to allow each of the proposals to
proceed through the development review process. The first was a request by the Art In
Public Places Board to use a storage building in Ford Park for an artist in residence
program. Greg Moffet made a motion to approve the request. Bill Jewitt seconded the
motion. A vote was taken and the motion passed unanimously, 6-0.
The second item on the agenda was a request to proceed through the process for Vail
Park (LotP3 and J). George Ruther, head of planning, addressed the Council, explaining
this request involved a request by Vail Resorts Development Company to seek
development review approval to use a portion of the Hanson Ranch Road right-of-way to
construct an underground parking structure. Greg Moffet made a motion to approve the
request. Bill Jewitt seconded the motion. A vote was taken and the motion passed
unanimously, 6-0.
The third item on the agenda was a request by owners of the Vista Balm Building to
apply for new awnings over the front entrance to the building and over the deck used by
the Tap Room. Greg Moffet moved to approve the request and Rod Slifer seconded the
motion. Several Councilmembers expressed concerns about an awning at the Vista Bahn
Building, saying it would add additional mass and bulk to the building. A vote was taken
and the motion passed 4-2, Diana Donovan and Bill Jewitt opposing.
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• The fourth item on the agenda was the Bid Approval for Vail Valley Drive
After reviewing bids from three contractors Bill Jewitt made a motion to award a base bid
of $572,737.66 to B&B Excavating for reconstruction of Vail Valley Drive from Golden
Peak to the Ford Park soccer field parking lot entrance with the following conditions:
• Maintaining two way traffic during reconstruction'
• Providing a streetscape masterplan for the south side of the street
• Curb/gutter construction
• Speed bumps or serpentining
Greg Moffet seconded the motion. B&B's price was the lowest of three bidders. The
project includes reconstruction of the existing pavement, construction of a new storm
water system, construction of a brick paver walk from Golden Peak to the existing bike
path intersection, construction of a concrete sidewalk from the bike path to the Ford Park
soccer field parking lot entrance, construction of a raised crosswalk/speed bump at the
Ford Park Amphitheater walk and reconstruction of the existing bike path east of Ski
Club Vail. In voting against the motion, Councilmember Diana Donovan expressed
concerns about the project's design, including a curb and gutter component as well as
placement of a sidewalk on the south side of the roadway. Construction is scheduled to
begin May 19 with paving completed by June 27 and the project substantially complete
by July 18. A vote was taken on the motion and the motion passed 5-1, Donovan
opposed.
The fifth item on the agenda was the 2003 Community Survey Results. A summary of
• results from the town's annual community survey was presented by Chris Cares of RRC
Associates, the independent research firm which coordinated the work. According to
Cares, the survey showed stability in many of the satisfaction ratings for town services,
such as snowplowing, public safety and library services. Lower scores were given in the
areas of parking availability in winter, overall parking fees/pricing structure, parking
availability for library use and building permit review and inspections. The survey also
showed a shift in community priorities with respondents expressing concerns about the
viability of businesses in Vail as the most important issue. Historically, housing and
environmental issues have topped the list. Lack of available parking during peak winter
days also is seen as a concern with most respondents expressing a desire to see it
addressed. The survey also probed the level of support for potential improvements to be
paid for through increased property taxes. A majority of respondents who identified
themselves as registered voters expressed a willingness to support "investing in
improvements to spur redevelopment in Vail Village and Lionshead" and "constructing a
new fire station and providing additional firefighting and emergency equipment for it."
Less support was given for two other ballot scenarios, "consolidate the Vail Fire and
Emergency Services Department with the Eagle River Fire Protection District" and "add
safe travel areas for vehicles and pedestrians." Given the percentage of respondents (16
percent) who were undecided about the consolidation issue, Cares suggested additional
public education could alter opinion on the issue, thus, providing opportunities for
additional exploration of a fire service ballot question in November. Other survey
findings reported by Cares included a question in which 57 percent of respondents said
the town was going in the "right direction" while 28 percent said the town had gotten off
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on the "wrong track." Also, awareness of town budget cutting measures -was reported to
be generally high among full-time residents with the majority of respondents saying the
• $1 million in cuts are "about right" rather than "too deep" or "not deep enough." During
the discussion, Councilman Greg Moffet suggested surveying the community on I-70
noise issues during the open window season. The random survey was conducted during a
two week period in March and April and included responses from 400 households. It has
a margin of error factor of plus -or -minus 4.9 percent. The full report has been posted on
the town's website at www.vailgov.com.
The sixth item on the agenda was Citizen Participation. Michael Cacioppo provided an
update on a ruling by the District Court on a lawsuit filed by Cacioppo against the Eagle
County School District. Saying the lawsuit isn't over, Cacioppo said he would appeal the
ruling to the Supreme Court, if necessary. He also used the opportunity to take issue with
Councilman Greg Moffet, saying Moffet had made disparaging remarks about the lawsuit
at a recent Rotary Club meeting.
Kaye Ferry extended an invitation to the Council and the audience to attend the last of a
three-part series on the state of the region's economy, sponsored by the One -Valley
Leadership Coalition. The discussion takes place from 7 to 9 p.m. May 22 at the
Singletree pavilion.
The seventh item on the agenda was Ordinance #5, Series of 2003, first reading, an
ordinance amending Title 12, zoning Regulations, Vail Town Code, for proposed
"housekeeping" amendments and/or corrections. The requirements would be referenced
. as an administrative function within the Community Development Department. Greg
Moffet made a motion to approve Ordinance #5 on first reading. Rod Slifer seconded the
motion. A vote was taken and the motion passed 4-2, with Diana Donovan and Dick
Cleveland opposing. In voting against the ordinance, Councilmembers Donovan and
Cleveland said they preferred keeping the provisions in the code to provide consistency.
Also, Cleveland asked that a reference to the Art In Public Places master plan be included
in the definition of the Vail Comprehensive Plan.
The eighth item on the agenda was Ordinance #9, Series of 2003, first reading, regarding
the Four Seasons Special Development District, repealing and re-enacting a major
amendment to a Special Development District that allows for the redevelopment of the
existing Chateau at Vail and Vail Amoco site at Vail's main roundabout. The Four
Seasons Resort proposal includes 118 accommodation units, 22 fractional fee club units,
34 type III employee housing units, 18 condominiums, retail and restaurant uses,
conference and meeting rooms and a spa and health club. During the project's review,
Councilmembers complimented the applicant on the building's alpine architecture and
improved traffic circulation. Jim Lamont of the Vail Village Homeowners Association
also offered complimentary remarks, saying the project meets the association's interest in
furthering Vail as a destination resort. He also praised the applicant for working
cooperatively to address as many neighborhood concerns as possible. One remaining
concern was expressed by Gwen Scalpello of the 9 Vail Road Homeowners Association,
who asked for reconsideration of a recent design modification that blocks the views of 16
• condominiums. Greg Moffet made a motion to approve Ordinance #9 on first reading,
with the following conditions:
Section 12-3-7, Amendment, Vail town code, provides the review criteria for a zone
district boundary amendment:
A. Factors, Enumerated: Before acting on an application for a zone district boundary
amendment, the Planning and environmental Commission and Town Council
shall consider the following factors with respect to the requested zone district
boundary amendment:
1. The extent to which the zone district amendment is consistent with
all the applicable elements of the adopted goals, objectives and
policies outlined in the Vail Comprehensive Plan and is compatible
with the development objectives of the town; and
2. The extent to which the zone district amendment is suitable with
the existing and potential land uses on the site and existing and
potential surrounding land uses as set out in the town's adopted
planning documents; and
3. The extent to which the zone district amendment presents a
harmonious, convenient, workable relationship among land uses
consisting with municipal development objectives; and
• 4. The extent to which the zone district amendment provides for the
growth of an orderly viable community and does not constitute
spot zoning as the amendment serves the best interests of the
community as a whole; and
5. The extent to which the zone district amendment results in adverse
or beneficial impacts on the natural environment, including but not
limited to water quality, air quality, noise, vegetation, riparian
corridors, hillsides and other desirable natural features; and
6. The extent to which the zone district amendment is consistent with
the purpose statement of the proposed zone district.
7. The extent to which the zone district amendment demonstrates
how conditions have changed since the zoning designation of the
subject property was adopted and is no longer appropriate.
8. Such other factors and criteria as the Commission and/or Council
deem applicable to the proposed rezoning
B. Necessary Findings: Before recommending and/or granting an approval of an
• application for a zone district boundary amendment the Planning and
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• Environmental Commission and the Town Council shall make the following
findings with respect to the requested amendment:
1. That the amendment is consistent with the adopted goals,
objectives and policies outlined in the Vail Comprehensive Plan
and compatible with the development objectives of the town; and
2. That the amendment is compatible with and suitable to adjacent
uses and appropriate for the surrounding areas; and
3. That the amendment promotes the health, safety, morale, and
generalwelfare of the town and promotes the coordinated and
harmonious development of the town in a manner that conserves
and enhances its natural environment and its established character
as a resort and residential community of the highest quality.
. Bill Jewitt seconded the motion. A vote was taken and the motion passed unanimously,
6-0. In voting to approve the ordinance on first reading, the Council added a condition
that requires the existing Vail Chateau to remain operational as a hotel until a demolition
permit is issued. Project representatives said they planned to move forward with the
hotel's construction as soon as possible with completion occurring in time for the 2005
ski season. Prior to second reading, Town Attorney Matt Mire was asked to research if a
commitment to support a Tax Increment Financing (TIF) mechanism could be tied to the
project's approval, should the town pursue TIF financing for public improvements along
• Meadow Drive and other portions of the neighborhood. Although she voted to approve
the project, Councilmember Diana Donovan expressed concerns about the building's
height, which is 41 feet taller than what the underlying zoning allows. In particular,
Donovan said the project will serve to influence similar height requests in other areas of
the Village, which will be more difficult to justify, she said, for developments located in
the interior of the Village. In joining the other Councilmembers in voting to approve the
project, Mayor Ludwig Kurz said the development will be a great benefit to the
community.
The ninth item on the agenda was first reading of Ordinance #10, Series of 2003, an
ordinance rezoning the Vail Amoco Site from Heavy Service zone district to Public
Accommodation. The site has been acquired by developers of the Four Seasons Resort
and will be used to improve access to the hotel. Greg Moffet made a motion to approve
Ordinance #10 on first reading. Bill Jewitt seconded the motion. A vote was taken and
the motion passed unanimously, 6-0.
The tenth item on the agenda was Ordinance # 11, Series of 2003, first reading, an
ordinance amending Section 12-10-9, Loading Standards to the town code. Allison Ochs,
town planner, presented the ordinance to the Council, stating the ordinance would enlarge
the town's minimum size requirement for loading berths from the current 12 ft. wide by
25 ft. long by 14 ft. high to a new minimum standard of 12 ft. wide by 35 ft. long by 14
ft. high. The ordinance also allows the Planning and Environmental Commission the
• ability to grant variations, larger or smaller, so long as the variation is necessary to
prevent negative impacts to the public right-of-way. The ordinance was initiated to
• clarify and codify requirements that are currently being imposed by the Public Works
Department. During discussion, several Councilmembers wondered if the ordinance was
necessary, however, since the PEC already has the ability to consider variances.
However, most acknowledged that a variance request to enlarge a loading berth would be
unlikely. Rod Slifer made a motion to approve Ordinance #11 on first reading. Greg
Moffet seconded the ordinance. A vote was taken and the motion passed unanimously, 6-
0.
The eleventh item on the agenda was the second reading of Ordinance #8, Series of
2003, an ordinance making supplemental appropriations and budget adjustments to the
Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, and
Conference Center Fund of the 2003 budget for the Town of Vail, and authorizing the
expenditures of said appropriations. The appropriation, which is offset by $4.6 million
in corresponding revenues and $1.4 million of unspent money from capital and real estate
transfer tax funds, includes $7.4 million in capital projects rolled forward from 2002; an
expenditure of $50,000 for conference center planning and design fees; $50,000 for a
loan of seed money for the proposed memorial park; and $150,000 to help cost -share an
indoor recreational facility. In addition, the appropriation reflects $382,000 in budget cuts
previously authorized by the town manager and a reduction of $2.4 million in 2003
capital projects. In voting against the ordinance, Councilman Bill Jewitt said he could not
support the $150,000 cost -share expenditure for an indoor recreation facility without a
full discussion on the issue. The money will only be spent if funding commitments from
• the Eagle County School District are obtained, which would be added to existing
commitments of $375,000 from the Eagle River Water and Sanitation District and
$250,000 from Vail Resorts. Greg Moffet made a motion to approve Ordinance #8 on
second reading. Rod Slifer seconded the motion. A vote was taken and the motion
passed 5-1, with Bill Jewitt opposing. Donovan supported the ordinance noting that
$150,000 cost share would not be used as cost sharing and won't meet costs projections.
The twelfth item on the agenda was the Town Manager's Report. Interim Town Manager
Pam Brandmeyer noted an expression of interest from Eagle County Commissioner
Michael Gallagher in the possibility of a cost -share arrangement by Eagle County to help
with costs associated with the set-up and tear -down of the Vail Ice Dome. A letter
outlining such a partnership will be forwarded to Gallagher and the other commissioners.
Lastly, Councilmembers confirmed that a discussion on a proposal to create a Business
Improvement District (BID) will occur at the May 20 evening Council meeting.
As there was no further business, Greg Moffet made a motion to adjourn the meeting and
Bill Jewitt seconded the motion. A vote was taken on the motion and the motion passed
unanimously, 6-0, and the meeting was adjourned at 9:30 P.M.
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Respect submitted,
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Ludwig KurzAlayor
ATTEST
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Lo Do aldson, Town Clerk
Minutes taken by Suzanne Silverthom and Pam Brandmeyer.
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