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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. is • 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 40 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 4 • 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. 0 Wr Respect submitted, ns- Ludwig KurzAlayor ATTEST l---------------- Lo Do aldson, Town Clerk Minutes taken by Suzanne Silverthom and Pam Brandmeyer. • 0