HomeMy WebLinkAbout2003-06-17 Town Council Minutes• VAIL TOWN COUNCIL
Evening Session Minutes
Tuesday, June 17, 2003
6:00 P.M.
The regular meeting of the Vail Town Council was called to order by Mayor Ludwig
Kurz at 6:00 P.M. on Tuesday, June 17, 2003.
MEMBERS PRESENT: Ludwig Kurz, Mayor
Rod Slifer, Mayor Pro-Tem
Dick Cleveland
Bill Jewitt
Diana Donovan
Chuck Ogilby
Greg Moffet
STAFF MEMBERS PRESENT: Pam Brandmeyer, Interim Town Manager
Matt Mire, Town Attorney
Councilman Dick Cleveland announced efforts to organize an economic roundtable,
scheduled for 6 to 8 p.m. June 26 in the Vail Town Council Chambers. An error in the
Vail Daily had listed the meeting date incorrectly.
• The first item on the agenda was Citizen Participation. Using an array of year to year
comparisons which showed an overall increase of $283,000 in additional tax revenues
contributed to the town by the Antlers at Vail, general manager Rob Levine urged the
Council to do more to encourage redevelopment in Lionshead because of the economic
impact. The 92-unit property was the first to redevelop following town approval of the
Lionshead Master Plan. Levine said that while the plan outlines a great vision, the
requirements of private properties, such as increased employee housing units, offsite
property improvements and heated sidewalks are deterrents for redevelopment. Instead,
LeVine called for what he described as a paradigm shift in the town's approach,
suggesting the town become more of a partner with the business community. For
example, LeVine said the town should consider donating a small portion of town -owned
land to help facilitate redevelopment of the Vail 21 property, saying it would be in the
community's best interest to do so. LeVine also noted the challenges ahead with the
various properties in Lionshead, noting that 20 of the 25 properties are condominium
associations where redevelopment decisions are complex due to multiple ownership.
Councilman Chuck Ogilby thanked LeVine and the Antlers property owners for their
perseverance in being the first in Lionshead to redevelop.
The second item on the agenda was the Four Seasons Resort Special Development
District At the applicant's request, Greg Moffet motion to table second reading of an
ordinance to allow for the redevelopment of the Chateau at Vail and the Vail Amoco site.
• Dick Cleveland seconded the motion. A vote was taken and the motion passed
. unanimously, 7-0, and the ordinance was tabled to July 15 to allow time to resolve the
relocation of four required parking spaces for 9 Vail Road, which was a condition of
approval on first reading. The applicant, Nicolet Island Development, Inc., proposes to
build a Four Seasons Resort to include 118 accommodation units, 22 condominiums, 34
employee housing units, retail and restaurant uses, conference and
meeting rooms and a spa and health club.
The third item on the agenda was the Vail Amoco Site Rezoning discussion. Also at the
applicant's request, Greg Moffet motion to table second reading of a companion
ordinance to rezone the Vail Amoco Site from the Heavy Service zone district to the
Public Accommodation zone district. Dick Cleveland seconded the motion, A vote was
taken on the motion and the motion passed unanimously, 7-0. The ordinance was tabled
to July 15 to accompany other approvals necessary for construction of the Four Seasons
Resort which will replace the Vail Amoco station and the Chateau at Vail near the Main
Vail roundabout.
The fourth item on the agenda was the Creation of Timber Ridge Affordable Housing
Corporation. Greg Moffet moved to table first reading of Ordinance #14, an ordinance
authorizing creation of the Timber Ridge Housing Corporation and the making of a
loan to the corporation to acquire the 198-unit property. Dick Cleveland seconded the
motion. A vote was taken and the motion passed unanimously, 7-0. The measure
was tabled at the request of Town Attorney Matt Mire, who said additional financial
• details had not been finalized. The measure will be brought before the Council on July 1
in the form of an emergency ordinance. Previously, the Council had authorized staff to
create the Timber Ridge Affordable Housing Corporation under provisions of the
Colorado Nonprofit Corporation Act for the purposes of acquiring, operating and
maintaining the property. In April, the Council voted 7-0 to pursue a friendly
condemnation of the property for a purchase price of $20 million. At the time,
Councilmembers had reviewed a financial analysis showing sufficient cash flows to
cover the town's debt.
The fifth item on the agenda was a Request to Proceed through the Development Review
Process, re: VistaBahn Building Outdoor Dining Deck. Diana Donovan moved to grant a
request by owners of the Vista Bahn Building at 333 Hanson Ranch Road to proceed
through the town's development review process to request relocation of a pedestrian
walkway as the applicant pursues town approval of an outdoor dining deck. Dick
Cleveland seconded the motion. A vote was taken and the motion passed 6-1, Greg
Moffet in opposition. The applicant, Remonov and Company, had originally requested
Council permission to seek development review of a design involving the use of a portion
of town land for the dining deck, in addition to the pedestrian walkway relocation, but a
motion offered by Councilman Greg Moffet failed to receive a second. During the public
comment period, the Council heard from Paul Johnston of the Christiania Lodge who said
he also represented other neighbors to the east of the Vista Balm Building. Johnston
expressed concerns about an outdoor dining deck because of noise issues that are already
impacting the neighborhood. Also, Jim Lamont of the Vail Village Homeowners
• Association shared a compromise concept that would address several problems, including
2
certain protections contained in a newly disclosed covenant. A different design for an
outdoor dining deck was approved by the town in 2000. However, the approval expired
when the owners failed to pull a building permit. The applicant must now provide a new
outdoor dining deck application as well as the possible relocation of the pedestrian
walkway, which will be reviewed by the Design Review Board and the Planning and
Environmental Commission.
The sixth item on the agenda was the Children's Garden of Learning Loan Request.
Greg Moffet moved approve a $50,000 no -interest loan to the Children's Garden of
Learning to be repaid within 10 years. Chuck Ogilby seconded the motion. A vote was
taken and the motion passed 5-2, Bill Jewitt and Diana Donovan voting against. The loan
will be used to cover interior and exterior expenses associated with the child development
center when it temporarily relocates to Red Sandstone Elementary School. The Children's
Garden of Learning, which serves up to 125 toddlers and preschoolers, is currently
located on the town -owned Middle Creek site. The relocation is required to enable
construction of a new $1 million school to be financed by Coughlin & Company, the
developer of the Middle Creek housing project. Construction is set to begin next month
with the new child development center completed in September 2004. Speaking on
behalf of the Children's Garden of Learning, Tamra Nottingham Underwood, a parent
volunteer, described how the funds would be used to prepare a 1,500 sq. ft. classroom
space at the elementary school and an outdoor play area. The space must meet state
certification requirements, she said. In addition, the playground design, which includes
retaining walls and fencing, must undergo review by the town's Design Review Board.
• Given the temporary nature of the facility, which will be used for just 18 months,
Underwood asked the Town Council to use its influence over the Design Review Board
to adopt a flexible and cost -savings approach to the situation. She said the school plans to
open its interim facility on July 14 with the playground in place by Aug. 19. During
Council discussion, Bill Jewitt expressed concerns about the town's fiduciary
responsibility and the unsecured nature of the loan, while Diana Donovan suggested
shortening the school's 15-year payback proposal. Underwood said the school will be
able to cash -flow $3,300 in annual payments. In making the motion for a 10-year
payback period, Greg Moffet complimented the group for its operation of an excellent
facility and urged the group to continue to look for cost efficiencies during the interim
relocation, including continued discussions with the Eagle County School District in an
effort to waive the $21,000 annual fee to lease the space. While Underwood thanked the
Council for its support, she said the representatives would have been even more pleased
to see Council approve a grant rather than a loan.
The seventh item on the agenda was the Holy Cross Energy Easement Greg Moffet
moved to approve a motion to grant Holy Cross Energy permission to proceed with
preparing easement documents that will be necessary for an underground power line
construction project in the Spraddle Creek and Potato Patch areas in which the project
will cross Town of Vail property. Bill Jewitt seconded the motion. A vote was taken and
the motion passed unanimously, 7-0. During discussion, Councilman Dick Cleveland
suggested the need to ensure the project area, once completed, is restored to its natural
is
landscape. Jim Lamont of the Vail Village Homeowners Association stressed the
3
importance of Vail's natural beauty and also expressed the need to restore the cuts
properly.
The eighth item on the agenda was the Bighorn Flood Remediation.
Dick Cleveland motioned to approve an expenditure of $61,300 from the town's capital
fund balance to augment additional funding to reconstruct the two East Vail streets that
were damaged by the June 1 flood. Chuck Ogilby seconded the motion. A vote was
taken and the motion passed 6-1, Diana Donovan opposing. The work will occur on
Spruce Way from Spruce Drive to Bighorn Creek, and Columbine Drive from the north
end of the tunnel to Bighorn Road. The project will cost an estimated $253,050. Public
Works Director Greg Hall said the Colorado Department of Transportation is expected to
contribute $141,750 towards the project. An additional $50,000 from the town's capital
street improvement budget will be applied. Hall had presented a second option for a
minimal rebuild at the CDOT reimbursement cost of $141,750. However, Hall noted the
town would need to return to reconstruct the street in five to 10 years at an additional
cost of approximately $300,000. The higher priced option, according to Hall, which
includes full reconstruction and substantial improvements to the existing drainage
system, would extend the life of the pavement structure for 30 to 40 years. In voting
against the higher priced option, Councilmember Diana Donovan said she wasn't
convinced the neighborhood streets, built in 1976, needed to be reconstructed. Next
steps include additional negotiations with the low bidder, Ewing Trucking and
Construction.
• The ninth item on the agenda was the Authorization of Middle Creek Private Activity
Bonds. Greg Moffet moved to approve first reading of an ordinance authorizing the
issuance of a maximum of three series of bonds totaling $18.5 million by the town for the
Middle Creek Village Apartments project. Bill Jewitt seconded the motion. A vote was
taken and the motion passed unanimously, 7-0. Prior to the vote, the project's bond
counsel, Mike McGinnis, said the town is serving as an issuer of the bonds for tax
purposes under a state statute known as the County and Municipality Revenue Bond
Act and that there will be no debt or obligation by the town for repayment. Prior to
second reading, Councilmembers asked that the bond documents be amended to remove
the childcare development center and the land as collateral.
•
The tenth item on the agenda was Resolution #6, the Local Disaster Resolution.
Bill Jewitt moved to adopt the resolution declaring a local disaster as defined by state
statutes. Greg Moffet seconded the motion. A vote was taken and the motion passed
unanimously, 7-0. The declaration is in reference to the Bighorn Creek flood, which
occurred June 1, causing more than $2 million in damage to public and private property.
In introducing the resolution, Town Attorney Matt Mire said the action is necessary to
start the process for requests to state and federal agencies for financial assistance.
The eleventh item on the agenda was the Town Manager's Report. During the town
manager's report, the Council directed interim manager Pam Brandmeyer to follow up on
a letter from Gov. Bill Owens requesting the town's support for a statewide ballot issue
4
• on water resources in November. Councilmembers suggested a town -sponsored public
discussion on the topic with presentations from multiple interests.
The Council voted 4-3 (Dewitt, Cleveland, Donovan against) to authorize $3,000 to
complete the initial design process for a proposed indoor recreation facility at Red
Sandstone Elementary School. As proposed by Councilman Chuck Ogilby, the money
would be used to modify an earlier design to address a new, more efficient parking
configuration. To date, the town has spent $5,000 for design work by Fritzlen-Pierce
Architects. The funding comes from a $400,000 recreation facility escrow account
resulting from the town's sale of the Old Town Shops to the Eagle River Water and
Sanitation District. The town shops had long housed the gymnastics program operated by
the Vail Recreation District. The program has since moved to a temporary facility in
Avon. The town has identified a $1.4 million budget for a permanent facility, which
anticipates a $600,000 contribution from the Eagle County School District. During
discussion, Councilman Dick Cleveland said he was reluctant to spend additional money
on the design until participation from the school district is clarified. Also voting against
the motion was Bill Jewitt, who said the project had not been reviewed or approved by
the Council, while Diana Donovan voted against due to concerns about the lack of a
recreation facilities master plan. The remaining councilmembers who voted in favor of
the funding said they were comfortable with the $3,000 expenditure since it would be
coming exclusively from the escrowed funds.
Also during the town manager's report, the Council directed the staff to research the cost
• of a Tax Increment Financing reinvestment study from the Vail Chateau east to
Crossroads and to notify Solar Vail regarding the placement of a trash dumpster on town
land. Also, Councilmember Diana Donovan asked for clarification on the decision -
making process for design of a fire station on the Hud Wirth site in West Vail, noting
the need to maximize the site for additional uses. That prompted a suggestion from Dick
Cleveland to master plan the site prior to the fire station design.
0
As there was no further business, Greg Moffet made a motion to adjourn. Bill Jewitt
seconded the motion. A vote was taken and the motion passed unanimously, 7-0, and the
meeting was adjourned at 8:15 P.M.
Respectfully submitted,
O A OF)1,
SEA '%° 04 ,-
Ludwig Kurz,, Iayor
5
ATTEST:
`&� �
Lor Do ldson, Town Clerk
Minutes taken by Pam Brandmeyer and Suzanne Silverthorn
•
0