HomeMy WebLinkAbout2005-04-05 Town Council Minutesi
Vail Town Council Evening Meeting Minutes
Tuesday, April 5, 2005
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the vail Town council was called to order at approximately 6:00
p.m. by Mayor Rod Slifer.
Members present: Rod Slifer, Mayor
Dick Cleveland, Mayor Pro-Tem
Diana Donovan,
Farrow Hitt,
Kent Logan
Greg Moffet
Kim Ruotolo,
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Asst. Town Manager
Battle Mountain High School (BMHS) Hockey Team Recognition. Slifer began the
presentation by stating the BMHS hockey team has only existed for four years and the
team was formed and sponsored through the efforts of Vail Junior Hockey. Slifer
continued since the team's existence, they have played twice for the state title, 2002 and
2005, and have been semi-finalists the other two years, 2003 and 2004. This year's
team was undefeated through the regular season and ended the season with a record of
22-1 and as State Runner Up. Two players, Austin Chow and Brad Myers, broke the
state scoring record with Chow being the new record holder. The Rocky Mountain
News and Denver Post recognized Myers and Chow as first team all -state. Jonny
Stevens, Evan Sherer and Alex Biegler were named honorable mention all -state. Both
newspapers named Austin Chow as Colorado Player of the Year. Ten members of the
team were recognized by Colorado High School Activities Association (CHSAA) as All -
State Academic (3.22 + Grade Point Average).
The first item on the agenda was Citizen Input. Jenni Reeka, a LionsHead spa owner,
stated she was not a Meadow Drive merchant and has subsequently been disallowed
from participating in the Vail Farmers' Market, which takes place on Meadow Drive in
Vail Village. Reeka asked if the town could intervene in some way to enable her
participation.
The second item on the agenda was the Consent Agenda. 03.01.05 and 03.15.05
Minutes Approval. Moffet moved and Ruotolo seconded a motion to approve the
minutes without amendments. The motion passed unanimously, 7-0.
The third item on the agenda the Design Review Board (DRB), Planning and
Enviornmental Commission (PEC), and Arts in Public Places (AIPP) Board
Appointments. Staff requested Council: 1) appoint two applicants to the DRB for a term
of two years each (through March 31, 2007); 2) appoint three applicants to the PEC for a
. term of two years each (through March 31, 2007); 3) appoint three applicants to the
AIPP for a term of three years each (through March 31, 2008); and 4) appoint an
alternate from the Building and Fire Code Board of Appeals (BFCBA) for a term of five
years (through March 31, 2010). BFCBA: As there were no letters of interest for the
BFCBA vacancy position, and Kathy Langenwalter was already appointed as a first
alternate, staff requested Langenwalter be appointed as a full-time member of this board
to serve from April 1, 2005 to March 31, 2010. Ruotolo moved and Moffet seconded the
motion to approve the staff recommendation. The motion passed unanimously, 7-0.
DRB: Cleveland moved and Ruotolo seconded a motion to appoint Sherry Dorward and
Lynn Fritzlen to the DRB. Moffet then moved and Hitt seconded to direct staff to begin
the process to amend the DRB enabling ordinance so membership would increase from
five to seven. Both motions passed unanimously, 7-0. PEC: Cleveland moved and Hitt
seconded to appoint Chas Bernhardt, Doug Cahill and Bill Jewitt to the PEC. All are
reappointments. The motion passed unanimously, 7-0. AIPP: Cleveland moved and
Ruotolo seconded to approve Susan Frampton, Timothy Losa and Jennifer Mason to the
AIPP board. The motion passed unanimously, 7-0.
The fourth item on the agenda was the Seibert Circle Redesign. Council was asked to
review and respond to the recommendation from the Streetscape Design Committee
(SSDC) to reconstruct the Seibert Circle area as part of the Village Streetscape project.
The SSDC, assisted by Wenk and Associates, and project facilitator, Joe Kracum, set
out to develop a new design concept for Seibert Circle which would have four -season
appeal, be a gathering and seating area, and create a new "post card" image for the
town. Kracum reported the SSDC has developed and unanimously agreed to support
such a concept for the inclusion in the Village Streetscape project. The proposed
concept incorporated a European inspired feature with the four -season attraction of
water fountains and fire features into Seibert Circle. The intent of the feature is to honor
Vail's legacy. Brent Lloyd, representing Wenk and Associates, stated a variety of
approaches for the important honor have been suggested including commemoration of
the 101h Mountain Division and a broader theme of honoring the history of the community
and the Vail Valley. Lloyd continued, in addition to the main feature, warming/fire
features are incorporated in the design to promote gathering and numerous additional
seating opportunities are created. The estimated cost of the proposed
redesign/development is $1.1 million. In response to a question from Logan, Lloyd stated
any variability in the cost of the project would most likely occur with the vertical element.
Lloyd also assured Council, if approved, the Circle redevelopment would be completed
by Christmas 2005. Ruotolo inquired if the original artist, Jesus Moroles, would approve
of moving the existing sculpture. Hall and Lloyd stated Moroles had been made aware of
the redesign plans and approved of moving his sculpture. During a pause for public
comment, Pete Seibert, Jr. stated the conceptual renderings of the circle would be
something his father (Pete Seibert, recognized as one of the original founders of Vail)
would have liked and approved of. Alan Kosloff, SSDC member, stated the committee
make-up represented a "pure" group/representation of the town and the existing
sculpture was polarizing, with the proposed recommendation offering the opportunity to
bring the town together. Sheika Gramshammer stated the circle design should be
simple and truly represent a space Pete Seibert would have appreciated. She did not
support the inclusion of fire into the element, as it would upset adjacent neighbors. Rick
Mueller, adjacent property owner, reiterated Gramshammer's remarks, and stated the
circle should be worthy of a post card. "if we don't approve this now, I don't think it's
going to happen in our lifetime." Barbie Christopher, AIPP Member, reiterating former
AIPP recommendations, stated the present circle design is cold and uninviting and does
not capture the European charm of the Village. Slifer thanked Donovan and Cleveland
for representing Council on the SSDC. Moffet expressed concern the plan involves
moving the Moroles piece without having a designated relocation point. He also stated
he was concerned the design resembled a cold former Eastern European bloc. Hitt
stated he thought the conceptual design was a move in the right direction. Donovan
acknowledged she would vote for the conceptual design, only because she had been
assured the project would be completed by fall of 2005. Ruotolo said she thought
redesigning the circle was a terrible waste of money. Cleveland stated he would vote
against the proposal even though he liked the design and his decision was based purely
on the fiscal ramifications. Logan stated, if we are going to spend money on a site in the
town, Seibert Circle is a most appropriate place. Logan moved to approve the
recommendation to relocate the Moroles art piece to a location still to be determined and
design and construct the presented concept with the proviso the project be completed in
the fall of 2005. Hitt seconded. Zemler reported for the record, Vail Resorts could
contribute up to $500,000 for the circle's feature if the corporation approved the design.
Zemler also asked for an "up to" amount of $1,134,000 for the project be designated in
the motion. The motion passed 5-2, with Ruotolo and Cleveland dissenting.
The fifth item on the agenda was a draft agreement between the Town of Vail and the
Timber Ridge Affordable Housing Corporation (TRAHC). Mire reported the agreement
memorializes the reporting and financial disclosures Council requires of the new TRAHC
board. It was reported the TRAHC board approved the agreement at its last meeting
and requested a motion for approval by the Council. Moffet moved to approve the draft
agreement with Cleveland seconding. The motion passed unanimously, 7-0.
The sixth item on the agenda was a Vail Conference Center Update. Forrest reported
the Conference Center Oversight Committee had requested permission to proceed
through the development review process with the Conference Center design reviewed
previously by Council on March 15, 2005. Moffet moved to schedule a work session with
the PEC to present the current design and develop preliminary opinions. Logan
seconded. The motion passed unanimously, 7-0. The Committee has felt obtaining initial
input from the PEC and DRB prior to issuing bonds is important in determining whether
the capital budget for the project is adequate. During a pause for public comment,
Nancy Rondeau stated she believed elected officials represented local opinion only
during election time and encouraged Council to (exercise adequate anticipation and well
informed perception). Paul Rondeau expressed concern no one on the Oversight
Committee had contacted him regarding proposed suggestions presented by him in
various articles in the Vail Daily and at public meetings. He then stated he believed the
Committee is arrogant and (hubris in nature). Logan stated the public process involved
in the development of the conference center was extraordinarily thorough and
represented true democratic principles. Logan again thanked Zemler for orchestrating a
successful financial year and expressed appreciation for Zemler's efforts with the
conference center. Logan then emphasized there have been no decisions made to
formalize moving forward with the conference center. Hitt reiterated Logan's comments.
The seventh item on the agenda was an appeal of the DRB denial of the proposed
locations and backlighting of the Vail Happenings Signs (DRB05-0028), located at Slifer
Plaza, The Children's Fountain, Crossroads Mall, and the LionsHead bus stop. Town
Planner Elizabeth Eckel stated on May 21, 2003, the DRB approved an application
submitted by the appellant to erect four metal "public information signs" (one of which
was already erected). The DRB approved the application with two conditions: there be
no lighting and the signs would be temporary. On February 1, 2005, the appellant
submitted an application to backlight all four signs. Staff reviewed the DRB's previous
conditions of approval and determined the proposal's lack of compliance with the
standards of Title 11, Section 11-2-1 of the Vail Town Code. The staff therefore denied
the application on February 16, 2005. Staff rescinded the denial previously issued to the
appellant and allowed the appellant to appear before the DRB on March 2, 2005. On
March 2, 2005, the DRB denied the appellant's proposal to backlight the Vail
Happenings signs installed at these locations on the basis public information signs
should not be exempt from the standards to which all other signs in the town are held
accountable, including backlighting. The Community Development Department
therefore recommended the Council uphold the DRB's denial of the application. Town
Planner Matt Gennett provided various photographs of examples of illuminated signs
currently existing within town limits. Rick Scalpello stated for the past two years he has
produced and installed the lighted sign inserts and they only included public messages.
Logan and Moffet asked why staff was recommending the DRB denial be upheld.
Gennett clarified the difference between advertising and public information is open to
interpretation. Cleveland moved to overturn the DRB decision. Logan seconded the
motion. The motion passed unanimously, 7-0.
The eighth item on the agenda was the First reading of Ordinance No. #9, Series 2005,
an Ordinance making Supplemental Appropriations to the 2005 Budget. Camp stated
the ordinance prepared for Council packets had been developed prior to the decision
made earlier in the evening to include Seibert Circle in planned streetscape
improvements. Camp stated the contribution would not affect the appropriation. Moffet
moved and Cleveland seconded. The motion passed unanimously, 7-0. Donovan then
requested Camp provide an overview of the financial success of the town in 2004.
• Camp responded accordingly.
The ninth item on the agenda was the Second reading of Ordinance No. #5, Series of
2005, an ordinance amending Section 6-3C-5C of the Vail Town Code, concerning the
possession of liquor by underage persons. Mire announced one amendment had been
made between first and second reading. Moffet questioned the inclusion of containing
ethyl alcohol as it exists in many household projects. Mire stated it was already in the
Town Code and was consistent with other local jurisdictions including the Colorado
Revised Statutes. Buck Allen, Vail Municipal Judge, stated over -zealous policing is not
commonplace in Vail. Moffet moved with Cleveland seconding the motion to approve.
The motion passed unanimously, 7-0.
The tenth item on the agenda was the Second reading of Ordinance No. #8, Series of
2005, an ordinance for the conveyance to the Vail Corporation, d/b/a Vail Associates,
Inc., of certain portions of Tract C, Vail/LionsHead first filing, and Tract C,
Vail/LionsHead third filing, which are owned by the Town of Vail, and for the vacation
and termination of certain existing public utility and drainage easements within
Vail/LionsHead, first and third filings, all in connection with the development of the
LionsHead "Core" site, a/k/a Arrabelle at Vail Square. Due to a predetermined conflict,
Slifer voluntarily recused himself from the item. Mire explained the purpose of the
ordinance was to: (a) authorize the conveyance by the Town of Vail to The Vail
Corporation, d/b/a Vail Associates, Inc., of those portions owned by the town of the
approved development site for the LionsHead "Core," also having the project name of
"Arrabelle at Vail Square," such conveyance being conditioned upon the closing under
the Core Site Development Agreement, and (b) terminating pre-existing platted
• easements within the Core development site, conditioned upon the closing under the
Core Site Development Agreement and the provision of necessary replacement
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easements. Moffet moved and Ruotolo seconded a motion to approve the ordinance.
The motion passed unanimously, 6-0.
The eleventh item on the agenda was Resolution No. #5, Series of 2005, designating
authorized signers on the town's investment account to include Stan Zemler, Pamela A.
Brandmeyer, and Judy G. Camp as signers on the Yown's investment accounts held at
Charles Schwab. The resolution removed three employees who were no longer with the
town and replaced them with three current employees as authorized signers. Moffet
moved and Hitt seconded a motion to approve the resolution. The motion passed
unanimously, 7-0.
The twelfth item on the agenda was Resolution No. #6, Series of 2005. A resolution,
pursuant to Section 8-1-21(B)(2) Vail Town Code, authorizing street -cut permits to be
issued between March 15 and April 15 of each year in certain circumstances. Mire
announced the resolution was requested by the Town Manager to allow flexibility in
construction timing during the approximately $1 billion of public and private
redevelopment scheduled to take place in the town over the next three years. This
resolution allows the Town Manager and Public Works Director to issue street -cut
permits prior to April 15 in certain instances, for public convenience and necessity.
Moffet moved and Logan seconded a motion to approve. The motion passed
unanimously, 7-0.
The thirteenth item on the agenda was Resolution No. #7, Series of 2005: Resolution
designating three properties in the Town of Vail as parks. Forrest reported on January
25, 2005, the Vail Open Space Board of Trustees met at a scheduled meeting and
unanimously voted to forward a recommendation to the Vail Town Council that the
properties in Attachment A of Resolution #7 referenced as A, B, & C be considered for
designation as parks (so they could be considered for designated open space in the
future). Moffet moved to designate parcels B and C as parks. Ruotolo seconded the
motion. Ruotolo asked if park designation further restricted the property's use. Mire and
Forrest responded the parcel's future use would not be limited. The motion passed
passed 5-2, with Hitt and Cleveland opposed. During a pause for public comment, Jerry
Sibley asked why Moffet had singled the two parcels out. Moffet did not respond with a
reason. Hitt then moved to approve Parcel A as a park with Donovan seconding. Wolf
Mueller encouraged Council to make parcel A, the Middle Bench at Donovan Park, an
official park. The motion passed 5-2, Moffet and Ruotolo opposed.
The fourteenth item on the agenda was the Town Manager's Report. Fire Technician
Tom Talbot reported the fire department had been contacted by the United States Forest
Service (USFS) about a potential "burn" in the Booth Creek area of Vail. The burn could
possibly occur during the window of April 15 to May 15. Talbot stated the burn would
help to provide expanded grazing lands for bighorn sheep, elk and deer. Donovan
expressed grave concern over the potential hazards of a prescribed burn.
The fifteenth item on the agenda was Adjournment. The meeting was adjourned at
approximately 8:40 p.m. Moffet moved and Logan seconded a motion to adjourn. The
motion passed unanimously, 7-0.
0 Respectfully Submitted,
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ATTEST: COL
Lorelei naldson, Town Clerk
Minutes provided by Corey Swisher.
Rodney E. Slifer, Mayor