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HomeMy WebLinkAbout2005-05-03 Town Council Minutes• 1 Vail Town Council Evening Meeting Minutes Tuesday, May 3, 2005 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council convened at approximately 6:00 p.m. on Tuesday, May 3, 2005. Council Members present: Rod Slifer, Mayor Dick Cleveland, Mayor Pro-Tem Diana Donovan Farrow Hitt Kent Logan Kim Ruotolo Greg Moffet* Staff Members Present: Stan Zemler, Town Manager Pam Brandmeyer, Asst. Town Manager Matt Mire, Town Attorney *Arrived at approximately 7:30 p.m. The first item on the agenda was Citizen Input. There was none. The second item on the agenda was the Vail Youth Awards. Mayor Rod Slifer and Chip Domke, Vail Valley Exchange Administrative Director, introduced the following Vail Youth Award winners. Youth Recognition Award: $1,000 College Scholarship ➢ Josie Sutner / Battle Mountain High School ➢ Drew Riley / Vail Mountain School Vail Youth Ambassador Award: Airfare and expenses to Australian Sister City, Mt. Butler ➢ Christina Harrison / Battle Mountain High School ➢ Kyle Moore / Battle Mountain High School The third item on the agenda was Resolution No. #8, Series 2005, A resolution conditionally approving the consolidated service plan for Vail Square Metropolitan District No. #1, No. #2, 'and Vail Square Metropolitan District No. #3. As was discussed at the Council work session of April 19, 2005, Resolution No. #8 operates to approve the Consolidated Service Plan for three (3) metropolitan districts within the LionsHead core area for the primary purpose of financing public improvements associated with the "Vail Square" redevelopment project. The formation of up to three (3) metro districts was agreed to in the Development Agreement between the town and Vail Resorts for the above -referenced project. The Consolidated Service Plan for the proposed districts provides greater detail on the purpose, intent and operation of the proposed districts and is available for viewing in the Town Clerk's office. The resolution stipulates the resolution is a "conditional" approval because it is conditioned upon an Inter- governmental Agreement (IGA) being executed between the Vail Reinvestment Authority and Vail Square Metropolitan District No. #1 regarding the transfer of incremental tax revenue. Cleveland moved and Hitt seconded a motion to approve the resolution. The motion passed unanimously, 6-0. The fourth item on the agenda was a construction update. Public Works Director Greg Hall announced two weeks into the 2005 construction season, work in Vail Village is progressing well. Hall continued by reporting sewer work on Gore Creek Drive was slow, while water line replacement on Bridge Street was progressing and a fire hydrant at P3&J was being relocated. The Vail Road gas line was reported to be complete and a water line and storm sewer installation was progressing. Paving of Vail Road was reported to be scheduled for May 23, and major utility work would not occur in the LionsHead Mall until May 15th. Hitt asked when P3&J would be done. Hall responded most work would be completed by the 41h of July. Logan inquired about the status of the Four Seasons project. Chad Salli, Project Engineer, stated demolition would begin early to late fall. Donovan stated the evergreen trees on the Vail Road roundabout should remain a priority, and their preservation should be paramount in the Four Seasons permit approval. Town Engineer Tom Kassmel stated it would be difficult to maintain most of the vegetation. The fifth item on the agenda was the Ford Park Parking Lot Overlay. Chad Salli requested Council authorize the Town Manager to enter into an agreement with B&B Excavating for the overlay of the Ford Park parking lot in the amount not to exceed $69,000. The existing Ford Park parking lot surface is due for a maintenance overlay. Staff received bids for overlaying the existing surface. B&B Excavating submitted the low bid. Hitt moved with Logan seconding the motion to approve. Donovan asked that boulders be placed on the south side of the parking lot to identify the drop-off. The motion passed unanimously, 6-0. The sixth item on the agenda was the first reading of Ordinance No. #12, Series of 2005 an ordinance repealing and re-enacting Ordinance No. #8, Series of 1995, Cascade Village, amending and re-establishing the approved development plan for the Westhaven Condominiums site located within Area A of SDD No. 4, in accordance with Section 12-9A-10, Vail Town Code, to allow for the construction of thirteen dwelling units Town Planner Matt Gennett announced on February 8 and April 11, 2005, the Planning and Environmental Commission (PEC) held public hearings to consider a request for a major amendment to a special development district (SDD) pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development District No. 4, Cascade Village, for an approved development plan of a new condominium building, located at 1325 Westhaven Drive /(Westhaven Condominiums, aka, "The Ruins")/Area A, Cascade Village. Upon consideration of the request, the Commission voted 6-0-1 (Viele recused) to forward a recommendation of approval with conditions of the applicant's request to Council. Rick Pylman, representing Pylman and Associates, stated all previous attempts to redevelop the site utilized the existing foundation. Pylman stated the project would recognize the transitional nature of the site, maintaining a residential character and scale. All parking associated with the project would be located underground in an on -site parking garage. Pylman also emphasized the project would showcase larger street setbacks than exist with the current foundation, and greater landscape areas. Pylman also explained 7 2 previously proposed projects utilized the north side of the property as the 'front door" of the property. The proposed project was designed to create a sense of arrival on the south side of the parcel and improve vehicular and pedestrian access. Thirteen residential units were proposed for the site, with Employee Housing Units (EHU's) being placed off site as a condition of approval. Jim Morter, representing Morter Architects, stated project design was borrowed from the existing architectural character of the neighborhood. Donovan asked staff to highlight changes made to previous proposals for easier understandability. Donovan also clarified all off -site EHU's would occur in Vail. In response to a question from Donovan, Jen Wright, Project Developer, stated he would like to recycle the existing concrete foundation. Kassmel stated no easement existed for the town recreation path on the property and stated an easement consolidation was part of the proposed project. Council expressed concern regarding existing vegetation being displaced by the project. Pylman assured Council all native vegetation that could be saved would be. Donovan asked there be no phasing (separate components) on the project. Wright approved of the stipulation. Ruotolo asked a minimum square footage requirement be placed on all off -site EHU's. In response to a Council inquiry, Forrest stated the definition of an EHU can be sub -divided, although it would require a kitchen. Wright agreed he would accept a minimum square footage requirement for the required EHU's. Ruotolo clarified the condition stated a Temporary Certificate of Occupancy (TCO) would not be provided prior to ownership of the EHU's. Hitt expressed concern about purchasing EHU's off -site, as the developer would not be adding to the town's employee housing stock. Slifer reported for the record Council received nine letters in support of the project. Hitt stated Council had made no decision on a pay -in -lieu amount for EHU's. Cleveland moved and Logan seconded a motion to approve the ordinance. Due to Moffet's late arrival, Town Attorney Matt Mire instructed him not to vote. The motion passed 6-0. The seventh item on the agenda was the first reading of Ordinance #13, Series of 2005. An ordinance providing a certain amendment to Title 3, Chapter 4, "Design Review Board," of the Municipal Code of the Town of Vail; Changing the composition of the DRB from five to seven members. Mire reported Council had previously requested an ordinance changing the composition of the DRB from five members to seven members. Forrest reported Community Development staff reviewed the proposal with the Design Review Board (DRB) and provided the following thoughts and recommendations: 1. Increasing the number of DRB members to seven would increase the time and complexity of the DRB review process. It will be more difficult to come to consensus on issues to be addressed for proposed projects subject to DRB approval. If the primary concern is attendance, staff recommended reasonably enforcing attendance. The Town Council has latitude to remove members having attendance issues. 2. Although the town was very fortunate to find a number of qualified members for the last round of interviews for DRB, this is not always been the case. 3. In considering the above mentioned issues, both the existing DRB and staff recommend not approving Ordinance #13, Series of 2005. Staff would recommend regular attendance reports be provided to Council and if attendance is an issue with individual members, then Council should take appropriate action. 4. If Council chose to approve the ordinance, staff requested authorizing approximately $1,900 in the next supplemental budget to pay for benefits (ski passes, parking passes) and expenses (lunches) associated with two additional board members. Moffet stated he believed seven members would offer more consistency. Moffet moved with Ruotolo seconding a motion to approve. Ruotolo reiterated comments made in previous meetings, encouraging the expansion of the pool of applicants by allowing individuals who work in Vail, although do not reside in Vail, to be appointed to boards. During a pause for public comment, Jim Mortar stated the success of the DRB is based on the quality of the board as opposed to the number of board members. The motion passed 4-3, with Slifer, Logan, Moffet and Rutolo voting in favor, and Hitt, Donovan and Cleveland voting against. The eighth item on the agenda was the second Reading of Ordinance No. #10, Series of 2005, an ordinance approving the Commercial Core Construction Mitigation Sign and Construction Fencing Package which will be implemented by the Town to mitigate the impacts of construction in the commercial cores during redevelopment. Ruotolo moved and Moffet seconded a motion to approve. The motion passed, 7-0. The ninth item on the agenda was the second reading of Ordinance No. #11, Series of 2005, an ordinance amending Section 12-14-14, Restaurants, Bars, and Similar Uses, Vail Town Code. Mire stated on March 28, 2005, the PEC voted 5-0 to forward a recommendation of approval for the proposed text amendment. The purpose of the proposed amendment is to resolve existing conflicts relating to noise regulations in the Vail Town Code. Moffet moved with Logan seconding the motion. The motion passed, 7-0. The tenth item on the agenda was the second reading of Ordinance No. #17, Series of 2004, an ordinance amending Special Development District #4, Cascade Village, to allow for the creation of Development Area E, located at Tract K, Glen Lyon Subdivision On July 12, 2004, the PEC voted 4-2 to forward a recommendation of approval, with conditions, for the proposed amendments to SDD #4, Cascade Village. On August 3, 2004, by a vote of 7-0 the Council approved the first reading of Ordinance No. #17, Series of 2004, with a condition that the applicant, Vail Resorts, resolve any issues related to the Protective Covenants of Glen Lyon Subdivision, prior to the second reading of this ordinance. On August 17, 2004; October 5, 2004; and January 4, 2005 Council tabled the second reading of the ordinance, to allow the applicant additional time to resolve issues related to the protective covenants. The outstanding protective covenant issues had not yet been resolved; therefore, Vail Resorts requested the second reading of the ordinance, again be tabled to a future Council meeting. The applicant requested the town table the second reading of the ordinance, to June 21, 2005. Moffet moved to table the item with Logan seconding the motion. The motion passed unanimously, 7-0. Jay Peterson, representing Vail Resorts, stated two meetings have been held with adjacent property owners and a new agreement for lift operation was being negotiated. Peterson did state one homeowner was being particularly difficult to work with. The eleventh item on the agenda was the Town Manager's Report. ➢ Vail America Day's Update (4th of July) Assistant Town Manager Brandmeyer reported on the uncertainty of the exact July 4 parade route and the challenges faced in staging the parade due to construction. She said the town was hoping to attract approximately 50 quality entries into the parade. "We feel by keeping the entries to around 50, the parade will move more continuously through town. "Our goal is to emphasize the after -parade experience in Ford Park with a family -friendly afternoon of continuous entertainment culminating with a live simulcast of the fireworks display with a regional orchestra staged in Ford Park. We are working with 4 • • 1 the Vail Valley Foundation on use of the Amphitheater as well." Hitt asked why the Amphitheater would be booked on the 4th of July, when the town traditionally held events there. Slifer recommended all cranes in town be required to display American flags. ➢ Sales Tax Report Town Manager Stan Zemler updated Council on the most recent sales tax revenues. He stated March returns showed a 17.5 percent increase over the same month in 2004, and represented a positive trend for the town. The twelfth item on the agenda was Executive Session: Pursuant to C.R.S. §24-6- 402(4)(a)(e). Re: An Executive Session to discuss the purchase, acquisition, lease, transfer, or sale of property interests and to determine positions, develop a strategy, and to instruct negotiators. Council entered Executive Session. Moffet moved and Logan seconded a motion to enter Executive Session. The motion passed unanimously, 7-0. No decisions were made. The thirteenth item on the agenda was adjournment. The meeting was adjourned at approximately 9:15 p.m. Moffet moved and Ruotolo seconded a motion to adjourn. The motion passed unanimously, 7-0. Respectfully Submitted, Rodney E. Slifer, Mayor ATTEST: 00N OF•` r SEA I C� Lorelei Donaldson, Town Clerk '•.• �o�o�po Minutes provided by Corey Swisher.