HomeMy WebLinkAbout2005-05-03 Town Council Minutes•
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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
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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
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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
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Lorelei Donaldson, Town Clerk '•.•
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Minutes provided by Corey Swisher.