HomeMy WebLinkAbout2005-06-07 Town Council Minutes• Vail Town Council Evening Meeting Minutes
Tuesday, June 7, 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, June 7, 2005.
Council Members present: Dick Cleveland, Mayor Pro-Tem
Diana Donovan
Farrow Hitt
Kent Logan
Kim Ruotolo
Not present: Rod Slifer, Mayor
Greg Moffet
Staff Members Present: Stan Zemler, Town Manager
Pam Brandmeyer, Asst. Town Manager
Matt Mire, Town Attorney
The first item on the agenda was Citizen Input. Douglas McLaughlin, an owner of a unit
at the Lifthouse, stated he was not happy with the impacts of redevelopment in
LionsHead, as his property taxes had increased.
Kevin Foley asked Council for stricter enforcement of construction schedules. Foley
also questioned allowing construction on the weekends.
Paul Rondeau followed up on a letter to the editor he had written requesting the town
provide a comprehensive annual report. Rondeau recommended volunteers be used to
help negate the costs of producing such a document. He emphasized the need to be
able to see what is going on inside "the black box." He thanked Public Information
Officer Suzanne Silverthorn for offering to explore and incorporate his ideas. Cleveland
noted Council had discussed the matter during the work session and the Town Manager
indicated he would investigate reports provided by other municipalities. Cleveland also
invited Rondeau to provide the town with an outline of suggested topics to be included in
a comprehensive annual report.
The second item on the agenda was July 4th Sponsorship Recognition Millennium Bank
/ Gallegos Corp. Representing Eagle Valley Events, Laurie Asmussen introduced and
thanked Jeff Halverson, Millennium Bank, and Bob Gallegos of the Gallegos Corp. for
their 41h of July celebration contributions. Asmussen said the sponsorships will provide a
full day of events, including the annual parade, musical entertainment and fireworks.
The third item on the agenda was the Consent Agenda, Approval of Minutes from May 3
and May 17. Hitt moved and Donovan seconded a motion to approve the meeting
minutes without amendments. The motion passed unanimously, 5-0.
• The fourth item on the agenda was a Construction Update. During an update on the
various construction projects, Donovan inquired about the potential removal of trees at
the Main Vail roundabout to make way for the Four Seasons project. Town Engineer
Tom Kassmel stated there might be a way to save the trees. Cleveland asked staff keep
Council apprised of the situation. Elsewhere, Public Works Director Greg Hall reported
work continues on a major sewer line in front of the Sitzmark and work on the street
(Gore Creek Drive) would continue until the week of June 25. Hall also reported
stonework was being placed at the Children's Fountain with the area scheduled to be
back in use by the July 4ch holiday weekend. According to Hall, utility work in the
LionsHead Mall will continue past June 25 due to the complicated scope of the project.
Work will take place from 7a.m. to 7p.m. seven days a week as long as noise ordinances
are complied with. Logan questioned allowing construction to occur seven days a week.
Mire stated Council could not change construction times for individuals/corporation's
(private projects) with existing building permits. Logan requested additional discussion
during the next council meeting. Hall concluded by reporting the South Frontage Road
roundabout would be closed with in the next week between 9p.m. and 6a.m. due to utility
requirements. LionsHead business owner Bill Jewitt stated construction needed to move
forward quickly and encouraged allowing construction on weekends.
The fifth item on the agenda was a request to approve Resolution #9, Series of 2005,
Approve an Amendment to the LionsHead Public Facilities Development Plan.
Representing the town, Malcolm Murray stated Council was being requested to approve
Resolution #9, Series of 2005, following findings that the amendment to LionsHead
Public Facilities Development Plan was consistent with the Town of Vail's
Comprehensive Plan. The LionsHead Public Facilities Development Plan ("Plan") was
prepared by the Vail Reinvestment Authority ("VRA") and adopted by Council, pursuant
to the provisions of the Urban Renewal Law of the State of Colorado, Article 25 of Title
31, Colorado Revised Statutes on March 16, 2004. At the time of approval, sections 5.1
and 5.2 of the plan were deleted that authorized tax increment financing. However, the
PEC reviewed and made a favorable recommendation of the Plan with the tax increment
provisions in the Plan. The tax increment provisions were not included in the final
approval to avoid unduly limiting the bonding capacity of this financial tool.
Subsequently, the VRA requested sections 5.1 and 5.2 be reinserted into the Plan now
that construction has commenced in LionsHead. The amendment to the Plan is
considered a substantial modification and triggers compliance with all procedural steps
required for original adoption of the Plan. On May 23 the PEC voted 5-1 to forward a
finding to Council that the amendment to LionsHead Public Facilities Development Plan
conforms to the Vail Comprehensive Plan. Cleveland clarified state statute required PEC
approval of the amendment. Ruotolo moved and Logan seconded a motion to approve.
The motion passed unanimously, 5-0.
The sixth item on the agenda was a Westhaven Circle / Greenhill Court, Award of Bid.
Kassmel requested Council approve a supplemental budget request for the Capital
Street Maintenance Budget and award a construction contract to B&B Excavating.
Westhaven Circle and Greenhill Court streets were reported to be in poor condition and
in need of repairing. The reconstruction of these roads had been bid out for construction
in two phases. B&B Excavating was the single bidder and proposed the following prices:
Phase I - Westhaven Circle: $753,000
Phase I & 11 — Westhaven Circle and Greenhill Ct.: $1,040,000
• The project had $700,000 budgeted from the 2005 Capital Street Maintenance budget.
Kassmel provided Council with three potential options:
Option 1: Complete Phase I less -500' of road reconstruction and stay within
budget.
Option 2: Request a budget supplemental in the amount of $100,000 and complete
all of Phase I.
Option 3: Request a budget supplemental in the amount of $365,000 and complete
all of Phase I and Phase II.
Staff recommended Option three. Logan asked for a more comprehensive capital
improvement strategy. Donovan questioned spending dollars on a road with minimal
traffic. Hitt clarified B&B offered a competitive pricing as they would have adequate
crews on hand due to the town's redevelopment efforts. Cleveland and Logan clarified
with staff the road was a priority for the town. Cleveland also stated he did not want
drainage concerns to lead to the urbanization of the area. Hall stated curb and gutter
would be minimized. Hitt moved to accept the staff recommendation with Ruotolo
seconding. The motion passed unanimously, 5-0.
The seventh item on the agenda was an Appeal of the Town of Vail DRB's April 6,
2005, approval of a Design Review Application (DRB05-0102), pursuant to Section 12-3-
3, Appeals, Vail Town Code, to allow for a new single-family residence, the "Alfond
Residence", located at 1345 Westhaven Circle/Lot 50, Glen Lyon. On April 6 the DRB
approved the proposed "Alfond Residence" (DRB05-0102) with no conditions and with a
vote of 2-1 (Dunning opposed). The appellant, Patricia O'Neil, was present at the April 6
DRB hearing and articulated her objections to the project in that forum. On April 21 the
appellant filed her appeal of the April 6 DRB approval of the proposed Alfond Residence,
DRB05-0102. On May 17, 2005, Council granted a request for a continuance, pursuant
to Section 12-3-3, until the next regularly scheduled Town Council hearing, June 7. Staff
recommended Council uphold the DRB's approval of the proposed "Alfond Residence",
DR1305-0102, pursuant to Chapter 12-11, Design Review, Vail Town Code.
Representing herself, O'Neil stated she objected to information (a rebuttal) provided to
Council by the appellee prior to the meeting and questioned possible ex-parte
communication occurring earlier in the day. Summarizing her arguments she stated
concern over privacy and a potential drop in property value. Logan questioned
notification requirements. Gennett stated DRB notices were published in the paper the
Friday before the actual meeting. Hitt clarified the proposed Alfond residence fell within
setbacks. Cleveland asked where the DRB failed. O'Neil stated issues such as windows
being allowed to be placed in front of neighboring windows. Mire asked Council if they
had participated in ex-parte communication with the appellant or appellee. All answered
no. Mire then clarified written communication from the appellee was allowed.
Representing the respondent, Jay Peterson rebutted O'Neil's arguments, targeting
comments provided in correspondence included in Council packets. In an opportunity
for public comment, Tony Ryerson stated he believed cases such as this would become
more common in Vail as homes are becoming larger. Hitt, Donovan, Logan and Ruotolo
stated the home met all zoning standards and achieved DRB approval. Donovan
discouraged construction of windows that "look" into existing neighboring windows. Hitt
moved to uphold the DRB approval, a second was made by Logan. The motion passed
unanimously, 5-0.
. The eighth item on
Funding. Assistant
funding requests.
the agenda was the Decision on 2005 Out -of -Cycle Requests for
Town Manager Pam Brandmeyer reviewed five 2005 out -of -cycle
➢ Alpine Gardens: Donovan stated the town had contributed enough to the Alpine
Gardens. Brandmeyer clarified the town had paid the Alpine Gardens $94,000 year-
to-date, both for operations and maintenance as well as capital improvements.
Council agreed to not fund the request.
➢ Monday Night Movies: Hitt asked Special Events Coordinator Sybill Navas to explain
the event's funding request history. Donovan asked if the Commission on Special
Events had additional dollars if they would use them to fund this request. CSE
member Mark Gordon stated he would have supported funding the project. Ruotolo
stated the town had adequately funded the Vail Film Festival in 2005. Logan
supported funding the request and asked if any similar donations are requested they
be tied into the actual festival request. Hitt moved and Logan seconded a motion to
approve the funding request. Hitt then asked if it conflicted with the Crossroads
movie theaters. Logan stated he thought it was important for Navas to be present at
any Council discussions of event funding. Rick Scalpello said the East Meadow
Drive Business Association supported the events and offered additional funding.
Brian Sipes, Avon Council Member, stated Avon offers outdoor movies and the
equipment necessary to provide them cost approximately $12,000. The motion
failed, 2-3 with Cleveland, Ruotolo and Donovan opposing the request. Zemler
asked if Council wanted to explore any sharing opportunities with Avon. Council
stated no.
➢ Teva Mountain Games: Logan moved and Hitt seconded a motion to approve
funding in -kind services. Donovan and Hitt stated the town would have supported
the request during the usual budget appropriation cycle. The motion passed
unanimously, 5-0.
➢ Vail Mountain Rescue: Ruotolo clarified the charter transportation needs were to
transport conference attendees to training areas located outside the town, while food
and lodging would be provided for the conference within Vail. Ruotolo moved and
Logan seconded an amended motion to fund an in kind donation not to exceed
$2,000. The motion passed unanimously, 5-0.
Logan stated he believed Council had previously determined not to discuss issues in an
amount under $5,000 or $10,000. He then requested an agenda item be scheduled to
address funding requests during the next work session.
➢ Cascade Village Metropolitan District (CVMD): Town Landscape Architect Gregg
Barrie reported the town would pay for one-third and CVMD would pay two-thirds of
the construction costs. Donovan supported the Westhaven Bridge, although Real
Estate Transfer Tax (RETT) funds are not used for construction. Ruotolo supported
use of RETT funds for the project. Logan encouraged a successful resolution to a
disagreement regarding Tract K between the Glen Lyon subdivision and Vail
Resorts. Representing Vail Resorts, Jay Peterson stated Vail Resorts might
contribute to the funding of the bridge for snowcat access. Representing the CVMD,
Kim Setter stated $100,000 would help to contribute to a bridge structurally capable
of supporting suitable snow -loads related to snowcats. He encouraged Council not to
• postpone a decision to complete construction by the 2005-06 ski season. Peterson
confirmed Vail Resorts' financial participation would be contingent upon Tract K
resolution. Mire stated easement rights regarding the bridge and the Gore Valley
Trail could be dedicated. Representing the Vail Village Homeowner's Association,
Jim Lamont urged Council to move forward as this neighborhood had come forth
willing to help support improvements. Mire stated approval will be needed for an
Intergovernmental Agreement (IGA) prior to the town entering into a contract with the
CVMD. The agreement will be scheduled for discussion at a later date. Peterson
stated Vail Resorts would help provide insurance for the area. Donovan stated her
support would be contingent upon the Tract K issue being resolved and an IGA
approved. Cleveland expressed concern over the lack of a long-term capital
improvement plan. Ruotolo moved and Logan seconded a motion to approve
$106,000 of RETT funds for the skier pedestrian bridge contingent upon theTract K
resolution and approval of an IGA. The motion passed unanimously, 5-0. Ruotolo
then moved to approve RETT funds not to exceed $94,000 under the same
conditions for the Westhaven Bridge with Logan seconding. The motion failed 1-4,
with Ruotolo being the only supporting vote. Donovan moved to substitute capital
funds for RETT with Logan seconding. The motion passed 4-1, with Ruotolo being
the dissenting vote.
The ninth item on the agenda was the Conference Center / Award of contract from
Mortenson / Budget Update. Zemler reported the Conference Center Advisory
Committee (CCAC) is requesting the following based on the direction received from the
Town Council on May 17, 2005:
• Authorize the Town Manager to execute a contract with Mortenson for
predevelopment service as shown in attachment A.
• Review input from the Committee on ideas to reduce construction costs for the
facility.
• Approval of additional expenditures to execute the direction provided by Council on
May 17 to move forward with the current design of the facility.
After significant public input and Council deliberation, Council directed staff on May 17
to: Implement option B which involved moving forward with the existing program and
design, while reducing costs to a reasonable extent possible. This step involves moving
forward with the development of the existing design and reviewing it with the PEC and
DRB. In addition, Council directed staff to develop ballot language that would not only
provide additional revenue for the construction of the facility but also an additional $1.5
million per year over and above annual debt service to pay for operational deficits.
Zemler stated a price lock for the center was hoped to be achieved by early September.
Representing Architectural Research Consultants (ARC), Chris Squadra discussed
several value engineering design changes. He also discussed the materials cost
escalation process. Hitt asked why block walls were proposed to be used on the
structure as he hasn't noticed very many in the valley. Hall stated they were relatively
common. Hitt stated block over poured walls was a mistake. Ruotolo asked for
additional information on acoustical ceiling tile and block walls be provided. Hitt stated
he wanted the waterfall feature be maintained in the design. Zemler stated the town had
spent almost $1,875,000 on the conference center project to date. Cleveland stated he
would like to have a ballot question discussion sooner rather than later. Logan
emphasized a "no vote" for the additional tax would immediately stop the tax presently
being collected for the center and the project would be "dead." Zemler recommended
. any ballot initiative language discussion take place at the evening meeting, allowing for
public input. Mire stated ballot initiative concepts have been drafted. Cleveland
expressed displeasure with initial project cost estimates provided by ARC and
questioned trusting the consultants' advice. Donovan also stated displeasure with
estimates and information provided by consultants on the project. Representing the Vail
Village Homeowner's Association, Jim Lamont asked Council to clarify ballot language
sooner than later and discouraged extreme use of value engineering. Logan moved to
appropriate approximately $404,000 to continue work on the project until Sept. 6. The
motion passed 3-2, with Cleveland and Donovan dissenting. Logan reiterated a "no -vote"
on the conference center would end the project.
The tenth item on the agenda was the Timber Ridge Affordable Housing Commission
(TRAHC) Discussion / Proposed Request for Proposals & Letter of Intent. Housing
Coordinator Nina Timm and Zemler stated the TRAHC board came to Council on May
17, 2005, to request a loan of $700;000 to cover under -funded operating accounts as
well as funds to remediate 44 additional units for lease to Vail Resorts. Council agreed to
the loan with two conditions: one, a master lease for the additional units is signed by Vail
Resorts; and two, a Request for Proposals (RFP) be issued for sale or redevelopment of
Timber Ridge Village. The TRAHC subsequently secured a commitment from Vail
Resorts to lease an additional 44 units at Timber Ridge, provided they would be
remediated for mold. TRAHC asked Council to review the goals and timeline for the draft
RFP and verify it meets the expectations of Council. Zemler stated staff would return the
next meeting with "parameters" potential developers should consider. Donovan asked
how 600 beds were developed out of 198 units. Timm announced an average of three
individuals per unit had been determined when placing the deed restriction on the
property. Zemler stated a recent study showed the units were being rented at an
appropriate price. Donovan then stressed the purchase of the project had not been a
failure and the town needed to find a buyer for the project. Cleveland said the property
offered an incredible redevelopment opportunity as it was in the middle of town and had
minimal neighbors. Ruotolo stressed the need to maintain 600 beds of affordable
employee housing. Logan expressed displeasure with the provided RFP timeline as
Council wouldn't receive the RFP until fall. Council agreed flexibility with the project
should be encouraged. Zemler encouraged the use of an RFP to encourage a structured
process with timelines and specific dates. Camp emphasized funds (letter of credit
payments) would be required by July. Logan moved to release $700,000 to the TRAHC
Board with Donovan seconding. Logan also requested the TRAHC Board return to
Council each meeting with a status report. During a pause for public comment, Mark
Gordon said people (Vail residents) want a mixed -use (middle class) neighborhood and
also encouraged a Vail recreation center. Steve Lindstrom, a member of the Vail Local
Housing Authority, also urged Council to "take a step back" and seriously evaluate the
project, as it is an opportunity as opposed to a fire sale. Mire clarified loan documents
would be provided and a formal agreement would be made between Council and the
TRAHC board. Zemler urged Council to move at a reasonable pace. The motion
passed unanimously, 5-0.
The eleventh item on the agenda was the first reading of Ordinance No. #14, Series of
2005, an ordinance repealing and reenacting Ordinance #24, Series of 2004 establishing
Special Development District (SDD) No. #38, Manor Vail Lodge. Town Planner Warren
Campbell explained on December 7, 2004, Council approved the second reading of
Ordinance #24, Series of 2004 by unanimous vote to establish SDD No. #38, Manor Vail
Lodge. The purpose of the new Special Development District is to facilitate the
• redevelopment of the Manor Vail Lodge, located at 595 Vail Valley Drive. In the time
since this approval, a discrepancy was discovered in the lot area of the Manor Vail
development site which has rendered many of the zoning statistics reported in Ordinance
#24, Series of 2004 inaccurate. In addition there was a typographical error found
regarding the number of attached accommodation units to be constructed. The number
increased to 20 from 17. Ordinance #14, Series of 2005 corrects these items. The
Community Development Department recommended Council approve Ordinance No.
#14, Series of 2005, on first reading. Ruotolo moved to approve with Donovan
seconding. The motion passed unanimously, 5-0.
•
The twelfth item on the agenda was the first reading of Ordinance No. #15, Series of
2005, an ordinance amending Section 12-21-14, Restrictions in Specific Zones on
Excessive Slopes, Vail Town Code, to increase the allowable site coverage on lots with
average slopes in excess of 30 percent from a current maximum of 15 percent of the
total lot size, to the standard maximum of 20 percent of the total lot size. Town Planner
Matt Gennett explained the PEC held public meetings to consider this request on March
14, 2005, and on April 25, 2005, at which time the PEC forwarded a recommendation of
approval to Council. Donovan stated she supported the intent of the ordinance but not
the actual ordinance and stated the right answer wasn't available, but there is a need to
move forward. Logan agreed with Donovan and encouraged discussing the issue on a
case -by -case basis. Steve Isom representing Isom and Associates stated the change
would allow more units to be stepped on a slope and existing regulations encouraged
more site disturbance. Hitt moved the ordinance be tabled until July 19 for further
research. Ruther stated GRFA is no longer the limiting factor for the size of homes.
Donovan withdrew her second. Logan moved to deny the ordinance with Donovan
seconding. The motion passed 4-1, with Hitt dissenting.
The thirteenth item on the agenda was the Town Manager's Report.
➢ `05 SUMMER VAIL VALLEY ATHLETE COMMISSION ALLOCATIONS
At the May 13 meeting of the above, the following allocations were agreed upon:
Michael Janelle $750 Pro Road and Mountain Biking
Josiah Midaugh $1,000 Pro Triathlon
Nat Ross $750 Pro/World Cup Cross Country Mountain Biking
Two additional applications were received, but one was received far after the deadline
and the second lacked international competitive experience. Thus, neither was funded.
Again, this partnership is jointly funded through the Beaver Creek Resort Company, Vail
Resorts, the Vail Valley Foundation and the town.
➢ INFORMATION BOOTH REQUIREMENT FOR AUDITED FINANCIAL STATEMENT
Staff was asked to review whether the current information booth contract with the Vail
Valley Chamber and Tourism Bureau (VVCTB) required an audited financial statement.
Section II. Administrative Control of Funds, Paragraph C, reads as follows: "The
VVCTB shall submit to the town, for its review, the VVCTB audited financial stateme
by July 1, 2006. The expense of this audit shall be paid by the VVCTB as an expense
administration." Staff recommended the clause be included in any future contract for th
performance of service because it ensures fiscal accountability of public funds.
• ➢ JOINT MEETING WITH EAGLE COUNTY COMMISSIONERS
A joint meeting with the Eagle County commissioners (Board of County Commissioners,
e.g., BOCC) has been scheduled for 6 p.m. Tuesday, Aug. 16 in Vail. Brandmeyer
encouraged Council to think of potential topic areas of discussion for the joint meeting.
Brandmeyer emphasized the meeting would occur during Council's normal evening
meeting time, in order to allow the BOCC to complete its afternoon meeing and travel up
to Vail.
➢ MOUNTAIN RESPONSE 2005
The emergency training exercise took place May 21-24 with participant feedback being
positive with many saying it was the best exercise they've ever attended, thanks, in part,
to Vail Resorts, which provided the exercise site. The event simulated a building
collapse in LionsHead with "victims" trapped beneath the rubble. There were more than
40 agencies involved, including national search and rescue teams from Colorado and
Utah. In the past, these elite teams had responded to large-scale incidents such as the
World Trade Center disaster and the Oklahoma City bombing. While in Vail, these urban
search and rescue teams not only trained as a unit, but also provided hands-on training
to local responders. In addition, the exercise provided an opportunity to test the
integration of local, state and federal incident management plans, the ability to deliver
critical information to the public, an opportunity to track the cost of the response, plus
important disaster declaration training from the Federal Emergency Management
Agency (FEMA). More than 650 people participated in the exercise, including about 60
volunteers. In addition, the local branch of the Salvation Army arranged to provide a
canteen during the four days with assistance from the Red Cross. Police Chief Dwight
Henninger served as Exercise Director.
➢ OFFICER AWARDED FOR "SERVICE ABOVE SELF"
Code Enforcement Officer Moses Gonzales received the Rotary Club's "Service Above
Self' Public Service award on Wednesday, June 1, at the Rotary meeting at Manor Vail.
Moses was recognized for his excellent service to the Town of Vail as a Code
Enforcement Officer with the Police Department and for all of his service to the Valley
including the Food Drive, Shop with a Cop program and his service on a number of non-
profit boards.
The thirteenth item on the agenda was Adjournment. Cleveland moved and Hitt
seconded a motion to adjourn. The motion passed unanimously, 5-0.
Respectfully Submitted,
Z&-X-C 0-C OL
Dick Cleveland, Mayor P o-Tern
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Lorelei JDonaldson, Town Clerk
Minutes provided by Corey Swisher.
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