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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 0 ATTEST: 8 Lorelei JDonaldson, Town Clerk Minutes provided by Corey Swisher. 0 0