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HomeMy WebLinkAbout2005-12-20 Town Council MinutesVail Town Council Meeting Minutes Tuesday, December 20, 2005 6:00 P.M. Vail Town Council Chambers Council Members Present: Rod Slifer, Mayor Kevin Foley Mark Gordon Kim Ruotolo Farrow Hitt Greg Moffet Kent Logan Staff Members Present: Stan Zemler, Town Manager Pam Brandmeyer, Asst. Town Manager Matt Mire, Town Attorney Representing the East Meadow Drive Business Association, Reyla Kundolf greeted the Council with samples of hot chocolate and used the occasion to invite the community to participate in the various holiday activities underway in the neighborhood. Santa also stopped by to deliver gifts and spread some good cheer. The first item on the agenda was Citizen Recognition. In June of 2005, eight -year -old Hunter Fahrmeyer called 911 in Eagle County for his mother who was suffering from an allergic reaction to medication. Hunter's quick thinking and his ability to calmly and accurately present the requested information to the 911 dispatcher helped to save his mom's life. At this award presentation, the President of the Colorado National Emergency Numbers Association (NENA) and Paul Smith from the Vail Public Safety Communications Center presented Hunter with a 911 Hero's Award. Also, it was announced that Charley Erickson, the dispatcher who took Hunter's call, had been named Colorado 911 Hero Dispatcher of the year. The second item on the agenda was the Vail Valley Exchange Award Recipients and Visiting Exchange Member Introduction. Scott O'Connell, president of the Vail Valley Exchange, recognized the 2006 Vail Valley Exchange Award Recipients. He also announced eight Australian racers from the Mt. Buller Ski Team would be participating in the Ski Club Vail program for three -and -a- half weeks in January of 2006. The award recipients are Bianca Gordon and Kelsey Ferguson, both from Vail Mountain School; and Damien Jewell, Benalla, Victoria Australia as well as Brodie Galbraith, Mansfield, Victoria Australia. • 6 The third item on the agenda was Citizen Participation. John Cochran, representing the Sonnenalp Resort, asked Council to consider an amendment to the town code that would allow use of electric carts on Vail Road to satisfy guest service needs. The matter was referred to town staff. The fourth item on the agenda was appointment to the Local Licensing Authority (LLA). There was one vacancy on the LLA due to Kevin Foley being elected to Town Council. The town received three applications for the vacancy. Council interviewed the applicants at the work session and then made the appointment at the evening meeting. The applicants were: Mike Arnett, Dick Cleveland and Danny Padnick. Hitt moved to appoint Cleveland to the LLA with Foley seconding the motion. The motion passed unanimously, 7-0. Appointments were also made to the Commission on Special Events (CSE). Appointments were made to the CSE from among the following 11 applicants: Robert H. Aikens, Stephen Connolly, Todd Gerhke, Mike Griffin, Clint Huber, Joe Joyce, Barbara May, Danny Padnick, Bryant Routh, Scott Stoughton and Steven E. Kaufman. Hitt moved to appoint Aikens, Connolly, Huber and Stoughton with Foley seconding. The motion passed unanimously, 7-0. The fifth item on the agenda was a Seibert Circle Design Update. Project Manager Todd Oppenheimer asked Council to review a design for the Seibert Circle streetscape feature as presented by Wenk Associates and to take action to approve or deny the design, or direct staff to hire an additional design team member (WET Design) to enhance the design for resubmittal and evaluation by the Council. At the April 5, 2005, meeting, Council approved a recommendation by the Streetscape Design Committee to develop a new design concept for Seibert Circle. The budget for the complete redesign and reconstruction of Seibert Circle was set at $1,134,000. Subsequent to that approval, the Moroles sculptures were placed in storage and infrastructure and paving improvements were completed during this past fall's construction period. Approximately $350,000 of the allocated funds remain for construction of a central feature. Several design concepts had been created by the project design team and reviewed by the Seibert Circle Design Committee before it was disbanded following the November election, according to Oppenheimer. The final direction by the Council Streetscape Committee was to move forward with a natural landscape design concept. The natural design concept is a streetscape feature rather than an art feature. Council members viewed a presentation from Wenk Associations with illustrations of the proposed landscape design. They also heard from Ron Riley, owner of the commercial space within the Bridge Street Lodge, who personally contacted WET Design and brought them to Vail, at his expense, to review the site and discuss an alternative project. "They would be able to produce something very eye catching and a little out of the ordinary... We've known for a long time we do could a lot better out there." WET Design, based in Los Angeles, is a world-renowned water feature design firm. Their list of projects includes the cauldron for the Salt Lake 2002 Winter Olympics and the Fountains of Bellagio in Las Vegas. While the staff recommendation was to move forward with the landscape design, the Council majority expressed interest in learning more about the alternative collaborative effort between Wenk Associates and WET Design. The collaborative effort, proposed at $35,000, would include at least three alternative designs with estimated construction costs for each. Gordon discouraged a value -engineering approach to the project and suggested asking the part-time resident community for funding support. 0 Ruotolo asked how much Wenk Associates had been paid for design fees. Oppenheimer answered around $76,000 for several different aspects of the project, including 2 engineering. Alan Kosloff of the Vail Village Homeowner's Association encouraged the Council to take time to explore concepts with WET Design, noting his familiarity with the firm's reputation for extraordinary work. Sybill Navas, speaking on behalf of the Commission on Special Events, asked Council to consider special event space when making their decision as these venues are slowly disappearing in Vail Village. Moffet moved to direct staff to engage WET design in a collaborative effort with Wenk and Associates for an amount not to exceed $35,000 to produce conceptual designs for the Seibert Circle streetscape project. Gordon seconded the motion. Logan said he did not think the town would compromise itself by deciding to use WET Design. Hitt said he would like to see what WET Design could bring to the table. Ruotolo stated she believed it was a poor use of public funds as she believed other areas of town could better utilize artistic remediation. Zemler clarified he would use existing dollars earmarked for construction to offset the increased costs, and additional dollars for construction would subsequently be required at the first or second supplemental budget appropriation in 2006. Oppenheimer clarified construction may not be able to be started in April if the conceptual design option is pursued. The motion carried 4-3 with Ruotolo, Foley and Slifer dissenting. The sixth item on the agenda was Assignment of Option by the Metropolitan Council of St. Paul/Minneapolis, Minnesota, to Purchase one 40' Low Floor Hybrid Diesel -Electric Transit Bus for the In -town Shuttle from its Contract with Gillig Corporation. The town has been researching options to replace the in -town shuttle buses with a quieter, cleaner burning more fuel efficient bus. Several demonstrations of different hybrid technologies and buses have been performed in Vail and staff has attended hybrid bus demonstrations at other sites to determine the type of technology and bus that would meet requirements for noise, emissions and serviceability. Staff reported they believed the Gillig low -floor hybrid bus would provide an in -town shuttle service that will improve the experience for residents and guests by reducing noise, emissions and fuel consumption. These are the same buses the National Park Service purchased to operate in Yosemite National Park in California to get the same results Vail is trying to achieve. This is the first bus of ten to be replaced on the in -town shuttle and is included in the 2005 capital budget. Moffet moved to authorize the Town Manager to execute the IGA, and award the subject bid with Foley seconding. The motion passed unanimously, 7-0. The seventh item on the agenda was a Notice Under the Americans with Disabilities Act agreement. Town Attorney Matt Mire reported the U.S. Department of Justice (USDOJ) audited the town for compliance with Title II of the Americans with Disabilities Act (ADA) as part of Project Civic Access, an initiative designed to improve access to local government programs and facilities for persons with disabilities. Under an August 2004 Agreement between the USDOJ and the Town of Vail, one of the requirements is to adopt the Notice of Agreement, publish the notice, and post it on the home page of the town's web site. Moffet moved to approve the compliance standards with Gordon seconding. Hitt added the town should strive to be more ADA compliant. The motion passed unanimously, 7-0. The eighth item on the agenda was an Appeal of the Town of Vail PEC's Denial of a Variance Application, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a Deck within the Front Setback, located at 1835 West Gore Creek Drive/Lot 20, Vail Village West Filing 2. On November 28, 2005, the PEC denied a request for a variance, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a deck within the front setback, located at 1835 West Gore Creek Drive/Lot 20, Vail Village West Filing 2. The appellants, Kevin Roley and Kate Skaggs, owners of 1835 West Gore Creek Drive, appealed the Commission's denial. Staff recommended Council uphold the Commission's denial, subject to the criteria and findings in the memorandum to the PEC, dated November 28, 2005. Skaggs said the variance was being asked for because of safety issues (a fire had occurred at the residence the past summer). Roley thanked the Vail Fire Department and especially Fire Technician Tom Talbot for extinguishing the fire in an expedient manner. Moffet moved to overturn the decision of the PEC with Hitt seconding. Gordon complimented the PEC and staff for performing an admirable job. The motion passed unanimously, 7-0. The ninth item on the agenda was the First Reading of Ordinance No. 20, Series of 2005, an Ordinance Repealing and Reenacting Ordinance No. 9, Series of 2003, providing for the Major Amendment of Special Development District No. 36, Four Season Resort, and amending the approved Development Plan for Special Development District (SDD) No. 36, in accordance with Chapter 12-9A, Vail Town Code. Town Planner Matt Gennett reported on July 10, 2001, Council approved Ordinance No. 14, Series of 2001. Ordinance No. 14, Series of 2001, adopted a development plan for the establishment of SDD No. 36, Vail Plaza Hotel West, on the Chateau at Vail site. Ordinance No. 14, Series of 2001, approved a development plan for the SDD which included 15 dwelling units, 116 accommodation units, 40 fractional fee club units, and 14 Type III employee housing units. The approved deviations from development standards of the underlying zoning included an increase from both the maximum allowable height and maximum allowable site coverage standards. On October 7, 2003, Council approved Ordinances No. 9 and No. 10, Series of 2003. Ordinances No. 9 and 10 adopted an amended development plan for SDD No. 36, Four Seasons Resort and rezoned a portion of the development site to the Public Accommodation (PA) zone district. The amended development plan allowed for the construction of a mixed use hotel development to include 18 dwelling units, 118 accommodation units, 22 fractional fee club units, and 34 Type III employee housing units. On August 8, 2005, the PEC forwarded a recommendation of approval to Council of a major amendment to the Approved Development Plan for SDD No. 36, Four Seasons Resort. The major amendment consisted of the following modifications: the total number of proposed Dwelling Units is reduced from eighteen (18) to sixteen (16); the total number of proposed Accommodation Units increases from one hundred eighteen (118) to one hundred twenty-two (122); the total number of proposed Fractional Fee Club Units is decreased from twenty-two (22) to nineteen (19); and the total number of Type III Employee Housing Units decreases from thirty-four (34) to twenty-eight (28). On November 28, 2005, the PEC upheld staff's approval of a request for a minor amendment to SDD No. 36, Four Seasons Resort, to allow the applicant to shift the building footprint one foot (1') back from its approved location. Foley asked why the ordinance took four months to be received by Council after PEC approval. Gennett reported details regarding the relocation of Spraddle Creek slowed the process. Moffet moved to approve the ordinance with Logan seconding. During a pause for public comment, Gwen Scalpello, representing Nine Vail Road, expressed concern staff approved changes to the applicant's site plan subsequently allowed the encroachment on adjacent properties. The motion passed 6-1, Foley opposed. 4 The tenth item on the agenda was First Reading of Ordinance 29, Series of 2005, an ordinance amending Title 11, Sign Regulations; Title 12, Zoning Regulations; Title 13, Subdivision Regulations; and Title 14, Development Standards Handbook; Vail Town Code, for proposed corrections and clarifications to the Vail Town Code (Housekeeping Ordinance). Planner Rachel Friede reported through the review process of various zoning applications, problems arise with specific code sections that are not clear to either applicants or staff. This often occurs with zoning code amendments, changes in procedures, or errors in codification. Therefore, staff periodically returns to the PEC and to the Town Council to "clean-up" the Sign, Zoning and Subdivision Regulations as well as the Development Standards Handbook. On October 24, 2005, PEC forwarded a recommendation of approval to the Town Council regarding the proposed amendments. A work session for Council was held on December 6, 2005, where a report outlining the details of the proposed text amendments was distributed. Council members asked questions regarding the proposed text amendments and no changes were made. Moffet moved with Logan seconding. The motion passed unanimously, 7-0. The eleventh item on the agenda was First Reading of Ordinance No. 32, Series of 2005, an ordinance amending 5-3-2, Public Health and Safety, Vail Town Code. Section 5-3-2 of Chapter 5, Public Health and Safety, Vail Town Code, defines a solid fuel burning device as follows: Solid Fuel Burning Device: Any fireplace, stove, firebox or device intended and or use for the purpose of burning wood, pulp, paper, or other non - liquid or nongaseous fuel. The applicants proposed to add the following language to this definition: Solid fuel burning devices do not include cook stoves in licensed commercial eating and drinking establishments in the town. Staff was in favor of the proposed text amendment based upon the intent of the subject regulation and the proposal not having a negative impact upon the purpose and intent of Section 5-3-2, Vail Town Code. Hitt moved to approve with Moffet seconding. The motion passed unanimously, 7-0. The twelfth item on the agenda was First Reading of Ordinance No. 33, Series of 2005, an ordinance repealing and re-enacting Ordinance No. 12, Series of 2006, Cascade Village, amending and reestablishing the approved development plan for Area A of SDD No. 4, in accordance with section 12-9A-10, Vail Town Code, to allow for the construction of eleven new dwelling units. Gennett reported on November 14, 2005, the PEC forwarded a recommendation of approval to Council of a major amendment to the Approved Development Plan for SDD No. 4, Area A, Cascade Village. The requested amendment amends the total number of allowed dwelling units in Area A, SDD No. 4, from ninety-four (94) dwelling units to ninety-eight (98). The Community Development Department recommended Council approve Ordinance No. 33, Series of 2005, on first reading. Gennett announced condominium owners would utilize currently available parking on a first -come, first - served basis. Jack Stone, project architect, stated he would be adding commercial square footage on the main level. `The theaters were not considered commercial space." Ruotolo moved to approve with Moffet seconding. Foley asked how many EHUs the project would create. Stone reported the amount of EHUs generated by the project would decrease. The motion passed 6-1, Foley opposed. The thirteenth item on the agenda was Second Reading of Ordinance No. 25, Series of 2005, an ordinance repealing and reenacting Ordinance No. 9, Series of 1998, providing for changes to special development district no. 22, Grand Traverse, that concern the elimination of Gross Residential Floor Area (GRFA) within the District and the number of lot Due to a publication error, staff requested Council table the item until January 3, 2005. On September 26, 2005, the Town of Vail PEC held a public hearing on a request to amend SDD No. 22, Grand Traverse. The purpose of the amendment to the SDD is to eliminate the GRFA limitations within the Grand Traverse residential development. Upon review of the request, the PEC voted 4-0-0 to forward a recommendation of approval of the request to amend SDD No. 22, Grand traverse, to Council. On December 6, 2005, Council approved the first reading of Ordinance 25, Series of 2005, by a vote of 5-2-0 (Hitt and Foley opposed). Moffet moved to table until January 3, with Ruotolo seconding. The motion passed unanimously, 7-0. The fourteenth item on the agenda was Second Reading of Ordinance 27, Series of 2005 an ordinance repealing Ordinance No. 32, series of 2002 and rescinding a public accommodation tax; providing amendments to the Town's sales tax code. At the Town of Vail regular municipal election held on November 8, 2005, voters did not approve Question 1, resulting in termination, effective January 1, 2006, of collection of the sales and lodging tax increases implemented pursuant to 2002 Question 2D. A future action of the Council will be required to determine a refund methodology of the remaining funds or a question may be submitted to the voters on how such revenues shall be used. Moffet moved to approve with Hitt seconding. Foley stated if a guest has already paid the tax and is upset, the sales tax paid should be returned. Hitt agreed with Foley. The motion passed unanimously, 7-0. The fifteenth item on the agenda was Second Reading of an Ordinance making supplemental appropriations to the town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Conference Center Fund, Health Insurance Fund, and Dispatch Serviced Fund of the 2005 Budget for the town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein. Hitt moved with Moffet seconding a motion to approve the ordinance. The motion passed unanimously, 7-0. The sixteenth item on the agenda was Resolution No. 23, Series of 2005, a resolution repealing and re-enacting Resolution No. 15, Series of 2005, a resolution amending certain sections of the LionsHead Redevelopment Master Plan expanding the boundaries of the Master Plan to include the Evergreen Lodge development site and adding detailed plan recommendations for future development on the Evergreen Lodge development site, as prescribed in Chapter 5 of the Lionshead Redevelopment Master Plan. On December 6, 2005, the Community Development Department presented an application to Council to amend the Official Zoning Map of the Town of Vail to rezone the Evergreen Lodge (Lot 2, Block 1, Vail LionsHead Filing No. 2) from SDD #14 to LionsHead Mixed Use -1 District. Following discussion on the application, Council voted 7-0-0 to approve the amending ordinance (Ordinance No. 30, Series of 2005) on first reading and directed staff to prepare a resolution amending Resolution No. 15, Series of 2005, to include more detailed plan recommendations. Moffet moved to approve with Ruotolo seconding. Gordon asked if the resolution guaranteed the Vail Valley Medical Center access to the Frontage Road. Project Developer T.J. Brink said he would not preclude any such access. Town Engineer Tom Kassmel reported Frontage Road improvements related to the project should "go off without a glitch." Representing the Vail Village Homeowner's Association, Jim Lamont applauded the possibility of a roundabout being included with the project. He also expressed concern over wildlife migration through the parcel specifically related to the stream tract. The motion passed 6-1, Hitt opposed, stating he preferred a Special Development District process. For details, contact George Ruther at 479-2145. 0 Council agreed to discuss Resolution #23 and Ordinance #30 simultaneously. The seventeenth item on the agenda Second Reading of Ordinance No. 30, Series of 2005, an ordinance repealing Ordinance No. 1, Series of 1990, SDD No. 14, Doubletree Hotel (aka Evergreen Lodge) and amending the official zoning map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lot 2, Block 1, Vail LionsHead 2"d Filing, from High -Density Multiple Family (HDMF) district to LionsHead Mixed Use — 1 (LMU-1) district. On September 6, 2005, Council approved Resolution No. 15, Series of 2005, a resolution amending certain sections of the LionsHead Redevelopment Master Plan expanding the boundaries of the master plan to include the Evergreen Lodge development site and adding detailed plan recommendations for future development on the Evergreen Lodge development site, as prescribed in Chapter 5 of the LionsHead Redevelopment Master Plan. However, in approving Resolution No. 15, Council placed a condition upon the approval stating the resolution shall only become effective upon the approval of an amending ordinance rezoning the Evergreen Lodge development site to LionsHead Mixed Use-1 (LMU-1) district. On November 14, 2005, the PEC held a public hearing on the request to rezone the Evergreen Lodge development. Upon consideration of the request, the PEC unanimously approved a motion recommending approval of the rezoning request to Council. On December 6, 2005, Council approved Ordinance No. 30, Series of 2005, on first reading. In doing so, however, Council directed staff to prepare a resolution amending Resolution No. 15 to further clarify the town's development objectives for the site. Moffet moved to approve the ordinance with Foley seconding. The motion passed 6-1, Hitt opposed. The eighteenth item on the agenda was Second Reading Ordinance No. 31, Series 2005, Annual Appropriation Ordinance: Adopting a budget and financial plan and making appropriations to pay the cost, expenses, and liabilities of the Town of Vail, Colorado, Conference Center Fund for the Fiscal Year January 1, 2006 through December 31, 2006. Moffet moved with Logan seconding a motion to approve. The motion passed unanimously, 7-0. The nineteenth item on the agenda was the Town Manager's Report. There was no report. The twentieth item on the agenda was Adjournment. Moffet moved with Gordon seconding a motion to adjourn at approximately 8:45 p.m. The motion passed unanimously, 7-0. Respectfully Submitted, Rodney E. Slifer, Mayor 0 ATTEST: 4 Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. • • O�OF . SEAL ��oioaP�