HomeMy WebLinkAbout2004-07-20 Town Council Minutesti
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VAIL TOWN COUNCIL
EVENING SESSION
TUESDAY, JULY 20, 2004
6:00 P.M.
TOV COUNCIL CHAMBERS
The regular meeting of the Vail Town Council convened at approximately 6:00 p.m.
on Tuesday, July 20, 2004.
Council Members Present: Kent Logan, Rod Slifer, Dick Cleveland, Kim Ruotolo,
Diana Donovan, Greg Moffet
Council Members Not Present: Farrow Hitt
Staff Members Present: Stan Zemler, Town Manager (Arrived at approx. 7:30 P.M.)
Pam Brandmeyer, Assistant Town Manager
Matt Mire, Town Attorney
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The first item on the agenda was Citizen Participation:
➢ Stephen Connelly, representing the Valley -Wide Ice Users Alliance (VWIUA),
asked the Council to consider supporting the installation of the Vail Ice Dome in a
location other than Vail, if the opportunity arose. Connelly then recommended
that the Dobson Arena lease agreement be modified so as to free up funds to be
used for operation of the Ice Dome. Connelly continued by stating that the
VW IUA would request operating funds from Eagle County for operation of the Ice
Dome and requested that smoke mitigation in Dobson Area be performed.
Assistant Town Manager Pam Brandmeyer asked that VW IUA provide a formal
request to the Town Council at its Aug. 3 meeting.
➢ Sherry Dorward, representing the Betty Ford Alpine Gardens, invited the Town
Council and the public to attend a fundraising dinner on Aug. 21. She also
announced the Gardens had recently hired Jim Brandmeyer, an experienced
fund raiser as its new executive director.
The second item on the agenda was Proclamation 3, Series 2004. Proclamation 3,
Series 2004, was read in recognition of Polly Letofsky and her "walk around the world" to
raise awareness of breast cancer. It was then announced that on July 30, anyone
interested in joining Letofsky on the final leg of her journey, can meet her at the East Vail
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Campground at 2:30 p.m. as she completes her 14,000 mile walk. A reception will follow
at 3:30 p.m. at Billy's Island Grill in LionsHead.
The third item on the agenda was the appointment of an Art in Public Places (AIPP)
board position. Council interviewed in the afternoon and, at the evening meeting,
appointed Kay Cherry to an Art in Public Places (AIPP) board position. Cherry will be
filling a position vacated by Millie Aldrich. Tom Gorman had originally applied for the
position as well; however, he withdrew his name prior to the interview.
The fourth item on the agenda was the appointment of a Design Review Board (DRB)
Position. Council interviewed five candidates to fill a Design Review Board Position
(DRB) being vacated by Scott Proper. The candidates were Charles Baker, Betsy
Bradley, Kay Cherry, Peter Dunning and Kathy Langenwalter. Councilman Dick
Cleveland recused himself from the interview and voting process, as his spouse
(Langenwalter) had applied for the appointment. Council was unable to obtain a majority
vote on the appointment. Subsequently, a motion was passed to table the appointment
until the Aug. 3 meeting. Ruotolo moved, Moffet seconded. Motion passed 5-0 .
The fifth item on the agenda was the consent agenda. Minutes were approved from
06.01.04, 06.15.04, and 07.06.04 Town Council Meetings. Donovan inquired about item
6 on the 06.15.04 minutes questioning if the adopted noxious weed control plan was
specifically applicable to the Vail Valley. Town Attorney, Matt Mire, stated that the state
plan had been modified to specifically include only those plants common to the localized
area. Ruotolo stated that in the town managers report, the dates for the community
picnics were not accurate. Assistant Town Manger, Pam Brandmeyer, stated that at the
• time of the 06.15.04 meeting the dates were accurate, however, had been recently
altered. Donovan then requested that an addition be made to item 9 in the 07.06.04
minutes, specifically regarding the addition of mitigation discussion regarding three keys
and the Crossroads sidewalk. Moffet moved, Ruotolo seconded. Motion passed
unanimously, 6-0.
The sixth item on the agenda was the Chamonix Property Master Site Planning. Project
Facilitator, Suzanne Silverthorn, received approval of a request to authorize the Town
Manager to enter into a contract with the Davis Partnership / Michael Hazard &
Associates, Edwards, Colorado, for an amount not to exceed $50,000 to facilitate
preparation of a master land use plan for the Chamonix property at 2310 Chamonix
Road. The Chamonix property planning team will now help facilitate a process that will
include a series of neighborhood meetings and Town Council discussions to
accommodate previous decisions to site a fire station on the property and to identify and
evaluate additional uses that will maximize community benefit while complementing the
surrounding neighborhood. Moffat moved, Logan seconded. Motion passed
unanimously, 6-0.
The seventh item on the agenda was a Conference Center Update. Community
Development Director Russell Forrest announced that potential design teams for the Vail
conference center had been narrowed to four. Interviews will be taking place on July 23,
followed by an open house. The public is invited to attend. Slifer thanked the town's
owner's representative, ARC, for helping to narrow the list of architectural firms who had
responded to an earlier request for qualifications.
The eighth item on the agenda was the Renovation of Pirate Ship Park. Council
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approved a construction contract between the Town of Vail and J.L. Viele Construction,
Inc. for the Pirate Ship Park renovation project. Council also approved a total budget of
$331,800 for the project, which will include a complete rebuild of the pirate ship as
designed by local artist Ty Gillespie. Construction will begin Sept. 7 and will be
substantially complete this fall. Moffet moved, Ruotolo seconded. Motion passed
unanimously, 6-0.
The ninth item on the agenda was North Frontage Road Recreation Path Connection
and Red Sandstone Parking Improvements. Council approved a contract with Shaw
Construction for $598,662 for construction of the North Frontage Road recreation path.
The project will complete the recreation path from the West Vail roundabout to the Main
Vail roundabout by connecting the Middle Creek housing project's path with the Red
Sandstone pedestrian bridge. Construction is scheduled to begin in August and will
include improvements to the parking lot at Red Sandstone School. Moffet moved,
Ruotolo seconded. Motion passed unanimously, 6-0.
The tenth item on the agenda was a Design Review Board Appeal. Council performed
a site visit, and subsequently overturned a Design Review Board denial of a design
review application pursuant to Section 12-11, Design Review, Vail Town Code, to allow
for a minor alteration (repaint) to an existing residence, located at 2568 Arosa Drive/Lot
4, Block C, Vail Das Schone Filing No. 1. Logan asked why the colors weren't
approved. Logan stated that he thought the design review process was arbitrary.
George Ruther stated that a.complaint about the color of the house had been received in
the Community Development Department. Cleveland stated as a neighbor, he did not
believe that the color of the house was offensive. Home owner, Beth Perkins,
• apologized for painting her home prior to staff or DRB approval, and stated she did have
a full and complete understanding of the DRB process. Arosa Drive property owner,
Dennis Scilicy, applauded the color Perkins had painted her home. Moffet moved to
overturn, Logan seconded. Motion passed unanimously 6-0. The motion was amended
to include the stipulation that Ms. Perkins submit a complete and accurate DRB
application.
The eleventh item on the agenda was the first reading of Ordinance No. 18, Series
2004, an Ordinance authorizing retail liquor stores or licensed drug stores in the Town of
Vail to conduct on site alcoholic beverage tastings; and setting forth details in regard
thereto. Pursuant to certain amendments made to Chapter 47 of Title 12 of the Colorado
Revised Statutes, retail liquor store licensees and liquor -licensed drug stores may be
authorized to conduct alcoholic beverage tastings subject to specific limitations set forth
in the aforesaid amendments. Town Attorney, Matt Mire stated that according to the
new law, as well as the Town Charter, the town must adopt an ordinance allowing for
said tastings to occur. Moffet moved, Ruotolo seconded. The motion passed 5-1, with
Donovan opposed. Mire subsequently announced that he will bring forward an
ordinance that would amend the town's existing open container law in the near future.
The twelfth item on the agenda was Ordinance No. 10, Series of 2004, an ordinance
amending Title 12, Zoning Regulations, Vail Town Code, to amend the Gross
Residential Floor Area (GRFA) regulations in the Single -Family Residential (SFR), Two -
Family Residential (R), and Two -Family Primary/Secondary Residential (PS) districts,
and setting forth details in regard thereto, and; Ordinance No. 14, Series of 2004, an
ordinance amending Title 12, Zoning Regulations, Vail Town Code, to amend the Gross
Residential Floor Area (GRFA) regulations in the Hillside Residential (HR), Single -Family
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Residential (SFR), Two -Family Residential (R), Two -Family Primary/Secondary
Residential (PS), Residential Cluster (RC), Low Density Multiple -Family (LDMF),
Medium Density Multiple -Family (MDMF), High Density Multiple -Family (HDMF), and
Housing (H) districts, and setting forth details in regard thereto. Ordinance 10, originally
proposed to address the GRFA question failed. Moffet moved, and Cleveland seconded
the motion to eliminate Ordinance 10. The motion passed with a unanimous vote of 6-0.
Moffet moved and Cleveland seconded the motion to approve Ordinance 14. The
motion passed with a vote of 5-1, with Donovan dissenting. Councilwoman Donovan
expressed concern that the original intent of revising the GRFA formula had not been
met and continued by stating that Council had caved to the pressure of friends,
neighbors and special interests. Ordinance No. 14 increases the percentage amounts in
allowable GRFA calculations, clarifies which architectural features count as GRFA and
repeals the "250 addition" and "interior conversion" GRFA bonuses that were in effect in
the SFR, R and PS zone districts. Additionally, Ordinance 14 increases residential
parking requirements. Several citizens voiced opinion on the aforementioned actions.
Ron Byrne stated that he had not spoken with anyone in town who didn't support GRFA
modifications. Byrne continued by stating the town council needs to support such
modifications in order to keep Vail competitive with market demand. Eric Shirley also
voiced concern that as elected officials, the Town Council was not properly representing
the will of the people. Shirley continued by noting that no one has spoken out against
the proposed GRFA modifications in a public forum. John Ellison reiterated by stating
the residents of Vail wanted the GRFA passed. Dan Nielsson also encouraged Council
to pass the GRFA Ordinance. Jim Lamont, Vail Homeowner's Association, urged
Council to make the GRFA modifications, while maintaining the use of the 250 addition,
and interior conversions. Lamont continued by stating that up to this point, in the town's
ishistory, Vail's zoning has been inclusionary as opposed to exclusionary. John Schofield
applauded council's continued efforts regarding the reformulation of GRFA and their
decision to return to an ordinance version more closely resembling the original Planning
and Environmental Commission recommendation. Earlier during the GFRA discussion,
a motion made by Moffet and seconded by Logan, failed by a 3-3 vote. Slifer, Logan and
Moffet voted for the motion with Donovan, Ruotolo and Cleveland dissenting. The
motion would have altered Ordinace 14, in that below grade deductions could have been
used on multiple levels.
The thirteenth item on the agenda was the Second Reading of Ordinance 12, Series
2004, an ordinance amending Title 6, Chapter 3, of the Municipal Code of the Town of
Vail; providing for certain housekeeping amendments to the Town of Vail Police
Regulations; and setting forth details in regards thereto. After consultation with the
Town Prosecutor, several housekeeping amendments were proposed to bring the
Town's Police Regulations up to date and in further compliance with State Statute.
Cleveland moved, Moffet seconded. Motion passed unanimously, 6-0.
The fourteenth item on the agenda was the Second reading of Ordinance No. 15,
Series of 2004, an ordinance amending Ordinance No. 12, Series of 1997, removing a
condition of approval that prohibits the operation of restaurants within the special
development district, and setting forth details in regard thereto. Moffet moved,
Cleveland seconded. Motion passed unanimously, 6-0.
The fifteenth item on the agenda was the Second reading of Ordinance No. 16, Series
of 2004, an ordinance repealing Ordinance No. 21, Series of 2001, and adopting an
amended approved development plan for Special Development District No. 6, Vail
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Village Inn, Phase IV, to allow for the construction of the Vail Plaza Hotel. Cleveland
moved, Moffet seconded. Motion passed 5-1, with Slifer dissenting.
The sixteenth item on the agenda was the Town Managers Report.
➢ Dobson Arena Smoke Mitigation Update
Town Manager, Stan Zemler explained that the scope of the smoke management
system at the Dobson Ice Arena has changed, since Odell Architects made it known in
April that potential project costs may exceed $500k. After this revelation, the Chief
Building Official and Fire Marshal conducted code research and determined adding
additional exits on the north side of the facility would allow for an increase in occupant
load. Staff has since proceeded to obtain further code engineering and structural
engineering analysis to determine the feasibility of a north exit door scenario. This
change in the project will result in considerable savings. Roughly estimated project
costs could be closer to $150,000, and there would be little lost ice time over the
summer, during construction. Completion is expected by November 2004. A new
proposal has been submitted to the DRB and town staff is expecting approval. The new
submittal will increase capacity to close to 3000 persons. The new design increases the
center isles in the bleachers from 44" to 72", replaces sprinkler heads to reduce the
hazard of the wood roof, and recommends the installation of two pairs of three foot doors
and stairs on the north outside wall. This project is currently unbudgeted. Once
contractor pricing is obtained, staff will ask for the project to be added to the next
supplemental appropriation.
➢ Eagle County Capital Improvement Budget
Dick Cleveland reported that new Eagle County capital project requests and matching
funds requirements will impact past project prioritization efforts, specifically the proposed
West Vail fire station. Cleveland said that Eagle County had received a grant for the
installation of radar at the county -operated airport, which will impact previous
recommendations for capital projects.
The seventeenth item on the agenda was adjournment. At approximately 10:05 p.m.
Moffet moved to adjourn the meeting with Ruotolo seconding. The motion passed
unanimously, 6-0.
Respectfully Submitted,
ATTE
or ei D naldson, Town Clerk
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Rodney E. Slifer, May
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