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HomeMy WebLinkAbout2004-07-20 Town Council Minutesti • 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 • 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 0 7 • 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 0 .41 7 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 0 • 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 0 • • U 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 i Rodney E. Slifer, May /-'