HomeMy WebLinkAbout2004-08-03 Town Council Minutes•
VAIL TOWN COUNCIL
EVENING SESSION
TUESDAY, AUGUST 3, 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, August 3, 2004.
Council Members Present: Kent Logan, Rod Slifer, Dick Cleveland, Kim Ruotolo, Diana
Donovan, Greg Moffet, Farrow Hitt
Staff Members Present: Stan Zemler, Town Manager
Matt Mire, Town Attorney
The first item on the agenda was Citizen Participation.
➢ Josef Staufer noted his concern about a rumor he'd heard regarding removal
of the berm alongside the parking structure to provide an opportunity for new
• development. Staufer described the history of the parking structure and the
community's willingness to spend extra money to build the berm. Staufer said
the Council should not overturn an original mandate from voters to build the
berm.
➢ Bruce Brown, a district attorney candidate for the 51h Judicial District,
introduced himself and asked for support. Brown lives in Clear Creek County,
one of four counties within the district.
➢ Marty Stewart, a Meadow Drive businessman, invited the Town Council to
attend a Meadow Drive Partnership meeting on Aug. 9 in which the Meadow
Drive streetscape project would be discussed. Stewart also urged the Council
to consider adding snowmelt to the design.
The second item on the agenda was the Vail Ice Dome Follow up, re: Valley Wide Ice Users
Alliance. Stephen Connelly announced that the Valley Wide Ice Users Alliance, representing
35 groups and over 800 participants, had been meeting with the Vail Recreation District
(VRD) to solidify a successful business plan for the set up, tear down and operation of the
Vail Ice Dome, which will be kept in storage next season unless a viable operational plan is
developed. Connelly asked for more time to formalize a recommendation to the Town
Council, which will be presented in September. Connelly went on to say that the group
continues to look for volunteers to assist in lowering the set up and tear down costs, as well
as exploring various fund raising opportunities. Connelly asked that interested parties call
him at 476-1346 if they wish to provide monetary assistance or services. Jim Bensen,
Laurie Mullen, Laurie Mullen, Peter Kyle and Christina Wyatt spoke in favor of continuing Ice
Dome operation, citing; programming convenience, local skating sports participant
competitiveness and increased Vail commuter visits as reasoning. Council members
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suggested that when Connelly returns with a proposal, the package should include an
endorsement from the Vail Recreation District.
The third item on the agenda was a Design Review Board (DRB) Appointment. The Council
voted 6-0 to appoint Peter Dunning to an opening on the Design Review Board, a position
vacated by the resignation of Scott Proper. Councilman Dick Cleveland had abstained from
the vote because his wife, Kathy Langenwalter, was one of four applicants who applied.
Moffet moved and Ruotolo seconded to appoint Dunning.
The fourth item on the agenda was the presentation of the 2003 Audit Report by McMahan
& Associates. In presenting the town's 2003 audit report, Michael Jenkins of McMahan &
Associates reported the town had a "clean audit" and was in a good financial position at the
end of fiscal year 2003. In addition, he said the general fund reserve balances were healthy
and were well within the Colorado Municipal League and Government Finance Officers
Association recommendations. Jenkins also thanked the town staff for its assistance.
The fifth item on the agenda was the Conference Center Update and Committee
Recommendation on Design Team. The Council voted 7-0 to approve the unanimous
recommendation of the Conference Center Committee to hire Fentress Bradburn Architects
to design the Vail Conference Center. The Denver -based firm was one of 11 candidates to
be considered for the job. Past projects designed by Fentress Bradburn include the
passenger terminal for Denver International Airport; the Colorado Convention Center and
expansion in Denver; Clark County Government Center in Las Vegas; National Museum of
Wildlife Art in Jackson, Wyo., and the Pasadena Conference Center in Pasadena, Calif.
• During a presentation to the Town Council, Curt Fentress described the firm's attention to
detail, noting visits to over 30 conference centers across the country. During the public
comment session, Jim Lamont of the Vail Village Homeowners Association expressed
support for the selection and urged the Council to involve the public at every stage during the
design process. Moffet moved with Hitt seconding to approve the recommendation.
The sixth item on the agenda was the First Reading of Ordinance No. 17, Series 2004, re:
Glen Lyon Special Development District. The Council voted 7-0 to approve Ordinance 17,
Series 2004 on first reading, with one condition: prior to the Town Council's second reading
of the ordinance which amends Special Development District #4, Cascade Village, the
applicant shall submit written documentation to the Community Development Department
demonstrating written consent by the owners of 75% of the surface area of the privately -
owned land included within the boundaries of Glen Lyon. Approval of the ordinance would
enable Vail Resorts to apply for a conditional use permit to allow for a new snow cat access
route onto Vail Mountain. Jay Peterson, Vail Resorts Inc., stated that because of an
oversight, no zoning is presently assigned to the track, and that Westin Ho, a ski run, is also
on the track. Greg Goldberg, representing three Glen Lyon Sub -Division homeowners,
stated that the town council has an obligation to fulfill and protect existing covenants on the
track, and that skiing on the track does not violate the track's "low level usage" designation.
Goldberg also asked that Vail Resorts and the Town consider alternative snow cat routes.
Peter and Lucy Dunning, as well as Robert and Alexandra Linn provided letters of protest to
the council, so as to be entered as public record. Bob Rosen cited a decrease in property
values and increased noise as reasons not to continue with the present snow cat track. Sally
Jakow, spoke as a representative for Robert and Alexandra Linn. Jakow inquired as to why
the town would move forward so cavalierly, intentionally showing no regard for existing
covenants. Jim Lamont, Vail Village Homeowner's, spoke in favor of approving the
Ordinance and encouraged expediency in the process. Cleveland moved and Moffet
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seconded the motion. Jay Peterson later stated that if neighborhood interference continued
with progress, Westin Ho ski run would no longer be maintained (snow making or groomed),
the trail would be taken off Vail Mountain Ski Maps and the run would subsequently be
marked out of bounds.
The seventh item on the agenda was the first reading of Ordinance 19, Series 2004. The
Council voted 6-1 (Donovan against) to approve first reading of Ordinance 19, Series 2004,
an ordinance that allows an establishment possessing a valid Hotel and Restaurant liquor
license to permit a customer of the hotel or restaurant to reseal and remove from the
licensed premises one opened container of partially consumed vinous liquor purchased on
the premises so long as the original container did not contain more than 750 milliliters. The
modifications were needed to accommodate a new liquor tastings law approved by the state
legislature. Moffet moved and Cleveland seconded the motion. Donovan stated that she
believed a liberalization of current liquor laws would only contribute to problems enforcing
existing ordinances, prior to casting her dissenting vote.
The eighth item on the agenda was a Liquor Tasting Ordinance. The Council voted 6-1
(Donovan against) to approve second reading of Ordinance 18, Series 2004, an ordinance
authorizing retail liquor stores or liquor -licensed drug stores in the Town of Vail to conduct on
site alcoholic beverage tastings. This ordinance also accommodates a new liquor tastings
law approved by the state legislature. Donovan stated that she believed a liberalization of
current liquor laws would only contribute to problems enforcing existing ordinances, prior to
casting her dissenting vote. Moffet moved and Ruotolo seconded approving the ordinance.
A second vote was taken related to a staff recommendation to charge a $50 administrative
• fee to liquor stores or liquor -licensed drug stores filing with the Town Clerk, to hold the
aforementioned tastings. Kay Ferry, Vail Convention & Business Association announced that
the Town of Avon had recently passed a similar ordinance without assessing such a fee.
Cleveland moved, with Moffet seconding, to not charge such a fee. The motion passed 6-1,
with Donovan dissenting. Staff was subsequently directed to make the Town Clerk aware
that no such fee be charged.
The ninth item on the agenda was Resolution No. 17, Series 2004. The Council voted 7-0 to
approve a resolution authorizing the execution and delivery of the Lionshead reinvestment
agreement, to be made otherwise between the Vail Corporation, D/B/A Vail Associates, Inc.,
and the Vail Reinvestment authority in furtherance of permitting the acquisition by the Vail
Reinvestment Authority of certain properties in the Lionshead area of the Town by power of
eminent domain. The resolution clears the way for the removal of covenants that impede the
redevelopment of LionsHead. Moffet moved and Ruotolo seconded the motion to approve
the resolution.
The tenth item on the agenda was Resolution No. 18, Series of 2004. The Council voted 6-1
(Donovan against) to approve a resolution amending certain sections of the Lionshead
Redevelopment Master Plan clarifying and affording all types of development projects, new
or redevelopment, flexibility in the application of the Architectural Design Guidelines, as
prescribed in Chapter 8 of the Lionshead Redevelopment Master Plan. The resolution was
drafted at the request of the Community Development Department with the recommendation
of the Planning and Environmental Commission (PEC) in anticipation of the upcoming review
of a large volume of projects in LionsHead. Donovan noted a lack of clarity in what flexibility
would actually be afforded to applicants, prior to casting her dissenting vote. Mayor Slifer
noted the success of the joint Council, PEC and DRB meeting earlier in the day and
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encouraged their increased frequency. Moffet moved and Logan seconded the motion to
approve the resolution.
The eleventh item on the agenda was the Town Manager's Report.
➢ In his Town Manager's report, Stan Zemler noted the Vail Recreation District
(VRD) has unanimously approved a cost -share of VRD-related corrections for
ADA mitigation of up to $75,000, if the town agrees to an additional $75,000 in
repairs. Although the overall estimate for ADA mitigation is estimated at $300,000,
the VRD board will be going to the voters in November'04 to ask for financing of a
new clubhouse, which if passed, would eliminate the additional $150,000 in
mitigation due to costly improvements to the current clubhouse (elevator
installation, bathroom improvements, etc.). Staff from both entities has reviewed
the estimate for repairs, according to Zemler, and both groups agree a 50-50 cost
share makes the most sense and would be equitable from both perspectives. The
Department of Justice (DOJ) has agreed to a three year timetable for the repairs
(with further extensions should the need arise). In his prepared memo, Zemler
acknowledged some responsibility for the condition of assorted recreational
facilities prior to passage of the legislation in 1992, and thus, requested Council
approve up to $75,000 for the mitigation. Zemler requested the dollars be
budgeted equally (and approved annually) over the next three years at $25,000
per year, allowing for some flexibility in allocation of those dollars, e.g., one
project may exceed the combined $50,000 annual contributions from both the
town and VRD and may therefore exceed the town's $25,000 contribution one
year, while remaining smaller to offset that expenditure the following year. Council
unanimously approved of the proposal.
➢ Zemler also announced that the Vail Junior Hockey Association would be using
Dobson Ice Area the first three weekends in November.
The twelfth item on the agenda was adjournment. The meeting adjourned at approximately
9:25 P.M. Moffet moved, Cleveland Seconded. The motion passed unanimously, 7-0.
Respectfully Submitted,
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