HomeMy WebLinkAbout2004-09-21 Town Council Minutes•
Vail Town Council Evening Meeting Minutes
is Tuesday, September 21, 2004
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at 6:00 P.M. by
Mayor Rod Slifer.
Members present: Rod Slifer, Mayor
Dick Cleveland, Mayor Pro-Tem
Diana Donovan
Farrow Hitt
Kent Logan
Kim Ruotolo
Greg Moffet
Staff members: Stan Zemler, Town Manager
Pam Brandmeyer, Assistant Town Manager
Matt Mire, Town Attorney
The first item on the agenda was Citizen Participation. There was no citizen input.
The second item on the agenda was a Streetscape/East Meadow Drive/Core Site
Update. Public Works Director Greg Hall provided a report on the status of present
streetscape improvement operations. Hall reported East Meadow Drive was reopened
prior to Oktoberfest as was originally scheduled. Hall continued that Hanson Ranch
Road has been reopened, while Bridge Street paver installation work continues,
although the weather may become a problem. Water feature development on Wall Street
continues, and the restrooms are close to being opened. Paver work will begin on Earl
Eaton Plaza after Bridge Street is improved. Fountains on Wall Street would be poured
within the next two weeks. In a pause for public comment, Rick Scalpello, representing
East Meadow Drive business owners and operators, thanked and complimented the
town and Eagle River Water and Sanitation (ERW&S) for their sensitivity and
cooperation while performing utility work.
Hall also provided a report; outlining private sector investment and cooperation
surrounding streetscape improvement efforts.
LOWER BRIDGE STREET
Russell's Building -
Slifer Building -
Gorsuch Building -
Covered Bridge Building -
Gasthof Gramshammer-
No impacted area
Check received
No impacted area on Lower Bridge St
Owner (Florescue) does not want to participate,
exiting pavers/ snowmelt to remain in tact
Owners (Gramshammer) do not want to participate
WALL STREET/ EATON PLAZA
Bridge Street Building- Agreement signed / payment plan
Wall Street Building/Lazier- Payment Plan
is Vail Sports Building- Check sent
One Vail Place -
Plaza Lodge Building -
Hill Building -
Based on public access of easement
Agreement signed/ payment plan
Traded for pedestrian easement
Ruotolo asked for the reasons why payments were not received. Hall stated some
owners simply did not want to participate, as well as there were a few legal matters
pertaining to certain properties. Hitt asked if some of those not willing to participate or
pay for streetscape improvements were the owners of Pepi's Restaurant and the
Gasthof Gramshammer. Hall indicated that was correct and the town had spent an
estimated $15,000 to remediate their property. Logan then asked if Florescue had also
failed to be an active financial participant in streetscape improvements. Again, Hall
indicated that was correct.
In summarizing the streetscape projects, Hall said the first year of improvements had
gone very well. Hall concluded his presentation by noting that due to contractual issues,
Lionshead core site improvements might be delayed for the fall. Logan asked that a
letter of thanks be sent to the President of FirstBank of Vail for its gracious contribution
to the utility improvements by allowing traffic to be rerouted through its parking lot.
The third item on the agenda was a Vail Parking Task Force (VPTF) Presentation. The
Council reviewed a recommendation from the Vail Parking Task Force in which the
group recommended no change in parking rates or policies for the 2004-05 winter
season from the 2003-04 winter season. Hall announced during the last year the
parking program had succeeded in limiting parking on the Frontage Road to 14 days.
The announced goal had been 15 days. Parking and Transit Manager Mike Rose
reported no changes were recommended to help eliminate public confusion. Cleveland
further elaborated people have learned and understand the program, and it was time to
leave the parking system alone. Hitt announced as a new member of the task force, he
felt confident in the recommendation, and the town would remain vigilant in improving
and simplifying the town's parking situation. During the public comment period, Michael
Cacioppo questioned potential fines that might be imposed upon parking structure users,
due to unfortunate timing. Rose noted fines are imposed reasonably and are ultimately
determined by enforcement officers. Moffet moved and Cleveland seconded a motion to
maintain the 2003-04 parking rates and policies without change. The motion passed
unanimously, 7-0.
The fourth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail
Town Code, of the Town of Vail Planning and Environmental Commission's (PEC) denial
(non -vote) of conditional use permit application, pursuant to Section 12-7A-3,
Conditional Uses, Vail Town Code, to allow for a business office, located at 100 East
Meadow Drive, Units 16 and 17 (Vail Village Plaza) / Lot O, Block 5D, Vail Village Filing
1. On a 4-2 vote, with Mayor Slifer being statutorily recused, Council upheld a PEC tie
vote, which had resulted in denial of a conditional use application that would have
allowed a real estate office to open on the ground floor of 100 East Meadow Drive.
Moffet moved to uphold the PEC non -vote, with Hitt seconding. Stating it was one of the
toughest votes in their public careers, Cleveland, Donovan, Hitt, and Moffet voted to
uphold the PEC non -vote, in an effort to protect or not hinder, what they believed might
become one of the most thriving areas in Vail. Cleveland expressed concern Council
would have the political will to deny further applications for conditional use as time went
on, and approving the present application, "would fly in the face of what we are trying to
do on Meadow Drive." Hitt stated he believed approval of this item might lead to a flood
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of real estate offices and would be contrary to ongoing redevelopment efforts. While
dissenting, Logan and Ruotolo expressed they believed the square footage of the
frontage requested to be developed into office space would not significantly impact the
potential of the area, and future variances could be controlled. Logan stated Council can
control matters such as this, one by one, and the volume of real estate offices in Vail
Village and Lionshead was not currently a matter of concern. Logan finished his
arguments by stating: "When we get to thirty-four offices I think we have serious
problem." Ruotolo stated she thought a real estate office is a use that could be allowed
in this area. "I think a real estate office provides a nice mix in what we are trying to do in
this area and is not an incompatible use." Many citizens and interested parties spoke in
support of the applicant. Mire also made it known letters and voicemails in support of
the applicant had been received by the town. The applicant John Slevin, Nico Vail, Inc.,
was represented by his father Jim Sleven, former Council member who stated he
believed that a good business operation of any sort, in a good location was positive for
the town and that the volume of revenue his real estate office would generate for the
town would be superior to what a normal "store" would generate. Jay Peterson,
representing the applicant, quoting recent newspaper articles, stressed regulation will
hamper diversity and market conditions should dominate what type of business locates
in a specific area. Peterson continued real estate is a large part of Vail's local economy
and that second homeowners are becoming more and more important. Luc Meyer,
owner of the 100 East Meadow Drive location under discussion, stated he had been
trying to find a tenant for the aforementioned location for six months. Meyer emphasized
that certain retail businesses such as art galleries do not benefit the town as most of the
art sold in Vail is shipped out of state; subsequently no sales tax is collected. Meyer
also emphasized he looks for quality tenants, and an entity that would be a benefit to the
town. Meyer completed his comments by stating he would continue to work on the
aesthetics of the property. David Viele, PEC Member, stated he believed the PEC
failed to implement proper code and succumbed to the impetus to implement public
policy. Speaking as a citizen, Viele commented he did not believe public policy should
"tinker" with economics, and real estate is the economic driver of the Vail economy. Rick
Scalpello, remarked Council could not find justification to deny this request. Michael
Cacioppo suggested the possibility of a compromise, recommending only the second
level of the property be used for office space, leaving the lower level for true retail. Steve
Stafford, Manager for Slifer, Smith & Frampton Management Company, stated real
estate offices are a pseudo retail use and visitors have an interest in what type of
property is available in the resort area they are visiting. Stafford continued he didn't
think approval of this use; sets a precedent, and future usage of the area will remain
subject to Council approval. Dan Telleen, Karats Gallery owner, asked Council to deny
the request, stating he believed real estate office space does not contribute to
pedestrian shopping synergy.
The fifth item on the agenda was Resolution No. 19, Series of 2004, a Resolution of the
Town of Vail adopting the State of Colorado Municipal Records Retention Schedule. Council
voted unanimously, 7-0, to approve a resolution that simplifies the town's methods of
records retention. Town Clerk Lorelei Donaldson stated current methods used to dispose of
records are a cumbersome paper -based procedure, and that adopting the State of Colorado
Model Records Retention Schedule would give town departments a basis upon which to
make records disposition decisions for many different types of records without going to the
State Archivist for approval each time a new record type is created. It also allows for a less
cumbersome records disposal process. Cleveland asked Donaldson if all town departments
had been made aware of the resolution. Donaldson reported each department would
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implement methods most acceptable to its individual needs. Mire qualified Donaldson's
comments by stating the resolution only set minimum standards. During the public comment
period, Michael Cacioppo expressed concern he had not had the opportunity to review the
state legislation. Moffet moved, and Donovan seconded the motion.
The sixth item on the agenda was Resolution No. 20, Series 2004, a Resolution approving
the Gore Creek Place Development Agreement between the Town of Vail and the Vail
Corporation, D/B/A Vail Associates, Inc., which agreement pertains to certain respective
rights and responsibilities of the Town and Vail Associates in relation to the Gore Creek
Place Development Site owned by Vail Associates and Affiliates. Mire recommended a
motion to table the item until the October 5 evening session. Due to a predetermined
statutory conflict, Mayor Slifer recused himself from the item. Moffet moved and Hitt
seconded the motion to table the item. Motion passed unanimously, 6-0.
The seventh item on the agenda was the Town Manager's Report.
➢ Zemler reported the Town of Breckenridge asked to have a joint meeting with
the Vail Town Council. There was a general consensus by the council to
participate in such a meeting, at which time Mayor Slifer directed staff to
investigate an appropriate date for the meeting.
➢ Assistant Town Manager Pam Brandmeyer announced comprehensive Council
contribution information had been distributed to Council earlier in the meeting so
as to allow more time to review the item prior to the October 5 work session.
Zemler asked for clarification on what Council was expected to do in determining
contribution levels. Brandmeyer stated the Council would have the opportunity to
review contribution requests line item by line item. Councilwoman Donovan
reminded Council to take the requests very seriously as the matter is
extraordinarily important in the budget process and at times Council members
may find themselves voting for or against friends and individual interests.
➢ Mayor Slifer asked for and received verification from Council there was a
general consensus the "option three" conference center design plan, presented
earlier in the day, was the preferred direction of Council.
➢ Hitt announced he had received three emails from parties interested in
purchasing the Vail Ice Dome. Brandmeyer reported information -gathering work
was continuing to determine a sales price for the facility.
The eighth item on the agenda was adjournment. The meeting was adjourned at
approximately 8:15 p.m. Moffet moved, Logan seconded. The motion passed
unanimously, 7-0.
Respectfully Submitted,
Rodney E. Slifer, Mayor
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ATTEST:
Lorelei Donaldson, Town Clerk