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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 2 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 11 11 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 4 u • 0 ATTEST: Lorelei Donaldson, Town Clerk