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HomeMy WebLinkAbout2004-11-16 Town Council Minutes• Vail Town Council Evening Meeting Minutes Tuesday, November 16, 2004 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor-Pro-Tem Dick Cleveland. Members present: Dick Cleveland, Mayor Pro -Tern Diana Donovan, Farrow Hitt, Kent Logan Greg Moffet Kim Ruotolo, Rod Slifer, Mayor (arrived at 6:30 p.m.) Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Asst. Town Manager The first item on the agenda was Citizen Participation. • Joel Heath, Vail home and business owner, asked Council to explore affordable small business incubator locations. Heath qualified his statement by articulating the town needs to bring year-round businesses back to Vail and to make the town a place where up-and-coming businesses would want to locate. Moffet announced he would like the town to wish Michelle Cahill good health and well being as she had been recently injured in a snow blower accident. The second item on the agenda was a Village Streetscape Update. Public Works Director Greg Hall stated he would be providing the last streetscape update for the year as construction would be completed by the end of the week. Hall then thanked project coordinators Scott Bluhm and Todd Oppenheimer as well as East Meadow Drive coordinator Jim Boyd, with the Eagle River Water and Sanitation District (ERW&SD), on their successful efforts and hard work. Logan then thanked town staff and reinforced his previous statement that construction occurred with a minimum of disruptions, enhancing the town's credibility to be able to complete Vail's redevelopment efforts. Representing East Meadow Drive property and business owners, Rick Scalpello expressed gratitude to the streetscape contractors, ERW&SD and town staff for a job well done. Scalpello then asked Council to become more involved in the upcoming streetscape design so as not to hinder progress, as he believed occurred in the past. To facilitate this, Scalpello recommended the expansion and scope of the Streetscape Design Committee or a new committee be created. The third item on the agenda was a Conference Center Update. Community Development Director Russell Forrest stated staff would like more time to review public r • input received to date on the three architectural design concepts for Vail's new conference center as well as proposed next steps. Forrest continued by stating staff anticipates forwarding a recommendation from the Conference Center Oversight Committee on the architectural direction, adoption of a master plan for the conference center/Lionshead Parking structure area, and governance of the facility at the Council's Dec. 7 meeting. More specifically, Forrest reported staff was taking additional time to review traffic flow and eventually the master plan for the site. Logan inquired as to when a maximum guaranteed price would be received for the proposed facility. Forrest answered the town would know by February 2005, and staff remained aware of rising interest rates and sales tax revenues as they would ultimately impact the funds available for project start-up. The fourth item on the agenda was a Chamonix Property Master Plan Update and a request to proceed through the Town of Vail development review process for the Town - owned Parcel located at 2310 Chamonix Road/Tract D, Vail Das Schone Filing 1. The Council voted 7-0 to direct staff to go through the town's development review process to adopt a land use plan for the town -owned Chamonix property. In so doing, the Council also asked to reserve the option to issue an RFP (request for proposal) for potential development on the property. Moffet moved and Logan seconded the motion. Public Information Officer and Project Coordinator, Suzanne Silverthorn announced the immediate next step is to develop a timetable for review of the proposed land use plan by the Planning and Environmental Commission (PEC). During an overview, Silverthorn noted in July 2004, the Council authorized the Town Manager to hire the planning team of Davis Partnership/Michael Hazard Associates to facilitate a master land use plan for • the property. The town initiated the planning process to determine how best to accommodate a future fire station on the 3.6 acre parcel, as well as other compatible uses. She said the work has included preparation of seven site plan options for a future fire station on the property, which has since been narrowed to two options following a series of neighborhood and Town Council discussions. In addition, she said a recommended Land Use Plan defining four main areas was created showing location of a fire station on the southernmost portion of the property, a development zone in the middle of the parcel, an open space zone to the north which would buffer the development area from the existing neighborhood, and recreation areas located on the east and west sides of the property to accommodate neighborhood uses. Scott Nevin with Hazard & Associates provided a brief overview of the planning process. Hank Saipe asked if an RFP would be issued for any potential commercial development. Neighborhood representative, Bob Armour, stated medium density multi -family zoning appeared most appropriate for the tract with housing units being occupied by people who live and work in Vail. He continued by communicating the neighborhood is not interested in mixed use and a retail demand study would be warranted. Hitt stated high density usage of the lot would be unacceptable. Ruotolo thanked those who attended the neighborhood meetings. Jim Lamont, Vail Village Homeowner's Association, articulated town sub -centers are important to the vitality to the community, also stating he would be concerned if Council moved too quickly with the master planning process. The fifth time on the agenda was an Appeal, pursuant to Section 12-3-3, Vail Town Code, of the Town of Vail PEC's approval of a conditional use permit application, pursuant to Section 12-76-413, Conditional Uses, Vail Town Code, to allow for an outdoor dining deck, located at the VistaBahn Building, 333 Hanson Ranch Road/Lot C, Block 2, Vail Village 1st Filing. The Council voted 6-1 (Slifer opposed, Logan attempted to abstain but pursuant to town charter a vote in the affirmative was cast) to uphold a C7 PEC and Design Review Board (DRB) decision to approve a conditional use permit to allow for an outdoor dining deck at the VistaBahn Building. Moffet moved and Ruotolo seconded the motion. Slifer dissented as he believed the deck would add to what be believed was a noise problem. Logan stated he was disappointed in both parties as they could not settle the dispute by themselves. Council did modify the approval, designating mandatory maximum hours of operation for the deck. The deck is only to be used from 9:00 a.m. to 9:00 p.m. Representing the applicant, Bridge Street Lodge Condominiums Homeowner Association, Paul Frank stated noise and vibration coming from the adjacent VistaBahn building was unacceptable. Frank continued that although the appeal concerned a conditional use variance regarding a deck, the deck would subsequently add to the aforementioned noise and vibration. Frank asked Council to consider three options: approve the application as it is was provided to the PEC and DRB and add to the already existing problem; add conditions to the approval referencing timing issues and additional buffering; or refer to an alleged view easement violation involving the Christiana. Acting as a witness for the appellant, Jim Lamont stated the buildings are not being used for their original purpose, ultimately leading to noise issues, and he encouraged Council to revise the town noise code. Bridge Street Condominium owners, Rob and Pete Bissegger, asked Council to reverse the PEC decision as noise coming from the VistaBahn building disrupts the enjoyment of their units and an outside deck next door would only proliferate the problem. Rick Mueller, VistaBahn Building owner, stated he was not aware of any problems with adjacent property owners, and the owner of the Tap Room and Sanctuary, Steve Kaufman, had taken measures to lower the level of noise being produced in those establishments. Kaufman reiterated Mueller's comments and continued the Tap Room and Sanctuary added to Vail's economic and • social vitality. Mueller, Kaufman, and advisor Terrill Knight emphasized the issue at hand was the approval of a deck, as opposed to a noise grievance. Ron Riley, owner of Los Amigos, spoke in support of Kaufman. Paul and Sally Johnston, owners of Christiania Lodge, spoke in support of the Bridge Street Homeowner's Association. The sixth item on the agenda was the first reading of Ordinance No. # 30, Series of 2004, the Town of Vail amending Title 3, Chapter 6, of the Vail Town Code regarding the CSE. The Council voted 7-0 to unanimously approve first reading of an ordinance amending establishment of the Vail Commission on Special Events (CSE) as it pertains to appointments and qualifications. Moffet moved and Cleveland seconded the motion. Assistant Town Manager Pam Brandmeyer explained the CSE had required three members of the five -member board represent specific areas of the business community, with the additional two appointed at -large. In addition, the current ordinance contained a self imposed conflict of interest provision which was not imposed on other town boards and is unique to the CSE. Brandmeyer continued by stating in the past several months, various voting members have had to resign due to conflicts of interest. Brandmeyer noted by expanding the board from five to seven members, deleting the self imposed conflict of interest provision, and having all members appointed at -large, as proposed in the amended ordinance, the Council would be able to attract members of the community who have expertise in special events and would allow the board to function like other Town of Vail boards. Rick Scalpello, a former CSE member, stated he believed the CSE should be held to a higher standard than other town boards as the CSE provides funding. Subsequently, he asked and received support from Council to include a provision in the ordinance requiring a vote of four or more members for approval. Donovan and Cleveland noted Sybill Navas' role as the town -employed special events coordinator has greatly improved the effectiveness of the board. The Council also • -3- • agreed extra effort should be made to make the CSE coordinator the sole contact for special event requests. The seventh item on the agenda was the second reading of Ordinance No. #24, Series of 2004, an ordinance establishing Special Development District No. 38, Manor Vail Lodge. The Council unanimously approved, 7-0, an applicant request to table second reading of the Manor Vail Special Development District until Dec. 7 to facilitate the development of an incentive program for the proposed new condominium units to be included in the town's "hot bed" rental pool. Moffet moved with Ruotolo seconding the motion. The eighth item on the agenda was the second reading of Ordinance No. #26, Series of 2004, an ordinance amending Section 12-71-1-3, Permitted and Conditional Uses, First Floor or Street Level, adding "temporary business offices" as a conditional use in the Lionshead Mixed Use 1 zone. The Council voted 7-0 to unanimously pass second reading of an amended version of the ordinance in an effort to facilitate the continued operation of displaced businesses caused by the LionsHead redevelopment. Moffet moved and Hitt seconded the motion. Language was added to the ordinance to prevent displaced offices from displacing retail businesses. Representing Vail Resorts Inc. (VRI), Jay Peterson, stated VRI was considering the previous Verbatim space in Lionshead. The ninth item on the agenda was the first reading of Ordinance No. #27, Series 2004, an Ordinance making supplemental appropriations to the 2004 Budget, Supplemental • Appropriation No. #3. The Council unanimously approved first reading of this ordinance making one amendment to what was originally proposed. Moffet moved with Logan seconding the motion. Council requested a $65,000 Multi -Use Recreational Facility project expense be funded from the General Fund as opposed to the Real Estate Transfer Tax (RETT) Fund. The tenth item on the agenda was the first Reading of Mill Levy Certification, Ordinance No. #28, Series 2004. Council unanimously approved first reading of an ordinance to set the town's mill levy at 4.70780. Finance Director, Judy Camp, began by stating mill levy assessments must be certified to the county for collection annually; this ordinance authorizes certification. She noted revenues were not actual, only an estimate, as Eagle County had not yet provided final assessments. Greg Moffet asked if revenue collected from property tax would be more or less than the previous year. Camp answered property tax assessments were lower, particularly for some commercial properties involved with redevelopment, subsequently leading to less revenue. Council members noted the town's property tax represents just five percent of the overall municipal budget. The eleventh item on the agenda was the second reading of Ordinance No. #25, series of 2004 Budget Ordinance. Council unanimously approved second reading of the Fiscal Year 2005 budget ordinance as recommended by the Town Manager. Moffet moved with Logan seconding the motion. The following summarizes the town's proposed 2005 expenditures: General Fund $22,774,746 Capital Projects Fund $10,914,654 Real Estate Transfer Tax Fund $ 5,800,407 Conference Center Fund $ 871,820 • -4- • Vail Marketing Fund $ 295,400 Debt Service Fund $ 2,317,799 Heavy Equipment Fund $ 162,971 Health Insurance Fund $ 2,082,500 Dispatch Services Fund $ 1,692,691 Total Before Interfund Transfers $48,912,988 Less Interfund Charges and Transfers $ 7,462,821 Net Expenditure Budget $41,450,167 Diana Donovan noted the annual budget is one of the most important functions Council oversees and it was disappointing only two persons other than town staff were present for the public hearing. She then inquired as to the status of planning regarding the construction, maintenance and operating costs of the proposed West Vail Fire Station. Zemler answered research continued. In response to a question earlier in the day, Zemler stated he would explore the decision -making process for release of project funding by the 911 Authority. The twelfth item on the agenda was the Town Manager's Report Request for Donovan Pavilion donation. Brandmeyer explained the local non-profit Youth Foundation had requested donation of one day of free use as a potential auction item for a fundraiser. Brandmeyer noted it was the Donovan Pavilion subcommittee's recommendation to deny isthe request. With over 70 not -for -profits in the county, approving the request would set a risky precedent that could seriously erode the bookings of the facility, she said. Brandmeyer then forwarded a suggestion she had received of a potential lottery for a free day of use of the Pavilion to be drawn from among the 70-plus non -profits. Cleveland stated Council utilizes a process to evaluate contributions and the matter should be considered against the criteria. On another matter, Cleveland thanked Zemler and his staff for the diligent work, easily understandable budget presentations and ultimately successful budgetary decisions. The thirteenth item on the agenda was adjournment. The meeting was adjourned at approximately 9:00 p.m. Respectfully Submitted, Z21_ _/ Rodney E. Slifer, Mayor ATTEST: 0 -5- • • • i F Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. SEAL -6- ." A