HomeMy WebLinkAbout2004-12-07 Town Council MinutesVail Town Council Evening Meeting Minutes
Tuesday, December 7, 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 Rod Slifer.
Members present: Rod Slifer, Mayor
Dick Cleveland, Mayor Pro-Tem
Diana Donovan,
Farrow Hitt,
Kent Logan
Greg Moffet
Kim Ruotolo,
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Asst. Town Manager
The first item on the agenda was citizen Input. Michael Cacioppo announced he would
be leaving the Vail Valley for the winter and moving to Playa del Carmen, Mexico, to
begin a new internet travel company.
Mark Gordon, Vail resident, thanked all involved with the Middle Creek affordable
housing project as he thought their efforts were worthwhile. Gordon stated comments
he has gathered around the community have been positive and the building itself is proof
the town cares about its citizens.
The second item on the agenda was an Eagle County Schools Update. John Brendza,
Superintendent of Eagle County School District RE50J, reported the district is currently
re -doing its marketing efforts, and as a part of that undertaking, is reaching out to all the
municipalities and quasi -governmental organizations to "open the doors to
communication." Brendza stated the district has many initiatives underway and it wants
to be an active partner in the community. Cleveland inquired as to if the district was
undergoing a new bond initiative. Brendza responded the district was focusing on the
effective use of existing facilities and no bond initiatives were planned at this time.
Moffet thanked Brendza for the district's participation in the recently undertaken
Gymnastics Center next to Red Sandstone Elementary School in Vail.
The third item on the agenda was a presentation and request for funds from the Vail
Recreation District. Following a presentation by representatives from the Vail
Recreation District earlier in the afternoon, the Council tentatively agreed to evaluate a
request for making repairs to the Ford Park clay tennis courts. Nino Licciardi and Peter
Cook, VRD Board Members, had provided a recent financial analysis of the District's
revenues and expenditures. They stated the District would require the use of tax
anticipation bonds to operate through March in the 2005 fiscal year. Licciardi and Cook
also stated the VRD does not maintain a capital reserve budget or capital reserve funds.
The VRD Board Members also retracted a request for the town's financial assistance
(50%) in providing a free outdoor ice rink at the Vail Golf Club driving range. VRD
requested Real Estate Transfer Tax funds be used for capital repairs on the tennis
courts, per the TOV/VRD lease of 12/21/93. It was reported the courts require
substructure (irrigation) and fencing repairs be made for an estimated total cost of
$60,000, as the south side foundations are beginning to give way. Zemler asked if a
Council consensus existed regarding the repair of the courts. Council gave direction to
pursue another evaluation of the courts, and if capital maintenance was required, new
estimates and bids be received under the town's supervision. Moffet stated he believed
the town was obligated to make the repairs if they were structural. Ruotolo suggested
asking the town engineer to verify the nature of the problems. Donovan said she was
not comfortable granting approval until town staff confirmed the problem. Slifer and Hitt
thanked the VRD for creating a primitive outdoor ice rink at the golf course.
The fourth item on the agenda was a presentation on the Architectural Direction on the
Vail Conference Center. Council voted 6-1, (Donovan opposed) to approve the
Conference Center Advisory Committee (CCAC) recommendation to accept the
"Architectural Vision Inspired by Nature" as the concept to be pursued in design of the
Conference Center. Moffet moved and Logan seconded the motion. Donovan voted
against the motion, stating she believed it was an "orchestrated outcome." Community
Development Director Russell Forrest reported after reviewing the public input and the
associated costs with each of three proposed designs, the recommended option would
create an outstanding architectural structure. The materials as envisioned by the design
team (Fentress Bradburn) would utilize "mountain materials" such as heavy stone and
timbers. Forrest further elaborated when people come to Vail they expect quality and
want to know they are in Vail. "This design makes that connection to the surrounding
environment." Project architect Kurt Fentress also recommended selection of the organic
design concept. He stated the architecture would help with marketing because it is new
and fresh. Fentress further elaborated the design would create a group of civic buildings
that are more common to each other, as Dobson Arena and the town library are located
in near proximity. Donovan and Ruotolo expressed concern some CCAC members felt
intimidated and forced to vote for the organic design. Slifer and Jim Lamont of the Vail
Village Homeowners Association stated the public process surrounding the Conference
Center development was as open as either had experienced in their involvement with
the town. Forrest reported Council may receive architectural models of the project as
soon as January, 2005. Local resident Paul Rondeau asked if environmental efficiency
considerations would be factors in the center's design. Representing Architectural
Resource Consultants (ARC), Chris Squadra replied that the center would be a
masterwork of innovation, focusing on environmental responsibility and sustainable
design. Rick and Gwen Scalpello expressed concern and urged caution to Council as
they guided themselves through the development process. Bill Jewitt spoke in support
of design number three. Jim Lamont, representing the Vail Village Homeowner's
Association, asked Council to delay their decision so as to allow the inclusion of second
homeowner's opinions in the public process, when they arrived in late December.
The fifth item on the agenda was discusson and approval of the Current Ford Park Paid
Parking dates for the 2005 Summer Calendar. Council unanimously approved, 7-0, the
proposed parking plan. Cleveland moved and Moffet seconded the motion. Ruotolo and
Donovan questioned why the town would charge at the Ford Park lot at the same time
when the parking structures were free to utilize. Staff clarified parking fees were imposed
to ensure available parking access to multiple groups utilizing the park simultaneously.
Acknowledging concerns expressed by Donovan, Ruotolo and Slifer requested Zemler
investigate possible parking management alternatives prior to establishing a 2006
parking plan for the park. Donovan encouraged better signage be provided for guests
when the Ford Park lot is full.
The sixth item on the agenda was the first reading of Ordinance No. #23, Series 2004.
An ordinance amending the Vail Town Code regarding the jurisdiction of the Town of
Vail Municipal Court. Council unanimously approved the Ordinance, 7-0, with In
introducing the ordinance, Town Attorney Matt Mire noted a recent Colorado Supreme
Court case Town of Frisco v. Baum, 90 P. 3d 845 (Colo. 2004), has possibly expanded
the jurisdiction of the municipal court in certain home rule municipalities who have
adopted charter language granting themselves "exclusive and original" jurisdiction. More
specifically, the Supreme Court's decision upheld the ruling of the District Court, that it
lacked jurisdiction over a C.R.C.P. Rule 106 appeal of a zoning decision and that such
cases are the jurisdiction of the municipal court. Since the Town of Vail has also adopted
such charter language and since town staff has indicated the municipal court is not the
proper venue for these matters, Ordinance 23, 2004, was created to limit the jurisdiction
of the Town of Vail Municipal Court to handling criminal matters. Council passed the
motion unanimously, 7-0. Moffet moved and Cleveland seconded the motion.
The seventh item on the agenda was the first reading of Ordinance No. #31, Series of
2004, an Ordinance Amending Section 12-11-4, National Pollution Discharge Elimination
System, Section 12-11-6, Erosion Control, and Section 14-6, Grading Standards.
Council unanimously approved, 7-0, a staff request to table the item until January 4,
2005. Moffet moved and Ruotolo seconded the motion.
The eighth item on the agenda was the first reading of Ordinance #32, Series of 2004.
An ordinance vacating a certain part of the system of public ways of the Town of Vail,
Colorado, i.e., that public right-of-way constituting those portions of Red Sandstone
Road contiguous to either Tract A or Tract B, South Frontage Road Subdivision. Council
unanimously approved, 7-0, to grant the vacation on first reading. Mire announced the
vacation was only one small aspect of a larger land swap occurring between the town
and Vail Resorts. Representing Vail Resorts, Jay Peterson, reiterated Mire's comments.
Moffet moved and Logan seconded the motion.
The ninth item on the agenda was the second reading of Ordinance No. #24, Series of
2004, an ordinance establishing Special Development District (SDD) No. #38, Manor Vail
Lodge, and setting forth details in regard thereto. Council approved, 6-1, (Donovan
opposed) second reading of an amended version of Ordinance No. #24. Donovan stated her
opposition stemmed from the proposed stream tract encroachment. The amendments were:
(1) The applicant, with the input of staff, shall design and construct an extension to the
existing sidewalk from Ford Park to the existing bus stop along Vail Valley Drive. The new
sidewalk shall extend onto the 430 square foot parcel which will be deeded to the Town from
Manor Vail on the southeast corner of the property. The design of the sidewalk shall be
depicted on the building permit set of drawings; (2) The Manor Vail Condominium
Association will maintain a working front desk for the purpose of conducting hotel -like
operations for a period of no less then ten (10) years from the date of this SDD approval,
0 which will facilitate the continuance of the rental program at Manor Vail Lodge. This
E
condition helps to achieve the municipal objective of insuring tax generation by establishing
an active rental program for a condominium project. A change to the DIA was also
approved in regard to the time frame the town had to use the $100,000 intended for public
improvements. 5-years was changed to 10-years. Several Council members expressed
concern that $100,000 in public improvements in exchange for a $40 million redevelopment
was not enough. Ruotolo asked that a public access easement be granted. Glen Porzak,
President of the Manor Vail Condominium Association, responded this would require a 2/3
vote from the Homeowner's Association. The applicant did commit to not creating barriers to
the area and indicated the public was welcome to enter the area along the pedestrian
easement to access Ford Park. Moffet stated he voted for the project due to the substantial
hotel -like amenities currently existing at Manor Vail, leading to increased rental potential and
increased sales tax revenue. Hitt moved and Moffet seconded the motion to approve.
The tenth item on the agenda was the second reading of Ordinance No. #27, Series of
2004, an Ordinance making supplemental appropriations to the 2004 budget
Council unanimously approved, 7-0, this ordinance, making supplemental appropriations
to the 2004 Budget, reflecting amendments requested during the first reading of the
ordinance. Cleveland moved and Hitt seconded the motion to approve.
The eleventh item on the agenda was the second Reading of Mill Levy Certification,
Ordinance No. #28, Series 2004. Council unanimously approved, 7-0, the 2005 Mill
Levy Certification. The approved mill levy was set at 4.70780. Cleveland moved and
Moffet seconded the motion.
The twelfth item on the agenda was the second reading of Ordinance No. 30, Series of
2004, the Town of Vail amending Title 3, Chapter 6, of the Vail Town Code regarding the
Commission on Special Events (CSE). Council unanimously approved, 7-0, second
reading of an ordinance amending the establishment of the Vail CSE as it pertains to
appointments and qualifications. An amendment received support from Council which
included a provision in the ordinance requiring a vote of four or more members for
approval. Donovan requested the CSE pay due diligence to making ethical decisions
regarding conflicts of interest. Donovan also requested the CSE and Vail Local
Marketing Board (VLMD) be managed under the auspices of one "economic guru."
Moffet moved and Ruotolo seconded the motion to approve.
The thirteenth item on the agenda was resolution No. #22, Series of 2004, a Resolution
approving and accepting, on behalf of the Town of Vail (the "Town" or "Grantee"), a
special warranty deed from Buffehr Creek Partners, a Colorado Limited Partnership (the
"Grantor"), which deed pertains to a certain parcel of land within the Town of Vail and
which is encumbered by a conservation easement in favor of the Eagle Valley Land
Trust, a nonprofit Colorado corporation (the "Trust"). Council unanimously approved
accepting the special warranty deed to a property located on Buffehr Creek Road. Mire
explained in December of 2003, the Grantor acknowledged this nine acre property had
significant scenic, aesthetic and open space values as set out in the Colorado Revised
Statutes, and the Grantor conveyed a Deed of Conservation Easement in favor of the
Eagle Valley Land Trust in order to permanently preserve the entire property as open
space for the use and enjoyment of the general public. Cleveland asked if the property
would increase the town's liability exposure. Mire explained the property would offer no
more inherent risk than any other town owned property. Grantor Ed Zneimer stated he
4
believed the parcel should be a considerable benefit to the community. Moffet moved
and Ruotolo seconded the motion to approve.
The fourteenth item on the agenda was the Town Manager's Report.
➢ Zemler proposed a format for the December 30 Annual Town Meeting, scheduled
from 4 to 6 p.m. The format proposed to include open house displays on various
projects by town staff, plus an update on the town's financial status as well as a
report on the town's key areas of focus. A panel discussion was also proposed
as a possibility. Ruotolo questioned why the meeting was to begin at 4:00 p.m.
Staff responded the date and time were arranged to accommodate attendance
by second homeowners at the meeting.
➢ Assistant Town Manager Pam Brandmeyer wished pre -Happy Birthday greetings
to Jim Lamont who would be turning 60 years old later in the month.
➢ Brandmeyer stated the town remains on Eagle County's radar for funding
assistance for a West Vail Fire Station and was considering a $250,000
contribution in both '05 and '06.
The fifteenth item on the agenda was Adjournment. The meeting was adjourned at
approximately 9:20 p.m. Moffet moved and Logan seconded the motion to adjourn.
0 Respectfully Submitted,
l
Rodney E. Slifer, Mayor
ATTEST:
NOFt,
l r
SEAL
Lorelei Donaldson, Town Clerk
Minutes provided by Corey Swisher.