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HomeMy WebLinkAbout2004-04-20 Town Council Minutes• • 0 VAIL TOWN COUNCIL EVENING MEETING TUESDAY, APRIL 20, 2004 6:00 P.M. The regular meeting of the Vail Town Council was called to order by Mayor Rod Slifer at approximately 6:05 p.m. on Tuesday, April 20, 2004. Councilmembers present: Staff members present: Rod Slifer, Mayor Dick Cleveland, Mayor Pro-tem Diana Donovan Farrow Hitt Greg Moffet Kim Ruotolo Stan Zemler, Town Manager Pam Brandmeyer, Asst. Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. Michelle Hall, a candidate for the Vail Recreation District (VRD), approached the podium to introduce herself and talk about her interest in running for that board. She was followed by Rick Sackbauer, Eagle River Water and Sanitation District (ERW&SD) Chair and Boardmember, who discussed the proposition questions that would be posed to Vail voters at the May 4th special district election. He encouraged Vail voters to call their customer service line directly at 476-7480 with their individual property assessment available so a representative could calculate the individual cost of the ballot question to each. Next, Scott Proper announced he, too, was running for one of two seats on the VRD. The second item on the agenda was Village Steetscape. At this point, all members of the Vail Town Council donned construction hard hats representative of the streetscape kick-off the day before. Scott Bluhm, the streetscape coordinator, said as of April 26, the Covered Bridge entrance into the Village would be closed for construction until May 12, during which time, courtesy golf carts, on loan from the Vail Valley Foundation, would be chauffering guests more easily into the Village. He also welcomed business owners, residents and the public to attend the weekly Thursday 9:00 A.M. meeting at the Christiania to gain further detail about the progress of the project. The third item on the agenda was The President's Volunteer Service Award. The President's Volunteer Service Award, which is a recognition program for those who contribute a significant amount of time to volunteers, was presented to: Jeff Bey, Kyle Cureau, Frank D'Alessio, Michelle Hall, Werner Kaplan, Gilda Kaplan, Dave Luke, Jane Schmoll, Mabel Selak, Dick White, and Charlene Zent. Dwight Henninger, Police Chief, pointed out these volunteers had contributed over 3,000 hours of service, at a cost savings to the town of $55,000. Additionally, programs such as the ski and snowboard registration, under their oversight, has resulted this year in a 50% reduction in thefts. For more information, contact Dwight Henninger 479-2218. The fourth item on the agenda was The Mauri Nottingham Environmental Quality Award Mauri Nottingham, the individual credited with starting the recycling program in the town, gave a brief overview of the program, stating the award was not his award but just used his name, which he'd reluctantly agreed to allow. Recycling started on a very small • basis at Safeway in 1989, with the town contributing dollars up until 1996 when BFI took the program over. The award currently is promoted by the Eagle Valley Alliance for Sustainability and the Town of Vail. The first award in the Business Organization Category was presented to the Eagle Valley Library District for their efforts toward environmental education, waste reduction and recycling. The second award from the Individual Category was presented to Tom Page for his work with the Eagle Valley Land Trust and the Eagle River Watershed Council in securing a conservation easement, the first one purchased in Eagle County, for Taylor Hill. --Update on the Vail Conference Center. The fifth item on the agenda was Update on the Vail Conference Center and a request to move forward with recommended next steps for the center. Rod Slifer introduced the item commending all the effort that has gone into the project by the Conference Center Oversight Committee. Dave Pease, General Manager (GM) for the Marriott and a GM for Marriot hotels for the past 32 years, responded to a question as to why or if the larger hotels would support such a facility. He said his hotel, along with the Vail Cascade Hotel and Spa, and as the two largest food caterers, would unequivocally support the conference facility because as we're successful with the conference center, that success would expand everyone else's markets. More rooms, currently unfilled in smaller lodges and hotels, would fill and we would be able to capture markets that we're currently turning away because we cannot provide adequate space for activities. Pease finished with a statement that as businesses become more successful, so does the town, and then thanked the town for its support. Mery Lapin, another member of the Oversight Committee, then addressed the Council regarding how to finance the facility, which • approach the committee was considering taking, and which investment banker would provide the best service. He said it should not be considered a slam dunk and reiterated the operations would assuredly lose money but through use of the appropriate financial structure and timeframe, no Town of Vail revenue would be threatened. The facility will stand alone, although, it will be a delicate balance. Working through the cash flow continues to be a delicate balance and there are still negotiations to be completed. And with the current feasibility of placing it on top of the LionsHead Parking Structure, yet another glitch has been placed into the formula. In regard to the investment bankers, Lapin stated the town would be working toward negotiating the best performance and coverage ratio relying on the HVS spreadsheets and would move toward issuing bonds prior to the '04 general election. The proforma they're developing will include the operational deficits, as well as the underwriting assumptions. Regarding the revenue bonds, Lapin concluded the town would not lend its full faith and credit and he expressed no doubt about the HVS assumptions. Slifer stated the two sources of lodging tax and increased sales tax dedicated to the conference center are currently generating approximately $3.3M annually so the financing assumption assumes no more than $2.7M will go toward principal and interest with the rest going toward paying off the operational deficits. Greg Moffet noted as collections continue, the fund balance will grow plus any interest or investments could add to the bottom line. Jay Rocha, GM for the Vail Cascade Hotel and Spa, stated he and his company believed in the project 110% and that his bookings have been outgrowing his facility, he wished to partner into the future, and to grow the off season through that partnership. Moffet moved, with a second from Dick Cleveland, to: 1) Authorize the committee to negotiate with both Kirkpatrick Pettis and Piper Jaffray on fees, insurance, and coverage ratios and to authorize the Town Manager to bring back a recommended contract to the Town Council for their consideration; 2) Evaluate further the financial implications of placing the conference center on the LionsHead Parking Structure, such evaluation to cost no more 0 • than $750 and which funding will come from the Conference Center fund balance; 3) Bring back to Council on either May 4 or 18 a recommendation for hiring an owner's representative; 4) Develop a strategy for engaging a design team in May; and 5) Develop an RFQ for a Design Team and request the Town Council issue an RFQ for design on May 18 or June 1. Diana Donovan stated she would not vote for the motion because she has the same concerns as earlier stated, that these hurried steps were merely a ploy to beat the interest rates, and that the town could not afford to have even one project go south. Michael Cacioppo, local editor and owner of Speak Out, asked the Council if there was any way they could lose and finally stated the cost of operations and/or loss of sales and lodging taxes were not all that risky. Russ Forrest, Community Development Director, said the bond insurance policy purchased would ensure a Triple A rating and a surety bond could be used to guarantee one year of debt service payment. Also factored in regarding diminishing sales and lodging taxes were a very conservative '04 and '05 and with these taxes rising slightly by '06. A vote was taken and the motion passed 5-1, Donovan opposed. The sixth item on the agenda was --Approval of Vail Village Streetscape hand rails and guard rails.Cleveland moved, with a second from Moffet, to table the item to the evening meeting on May 4. A vote was taken and the motion passed unanimously, 6-0. The seventh item on the agenda was an Appeal of the March 3, 2004, Design Review Board (DRB) Decision. The DRB's approval with conditions of a proposal to build a new single family residence located at 1310 Greenhill Court/Lot 17, Glen Lyon, by the owner of Lot 24B, Glen Lyon, Barry Cunningham. Cunningham was represented by Attorney • Art Abplanalp. Cunningham stated three major objections to the project: 1) the size, which he stated was a 25% increase and the ugliness and unsightliness of the covered parking but open garage; 2) the project would take out all but one pine tree when the pine and aspen grove could provide a natural buffer and a 30 foot, as opposed to the current 23 foot, setback, would save the entire stand of trees; and 3) the circular driveway, and thus retaining walls, would take out additional trees. Abplanalp questioned whether the DRB had seen the map by Mauriello and argued this new information could have persuaded the DRB otherwise. He further stated that should the Council redefine GRFA, the open covered parking would then immediately be modified to interior space adding yet another 1200 SF to the residence, thus creating a 6,300 SF home. Also, the geologic study was not complete until March 25, following the review by DRB, and should the DRB have seen this document as well, they would have rejected the project and sent it back for redesign. Matt Mire, Town Attorney, reminded Council and the applicant that DRB does not review GRFA, although Abplanalp argued this assumption. Matt Gennett, Town Planner, stated the DRB had approved the floor plans as drawn, including elevations and the parking plan. George Ruther, Head of Planning, stated an appeal of the staff interpretation on GRFA should be heard by the PEC. Michael Lauterbach, contractor for the project, asked whether Dominic Mauriello was a surveyor or a planner, and then went on to say the house would have been moved up higher on the lot if it were not for the slope which would then be close to 60%. Rather than a concern on making maximum profit from the project, Lauterbach said the risk the entire structure would slide down the hillside was the primary concern. A certified arborist had offered an opinion that if the trees were not removed, based on the wind patterns, the trees could possibly be felled into the Cunningham home. Cleveland stated the residence was completely within the setback, the trees had been pointed out to the DRB twice, this appeared to be a use by right, and the project had gone through the process. If the candidate wanted to go back to PEC to review the GRFA issue, he would • encourage it. Donovan stated she had issues with materials being presented after the actual DRB review, e.g., geologic study. A motion was made by Moffet, with a second from Cleveland, to uphold the DRB's approval with conditions of the design review application for the Purchase residence, located at 1310 Greenhill Court/Lot 17, Glen Lyon Subdivision, in accordance with Sub -Section 12-3-3C.5, Vail Town Code, and the following finding: "That the DRB dililgently followed the appropriate regulations and procedures for a design review application in the case of the proposed Purchase Residence and their findings of fact support conclusions that the standards and conditions imposed by the requirements of the Title 12, Zoning Regulations, have beeen met as presented in each of staffs responses to the appellant's stated issues, as listed in Section V, pages 2-5 of this memorandum, dated April 20, 2004, to the Vail Town Council. Gennett stated still due was a full geo-tech soils study, while Farrow Hitt suggested the privacy issue could be resolved through landscaping. Cleveland reiterated his past concern that too many approvals from the town's boards are including too many conditions. A vote was taken and motion passed 5-1, Donovan opposed. For more information, call Matt Gennett at 479-2140. The eighth item on the agenda was an Appeal of the March 8, 2004, Planning and Environmental Commission (PEC) Decision. The PEC's approval of a request for a variance from Chapter 14-6, Grading Standards, Vail Town Code, to allow for retaining walls in excess of six (6) feet in height, located at Tract K, Glen lyon Subdivision and Unplatted Parcels. This variance request was associated with Vail Resorts Development's snowcat access relocation proposal. George Ruther stated there was no DRB approval yet and the issues at hand were reducing the height of the wall and • screening it. Tom Braun, planner for the applicant, stated the water district had limited opportunities regarding techniques used and that terraces would cause further impact horizontally. The landscape plan would include Blue Spruce, Douglas Spruce and Lodgepole Pine on the down hill side to further mask the retaining wall. Donovan asked the applicant to start the wall further to the east by the concrete wall of the pumphouse, and to build the bridge straight, in order to save a stand of trees. Gary Brooks, with Alpine Engineering, said their team had worked toward minimum grading impacts. Slifer suggested no Lodgepole be included in the mix due to pine beetle but was told newer trees were more resilient. Cleveland stated concerns about the west wall from Vail Pass to Copper Mountain and what a huge intrusion it was, so even if the project is vegetated, in the winter the contrast becomes most noticeable, and also stated, he would be surprised if DRB would approve it. Hitt asked about all the leaching through the current retaining walls, observing the white would look terrible. He also did not like having four bridges within 100 yards of each other, and that the visual impact on an area previously seen as open space would leave a negative impact. Jim Lamont, Vail Village Homeowner's Association, supported the alternate access up the mountain and said the relative merits of the criticism should be balanced against having the snowcats on - mountain, the fueling facility on -mountain, and with the recent removal of so many trees due to the beetle kill, camouflaging would be more difficult. But what was a better solution? He stated the stair step walls with mitigation would equally share the burdens and benefits with both neighborhoods, so he urged patience and not to throw years of work out at this point. Mire once again asked Council to consider a narrower consideration which was the wall height variance. Jay Peterson, attorney for the applicant, stated that a multi -tiered wall would end up as a huge amount of site disturbance because the mitigation would end up being low-lying shrubs and not trees, e.g., no tall landscaping. CI C] Art Abplanalp, now representing five families on Forest Road, stated Vail Resorts deserved a great deal of credit, they had worked hard to identify the issues, and urged the Council to move forward to solve this long-standing problem. Slifer agreed this would reduce the major impact for the homes and families along West Forest Road, and that the visual impact would be a fair trade-off for the wall height. Ruther added this was but one of several procedural items through which the project would have to pass. Mire stated the Council, as an option, could also remand the PEC's approval back to their board for their reconsideration. Hitt then moved, with a second from Cleveland, to overturn the PEC approval, based on the variance criteria, which had not been met, specifically: 1) That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; and 2) The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. Donovan asked for clarification of the Spraddle Creek retaining walls and was told they were Gabian Walls with traditional landscaping. A vote was taken with Cleveland and Hitt voting for the motion, and the remaining four against. Thus, the planning commission approval stood The ninth item on the agenda was the Supplemental Appropriations Ordinance. Ordinance No. 7, Series of 2004, an ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund, and the Marketing Fund of the 2004 budget for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein; and setting forth details in regard thereto. Diana Donovan requested • confirmation that funding for the additional police officer for the 1-70 noise education and enforcement program had been addressed as requested upon first reading. The funds for this program have been moved from the Capital Projects Fund to the General Fund. Greg Moffet moved and Dick Cleveland seconded a motion to adopt the ordinance as read, including changes made after first reading. The motion passed unanimously (6 to 0). For more information, contact Judy Camp 479-2119. The tenth item on the agenda was 2nd reading of Ordinance No. 11, Series of 2004, an ordinance vacating a certain part of the system of public ways of the Town of Vail, Colorado, i.e., a subterranean portion of Hanson Ranch Road contiguous to Lot P-3, according to the subdivision plat entitled "Lot P-3, Vail Village Fifth Filing." At this point, Moffet moved, with a second from Ruotolo, to adjourn to a spontaneous executive session, based on the subject title just read, P-3 Development, under the C.R.S. cite 24.6.406, 4(b)(c). Lamont asked whether procedurally there would still be an opportunity for public comment and was told there would be. A vote was taken and the motion passed unanimously, 6-0. The Council reconvened, at which time Moffet moved to table Item #10 to May 4, with a second from Ruotolo, and stated there would be opportunity for public discussion at that time. A vote was taken and the motion passed unanimously, 6-0. The eleveth item on the agenda was Resolution No. 15, a Resolution adopting the correct version of the CIRSA bylaws and intergovernmental agreement and repealing any and all resolutions inconsistent. John "JP" Power, Human Resources Director, stated CIRSA had sent incorrect bylaws and that the dates of the annual meeting and terms of directors were incorrect. Moffet moved, with a second from Ruotolo, to approve Resolution 15. A vote was taken and the motion passed unanimously, 6-0. • • 0 The twelfth item on the agenda was Resolution No. 16, a Resolution approving the P-3 Development agreement (the "Agreement") between the Town of Vail (the "Town") and Vail Associates Holdings, Ltd., a Colorado Corporation ("Vail Holdings"), which agreement pertains to the development and respective rights and responsibilities of the Town and Vail Holdings in relation to the development site owned by Vail Holdings and consisting of Lot P-3, Vail Village Fifth Filing, and an adjacent vacated portion of Hanson Ranch Road right-of-way. Moffet moved to table to May 4 on advice of Counsel, with a second from Ruotolo. A vote was taken and the motion passed unanimously, 6-0. The thirteenth item on the agenda was the Town Manager's Report. Moffet moved, with a second from Hitt, to enter into the Memorandum of Understanding (MOU) with the Division of Corrections, as amended (no monetary support would be expended, only staff support), to cut and stack, 6-0. At this point, Cleveland, through advice from a citizen, suggested re -wording the message on the VMS from "Don't Race Through Vail" to "Slow Down and Enjoy Vail" would be more user-friendly, as well as to add the actual speed limit to the sign. Bill Jewitt, from Bart and Yeti's, added the VMS should be installed on the "on" ramps for drivers to observe as they started down 1-70 rather than ending their drive. There being no further business, the Council adjourned at 9:00 P.M. Rodney E. Slifer, Mayor OF VA�� Lore) i Donal son, Town Clerk t� COtO��