HomeMy WebLinkAbout2004-04-20 Town Council Minutes•
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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
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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
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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
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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.
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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.
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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
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