HomeMy WebLinkAbout2006-08-01 Town Council Minutes• Vail Town Council Evening Meeting Minutes
Tuesday, August 1, 2006
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
Farrow Hitt, Mayor Pro-Tem
Kent Logan
Greg Moffet
Kim Ruotolo
Mark Gordon
Kevin Foley
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
• The first item on the agenda was Citizen Participation. Former Mayor Bob Armour
complimented the Vail Police Department for hosting National Night Out, a crime
prevention event.
Sheika Gramshammer of Hotel Gasthof Gramshammer expressed disapproval about the
Vail Village noise ordinance. She asked that a grace period be extended past 10 p.m.
as musical entertainment enhanced the guest experience seven days a week.
The second item on the agenda was the Consent Agenda.
a. Approval of Evening Meeting Minutes for July 11 and July 18.
Moffet moved to approve the consent agenda with Foley seconding. The motion passed
unanimously, 7-0.
The third item on the agenda was a Wildlife Protection Discussion. Town Attorney Matt
Mire asked Council to review the staff memorandum contained in the packet and discuss
possible amendments to the Town of Vail Wildlife Protection regulations to more
effectively further the purpose of the Wildlife Protection Chapter of the Vail Town Code.
In August 2002, and in response to a dramatic increase in human -bear conflicts, the Vail
Town Council adopted Ordinance No. 19, Series 2002, which amended the Vail Town
Code to include a Chapter regarding the Wildlife Protection. The stated purpose of the
Wildlife Protection chapter was to "protect and maintain wildlife in the Town of Vail and
surrounding areas and to minimize the risk of dangerous interaction between humans
and wildlife." On July 11, 2006, and based upon the testimony from town staff and Bill
41 Andree of the Colorado Department of Wildlife regarding the effectiveness of the 2002
ordinance, Council directed staff to prepare an agenda item for the Council's
consideration of amendments to the Wildlife Protection Chapter which would more
effectively serve the purpose set forth above. On July 18, 2006, the Council passed an
emergency measure which removed the requirements for warnings to first time offenders
from the current Wildlife Protection regulations and also eliminated maximum fine
amounts. Accordingly, first time offenders of the current wildlife protection regulations
are now subject to the general penalty provision of the code (up to $999 in fines and
incarceration of up to 180 days, or both). Police Commander Steve Wright reported
since the inception of the aforementioned emergency ordinance, 11 residences and four
businesses had been cited. He explained, "Many cases are people who put their
garbage out before they go to bed." Matt Donovan, representing Vail Honey Wagon,
explained "bear resistant" waste receptacles would cost consumers $150 per can with
"bear proof" sheds costing as much as $500. Gordon asked if refuse collection would go
up if trash haulers were required to provide bear resistant cans. Neither of the trash
haulers present commented. Although it was explained no plastic container would be
totally bear proof, Bill Andree said plastic bear resistant containers would promote
negative conditioning. During the public comment period, Sally Jackle thanked Council
for passing the emergency ordinance, and asked them to require all garbage to be bear
proof if outside all the time and bear resistant if taken out on garbage day. Bob Armour
said the recently passed emergency ordinance was appropriate and timely. He
emphasized, "We need to be measured in our response." Phyllis Dixon encouraged
more stringent enforcement of the existing code. Chris Fitzgerald supported further
exploring bear proof/resistant options. Moffet encouraged residents to report unsecured
refuse containers to the Police Department. Foley asked about the possibility of using
Real Estate Transfer Tax (RETT) funds to reimburse residents for the purchase of bear
iproof/resistant containers. Wright clarified the municipal judge had the ability to
determine appropriate punishment including the requirement of bear proof containers.
Following the public comment period, the Council directed Mire to prepare an ordinance
for consideration at the Aug. 15 meeting with requirements ranging from plastic trash
bins equipped with latches for most residences, to steel bear -proof containers for multi-
family, commercial and construction uses.
The fourth item LionsHead Parking Structure Redevelopment Request For Proposals
(RFP). Due to a predetermined conflict of interest (East West Partners affiliation), Slifer
recused himself from the item and left the Council Chambers. The afternoon work
session with Council and two members of the Planning and Environmental Commission
(PPEC) and two members of the Design Review Board (DRB) was intended to provide
an opportunity to interview the two competing developers that responded to the
LionsHead RFP. Those two developers include: East West Partners, and Open
Hospitality Partners & Hillwood Capital Partnership. Staff requested Council receive
public input on the LionsHead RFP and then provide direction to staff on whether to
invite the above mentioned developers to submit detailed proposals to the town based
on the process and schedule provided in the staff memorandum. Council was also
requested to provide input on changes or modifications it would like to see in the
proposed process provided in the staff memorandum. Logan said both development
groups appeared to be professional and quite competent. He asked for the parking
structure parcel to be appraised and an explanation on development rights for the
property. He expressed particular concern over the feasibility of the timeliness of parking
structure redevelopment and subsequent transportation impacts. He then asked for a
formal recommendation from the parking task force regarding long-term parking needs.
Gordon asked for an independent construction feasibility analysis. Foley noted the public
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• benefits that could be derived from the project. Moffet explained Vail taxpayers would
benefit simply by not having to 'foot the bill" for maintenance on an obsolete parking
structure. Moffet moved to invite the two above mentioned developers to submit detailed
proposals to the town and to direct staff to provide an independent property appraisal of
the parcel with Gordon seconding. Hitt explained the project would have benefits for the
community, although, "I don't want to slow it down...) want more information before we
start spending these folks' money...l need to know the value of property and have a
better explanation of the possible ownership scenarios." He also encouraged waiting for
the housing rational nexus study. PEC Member Bill Jewitt expressed concern that to
start in the spring of 2008 would require having "everything fall into place perfectly." He
then stressed the importance of community involvement. DRB Member Margaret
Rogers said she was impressed by the proposals and the town could only benefit by
inviting both groups back. During the public comment period, Bob Armour asked
Council to schedule an evening presentation so as to better inform the public of the
proposed project and process. Zemler recommended having the two applicants hold
public presentations. The motion passed 4-2, with Foley and Hitt opposed.
The fifth item on the agenda was an appeal of the Town of Vail PEC's approval, with
conditions, of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior
Alterations or Modifications, Vail Town Code, to allow for the renovation of the Lion
Square Lodge North, located at 660 West LionsHead Place/Lot 8, Block 1, Vail
LionsHead Filing 3 (PEC06-0019). Town Attorney Matt Mire explained Council would be
asked to uphold, overturn, or modify the PEC's approval, with conditions, of a major
exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or
Modifications, Vail Town Code, to allow for the renovation of the Lion Square Lodge
• North, located at 660 West LionsHead Place/Lot 8, Block 1, Vail LionsHead Filing 3.
Planner Bill Gibson then explained on June 26, 2006, the PEC approved,' with
conditions, a final review of a major exterior alteration, pursuant to Section 12-7H-7,
Major Exterior Alterations or Modifications, Vail Town Code, to allow for the renovation of
the Lion Square Lodge North, located at 660 West LionsHead Place/Lot 8, Block 1, Vail
LionsHead Filing 3. The Vail Town Council "called -up" this PEC action at its July 11,
2006, hearing. Additionally, the Montaneros Condominium Association, Inc. filed an
appeal of this PEC action. Representing the Montenaros Homeowners Association, Alex
Preiser said the Association did not believe the proposed redevelopment met provisions
laid out in the LionsHead Master Plan. He believed the proposal extended an already
non -conforming use. Preiser also said he was concerned over a lack of easements as
the properties were adjacent and construction would require staging on Montenaros
property. 'We looked to be part of the planning process although felt that our concerns
fell on deaf ears." Montaneros property owner Scott Wojakowski said he feared his
property's monetary value would be negatively impacted. Montenaros property owner
John Hogan said he supported the remodeling of the LionsHead North although
disagreed with the proposed 82 foot tower. "That directly affects 12 to 15 Montenaros
condominiums." Representing the developer and homeowners association, David Viele
presented a computer generated model of the project and explained why he believed the
proposal met LionsHead Master Plan guidelines. He then explained when the
Montenaros Building was renovated they did not have to obtain legal easements. Preiser
argued the two buildings evolved as part of a common development plan and the
proposal did not show that. "The spirit of the original setbacks is not being met." He then
explained his Association did not have time to adequately address the proposal's
• drawings. Antlers Lodge (adjacent property) Manager Rob Levine supported ' the
proposal and said he believed it meets the intent and purpose of the LionsHead Master
Plan. Foley said he was apprehensive of the project as it would adversely impact
• Montenaros property owners. Moffet moved to uphold the PEC decision with Newbury
seconding. Montenaros property owner Chic Gleicer explained no documentation
existed regarding the placement of the existing property line (nine inches from the
Montenaros building). Gordon verified the exchange of the property was considered a
legal sale. Town Engineer Tom Kassmel described parking space size requirements
(difference between parallel and mandatory valet parking dimensions). Foley and Slifer
expressed concern that no on -site employee housing was being provided. The motion
passed 6-1, Foley opposed.
The sixth item on the agenda was a Crossroads/Solaris request for assistance in
eliminating certain restrictive covenants of Vail Village First Filing, which may likely
prohibit the 'public amenities' as approved by the Town as part of Special Development
District No. 39, Crossroads. Town Attorney Matt Mire asked Council to discuss the
request set forth in the correspondence to the town, dated July 17, 2006, from Reed F.
Weily, Esq., regarding the town's assistance in eliminating the above -referenced
restrictive covenants, and provide staff direction on next steps. Certain restrictive
covenants of Vail Village First Filing may prohibit the public amenities as approved for
the Crossroads/Solaris redevelopment, also known as Special Development District
(SDD) 39. Accordingly, the developer has requested the town's assistance, along with
the assistance of the Vail Reinvestment Authority, to eliminate the subject restrictive
covenants. Moffet moved to direct the Director of Community Development to start the
process, as requested, by commissioning the appropriate study of the subject area and
taking any additional steps, including the preparation of an urban renewal plan for
council approval with Gordon seconding. The motion passed unanimously, 7-0.
• The seventh item on the agenda was an Eagle River Water and Sanitation District
(ERWSD) Easement Request. ERWSD is relocating an existing sanitary sewer line from
an existing utility bridge to a Town of Vail owned tract that lies due south of the ERWSD
building along W. Forest Rd. The below ground installation will require a utility
easement. Staff recommended Council approve the utility easement as shown with the
condition that within one year of the removal of all ERWSD utilities from the existing
utility bridge, the utility bridge be removed. Newbury moved to approve the request with
Moffet seconding. The motion passed unanimously, 7-0.
The eighth item on the agenda was Ordinance No. 19, Series of 2006, an Emergency
Ordinance Repealing a Moratorium on the Submission and Processing of Building
Permits and Land Use Approvals in the Lionshead Mixed Use 1 and Lionshead Mixed
Use 2 Zone Districts which would result in the Net Loss of Accommodation Units,
Parking Spaces and Employee Housing Units. Town Attorney Matt Mire reported on
April 18, 2006 the Council adopted Ordinance No. 13, Series 2006 establishing a sixty
(60) day moratorium on the submission and processing of building permits and land use
approvals in LionsHead Mixed Use 1 and 2 zone districts. Said moratorium was
extended for an additional sixty days, via Ordinance No. 15, Series 2006. Because the
council has now effectuated relevant text amendments to the LionsHead Redevelopment
Master Plan, via Resolution No. 4, Series 2006, the moratorium is no longer necessary.
Hitt moved to approve with Foley seconding. Moffet clarified his vote was based on no
net loss on demolitions and rebuilds. The motion passed unanimously, 7-0.
• The ninth item on the agenda was the second reading of Ordinance No. 6, Series 2006,
An ordinance repealing and reenacting Title 9, Chapter 1, Vail Town Code regarding
water quality within the Town of Vail. This ordinance provides definitions and
• amendments to Title 9, Vail Town Code which, will further clarify prohibited acts and
provide for more effective enforcement by the Town to prevent injury to the Town water
supplies. Moffet moved to approve with Newbury seconding. The motion passed
unanimously, 7-0.
The tenth item on the agenda was the second reading of Ordinance No. 17, Series of
2006, an ordinance amending Section 12-21-14E, Restrictions in Specific Zones on
Excessive Slopes, Vail Town Code, pursuant to Section 12-3-7, Amendments, Vail Town
Code, to allow for an amendment to increase the amount of allowable site coverage on
lots with excessive slopes from a maximum of 15% to a maximum of 20% but limiting
site disturbance to 60% on such lots. On April 24, 2006, the PEC conducted a work
session during which staff was directed to draft changes to their suggested modified
version of the applicant's proposed text amendment. On May 8, 2006, the PEC
recommended approval of the proposed text amendment to the Vail Town Council, as
modified by staff. On July 18, 2006, the Vail Town Council approved Ordinance No. 17,
2006, as written upon first reading. Moffet moved to approve with Newbury seconding.
The motion passed unanimously, 7-0.
The eleventh item on the agenda was Resolution No. 15, Series of 2006, A Resolution
authorizing the Town Manager to enter into an Intergovernmental Agreement with
Colorado Department of Transportation (CDOT). Town Engineer Tom Kassmel asked
Council to authorize the Town Manager by resolution to enter into an Intergovernmental
Agreement with CDOT in order to complete the 2006 Roadway Maintenance Project
Frontage Road Overlay project for the amount of $330,000.00. Council approved of the
• town entering into a contract with B&B Excavating for the completion of the 2006
Roadway Maintenance Project on June 20 of this year. The project consisted of a
maintenance asphalt overlay on portions of roads in East Vail, drainage improvements
and an asphalt overlay on Arosa Dr., Davos Trail, Garmish Dr. and a portion of
Chamonix Ln. The work also included an asphalt overlay on the S. Frontage Rd. west of
the West Vail Roundabout that was approved on the condition that the Town would enter
into an IGA with CDOT for reimbursement. The project was budgeted as follows:
$642,842.08, Capital Street Maintenance Budget; $25,000.00, RETT-Trailhead
Improvements Budget; and $128,896.52, CDOT. After that approval, CDOT was able'to
appropriate additional funding in the total amount of $330,000 for additional maintenance
asphalt overlays on the Frontage Roads. Council was then asked to approve a
resolution to authorize the Town Manager to enter into an Intergovernmental Agreement
with CDOT in the amount of $330,000.00 for maintenance overlays of the Frontage
Roads. The amount will be reimbursed to the Town by CDOT at the completion of the
project. Moffet moved to approve the resolution with Foley seconding. The motion
passed unanimously, 7-0.
The twelfth item on the agenda was the Town Manager's Report. Possible TOV
sponsorship of Copper Mountain Consolidated Metro District (CMCMD) for membership
in CIRSA. Moffet moved to sponsor CMCMD with Foley seconding. The motion passed
unanimously, 7-0.
Foley thanked local resident Ian Anderson for his contributions to the community as
communications director for the Vail Valley Chamber & Tourism Bureau. Anderson
• recently announced plans to relocate to a new job.
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The thirteenth item on the agenda was Adjournment. Moffet moved to adjourn at 9:45
p.m. with Newbury seconding. The motion passed unanimously, 7-0.
ATTEST:
Lorelei Donaldson, Town Clerk
j
Rod Slifer, Mayor
Minutes provided by Corey Swisher.