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Home My WebLink About2006-03-21 Town Council MinutesVail Town Council Evening Meeting Minutes Tuesday, March 21, 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 Pam Brandmeyer, Asst. Town Manager The first item on the agenda was Citizen Participation. Bill Weiss appeared before the • Council and offered concerns about the town's height calculations. Slifer responded by saying the Council would be discussing the issue at an upcoming work session. The second item on the agenda was Board Appointments. There were 4 vacancies for Planning and Environmental Commission, 3 vacancies for Design Review Board and 2 vacancies for Art in Public Places. The town received 5 applications for the PEC; 5 applications for the DRB vacancies and 3 applications for AIPP. Incumbent members of the PEC, DRB, and AIPP are noted by asterisks below. Also, Nancy Sweeney had served two terms on the AIPP and would only be able to serve an additional two years out of the three year term if reappointed due to eight year term limits. It was requested Council interview each applicant at the work session and then appoint four applicants to the PEC; three applicants to the DRB and two applicants to the AIPP at the evening meeting. The applicants were as follows: PEC: F-111:1� Dick Cleveland Mike Dantas Dorothy Browning Anne Fehlner-Gunion* William DesPortes Gussie Ross* Roland Kjesbo* Peter Dunning* Nancy Sweeney* William Pierce Pamela Hopkins Gwendolyn Scalpello Margaret Garvey Rogers* Hitt moved to appoint Dick Cleveland, Anne Gehlner-Gunion, Roland Kiesbo and William . Pierce to the PEC, with Moffet seconding. The motion passed unanimously, 7-0. Hitt moved to appoint Peter Dunning and Margaret Rogers to the DRB, with Moffet seconding. The motion passed 6-1, with Foley opposed. After a second re -balloting Hitt moved to appoint Mike Dantas to the DRB with Foley seconding. The motion passed unanimously, 7-0. Hitt moved to appoint Dorothy Browning and Nancy Sweeney to the AIPP board, with Gordon seconding. The motion passed unanimously, 7-0. The third item on the agenda was the Consent Agenda. a) Approval of Red Sandstone Elementary School Lease. Moffet moved with Hitt seconding a motion to approve. The motion passed unanimously, 7-0. The fourth item on the agenda was the Gore Creek Promenade Pedestrian Bridge Replacement Discussion. Moffet moved with Logan seconding a motion to table the item until the April 4 meeting. The motion passed 6-1, Gordon opposed. The fifth item on the agenda was East Meadow Drive Streetscape. Award of bid to B&B Excavating. The Department of Public Works and Transportation completed negotiations for the East Meadow Drive Streetscape improvements with B&B Excavating Inc. and Weitz Construction. Staff determined the construction costs and contract terms provided by B&B Excavating are the most favorable for the town. Staff requested permission from Council to enter into a construction contract with B&B Excavating for an amount not to exceed $4,288,111. The comparison of proposed costs is broken down as follows: B&B Excavatinq Weitz Comoanv Base Bid $3,953,611 $4,041,745 Boiler Room Allowance $ 250,000 $ 250,000 3rd Boiler $ 84.500 $ 75.000 Total $4,288,111 $4,366,745 Difference = $78,634 in favor of B&B Excavating. Through negotiation both contractors required two construction seasons to complete the streetscape work from Vail Road to the west property line of Crossroads. Currently, without a commitment from the private property owners, work in the right-of-way will begin in the spring with utility trench and snowmelt mains. Finished streetscape improvements in the right-of-way and on private property would be completed in the fall. The two year budget for streetscape improvements on East Meadow Drive, between Vail Road and Slifer Square, is $5,600,000. The overall construction costs to the TOV were projected to be within budget because of the substantial developer and private property reimbursements. Moffet stated he would vote against the award of the bid as he did not support heating East Meadow Drive. Foley moved with Hitt seconding a motion to approve. The motion passed 5-2, with Moffet and Gordon opposed. • • The sixth item on the agenda was ORDINANCE NO. 7, SERIES 2006, AN ORDINANCE PROVIDING CERTAIN TEXT AMENDMENTS TO TITLE 8, CHAPTER 1, VAIL TOWN CODE, REGARDING USE OF THE PUBLIC WAY. On March 7 at the Council work session town staff proposed to change the Public Way permit fee schedule from a flat fee to a rate schedule that is relative to the impact of the street cut or use of the Public Way. The proposal included not only charging a fee for street cuts but also for use and occupancy of the Public Way (i.e., construction staging) and provided fee schedules for both construction season and non -construction season. In order to accomplish this in accordance with town code, staff is requesting a text amendment to Title 8 chapter 1 of the Town Code to facilitate the change in fee structure, along with cleaning up some inconsistencies that are in Title 8-1. Moffet moved with Newbury seconding a motion to approve.,The motion passed unanimously, 7-0. The seventh item Second Reading of Ordinance No. 5, Series of 2006, AN ORDINANCE ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 39, CROSSROADS, PURSUANT TO ARTICLE A, SPECIAL DEVELOPMENT (SDD) DISTRICT, CHAPTER 9, TITLE 12, ZONING TITLE, TOWN CODE OF VAIL On January 23, 2006, the Town of Vail PEC held a public hearing on a request to establish Special Development District No. 39, Crossroads. The purpose of the new Special Development District is to facilitate the redevelopment of Crossroads, located at 141 and 143 Meadow Drive. Upon review of the request, the PEC voted 5-2-0 (Viele and Lamb opposed) to forward a recommendation of approval of the request to establish SDD No. 39, Crossroads. On February 7, 2006, Council approved the first reading of Ordinance 5, Series of 2006, by a vote of 4-3-0 (Logan, Foley, Slifer opposed). On • March 7, 2006, Council tabled the second reading of Ordinance 5, Series of 2006, by unanimous vote to the March 21, 2006. During the public comment period, Sheika Gramshammer asked that digital images of the project presented during the meeting be published in the Vail Daily to show the vast deviation from the existing structure. Anne Reilly Bishop, representing Village Inn Plaza Phase III, reported an agreement had been made with the developer to provide large trees, water feature, etc. between the proposed project and existing structures. Jonathon Staufer spoke against the proposal. Kel Percell and Laura Lynn spoke in support of the project. Greg Beamis questioned the lack of a lighting plan, potential noise pollution and questioned where the Zamboni would be stored. Representing the Vail Village Homeowners Association, Jim Lamont questioned language that could be misinterpreted/substituted in the Developer Improvement Agreement (DIA). Council emphasized that the execution and recording of the DIA will be finalized before the building permit is submitted. Moffet moved to adopt the ordinance with the suggested changes to the DIA with the DIA being executed prior to submittal of a building permit. Gordon seconded the motion. Logan said, "SDD's are quite special...lt is time we de -politicize the process with SDD's and impose significant restrictions... I feel like one of the Indians who sold Manhattan Island for a couple of bags of beads and a sack of potatoes because that's the deal the Town of Vail is getting tonight." Moffet explained the developer would have high construction costs, subsequently cutting into the project's profitability. Hitt said, "I think this does help families stay in Vail ... There is not much to do in Vail ... You are either going to be drinking or going up skiing in Vail today." Gordon thanked his fellow Council members because they worked together on creating a document, 'We can all be proud of." Foley said he would vote against the project due to 11.5 ft. floor plates in the project, possibly • setting a precedent. He also said, "Employee housing is woefully inadequate and the height, bulk and mass doesn't fit in with the neighborhood." Slifer expressed extreme • concern regarding the upzoning involved in the proposal. "The project was not developed in the spirit of community." The motion passed 4-3, with Slifer, Foley and Logan opposed. The eighth item on the agenda was Resolution No. 3, Series of 2006, a resolution amending certain portions of the Vail Land Use Plan text and map to identify those properties regulated by the LionsHead Redevelopment Master Plan. Campbell reported on February 13, 2006, the Community Development Department presented an application to the PEC to amend certain portions of the Vail Land Use Plan text and map to identify those properties regulated by the LionsHead Redevelopment Master Plan. The Commission forwarded a recommendation of approval to Council by a vote of 6-0-0. Moffet moved with Newbury seconding a motion to approve. Hitt questioned easement rights granted to "the bridge to nowhere." Representing the Vail Village Homeowners Association, Jim Lamont thanked staff for making corrections. The motion passed 5-2, with Foley and Hitt opposed. The ninth item on the agenda was the Town Manager's Report. Nothing was reported. The tenth item on the agenda was Adjournment. Moffet moved to adjourn with Hitt seconding. The motion passed unanimously, 7-0, at approximately 9:25 p.m. Is ATTEST: relei Donaldsc Minutes provided by Corey Swisher. :7 U Rodney E. Slifer, Mayor