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HomeMy WebLinkAbout2006-04-18 Town Council Minutes• U Vail Town Council Evening Meeting Minutes Tuesday, April 18, 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 Greg Moffet Kim Newbury Mark Gordon Kevin Foley Not present: Kent Logan Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Asst. Town Manager The first item on the agenda was Citizen Participation. Steve Rosenthal, owner of Colorado Footwear said he believed the recent Street Beat Concert Series was extremely successful. Randy Guierro suggested the town purchase the current location of the Roost Lodge. He specifically recommended the western portion of the parcel. He said he believed the eastern portion of the parcel would better facilitate the taller tower of the proposed Marriott Residence. The second item on the agenda was appointments to the Vail Local Licensing Authority (LLA) and Vail Local Housing Authority (VLHA) boards. LLA All applicants to the LLA must be citizens of the United States, qualified electors of the Town of Vail, and have resided in the Town of Vail for not less than two years preceding appointment, and shall have no direct financial interest in any license to sell alcoholic beverages or any location having any such license. Duties of the five -member board include review of all Town of Vail liquor license applications. There were two vacancies on the LLA. The Town received four (4) applications for the vacancy. The applicants were: • Kaye Ferry* Robert McKown* Connie Knight Bryant Roth *Incumbent board members Hitt moved to appoint Kaye Ferry and Robert McKown to the LLA with Foley seconding. The motion passed unanimously, 6-0. VLHA Applicants must be full-time, year-round residents of Eagle County who either are residents of the Town of Vail or work for a business holding a Town of Vail business license. Authority members must have a proven ability to be an effective advocate for a full range of housing projects and be able to promote a vision for local employee housing that has been approved of by the majority of the Authority. The role of Authority members is to act as Board of Directors for the business of the Vail Local Housing Authority. The duties may include Budget Approval, Adopting Policies, Advocacy, Staff Oversight, Strategic and Long -Term Planning, Setting Development and Acquisition Parameters and potentially managing the existing Town of Vail deed - restricted housing inventories. Technical experience in one of the following areas was also desirable: Financing of Large Projects, Development, Construction/Construction Management, Planning, Design, or Legal. • The applicant was: Mark Ristow* *Incumbent board member Hitt moved to appoint Mark Ristow to the VLHA. Newbury seconded. The motion passed unanimously, 6-0. The third item on the agenda was the Gore Creek Promenade Pedestrian Bridge Replacement. A. Pedestrian Bridge Replacement Project Manager Gregg Barrie explained an evaluation of the bridge indicated that it is under designed for its intended use. Alternatives have been discussed in depth with Council and included full removal of the bridge, partial removal of bridge components, and replacement of the bridge structure on the existing abutments. At the April 4, 2006, Council Work Session, Council directed staff to proceed with replacement of the bridge structure on the existing abutments. Alternatives were considered in conjunction with proposed improvements to the Whitewater Park. Design work is continuing on the Whitewater Park and staff will return • in the near future for additional direction on that project. • B. Artwork for Pedestrian Bridge Barrie reported this project was originally brought to Council and approved in 2002; however, modifications have been made to keep within budget. A jury composed of Vail residents chose the artist. The current proposal combines eight art panels with traditional spindles. The panels depict Vail recreational activities and are made of layered perforated stainless steel. Art in Public Places voted unanimously to approve the artwork shown in the attached drawings. The board is working with the artist to finalize construction details. AIPP approved spending up to $30,000 on the project. Barrie then requested three items: Increase the Pedestrian Bridge Project budget by $170,000 to $295,000. 2. Authorize the Town Manager to enter into a contract with B & B Excavating, Inc. to construct the Gore Creek Promenade Pedestrian Bridge Replacement Project in the fall of 2006 in conjunction with the Village Streetscape Improvements. 3. Approve the AIPP expenditure of up to $30,000 for the artistic railing panels. (Item B below) Moffet moved to approve Barrie's three requests with Gordon seconding. The motion passed unanimously, 6-0. The fourth item on the agenda was the first reading of Ordinance No. 9, Series of 2006, • an ordinance repealing and re-enacting Ordinance 2, Series of 1997, Flaum - The Valley Phase V, Special Development District (SDD) No. 34, amending and reestablishing SDD No. 34, in accordance with Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for a major amendment to SDD No. 34, Flaum -The Valley Phase V, to increase the allowable gross residential floor area for (GRFA) employee housing units (EHUs) and associated garages within the district. Senior Planner Warren Campbell explained on March 27, 2006, the PEC voted 6-0-0 (Viele absent) to forward a recommendation of approval for a proposed amendment to SDD No. 34, Flaum - The Valley Phase V, to the Vail Town Council, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the increase in the allowable GRFA for EHUs within the District from 500 square feet to 850 square feet and to increase the allowable size of the EHU garage from 300 square feet to 400 square feet, located at at 1521, 1601, and 1631 Buffehr Creek Road/Lots A-C, The Valley Phase V, and setting forth details in regard thereto. Moffet moved to adopt the ordinance with Newbury seconding. The motion passed unanimously, 6-0. The fifth item on the agenda was Emergency Ordinance No. 13, Series of 2006: Moratorium on new planning applications in the Lionshead Mixed Use 1 and 2 zone district which consider a net loss in accommodation units, employee housing units, and parking. Mire explained upon review of the Lionshead Mixed Use 1 and 2 Zone District, staff concluded it was possible for a existing hotel to be demolished and redeveloped as a condominium project. This could have resulted in the net loss of hotel rooms which is counter to the established policy of the Town and the Lionshead Redevelopment Plan which provides for the creation and retention of "live" rooms. Furthermore, the isLionshead Redevelopment Master Plan stipulates there shall be no net loss of parking spaces and employee housing units (EHUs). This was however not codified and staff • felt the policy should be incorporated into Title 12 to ensure clarity and enforcement of this policy. The purpose of this emergency ordinance is to prevent application of any new development project in the Lionshead Mixed Use 1 or 2 zone districts which would propose a net loss in hotel rooms, parking, or employee housing units within 60 of the approval of Ordinance 13, Series of 2006 while an amendment is being considered to affect the above mentioned changes. An application was made on April 5, 2006 by the Town of Vail to amend the Lionshead Mixed Use 1 and 2 Zone District along with amending the Lionshead Redevelopment Master Plan. Within that 60 day time period, the town would propose amendments to the above mentioned zone districts and the Lionshead Redevelopment Master Plan. Moffet moved to approve the ordinance with Newbury seconding. Due to a predetermined conflict of interest, Slifer recused himself from the item and left the Council Chambers. One of the owners of the Best Western, Estaquio Cortina said he believed the ordinance was targeted to limit his development rights as he bought the hotel for its redevelopment potential. Mara Kleinschmidt, Mr. Cortina's legal representative, clarified when Cortina became owner of the property. She then argued the town was guilty of granting special privilege and not appropriately addressing why the ordinance was an emergency. "There is not doubt this ordinance will cause irreparable and permanent damage to my client." At the advice of Mire, Moffet amended his motion to change the term hotel rooms in the ordinance to accommodation units. The motion and second was then amended. Foley said he was on Council when the Lionshead Master Plan was approved and the intent of the document was to not lose any hotel rooms. Co -Best Western owner Alejandro Diaz clarified he would have the opportunity to discuss the ordinance in the future. Representing the Vail Village Homeowner's Association, Jim Lamont asked for an accounting of why an "oversight" such as the potential loss of accommodation units had been overlooked. The motion • passed unanimously, 5-0. The sixth item on the agenda was the SECOND READING OF ORDINANCE NO. 8, SERIES OF 2006, AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HEAVY EQUIPMENT FUND, AND DISPATCH SERVICES FUND OF THE 2006 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE EXPENDITURES OF SAID APPROPRIATIONS. Finance Director Judy Camp thanked Budget Analyst Gina Bentz for all of her diligent work during her career at the Town of Vail. She then introduced Kathleen Halloran as Manager of Budgets and Financial Reporting. Camp then explained the supplemental budget had not changed since the first reading of the ordinance other than the inclusion of the Wendy's property purchase price. Moffet expressed concern the heating of Meadow Drive would generate additional green house gases. 'We need to look at how we do business and decide if we want to become a heck of a lot more environmentally sensitive." Zemler clarified the town was conducting a recycling study, purchasing wind power and exploring the possibility of a feasibility study for a bio-mass energy plant. Moffet then suggested a full energy audit be performed on the town. Slifer encouraged looking at the feasibility of utilizing solar energy. Hall said the boilers to be used to heat Meadow Drive could be modified to use energy other than natural gas. Moffet moved to approve the motion with Gordon seconding. The motion passed unanimously, 6-0. The seventh item on the agenda was the Second reading of Ordinance No. 10, Series of 2006, an ordinance repealing and re-enacting Chapter 12-20, Annexed Areas, Vail • Town Code, to amend the process for zoning district determination of annexed areas. 4 • Mire reported on March 10, 2006, the PEC voted 6-0-0 (Viele absent) to forward a recommendation of approval for a proposed text amendment to the Vail Town Code. On April 4, 2006, the Vail Town Council approved first reading of Ordinance No. 10, Series of 2006 as read. Moffet moved to approve with Hitt seconding. The motion passed unanimously, 6-0. The eighth item on the agenda was second reading of Ordinance No. 11, Series 2006, An Ordinance of the Town of Vail Annexing Certain Real Property to the Town of Vail. On February 14, 2006, The Vail Corporation filed with the Town Clerk for the Town of Vail a Petition for Annexation requesting that the Town Council of the Town of Vail commence proceedings to annex to the Town of Vail a certain parcel of land located in Section 8, Township 5 South, Range 80 West, of the 6'h Principal Meridian, County of Eagle, State of Colorado, the approved final legal description of which is set forth as Exhibit A in this Ordinance No. 11. (the "Annexation Property'). The Town Council, by Resolution No.6, Series of 2006, also determined with regard to the Petition for Annexation for the Annexation Property: (i) the applicable requirements of C.R.S. §§ 31-12-104 and 31-12-105 have been met; (ii) an election is not required under C.R.S. § 31-12-107(2) or 31-12-112; (iii) no additional terms and conditions are to be imposed on the annexation of the Annexation Property; and (iv) the Annexation Property is eligible for annexation to the Town of Vail. Accordingly, this Ordinance 11 shall operate to annex the Annexation Property to the Town of Vail. Mire explained the property transfer would close on April 26. Moffet moved to table the item until May 2, 2006 with Newbury seconding. Representing Vail Resorts, Jay Peterson said there was no longer litigation involving the property. The motion passed unanimously, 6-0. • The ninth item on the agenda was Resolution No. 12, Series 2006, A Resolution Approving the Purchase of Land in the Town of Vail Commonly known as Parcel No. 210311415019 by the Eagle County Assessor's Office, and Legally Described as Parcel A, a resubdivision of Tract D, a resubdivision of Vail Schone Filing No. 1, Town of Vail, Eagle County, Colorado. Council considered it in the interest of the public health, safety and welfare to purchase the real property and improvements thereon with the physical address of 2399 N. Frontage Road, Vail, Colorado, commonly known as Parcel No. 210311415019 by the Eagle County Assessor's Office, and legally described as Parcel A, a resubdivision of Tract D, a resubdivision of Vail Schone Filing .No. 1, Town of Vail, Eagle County, Colorado (the "Property"). Mire explained approval of Resolution No. 12, Series 2006, was required to purchase the Wendy's parcel and the town was under contract. Moffet moved to adopt the resolution with Gordon seconding. During a pause for public comment, Bill Jewitt asked Council to consider moving the town offices to the Chamonix (Hud-Wirth) site and sell the parcel the present town offices set on. Gordon explained this was a great opportunity for the town. The motion passed unanimously, 6- 0. The tenth item on the agenda was the Raw Water Conversion Project — Intergovernmental Agreement. Public Works Director Greg Hall asked Council to authorize the Town Manager to enter into the agreement with the Eagle River Water and Sanitation District (ERWSD). The Town of Vail and the ERWSD, in November of 2003, jointly completed a feasibility study investigating the conversion of the irrigation systems in Ford Park and Donovan Park from treated water to raw water supply. Having found the work and finances to be feasible, the District has prepared construction documents • and has hired a contractor to perform the work. The cost of the work to be paid by the District is $396,210.65. The cost of construction is to be reimbursed to the District by the • town over a 20 year period through the water rates paid by the town. All pumping and filtration equipment will be owned and maintained by the District. The conversion to raw water will decrease the overall cost of water for these two parks and will decrease the treatment costs for the District. The savings to the town varies year to year within the 20 year period and is projected to be $10,000 the first year and $20,000 at year 20. Moffet moved with Foley seconding a motion to table the IGA until May 2, 2006. The motion passed unanimously, 6-0. • CJ The eleventh item on the agenda was the Town Manager's Report. There was nothing reported. The twelfth item on the agenda was Adjournment. Moffet moved to adjourn with Gordon seconding at approximately 7:15 p.m. The motion passed unanimously, 6-0. } Rodney E. Slifer, Mayor ATTEST,: N OP CSEAL:' Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher.