HomeMy WebLinkAbout2008-05-06 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, May 6, 2008
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 Dick Cleveland.
Members present: Dick Cleveland, Mayor
Andy Daly
Mark Gordon
Farrow Hitt
Kevin Foley
Kim Newbury
Margaret Rogers
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Asst. Town Manager
The first item on the agenda was Citizen Input
Dave Kraft shared his belief that aerosol trails are being sprayed into the atmosphere
over Vail and in other areas of the country as part of a government conspiracy.
With restitution checks in hand, Battle Mountain High School students Max Ward and
Blaze Heuga apologized to Council for recently vandalizing the sidewalk at the Donovan
Pavilion. Council expressed displeasure with the youth's graffiti. Kathy Valleau spoke in
defense of the youths for not identifying others involved.
The second item on the agenda was the Vail Youth Recognition Award Winners
Introduction.
Vail Valley Exchange President Scott O'Connell introduced the following recipients of the
Vail Youth Recognition Awards: Tony Ryerson from Vail Mountain School and Olivia
Fauland from Battle Mountain High School.
The third item on the agenda was Proclamation No. 6, Series of 2008 Building Safety
Week 2008. (May 5--11)
Rogers read a proclamation supporting Building Safety Week. Daly moved and Foley
seconded a motion to approve the proclamation. The motion passed unanimously, 7-0.
The fourth item on the agenda was the Consent Agenda
a. Approval of the April 1, 2008, and April 15, 2008, Town Council Minutes.
Foley moved to approve the consent agenda with Foley seconding. The motion passed
unanimously, 7-0.
The fifth item on the agenda was the Town Manager's Report.
➢ Revenue Update.
Budget and Financial Reporting Manager Kathleen Halloran reported that when all sales
tax returns are received for the month of March, collections for the month are expected
to be $3.3 million, up 12% from March, 2007. The ski season collections thus far
(November — February) will be up 7.3%. For comparison, inflation as measured by the
consumer price index was up 4.0% compared with the prior year. Use tax collections
began as of January 1, 2008. As of April 28, collections total $64,643. Construction
permit revenue currently totals $671.5K, up 5.8% from this time last year. The increase
is due to major redevelopment projects, which make up 78% of the total. Construction
permit fee revenue from non -major projects is down 24% from this time last year. Real
Estate Transfer Tax (RETT) collections through April 28, 2008, total $2.3 million. This
amount is a 29% increase from this time last year primarily due to recent sales of major
redevelopment projects. Major redevelopment projects such as Arrabelle, Forest Place,
One Willow Bridge and Vail Plaza account for 41 % of year-to-date 2008 collections.
RETT collections from property transfers not related to major redevelopment projects
dropped by 13% year-to-date as of April, 2008 compared with 2007.
➢ Chamonix Planning Update.
Planner Scot Hunn told Council that on March 4, 2008, Council re -affirmed, with
modifications, the planning goals and design parameters originally adopted by the
Council on January 22, 2008, for the Chamonix Site Master Plan project. Also at the
March 4, 2008, meeting, the Council authorized staff and the consultant team to proceed
with conceptual design work for the Chamonix Site. On April 11, 2008, the Chamonix
Site Advisory Committee held a meeting to review three preliminary site plan concepts.
Cleveland commented, "This is our opportunity to maximize our ability to bring people
back to town." He then questioned the possible inclusion of one bedroom units as they
are not desirable to perspective buyers. Hunn said a recent survey indicated one
bedroom units were a desirable product. Daly questioned the validity of the survey due
to its small sample size. Hunn then explained that on May 7, 2008, staff would be
hosting the next committee meeting, to be followed by an evening neighborhood
meeting, to review the most recent, revised site plan concepts. "The intent of these
meetings will be to gain feedback from stakeholder groups prior to commencing with any
further design development of plans."
➢ Colorado Stage International Cycle Classic/Farmers Market.
Assistant Town Manager Pam Brandmeyer reported staff believed the simultaneous
hosting of the two events on Aug. 24 would be too cumbersome on town resources
(parking, crowd control, etc.). Rogers asked if the Farmers Market could be held in the
LionsHead area. Brandmeyer responded the town's resources were simply too limited to
host two large events. Hitt asked if the town was sure the cycling event would be held.
Representing the Vail Valley Foundation, Scott Bluhm confirmed the event would in fact
be held. Bluhm then announced a title sponsor would be named within the next two
weeks. The dates of the cycling event could not be moved. Gordon said he thought it
was imperative both events be held simultaneously. Rogers said she thought a synergy
would be created if both events co -existed. Gordon moved to hold both events
simultaneously with Rogers seconding. Farmers Market representative Rick Scalpello
said he believed the attendance estimates for the cycling event were overestimated.
Farmers Market representative Tom Kraubaker spoke in support of maintaining the Aug.
24 event date as did vendor Stephen Porter. The motion passed unanimously, 7-0.
➢ 1-70 Collaborative Update.
Zemler provided Council an overview of the most recent decisions of the 1-70
Collaborative. He explained local communities are beginning a process to examine
existing land -use regulations and zoning codes along the 1-70 mountain corridor to
determine how they can be improved to facilitate better mobility and transit options to
relive congestion. "There is still some disagreement about lane widening in the Clear
Creek County area ... I think we will get to where we need to get to pretty soon." During a
pause for public comment, Kaye Ferry said the collaborative efforts of the numerous
partners were improving. "They've made some significant strides even though the
contention remains in Clear Creek County." Vail Homeowners Association
representative Jim Lamont encouraged annexing the Dowd Junction area so the town
would be able to control improvements made to the interstate in that area.
➢ Parking Task Force Update.
Public Works Director Greg Hall reported the Parking Task Force would meet again on
May 13. During public comment, Kaye Ferry expressed concern Vail Resorts had put the
Ever Vail parking structure on the "back burner."
The sixth item on the agenda was Ordinance No. 1, Series of 2008, an ordinance
amending Chapters 12-13, Employee Housing, 12-23, Commercial Linkage, and 12-24,
Incluslonary Zoning, Vail Town Code, to establish requirements that no less than one-
half ('/2) the employee housing mitigation requirements for new construction and
demo/rebuild projects be accommodated with on -site units.
Planner Bill Gibson reported that on March 10, 2008, the PEC voted 4-3-0 (Gunion,
Proper, and Viele opposed) to forward a recommendation of approval, with
modifications, for text amendments to establish standards and criteria related to
mitigating employee housing requirements, and setting forth details in regard thereto.
The Town Council held work session discussions concerning the proposed text
amendments on March 24 and April 15, 2008. Gordon clarified if a project was in the
current development review process (any accepted pending application for
redevelopment) it would not be subject to the new requirements. Gibson said there were
expirations for approvals. "The requirement for providing employee housing is not being
changed, only where they put it ... The code applies to all properties (in the Town of Vail)
in general." Daly clarified the Council did not have the ability to lower a housing
requirement. He then asked that language be included that would address the
aforementioned Town Council ability to change the requirements for a project if they so
chose. Foley moved to approve the ordinance with Gordon seconding. Foley asked for a
list of all approved development applications prior to the next reading of the ordinance.
Chief of Planning Warren Campbell clarified Vail Resorts had submitted applications for
their proposed Ever Vail project. Local developer Peter Knobel said a Special
Development District could ask for deviations from these standards. Kaye Ferry said she
believed organizations such as the Vail Valley Medical Center should be required to
house employees locally and on -site. Local hotelier Johannes Faessler said this
ordinance would have precluded his recent hotel expansion. The motion passed
unanimously, 7-0. For more details, contact Gibson at 479-2178.
The seventh item on the agenda was the Second reading of Ordinance No. 10, Series
of 2008, repealing and re-enacting Ordinance No. 31, Series of 2007, Cascade Village,
amending and re-establishing the approved development plan for Area A of SDD No. 4,
pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the
construction of two additions (deck enclosures) to the south side of Vail Cascade Hotel,
located at 1300 Westhaven Drive/Cascade Village Subdivision).
On March 24, 2008, the PEC recommended approval of the request. On April 15, 2008
Council approved the first reading of Ordinance No. 10, Series of 2008, with the
condition staff verifies the proposed parking table on Page 16 of the ordinance. Rogers
moved to approve the ordinance with Gordon seconding. The motion passed
unanimously, 7-0.
The eighth item on the agenda An appeal, pursuant to Section 12-3-3, Appeals, Vail
Town Code, of the Town of Vail Planning and Environmental Commission's approval,
with conditions, of a request for a final review for a development plan, pursuant to
Section 12-61-11, Development Plan Required, Vail Town Code; a request for final
review of a variance from Section 12-21-10, Development Restricted, pursuant to
Section 12-17-6, Criteria and Findings and Section 12-21-16, Right of Appeal; and a
request for final review of certain conditional uses, pursuant to Section 12-61-3,
Conditional Uses, Vail Town Code, to allow for a redevelopment of Solar Vail into a
mixed use development to include Type VI employee housing units, professional offices,
and public utilities installations including transmission lines and appurtenant equipment,
located at 501 North Frontage Road West/Lot 8B, Block 2, Vail Potato Patch.
Planner Scot Hunn reported that on March 24, 2008, the PEC approved, with conditions,
a request for a final review for a development plan, pursuant to Section 12-61-11, Vail
Town Code; a request for final review of a variance from Section 12-21-10, Development
Restricted, pursuant to Section 12-17-6, Criteria and Findings and Section 12-21-16,
Right of Appeal; and certain conditional uses, pursuant to Section 12-61-3, Conditional
Uses, Vail Town Code, to allow for a redevelopment of Solar Vail into a mixed use
development to include Type VI employee housing units, professional offices, and public
utilities installations including transmission lines and appurtenant equipment, located at
501 North Frontage Road West/Lot 8B, Block 2, Vail Potato Patch, and setting forth
details in regard thereto. Council "called -up" this PEC action at its April 1, 2008, public
hearing by a vote of 7-0-0. Cleveland said Council had several concerns with the project
including uninterrupted height and lack of setbacks, snow storage as well as the use of
town land for access to the project. Project architect Henry Pratt said the building site
had significant limitations due to setbacks and 40% slopes. Pratt said the easiest way to
limit height is to remove units. Campbell said certain zone districts allow for construction
on 40% slopes although the Housing Zone District does not. Property owner Johannes
Faessler said the location of the project is ideal for employee housing. Daly asked how
many units he intended to sell. Faessler said he would not sell any units. He said last
winter his hotel required between 70 and 80 employee beds. Faessler then said he
4
would utilize 2,500 sq. ft of office space and rent out the remaining 2,500 sq. ft. Rogers
said maximum density should be encouraged. Rogers moved to uphold the PEC's
recommendation subject to the PEC findings located on pg. 2 of the staff memorandum
with Gordon seconding. Cleveland said he had a problem with the project's driveway
being located on town land. Faessler said he was open to providing infrastructure
necessary for an ancillary project on an adjacent site. Town Attorney Matt Mire
recommended the development of a non-exclusive access easement. During a pause for
public comment, Vail Homeowners Association representative Jim Lamont encouraged
more articulation of the southern facade. "We need to strike a compromise... We need
to maintain a quality image for the community." The motion passed unanimously, 7-0.
The ninth item on the agenda was a proposed addition to the Town's Official Avalanche
Hazard Map at 4768 Meadow Drive/Lot 1, Block 7, Bighorn 5t" Addition.
Planner Bill Gibson explained that pursuant to Sub -section 12-21-13-H, Additions to
Maps, Vail Town Code: "If the applicant establishes at the hearing by clear and
convincing evidence that the information contained in the site specific geologic
investigation is reliable, the town council shall direct the Department of Community
Development to keep a copy of said site specific investigation on file in the Department
of Community Development and available to the general public and shall further direct
the department of community development to notate the appropriate official map
adopted by this chapter so that it indicates that said site specific investigation is on file
with the Department of Community Development." The applicant, Larry Deckard,
representing the property owner, submitted a site specific avalanche hazard study for
the subject property. The submitted study recommended amending the delineation of the
avalanche hazards on the subject site. Gibson then asked Council to direct the
Department of Community Development to keep a copy of said site specific investigation
on file in the Department of Community Development and available to the general public
and direct the Department of Community Development to notate the Official Avalanche
Hazard Map to indicate that said site specific investigation is on file with the Department
of Community Development. Newbury moved to approve the addition with Hitt
seconding. The motion passed unanimously, 7-0.
The tenth item on the agenda was the Park City Peer Resort Visit Outcomes.
Council members Hitt, Gordon and Rogers joined Mayor Cleveland in sharing their
observations following a recent peer resort visit they made to Park City, Utah. Daly
inquired if employee housing is a significant issue there. Hitt said in certain areas, Park
City has 100% on site employee housing requirements. He also noted the impressive
quality of the for -sale and rental employee housing units he toured. "They were much
more proactive in attacking the problem ... They make their decisions based on what was
best for the community and didn't make decisions based solely on profit." It was also
identified that the Park City area resorts offered a transit service for their employees
living in outlying areas. Rogers said the town should work to improve relations with Vail
Resorts as she saw the benefits of a positive municipality/ski company relationship. Hitt
encouraged placing open space in a third party trust to, "protect ourselves from
ourselves." Gordon said the town should continue to pursue a green building code.
Cleveland noted traffic on Main Street was a significant issue in Park City. He also
noted the Park City Chamber handled all of the special events. Council agreed to
continue scheduling peer resort visits as they are quite valuable and enlightening.
Zemler thanked Economic Development Manager Kelli McDonald and then Special
Projects Manager Jamie Gunion for their work in scheduling the visit.
The eleventh item First reading of Ordinance No. 11, Series of 2008, An Ordinance
Amending Title 4 of the Vail Town Code by the Addition of a New Chapter 12, Entitled
"Sexually Oriented Business."
Town Attorney Matt Mire explained Town Code did not have regulations concerning
sexually oriented business. Adding Chapter 12 "sexually Oriented Business" to Title 4 of
the Vail Town Code the council is insuring the public's health, safety and welfare by
establishing reasonable regulations to reduce the adverse secondary effects of such
businesses within the town. Rogers moved to approve the ordinance with Foley
seconding. The motion passed unanimously, 7-0.
The twelfth item on the agenda was the Second reading of Ordinance No. 8, Series of
2008, an Ordinance amending Chapter 12-3, Administration and Enforcement, Vail
Town Code, to establish procedures for approving public art in private development.
On October 22, 2007, the PEC voted to recommend denial to Council for proposed text
amendments requiring public art for certain development projects. On November 20,
2007, Council voted 4-3 to deny Ordinance No. 33, Series of 2007, which would have
codified those requirements. Council then directed staff to propose text amendments
including only the basic requirements and procedures for review of public art. The
proposed text amendments were based on the previous request, with requirements for
public art omitted, per Council's request. On March 10, 2008, the PEC voted
unanimously to recommend approval of the text amendments. On April 15, 2008, the
Council unanimously voted to approve Ordinance No. 8, Series of 2008, upon first
reading. Newbury moved to approve the ordinance for second reading with Rogers
seconding.
The thirteenth item on the agenda was the 2008 Asphalt Overlay Project.
Town Engineer Tom Kassmel asked Council to authorize the Town Manager to enter
into an agreement with B&B Excavating to complete the 2008 Overlay Project in the
amount of $269,941.48. Staff received two bids for the 2008 Overlay Project, with B&B
Excavating the low bidder. Submitted bids were within budget and below the engineer's
estimate. The project consists of a maintenance asphalt overlay on portions of roads in
East Vail, an asphalt mill and overlay of Vail Valley Drive from the South Frontage Road
to Gold Peak, and asphalt patching on East LionsHead Circle. The project is budgeted
as follows: $269,941.48 from the Capital Street Maintenance Budget.
Daly moved to authorize the Town Manager to enter into an agreement with B&B
Excavating to complete the 2008 Overlay Project in the amount of $269,941.48 with
Rogers seconding. The motion passed unanimously, 7-0.
The fourteenth item on the agenda was Adjournment.
Newbury moved to adjourn with Foley seconding at approximately 10:00 p.m. The motion
passed unanimously, 7-0
b
(Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Minutes provided by Corey Swisher.