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HomeMy WebLinkAbout2008-05-20 Town Council MinutesVail Town Council Meeting Minutes Tuesday, May 20, 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 Kevin Foley Mark Gordon Farrow Hitt Kevin Foley Kim Newbury Margaret Rogers Farrow Hitt Not present: Andy Daly Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Input. Cleveland announced local resident Buddy Lazier recently qualified to race in the Indianapolis 500. The second item on the agenda was the Town Manager's Report. ➢ Fourth of July Policies. Police Chief Dwight Henninger outlined public safety plans for the July Fourth holiday, which includes maintaining the traditional youth curfew during the evening of the Fourth. "The only thing we are going to change is that regular Vail Transit and ECO bus service will continue as normally scheduled." ➢ Parking Structure Annual Maintenance Update. Brandmeyer reported annual cleaning and re -striping would be taken place over the next few weeks in the parking structures. Rogers encouraged the parking of construction vehicles in outlying areas of the structures to make more convenient spaces available for shoppers and diners. 1 ➢ 1-70 Overlay Update. Colorado Department of Transportation (CDOT) representative Gary Suiter explained 1-70 overlay construction would begin the following week. "Project work will take place from 6:30 p.m. through 6:30 a.m. Sunday through Thursday ... The project is scheduled to last 100 days with financial incentives in place to complete the project early." The overlay will include all of 1-70 between Dowd Junction and the East Vail exit. Suiter clarified a smaller aggregate pavement would be used to create a smoother ride and produce less road noise. Monthly meetings will be held in the Vail Town Council Chambers to keep the community informed of the progress. Hitt clarified a different general contractor was in place to perform the work than was used in 2007. CDOT Resident Engineer Martha Miller reported barriers would continue to be installed in Dowd Junction. "This year they will be pre -cast as opposed to cast in place." Zemler asked if pre and post road noise would be monitored. Miller said that work had not been part of the contractor's bid. Cleveland verified with Miller that adequate signage would be provided. Gordon thanked Suiter and Miller for their outreach efforts. The third item on the agenda was an Appointment to the VLMDAC. Assistant Town Manager Pam Brandmeyer asked Council to appoint one applicant to fill a vacancy on the VLMDAC (terms expire December 31, 2009) at the evening meeting. The mission of the VLMDAC is to strengthen the area economy by attracting visitors to Vail in the May to October time frame. Per C.R.S. 29-5-111 General powers of district. (1)(g) All applicants must be "owners of property within the boundaries of the district," which includes by definition corporations or entities which own property "within the boundaries of the district." Should an entity be appointed to this advisory council, it would then be up to that entity to appoint its designee. Additionally, owners of "taxable personal property" will be considered for appointment. The town received three (3) applications for the vacancy. The applicants were: Jamie Gunion, Todd Gurley and Michelle Kobelan. Newbury moved to appoint Gunion to the VLMDAC with Foley seconding. The motion passed unanimously, 6-0. The fourth item on the agenda was a Review of Development Options on the North Day Lot (NDL) and Provide a Decision to Proceed to Next Steps of the Preferred Option. Due to a predetermined conflict of interest (Vail Resorts affiliation) Mark Gordon recused himself from the item and left the Council Chambers. Public Works Director Greg Hall informed Council there were four primary questions related to the project Council needed to address: 1) What transportation modes should be placed on the north day lot? 2) What are the alternatives if we don't place all the modes on the site? 3) How do we pay for it? 4) Next steps? Council previously encouraged the redevelopment of the NDL to meet the goals of the master plan for this site. Specifically, that the uses of transit, skier drop off and hotel shuttles occupy the ground level of the site and these uses be placed on the eastern end of the site to better accommodate the users and provide a defined sense of arrival. Town staff and Vail Resorts Development Company (VRDC) staff and their design team provided revised development site plans. The presentation reviewed the pros and cons of each option as well as the costs. Staff recommended: 1) Place all modes on the site. 2) No alternative is needed except, if and when the LionsHead Parking Structure redevelops, move the transit vehicles to that site if the design for the transit center is similar to the Open/Hillwood proposal. 3) Secure the remaining federal dollars; pursue other transit fund sources available; and make up the difference with Tax Increment Financing, if a shortfall still exists, make it up using capital, Real Estate Transfer Tax (RETT) or General Fund dollars. 4) Set a 60-day period to meet with Vail Resorts to refine the design to better meet the concerns of all involved. Refine costs of the design and prepare an agreement for council approval authorizing the town's intent to move forward with the project. Rogers confirmed federal funds would not be available for the project if it did not include mass transit. Hall said he believed Concert Hall Plaza would not be impacted by development of the NDL. Ruther explained through the adoption of the master plan six fundamental design objectives were set that relate to the entire LionsHead study area. The six design objectives include: pedestrian environment; connections to the natural environment; vehicular circulation; transit; service and delivery; and parking. Hall confirmed there was a three year window on the availability of the approved federal transit dollars. This would mean the grant approval expires in 2010. Vail Resorts CEO Rob Katz told Council, "I think we agreed it would be a very good idea to have a transit center in LionsHead ... I think the issue we have with it is cost. The question is, is this a good use of funds? Should this be the priority? We think moving a transit center to EverVail will save between $12-15 million ... Is there a guarantee we will build EverVail... The answer is essentially yes ... We are ready to go (on the NDL) and we have been ready to go for quite some time ... We are very committed to meeting all the intentions and agreements we entered into in December." Landmark Condominiums legal representative Dan Wolfe said, "I'd like to remind Council this project is going to be pretty impactful on the Landmark ... I would suggest the North Day Lot is not the best location for a transportation Center ... I would ask that Council not approve buses on the North Day Lot." Landmark Homeowner Rita Evans spoke in opposition to placing a transportation center on the North Day Lot. Landmark Developer Ron Clarkson explained the Landmark planned to redevelop in the near future. Jeff Jacobs, general manager of the Westwind Condominiums (adjacent property) asked Council to perform an environmental impact assessment prior to developing a transit center on the North Day Lot. Kim Hughes, part owner of Concert Hall Plaza, encouraged Council to continue to develop the West LionsHead area. He also said he and his partners were willing to be partners with the town in their redevelopment. Local developer Ron Byrne encouraged Council to continue to move on the NDL post haste and take advantage of the developer's eagerness to continue. Katz clarified his transit center estimates did not include land costs. Vail Homeowners Association representative Jim Lamont said, "We have no clue what the demand for mass transit into this community is going to be ... We would be well advised to spend the money ... You (Council) are going to throw away our transit future for 120 employee housing beds?" Tom Steinberg commented, "The whole purpose of our bus system was to reduce our parking problems when we started our bus system 30 years ago ... The NDL is the logical place for the transportation center." Geoff Wright, general manager of Landmark Condominiums reiterated that the homeowner's association was adamantly opposed to using the NDL lot for buses. Rogers said she believed the town could not wait five to ten years (in reference to the LionsHead Parking Structure redevelopment) to obtain a new transit center. "The master plan identifies the North Day Lot as an ideal site for a transit center." Hitt spoke in support of transit on the NDL. He encouraged continuity with past Council decisions in regard to the development of the LionsHead Redevelopment Master Plan. Newbury said the town would do its best to mitigate the impacts of buses on the NDL. Foley said to try and "shoehorn" four bus stalls on the NDL would be wrong. Cleveland said he supported transit, but believed the transit center cost estimates would only continue to escalate. He then said he believed shuttle bus drop off was in fact skier drop off. Rogers moved to approve transit on the site as contained in site plan options one and two, with Newbury seconding. The motion passed 3-2 with Foley and Cleveland opposed. Rogers moved to extend the agreement with VRI for up to 60 days with Hitt seconding. The motion passed unanimously 5-0. Rogers clarified transit on the NDL would not be revisited. The fifth item on the agenda was an update to the Council on progress made in developing and reviewing three (3) site plan "options" based on planning goals and design parameters approved by the Council as well as comments from the Chamonix Site Master Plan Advisory Committee; a report on the Advisory Committee and neighborhood meetings held on May 7, 2008; and a request for clarification from the Council on the issue of unit mix and the "target market" for the anticipated `for -sale' housing product. Planner Scot Hunn asked Council to provide staff and the design team with clarification regarding approved master planning goals and design parameters, with specific regard to the preferred housing mix and the anticipated target market for the for -sale portion of the project. 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, Council authorized staff and the consultant team to proceed with conceptual design work for the Chamonix Site. On April 11, 2008, the Advisory Committee held a meeting to review three (3) preliminary site plan concepts for the site and provided feedback and suggestions to the staff and consultant team. Staff traveled to Aspen on April 17, 2008, to work with the consultant team to refine ideas and revisions generated from the advisory committee's comments. On May 7, 2008, staff hosted a Committee meeting, followed by an evening neighborhood meeting, to review the most recent site plan concepts. The intent of those meetings was to gain feedback from stakeholder groups regarding preliminary site plan "options" prior to commencing with any further design work. Project planner Gilbert Sanchez then reviewed three site plans with the primary focus being desired density. Foley, Cleveland and Hitt supported medium density, while Newbury and Rogers encouraged high density. Cleveland said he would not support a separate structure to house Fire Department student residents. Hitt said he believed it was imperative all fire house bays be drive - through so as to avoid fire apparatus reverse signals. It was established that 14 units per acre was the minimum threshold. Gordon commented, "I would like to view this project as a free market project and provide the market with what it wants." During a pause for public comment, Kaye Ferry asked if the Ambulance District would be involved in the planning. Zemler said the town had recently engaged the ambulance district. 4 The sixth item on the agenda was a Visitor Center Contract Discussion Determine next steps in the selection process as it relates to the future operation of the Visitor Information Centers. The current term of the operational contract with Vail Info, Inc., runs to September 30, 2008. Community Information Officer Suzanne Silverthorn informed Council that on October 1, 2005, Vail Info, Inc., assumed contractual operation of the Vail Visitor Information Centers in Vail Village and LionsHead following a request for proposal (RFP) process in 2005 and subsequent selection by the Vail Town Council from among three bidders. The contract provided an annual review process with the option to renew each year for a total of three years to be funded from the town's General Fund. The current term of the operational contact runs to September 30, 2008. Silverthorn then said it was the recommendation of the Visitor Information Center Committee to negotiate a new operational contract with Vail Info, Inc., for another three-year period effective October 1, 2008. "It is recommended the contract provide for an annual review process with the option to renew the contract each of the three years until September 30, 2011." This option was reviewed by the Town Attorney and was deemed an acceptable recommendation as it relates to the town's bidding procedures and processes for contractual services. The Visitor Information Center Committee also recommended continuation of the commission -free Council policy enacted in 2005 for overnight lodging bookings by participating Vail properties. Silverthorn stated, "The town is satisfied with the performance of the current operator, Vail Info. Inc." Silverthorn also said she had heard from the two chambers that had submitted proposals in 2005 and that neither organization was prepared to submit a proposal this year. Hitt said Vail Info. Inc. had been very creative and exceeded expectations. "I think we should absolutely continue with him." Hitt moved to extend the contract with Vail Info, with Foley seconding. The motion passed unanimously, 6-0. The seventh item on the agenda was an Art in Public Places (AIPP) Summer Exhibition, Workshop and Bronze Pour. AIPP Coordinator Leslie Fordham informed Council that AIPP holds an annual art exhibition in Ford Park. "This year, five sculptures by artist James G. Moore will be featured... Moore makes large scale bronze bells embellished with scenes of wildlife. In past years, the summer exhibition has included an educational component... There has been the opportunity to meet the artists and attend informational lectures. AIPP has identified an educational opportunity for the visual arts this summer that will excite residents and guests." Following the success of the Heavy Metal Weekend in January, AIPP requested permission to host a summer sculpture workshop and bronze pour. The workshop, a family event, will give people the opportunity to make their own small bells similar to those in the exhibition. Sculptures made in the workshop will then be cast in a "bronze pour" held in Ford Park. The bronze pour, a visually exciting event, would take place on July 24 and will capture the interest of those looking for an evening activity or leaving the Bravo concert. In addition to casting bells made in the workshop, AIPP will cast bells with the Vail logo that can be sold to raise funds for the program. The Summer Exhibition with a bronze pour and workshop will cost $14,945. AIPP budgeted $7,000 for the exhibition only. Sponsors have contributed $2,400 to the summer event. It was estimated $2,500 can be raised via the sale of bronze bells with the Vail logo. Income from the workshop is estimated to raise approximately $500. AIPP requires an additional $2,545 to fund the project. The AIPP 2008 budget holds a line item titled Acquisition/Project Fund. The Board will use the Acquisition/Project Fund to pay the remaining cost of the project. AIPP requested Council approve the expenditure for the Summer Exhibition, Workshop and Bronze Pour. Rogers moved to approve the request with Gordon seconding. The motion passed unanimously, 6-0. The eighth item on the agenda was the First reading of Ordinance No. 9, Series of 2008, an ordinance amending Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an addition to the Osaki Sushi Restaurant, located at 100 East Meadow Drive/Lot O, Block 5D, Vail Village Filing 1. Prior to the Evening Meeting, the applicant requested the ordinance be tabled until June 3, 2008. Newbury moved to table the ordinance until June 3, 2008 with Rogers seconding. The motion passed unanimously, 6-0. The ninth item on the agenda was the First Reading of Ordinance No. 13, Series of 2008, an Ordinance amending Chapter 12-2, Definitions, Article 12-7G, Heavy Service District, Chapter 12-14, Supplemental Regulations, and Chapter 12-16, Conditional Use Permits, Vail Town Code, to allow for sexually oriented businesses as a conditional use in the Heavy Service District. Planner Rachel Friede reported that on May 6, 2008, Council unanimously approved Ordinance No. 11, Series of 2008, upon first reading. Ordinance No. 11, Series of 2008 established licensing requirements for sexually oriented businesses with amendments to Title 4, Business and License Regulations, Vail Town Code. Ordinance No. 13, Series of 2008, includes proposed text amendments to Title 12, Zoning Regulations, Vail Town Code, that establishes sexually oriented businesses as a conditional use within the Heavy Service (HS) Zone District. On May 12, 2008, the PEC unanimously voted to recommend approval of the proposed text amendments to the Vail Town Council. Newbury moved to approve the ordinance with Foley seconding. The motion passed unanimously, 6-0. The tenth item on the agenda was the First reading of Ordinance No. 5, Series of 2008, an ordinance approving a major amendment to SDD No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the development of a mixed use development, located at 1276 Westhaven Drive (Cornerstone site). Through a request from the applicant, LO Westhaven, Inc., staff requested Council table the public hearing to consider first reading of Ordinance No. 5, Series of 2008, to their regular meeting of June 3, 2008. Newbury moved to table the item until June 3, 2008 with Rogers seconding. The motion passed unanimously, 6-0. The eleventh item on the agenda was the Second Reading of Ordinance No. 1, Series of 2008, an ordinance amending Chapters 12-13, Employee Housing, 12-23, Commercial Linkage, and 12-24, Inclusionary 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. 3 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. Council then held work session discussions concerning the proposed text amendments on March 24 and April 15, 2008. On May 6, 2008, Council approved the first reading of Ordinance No. 1, 2008, by a vote of 7-0-0. During a pause for public comment, Pam Stenmark said most employees chose not to live on site. Vail Homeowners Association representative Jim Lamont said he thought the zoning change was reasonable. Hitt moved to approve the ordinance with Rogers seconding. The motion passed unanimously, 6-0. Newbury left the meeting at approximately 10:20 p.m. The twelfth item on the agenda was the Second 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. The Town Code currently does not have regulations concerning sexually oriented business. By 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, 5-0. The thirteenth item on the agenda was a 2008 Curb and Gutter Repair bid. Staff has received one bid for the 2008 curb and gutter repair program. The submitted bid from B&B Excavating is within budget and within ten percent of the engineer's estimate. The project consists of removal and replacement of damaged concrete pan/curb and gutter. Gordon moved to a authorize the Town Manager to enter into an agreement with B&B Excavating to complete the 2008 curb and gutter repair in the amount of $379,876.93 with Rogers seconding. Foley clarified the work would take place throughout town. The motion passed unanimously, 5-0. The fifteenth item on the agenda was Resolution No. 11, Series 2008, a Resolution Approving an Intergovernmental Agreement Between the Town of Vail, Colorado and the Eagle River Water and Sanitation District (ERWSD) Regarding Drainage and Sewage Improvements Along Beaver Dam Road and Beaver Dam Circle. ERWSD is replacing the water and sewer lines in Beaver Dam Road and Beaver Dam Circle over the next two years. The Town of Vail needs to complete budgeted drainage and road improvements along Beaver Dam Rd and Beaver Dam Circle. It is in the best interest of both the Town and ERWSD to complete the projects simultaneously using one contractor. At the March 18th Council meeting, the Council gave staff direction to proceed with the development of an IGA with ERWSD to cost -share the project and bring it back to Council for approval once the construction bids had been opened and costs were known. ERWSD has since had the public bid opening and has awarded the contract to the lowest qualified bidder, Western Slope Utilities. The town's portion of work has been bid at $304,765.52 plus costs for field measured restoration. This project has been budgeted within the Capital Street Maintenance Budget. Foley asked 7 if landscaping along Beaver Dam Road would be adequately replaced. Hitt moved to approve the resolution with Foley seconding. The motion passed unanimously, 5-0. The sixteenth item on the agenda was Adjournment. Hitt moved to adjourn with Rogers seconding. The motion passed unanimously, 5-0, at approximately 10:30 p.m. Dick Cleveland, Mayor ATTEST: y J Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher.