HomeMy WebLinkAbout2008-07-15 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, July 15, 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
Mark Gordon
Farrow Hitt
Kevin Foley
Kim Newbury
Margaret Rogers
Andy Daly
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer
The first item on the agenda was Citizen Input.
Angela Mueller introduced herself as the new coordinator of the Vail Farmers'
Market.
Local restaurateur Bully Suarez expressed concern that no hanging flower
baskets had been placed in LionsHead.
LionsHead shop owner Tommy Neyens said someone had contacted him who
had recently had difficulty finding parking in the LionsHead parking structure. He
then said the West LionsHead Circle area was difficult to navigate for
pedestrians and bicyclists.
Dick Cleveland noted Councilman Andy Daly's son, Will, would be participating
in the Beijing Olympics (rowing). He also said better signs for the West
LionsHead Circle area should be installed.
The second item on the agenda was the Town Manager's Report.
➢ Summer Parking Strategies Update.
Parking and Transit Manager Mike Rose updated Council on the progress of
recently implemented parking strategies. Zemler explained the town had been
working with local contractors to help alleviate the parking shortage. Rogers said
she believed the community's frustration was growing. It was then reported the
recent closure of the Vail Valley Medical Center's parking garage had
exacerbated the lack of parking availability at the LionsHead parking structure.
Efforts are underway to provide additional relief with the opening of a temporary
parking lot near Golden Peak.
➢ Forest Health Update.
Fire Chief Mark Miller said he was excited about the progress of the town's forest
health work with the U.S. Forest Service, Eagle County and other agencies. He
then said the town's firewise assessments are up threefold from a year ago. Vail
Mountain representative Brian McCartney said Vail Resorts was making
arrangements with the Forest Service to cut between 800-1000 trees west of the
Eagle Bahn gondola line. Vail Resorts is also working with the Forest Service to
identify a plan for treatment of other pine beetle infested areas on the mountain.
Miller then reported three firefighters from the Vail Fire Department have joined
national relief efforts in California, where crews there have been battling
hundreds of wildfires throughout the state. Miller said the three firefighters were
called out as part of a National Interagency Cooperation agreement. The three
are awaiting assignment in Chowchita, Calif., located north of Fresno. The men
arrived July 13 and will remain a minimum of 14 days with expenses to be
reimbursed by the Forest Service with funds from the State of California. The
department's wildland fire response vehicle is also in use. In authorizing the
deployment, Miller says the department will benefit greatly from the first-hand
experience. To accommodate the California response, Miller says the
department has adjusted its staffing assignments to ensure Vail maintains its
regular level of service from the department. Other area agencies sending
resources to California include Eagle River Fire Protection District and Greater
Eagle Fire Protection District.
➢ East Meadow Drive Entry Feature.
Art in Public Places, acting on a recommendation from Town Council, asked
artist James G. Moore to submit a proposal for the Meadow Drive Entry Feature.
Moore, whose bell sculptures are currently on display in Ford Park, provided
AIPP with a written project description and sketches showing two possible
approaches. The design favored by AIPP is somewhat of an enlarged version of
Moore's Elements sculpture. A single bell is suspended from an approximately
fifteen foot high supporting structure. The bell, cast in bronze, would incorporate
colored glass, thus functioning as a lamp and reminiscent of the Arts and Crafts
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movement. AIPP believes this approach would compliment the surrounding
architecture which often incorporates hand -wrought metal features. The artist
provided the Town of Vail preliminary concepts at no charge. On July 7, the Art in
Public Places Board voted unanimously to pay the artist $2,000 to develop the
idea further, identify materials, compile a budget and provide several good and
accurate illustrations of the sculptures for presentation to the community in a
public meeting. Assistant Town Manager Pam Brandmeyer reported the update
was an opportunity for Council to call the item up.
➢ North Day Lot Update.
Town Manager Stan Zemler noted that in approximately two weeks project
architects and engineers would go through the North Day Lot proposal "with a
fine tooth comb" to develop cost estimates. Finance Director Judy Camp said the
town had budgeted $150,000 through the Vail Reinvestment Authority to pay for
the pre -planning work.
The third item on the agenda was a presentation of the "Project Plan" for the
LionsHead Parking Structure Redevelopment Project.
Using words such as "phenomenal" and "genius" to describe the most current
iteration of the proposal to redevelop the LionsHead parking structure, the Vail
Town Council voted 6-1, (Foley opposed) to direct town staff to return with an
approval process for the developer's current "project plan" submittal. The topic
will be presented to the Town Council at its August 5 meeting and will include
preparation of a resolution to adopt the project plan. In addition, Council directed
staff to prepare any amendments which will be necessary to address an unmet
provision that has been required of the developer — to modify a deed restriction
on the town -owned property which is held by Vail Resorts. The deed restriction,
in its current form, would prohibit some of the uses in the proposed
redevelopment. During earlier negotiations with the town which are contained in
a development improvement agreement, Open Hospitality Partners/Hillwood
Capital Partners had agreed to resolve the deed restriction issue prior to
submittal of the project plan. In explaining the delay, developer Mark Masinter
noted Vail Resorts Chief Executive Officer Rob Katz had expressed an interest in
reviewing the project plan submittal and to understand the Town Council's
desires before committing to a discussion on the deed restriction issue. As
submitted, the project plan includes a schematic, architectural internal and
external layout of the project, plus architectural uses and massing. It also
describes the vehicular and pedestrian circulation patterns for the project,
including a valet parking program and loading and delivery operations, and
otherwise depicts the final project design for both the town and the developer.
Masinter and his Texas -based development team received many accolades from
the Town Council and members of the audience for providing an abundance of
community benefits within the proposed project plan and for making adjustments
and modifications along the way. In particular, Masinter announced a change in
the proposed parking structure sequencing which no longer requires an off -site
interim solution during a three -phased construction process. The project would
increase parking from 1,150 spaces to 2,149 spaces; 1,770 of which would be
available for public use. Another modification announced at Tuesday's meeting is
a relocation of the proposed conference center that will integrate more closely
with the hotel facilities planned for the site. The conference center would be
44,000 sq. ft, expanding to 64,000 sq. ft. when the hotel facilities are in use. The
center would accommodate up to 1,000 people for a lecture or up to 2,000
people for a reception. In addition, Masinter announced the addition of a 200-
seat, sloped floor, fixed -seat auditorium as part of the conference center
amenities. As proposed, the center would be owned by a metro district and the
town would bear no liability for any losses. Rogers clarified there would be no
obligation on the part of the town to operate the conference facility. Other
components of the project are largely unchanged from earlier presentations:
➢ 240 hotel rooms
➢ 130 condominium residences
➢ 25 fractional fee units
➢ 77,000 sq. ft. retail -restaurant space
➢ Transit center to include space for 5 ECO buses and 3 hotel shuttle buses
➢ 6 underground loading and delivery bays
➢ Visitor Information Center
➢ Improvements to South Frontage Road and East LionsHead Circle.
According to the current developer agreement, approval of the project plan would
enable the developer to submit a formal development application to the town for
review by the PEC and DRB. If approved, the developer estimates construction
occurring from 2010 to 2014. Councilman Kevin Foley, who cast the only vote
against the action, said he'd prefer to hold onto the property to determine if the
current wave of redevelopment is successful and to better understand future
transit facility options. Tom Braun of Braun & Associates outlined and discussed
in detail the project plan. He clarified what was presented was not a PEC level
(detailed) design plan. 42/40 Architecture representative Lou Beeker explained,
"We are envisioning a pedestrian friendly environment welcoming all visitors into
town. Applicant representative Ron White explained the staging and intended
construction schedule for the project. In regard to employee housing, Masinter
said his group was confident they could find 25,000 square feet for on -site
employee housing. Cleveland said the project had a very city center urban feel.
Hitt encouraged the group to pay close attention to roof lines as melting snow
can be hazardous. In regard to Vail Resorts removing the deed restriction,
Rogers commented, "I would suggest you put your best negotiating team on
this ... You've got until September 15 to have Vail Resorts remove the deed
restriction." Daly said, "I don't think we can take this critical piece of property and
move forward with the project plan until we have full assurance Vail Resorts will
lift the deed restriction." Gordon said, "When I talk to my constituents this a
project we want ... But we have a big deal with the deed restriction." Braun
explained project approval would only allow Open Hillwood to submit a PEC level
application. "Mark isn't going to go through that trouble if the deed restriction has
not been lifted." During the public comment period, Tom Steinberg expressed
concern the transportation center in the proposal did not contemplate potential
monorail service. Vail Valley Partnership representative Chris Romer said the
lodging community was excited about the potential of the two proposed hotels
(St. Regis, W). Vail 21 resident Dave Gothenburg spoke in support of the project.
Local hotelier Frank Johnson then spoke in favor of the proposal. "You've
(Masinter) been able to accommodate what the community's needs are."
Executive Vice President of Steadman Hawkins Research Mark Prisant said the
proposed lecture hall was exciting and a great opportunity. Eagle County
Commissioner Peter Runyon questioned the significant increase in employees
created by the proposal and where they would be housed. Former Vail Town
Council Member Greg Moffet stated, "The amount of community benefit is
incalculable." Local hotelier Rob Levine urged Council to encourage Vail Resorts
to lift the deed restriction. "This is the opportunity for a lifetime for us ... It would
be a crime if it doesn't happen." John Neilson remarked, "I have never seen
such a demonstration in good faith ... This is one of the finest public/private
projects I have ever seen." Chuck Steers encouraged Council to move forward
cautiously. Gordon moved to direct staff to draft an amendment adopting the
project with Newbury seconding. I feel that this is an opportunity to continue
moving forward as long as staff can craft an iron clad agreement," commented
Cleveland.
The fourth item on the agenda was the 1-70 Fiber Optic Project introduction.
Information Technology Director Ron Braden asked Council for authorization to
enter into an Intergovernmental Agreement with the Colorado Department of
Transportation (CDOT) and an agreement with their contractor, TetraTek, for up
to $600,000 to extend fiber optic cable from MM 182 to MM 177. This
expenditure will be budgeted in the second supplemental appropriation of 2008.
Braden clarified CDOT did not have funds to expand the fiber to Dowd Junction.
Zemler commented, "This gets us a lot (communication capability) of what we are
interested in regard to managing 1-70 closures." Braden also said there are
numerous advantages to the town owning this fiber. During a pause for public
comment, Vail Homeowners Association representative Jim Lamont spoke in
support of the project. Rogers moved to approve the request with Gordon
seconding. The motion passed unanimously, 7-0.
The fifth item on the agenda was the First reading of Ordinance 15, Series of
2008, an ordinance amending Section 10-1-2, Adopted Codes, Vail Town Code,
in order to adopt the 2008 National Electrical Code, and Section 10-1-9,
Electrical Code Amendments, Vail Town Code, in order to adopt amendments to
the 2008 National Electrical Code.
Every three years, the administrator of the National Electrical Code (NEC), the
National Fire Protection Association (NFPA) conducts a public review process to
update the NEC. This year, the NFPA adopted the 2008 NEC, which will be
officially adopted by the State of Colorado on August 1, 2008. Gordon moved to
approve the ordinance with Rogers seconding. Daly said it was in the best
interest of the community to move forward with the code update. The motion
passed unanimously, 7-0.
The sixth item on the agenda was the First reading of Ordinance No. 16, Series
of 2008, an ordinance to allow for the rezoning of two unplatted parcels
commonly known as the "Vail Professional Building" and "Cascade Crossing"
from Arterial Business district to LionsHead Mixed Use-2 district and portions of
unplatted and unzoned South Frontage Road West right-of-way to LionsHead
Mixed Use-2 district
On October 22, 2007, the PEC voted 5-1-0 (Cleveland opposed) to forward a
recommendation of approval for the rezoning of the properties known as
Cascade Crossing, the Vail Professional Building, and portions of the South
Frontage Road West right-of-way that would become a part of developable lots
once the Frontage Road were relocated to parallel the interstate. Ruther
encouraged Council to table the item. "This is an eleven acre site and Vail
Resorts is essentially creating a new Village ... This will be the largest
development the town will see in the near future in terms of the acreage and the
size of the project... Things will continue to come up through the development
review process ... We are trying to be proactive and address the issues as we go
forward." Newbury moved to table the item to August 5 with Rogers seconding.
Vail Resorts representative Tom Miller said his company wanted to reopen the
lines of communication. Cleveland said the rezoning is probably the biggest
expansion of rights the town could provide. "We need to sit down with our
attorney and determine what is appropriate and what is not appropriate." Mire
explained, "We both have the same goal, the least amount of conditions as
possible." Applicant representative Dominic Mauriello explained, "It is a large
grant, but it doesn't entail the whole property." The motion to table passed
unanimously, 7-0.
The seventh item on the agenda was a request for second reading of Ordinance
No. 5, Series of 2008, an ordinance approving a major amendment to Special
Development District (SDD) No. 4, Cascade Village, pursuant to Section 12-9A-
10, Amendment Procedures, Vail Town Code, to allow for the development of the
Cornerstone Site
Planner Scot Hunn recommended Council approve, on second reading,
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 the Cornerstone
Site. On January 28, 2008, the PEC voted unanimously to forward a
recommendation for approval, with conditions, of an application for a major
amendment to SDD No. 4, Cascade Village, pursuant to Section 12-9A-10,
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Amendment Procedures, Vail Town Code, to allow for the development of the
Cornerstone Site. On July 1, 2008, the Vail Town Council held a public hearing to
consider Ordinance No. 5, Series of 2008, an ordinance approving a major
amendment to SDD No. 4, Cascade Village, on first reading. At that meeting,
Council voted 6-1 (Foley opposed) to approve, with conditions, Ordinance No. 5,
Series of 2008, on first reading. Rogers moved to approve the ordinance with
Newbury seconding. Rogers then withdrew her motion to allow staff the
opportunity to clarify a finding. Later in the evening Newbury moved to approve
the ordinance pursuant to the findings on page four of the staff memorandum
dated July 15, with Gordon seconding. The motion passed unanimously, 6-1 with
Foley opposed. Foley stated his vote was based on recent and past
discrepancies in allowable Gross Residential Floor area on the project site.
The eighth item on the agenda was the second reading of Ordinance No. 12,
Series of 2008, an ordinance amending Chapter 12-16, Conditional Use Permits,
to allow for the administrative review and approval of specific conditional
usesPEC080103) (10 min.)
On June 23, 2008, the PEC voted 6-0-0 to forward a recommendation of
approval for the prescribed text amendments of Ordinance No. 12, Series of
2008. The purpose of the proposed amendments is to streamline the town
development review process, while achieving the same development outcomes.
At its July 1, 2008, public hearing, the Town Council approved the first reading of
Ordinance No. 12, 2008, by a vote of 4-3-0 (Foley, Daly, and Hitt opposed).
Since the first reading, staff proposed to delete the word "significantly" from
proposed Section 12-16-10-B to address some of the Council Members'
concerns about the first reading. Daly moved to approve the ordinance pursuant
to the findings on page three of the staff memorandum dated July 15, with
Rogers seconding. The motion passed unanimously, 7-0.
The ninth item on the agenda was Resolution No. 14, Series of 2008, a
Resolution Approving an Intergovernmental Golf Course Lease Agreement with
the Vail Park and Recreation District.
The Town and the Vail Park and Recreation District (the "VRD") entered into a
golf course lease agreement on May 27, 1966. On March 4, 2008 Council
authorized the Town Manager to enter into a Master Facilities Lease Agreement
with the VRD expressly contingent upon the eventual approval of an
intergovernmental lease agreement with the VRD for the Vail Golf Course.
Newbury moved to approve the resolution with Foley seconding. Gordon
emphasized the importance of cooperation between the two entities. The motion
passed unanimously, 7-0.
--Adjournment.
Newbury moved adjourn with Foley seconding at approximately 10:22 p.m. The
motion passed unanimously, 7-0.
Dick Cleveland, Mayor
ATTEST:
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Lo elei Donaldson, Town Clerk