HomeMy WebLinkAbout2008-08-19 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, August 19, 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
Kevin Foley
Kim Newbury
Margaret Rogers
Andy Daly
Not present: Farrow Hitt
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer
The first item on the agenda was Citizen Input.
Untraditional Marketing representative Joe Blair presented Council with a framed Teva
Mountain Games print in appreciation of the town's financial and marketing support.
The second item on the agenda was the Town Manager's Report.
➢ Chamonix Temporary Parking Proposal.
Public Works Director Greg Hall said very few people during a recent neighborhood
meeting supported the use of the property for parking. The proposal to construct a
temporary parking lot at the town -owned Chamonix site was recommended by the Vail
Parking Task Force with preliminary approval by Council to help increase the supply of
outlying parking for the upcoming winter season. Approximately 180 spaces could be
accommodated on the property, which is currently being master planned to
accommodate workforce housing and fire station development. The proposal will go
before the PEC on August 25. Gordon clarified Council's only recourse (or ability to alter
the proposal) would be to call the item up. Hall clarified there would be no vehicular
access to the proposed lot from Chamonix Road. Increased bus service to the lot would
be dependent upon the availability of bus drivers. Neighborhood resident and former Vail
Mayor Bob Armour said Hall's report was consistent with the information provided at the
meeting.
Daly entered the Council Chambers at approximately 6:12 p.m.
The third item on the agenda was a request to proceed through the development review
process to allow private improvements on Town of Vail owned property.
Planner Bill Gibson explained the applicants requested permission to proceed through
the development review process with an application to construct a second -floor deck on
the north side of the Bell Tower Building, located at 207 Gore Creek Drive, which
encroaches onto the Town of Vail owned Gore Creek Promenade. The applicant must
first obtain Town Council (i.e. property owner) approval before proceeding through the
town's development review process. The Community Development Department
recommended Council deny the applicant's request to proceed through the development
review process. Applicant representative David Baum of VAg Architects said the
encumbrance would allow the continued heavy detailing of the building. Cleveland asked
what benefit the community would gain from the proposed encroachment. Baum said, "It
does continue the beautification of the building which is a focal point of the Village."
Foley moved to deny the request with Rogers seconding. The motion passed
unanimously, 5-0. Daly abstained from the vote.
The fourth item on the agenda was the West Meadow Drive Reconstruction Project.
Town Engineer Tom Kassmel informed Council that the West Meadow Drive street
reconstruction project has been planned since 2001. The project includes street
reconstruction, drainage improvements, a raised paver sidewalk on the north side and
an at -grade paver walk on the south side, landscape planters, replacement of the cul-de-
sac planter, and new street lighting. The project is budgeted at approximately $3 million
between the Capital Project and RETT Funds. The project will be completed in two
phases; Phase I (Fall 2008) — Vail Road to the west property line of Four Seasons,
Phase II (Spring 2009) — Four Seasons west property line to cul-de-sac. Cleveland
clarified funds had been budgeted and were available. Kassmel then briefly discussed
the artistic elements of the project. Foley said the proposed contractor had performed
admirably on other projects throughout town. Rogers thanked staff for providing a bid
that came in under budget. Gordon moved to authorize the Town Manager to enter into
a construction contract with B&B Excavating for the reconstruction of West Meadow
Drive in a form approved by the Town Attorney with Rogers seconding. The motion
passed unanimously, 6-0.
Cleveland then asked what the Vail Resorts financial contribution would be for the
proposed Chamonix parking site. Vail Mountain Chief Operating Officer Chris Jarnot
said Vail Resorts would evaluate the costs as the proposal moves forward in the town's
review process.
The fifth item on the agenda was the First reading of Ordinance No. 18, Series of 2008,
an ordinance amending Chapter 12-3, Administration, and Chapter 13-1, General
Provisions, to establish notification of surface development regulations.
Planner Bill Gibson explained the proposed regulation amendment will bring the Town of
Vail's zoning and subdivision regulations into conformance with Title 24, Article 65.5,
2
Notification of Surface Development, Colorado Revised Statutes (CRS). On August 11,
2008, the PEC voted 5-0-0 to forward a recommendation of approval for prescribed
regulation amendments to Chapter 12-3, Administration, and Chapter 13-1, General
Provisions, to establish notification of surface development regulations, and setting forth
details in regard thereto. Gibson said the proposed ordinance was for clean-up or
housekeeping matters. "This is a state requirement and staff does recommend
approval." Rogers moved to approve the ordinance with Newbury seconding. The
motion passed unanimously, 6-0.
The sixth item on the agenda was Resolution Number 13, Series of 2008, A Resolution
Approving the First Amendment to Development Improvement Agreement between the
Town and Open Hillwood Partners (OHP) / Vail One LLC Concerning the LionsHead
Parking Structure; Approving the "Project Plan" Pursuant to the First Amendment to the
Development Improvement Agreement (DIA).
Town Attorney Matt Mire explained the town and OHP Vail One LLC entered into a DIA
on October 16, 2007. The Agreement sets forth the rights and obligations of the parties
with respect to the proposed mixed use development, including timeframes, deadlines
and target dates for the completion of certain tasks. Pursuant to the terms of the
Agreement, the "Project Plan" was required to be submitted by the developer for
consideration by Council by March 15, 2008. Thereafter, the developer requested and
was granted an extension of time, pursuant to Section 3.08 of the DIA, to the permitted
contract date of September 15, 2008 for review of the Project Plan. By letter dated June
5, 2008, the town notified the developer there were also issues concerning the
developer's compliance with deadlines set forth in the agreement concerning the
conference center proposal, as well as issues relating to the developer's employee
housing plan. On July 15, 2008, Council directed staff to return with an amended
approval process for the Project Plan submittal. In addition to establishing an amended
approval process for the Project Plan, the town and developer also wish to resolve by
amendment to the Agreement the above -referenced issues concerning the conference
center and employee housing. Mire then clarified the agreement stated the town would
not be responsible for any funding of the conference center housed in the project. The
amended agreement also gives the developer until March 17, 2009 to work with Vail
Resorts to address a current deed -restriction which requires the land to be used for
parking. The town would also have the option to grant additional extensions up to nine
months beyond the March deadline to resolve the deed -restriction issue. The original
agreement had required the deed -restriction hurdle to be addressed satisfactorily prior to
town approval of the project plan. Newbury moved to approve the resolution with Rogers
seconding. Gordon clarified the resolution allowed the developer to proceed with the
project but would not perpetually tie up the land. He then said his constituents have
urged him to allow the project to move forward. He then outlined what he believed to be
significant public benefits. "This is a very desirable project and we want to see it move
forward ... We want Vail Resorts to lift the deed restriction on the parking structure." Daly
clarified, "The agreement terminates by its own terms if no resolution is found by the
March date." The motion passed unanimously, 6-0.
The seventh item on the agenda was Resolution No. 16, Series 2008, a Resolution
Approving the Intergovernmental Agreement between the Town of Vail, Colorado and
the Colorado Department of Transportation (CDOT) Regarding a Fiber and Intelligent
Transportation System Equipment Installation on Interstate-70 (1-70) and
Responsibilities of Both Parties.
Information Technology Director Ron Braden explained that as part of the 1-70 West
Corridor Management Project, which was completed in 2006, CDOT deployed a fiber
optic backbone communications network from Denver west through the Eisenhower
Johnson Memorial Tunnels to the Frisco exit. This completed a permanent Center -to -
Center (C2C) connection between the Colorado Transportation Management Center
(CTMC), located in Golden, and the Eisenhower Johnson Tunnel Management Center.
CDOT also installed necessary computer and networking equipment to operate its fiber
optic network, and to communicate with and control Intelligent Transportation Service
devices such as cameras, dynamic message signs, weather stations, travel time/speed
indicators, etc., from the CTMC. CDOT is currently continuing with the deployment of the
fiber optic communications backbone from the Frisco exit (approximate Mile Point 199)
to the west side of Vail Pass (approximate Mile Point 182). The town's desire to upgrade
local communications along a segment of 1-70 from the referenced end point on the west
side of Vail Pass (approximate Mile Point 182) to the West Vail Interchange
(approximate Mile Point 173) which would extend the project an additional nine miles to
the west. The actual length of the project extension will be determined by the amount of
funding the town is able to secure; however, the project extension will be at least to Mile
Point 177. The project will allow the town to view and control existing and future (CDOT)
1-70 cameras from Denver to Grand Junction. The town will also be able to see real
time the content being displayed on the 1-70 variable message signs. Daly emphasized a
belief that the cost of the project allowed the town expensive access to the CDOT
information system. Braden noted that in addition to access into the CDOT information
system, the Town will own 12 fiber strands for its exclusive use from the top of Vail Pass
to the West Vail Interchange. Gordon stressed the project could eliminate currently
existing emergency radio communication dead spots. Braden explained that a funding
request for radio repeaters would occur in 2009-2010 as part of the county -wide radio
upgrade project. Daly asked Zemler if the plan was a high priority. Zemler responded,
"It's a good opportunity... We are in a good position to make an investment like
this ... This project is the number -one priority for the (CDOT) Region Three allocation of
Senate Bill 1 money ... I don't want to guarantee we'll be reimbursed, but I am
encouraged." Gordon moved to approve the resolution with Foley seconding. Daly said
he thought the IGA was premature and the town would be better served to wait a year.
Cleveland said he had mixed feelings on the IGA, but the project had the potential to
save lives. "I'm willing to take a chance at this point." Rogers said she wanted to
negotiate a little harder with the county. (Eagle County offered $210,000 in funding for
the use of four out of 12 fiber-optic strands) "It's clearly to the benefit to the county as
well as to the town." Zemler said the county could potentially be offered only two strands.
The motion failed, 3-3 with Newbury, Daly and Rogers opposed. Rogers moved to
approve the IGA if the county agreed to pay for a proportional share of their fibers
($65,000 per strand) with Foley seconding. The motion passed 4-2, with Newbury and
Daly opposed. Braden said a decision on the matter was very time sensitive
The eighth item on the agenda was Resolution No. 18, Series 2008, a Resolution
Approving Addendum Number 41 to the Establishment Contract for the Rocky Mountain
Rail Authority (RMRA) in Order to Effectuate the Town of Vail's Membership.
Mire explained The RMRA was established on November 20, 2006, for political
subdivisions of the State of Colorado to define, promote and implement mass
transportation services and solutions to Colorado's growing transportation infrastructure
needs, and to bring focus to the development of high-speed rail in the transportation
4
corridors of Colorado. In order to effectuate the town's membership in the RMRA the
town must execute the attached Addendum Number 41 to the Establishment Contract
for the RMRA, as amended by the First Amendment to Establishment Contract (the
"Addendum"). Mire explained the resolution was a housekeeping matter and would give
the town a voting seat in the association. Newbury moved to approve the resolution with
Rogers seconding. The motion passed unanimously, 6-0.
The ninth item on the agenda was Adjournment.
Newbury moved to adjourn with Foley seconding at approximately 7:10 p.m. The motion
passed unanimously, 6-0.
Dick Cleveland, Mayor
ATTEST:
1/
�J
Lorelei Donaldson, Town Clerk