HomeMy WebLinkAbout2008-02-19 Town Council MinutesVail Town Council Minutes
Tuesday, February 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
Farrow Hitt
Kevin Foley
Kim Newbury
Margaret Rogers
Andy Daly
Staff Members: Stan Zemler, Town Manager
Pam Brandmeyer, Assistant Town Manager
Matt Mire, Town Attorney
The first item on the agenda was Citizen Input.
Representing the Landmark Condominium Association, Bill Pendleton read a letter
stating the group's objection to the inclusion of a transit center in the North Day Lot
development proposal.
Paul Rondeau spoke in support of transparency in regard to the use of property tax
revenues.
Janet Testwuide asked Council to better evaluate traffic congestion management
practices during and after extended 1-70 closures.
The second item on the agenda was the International Federation of Sports Climbing
President Introduction (IFSC).
Joe Blair, Untraditional Marketing, introduced Anne -Worley Moelter, Executive Director
of USA Climbing. She announced the first bouldering World Cup event to occur in the
U.S. would take place in Vail during the early part of June. IFSC President Marco Maria
Scolaris was also present and said he was grateful Vail had decided to host the event.
The U.S. Olympic Committee will be in attendance.
The third item on the agenda was the Town Manager's Report.
• Chamonix Master Planning Focus Group update.
Planner Scot Hunn reported the planning group had met with local employers and
employees, including residents currently living in Vail Commons (a nearby affordable
housing development), infrastructure and public works personnel and an emergency
services group. He reported the Council goals for the project received endorsement
from the neighborhood. He also said there was backing for maximizing deed restricted
affordable housing on the parcel.
Vail Pass Closure Update.
Police Commander Steve Wright explained recent traffic congestion created by 1-70
closures, "Have gone beyond the scope of the Town of Vail and the Vail Police
Department ... We are vigorously pursuing a Comprehensive Eagle County Vail Pass
Closure Response Plan ... There are some opportunities to manage these instances
better." Wright emphasized the importance of collaboration between the Town of Vail,
CDOT and the Colorado State Patrol. "We are committed to finding a better mouse trap
than we have right now." Hitt asked how the East Vail chain -up could be better
managed. Wright then provided Council and the audience with an overview of the events
that took place during the most recent closure. "There is a disconnect between
communications with state government and municipal government." Daily asked what
could be done differently on a temporary basis. "I believe we have demonstrated to
CDOT their communications measures are lacking." Zemler said in the future he would
immediately open the emergency operations center to help manage the incident. Daly
commented, "We have to put the state on notice of our displeasure." Testwuide then
said she hoped to pursue legislation to limit tandem tractor trailer rigs on 1-70 during the
winter months.
The third item on the agenda was the Reallocation of balance in Conference Center
Fund.
Finance Director Judy Camp reported a November 2005 election rescinded a 0.5
percent sales tax and a 1.5 percent lodging tax that had been put into place in 2002 to
build and operate a conference center. The ballot question contained a further provision
that Council shall either: refund any remaining revenues from the taxes pursuant to a
refund methodology determined by the Council; or submit a question to the voters on
how such revenues shall be used. Council agreed to not pursue a refunding mechanism
at this time. Daly remarked, "The electorate voted for some bricks and mortar to support
the economy of this town." Monteneros Lodge representative Keith Odza stated, 'We
would like to see this continue to be formulated into a plan ... These funds were for a
conference center, not just heads in beds, but for the benefit of shopping, restaurants,
etc." Rob LeVine echoed Odza's comments. Paul Rondeau asked if various options
(i.e., menu) for the proposed use could be voted upon. Town Attorney Matt Mire
responded the ballot could be very flexible to include such an option if deemed
appropriate. Hitt clarified if the money was to be used to build a conference center it
would have to go to the vote of the people. Hitt then thanked the lodging committee for
taking a proactive role in regard to the issue. Hitt moved to defer a ballot question on the
conference center funds until at least 2009 with Daly seconding. Odza then said the
lodging community supported waiting a year on the decision. Rick Scalpello asked if
there was a time limit on how long the funds could be banked. Mire responded there is
nothing in the question or the case law placing a time limit. The motion passed 4-3, with
Foley, Newbury and Cleveland opposed.
The fourth item on the agenda was a Vail Wi-Fi Update.
Council had asked staff to provide an update on the status of the CenturyTel wireless
network and an overview of the existing agreement to ensure that CenturyTel is in
compliance with the terms of the agreement. The town's Information Technology
Director Ron Braden reported that in August 2006, following an extensive request for
proposal process, the town entered into an eight -year Wireless Broadband Network
Lease Agreement with CenturyTel to build, own and operate a town -wide wireless
network. To comply with state law that strictly forbids municipalities to own, operate, or
manage a municipal broadband service (without a vote of the people), this agreement
makes no reference to coverage areas, offerings, pricing, or service level agreements.
After a review of the contract by staff and counsel, it was determined that CenturyTel is
not in violation of the terms of the contract. As compensation for leasing public assets to
CenturyTel, the town receives free Internet access for residents and guests up to 60
minutes per day, free access to the network for municipal and public safety use, a 5
percent revenue share once the capital infrastructure of the network is paid off, a much
needed link to public safety agencies down valley and the addition of a competitive
Internet Service Provider (ISP). To date, CenturyTel has invested more than $1.2 million
on the network, while continuing to make improvements. Vail is the only municipality in
Colorado to have a town wide wireless network in partnership with a private sector
company. Additionally, the town has not spent any capital dollars to build or maintain
the system. In reference to the coverage areas, CenturyTel representative Erik Zimmer
explained, "In a lot of these residential areas, a simple laptop is not enough to connect
back to our network. We are offering a new CPE unit that will with the connection. We
are also continuing deployment of a community portal. The number -one problem we
have now is connection issues. Approximately 80 percent of the calls into the help
desk continue to be user -related issues. We are working with customers to help them
resolve these computer issues, as our number -one goal is to get people onto the
network". CenturyTel is adding 11 new nodes to increase network availability and
maintains a toll -free 24 hour help line.
The fifth item on the agenda was a Request to Proceed through the Development
Review Process.
The applicant, Triumph Development, is requesting permission to proceed through the
development review process with an application to amend the Vail Village Master Plan to
allow for mixed -use development on the south side of the Vail Transportation Center. An
overview of the amendment procedures outlined in the Vail Village Master Plan was
presented as well as an update on previous discussions. On February 5, 2008, the Vail
Town Council held a public hearing to discuss the potential to amend the Vail Village
Master Plan to allow for mixed -use development on the south side of the Vail
Transportation Center. The Vail Village Master Plan currently designates the south side
of the Vail Transportation Center as an open space buffer between the parking structure
and existing mixed -use development on the south side of East Meadow Drive. Upon
completion of the discussion, the Town Council unanimously voted to instruct staff to
proceed through the development review process with a proposed amendment to the
Vail Village Master Plan for further consideration. Staff determined the applicant needs
to gain permission from Council to proceed with a text amendment proposal, thus
necessitating the current request. The Community Development Department
recommended Council grant the applicant permission to prepare a proposed
amendment to the Vail Village Master Plan and submit an application to the Community
Development Department for review and consideration pursuant to the amendment
procedures outlined in the Vail Village Master Plan. An approval to proceed does not
grant approval of any amendments and does not give the applicant permission to
proceed through the development review process with a project on town -owned
property. Community Development Director George Ruther noted, "The first question
that has to be answered is ... Does the Vail Village Master Plan need to be amended?
This is not a forgone conclusion that the master plan will be amended ... If the answer to
that question is no, then the process stops." Steve Hawkins, general manager of the
Mountain Haus (adjacent property) spoke against an amendment to the master plan.
Rick Scalpello asked Council to use caution as they address the issue so they would not
encumber the value of the land and then spoke against the proposed project.
Representing the Vail Village Homeowners Association, Jim Lamont asked for an
analysis of the transportation center. He then questioned who would pay for a technical
analysis to determine if the structure's berm could actually be used for such a proposed
purpose. "1'm not confident that we can say we have our infrastructure under
control.... Housing is important but we need to be careful not to use it as an excuse to
encumber a major transportation node." Paul Rondeau questioned the process used to
determine how to proceed or why to proceed. Gwen Scalpello said she believed this is a
very reactive situation. Local business owner Brian Quail spoke in support of allowing
the applicant to proceed as it would add to the Vail "experience." Janet Testwuide
expressed concern about a deed -restricted housing component she had read about in
the newspaper proposed by the applicant, saying she preferred the town provide
housing for its own employees rather than others. Public Works Director Greg Hall
clarified the Village Parking structure had no significant capital improvements planned.
Cleveland expressed concern the town had enough large projects on its plate at the
moment. "We are taking on too much to do service to everything we have to do ... I think
the timing is just wrong." Gordon moved to allow the applicant to proceed with Rogers
seconding. The motion passed 4-2, with Foley and Cleveland opposed. Newbury left the
Council Chambers earlier in the evening.
The sixth item on the agenda Discussion regarding Town Council's direction for the
redevelopment of Timber Ridge Village Apartments. Specifically, policy direction
regarding Town Council's expectations on rental rates and occupants in a
redevelopment scenario.
Housing Coordinator Nina Timm explained that when the Timber Ridge Village
Apartments was purchased in July 2003, the then Town Council placed a deed
restriction on the property requiring 600 affordable rental beds. As the town
contemplates any redevelopment scenario for Timber Ridge it is essential to have a firm
understanding of Council's expectations regarding rental rates at Timber Ridge. Without
clearly defined expectations of rental rates and who the target residents are, it is difficult
to evaluate redevelopment scenarios effectively. Timm then asked for clear policy
direction on Council's rental rate expectations, if any, in any redevelopment of Timber
Ridge. Rogers emphasized a concern that the project's workforce housing component
remain affordable. Foley seconded Rogers remarks. Daly said he felt uncomfortable
moving forward without the town having a strategic housing plan. Hitt said he was not in
favor of rent control. "We have always approached this project to keep the deed
restrictions in place and the affordable question had never been part of the discussion to
date...To change gears now is not right....Let's see the proposal on the 18th of March
and decide to move forward or not." Zemler recommended providing guidance to the
developer based on the discussion and the Council's interest in seeing the property used
for the intended purposes of accommodating Vail's workforce. Representing the Vail
Chamber & Business Association, Kaye Ferry stressed the project must remain
affordable. "There will always be too much demand for what we have." She also said
the project should only be open to those employed within the town. Vail Local Housing
Authority (VLHA) Member Steve Lindstrom asked Council to use caution moving
forward. "Employee housing is critical infrastructure to the town ... Also, in May 2007, the
VLHA provided written recommendations to Open/Hillwood that included providing
affordable rentals." Paul Rondeau asked if the project would entail a lease or would
require the sale of the property. He then encouraged Council not to sell the land.
Representing the Vail Village Homeowners Association, Jim Lamont opposed the sale of
the land. A land lease allows the town to recycle uses in the future, he said. Rogers
moved to direct staff to continue to negotiate with Open/Hillwood Partners with the idea
to ensure rents only increase by a set amount with increases assigned to some regularly
established standard in perpetuity. Gordon seconded the motion. The motion passed 5-
1, with Foley opposed.
The seventh item on the agenda was the Dedication of an Eagle River Water and
Sanitation District (ERWSD) Construction and Permanent Easement on Willow Park
Town Engineer Tom Kassmel asked Council to consider whether to dedicate two
easements to the Eagle River Water Sanitation District for the purpose of construction of
a sanitary sewer line along Willow Circle this spring. One being a temporary construction
easement for staging of material and one being a permanent easement for future
maintenance and construction. ERWSD requested the town provide two easements on
Willow Park dedicated to ERWSD for the purpose of construction of a new sanitary
sewer line. The easements would facilitate the construction of the new line allowing the
new line to have a 0.7 percent grade, less impact on the existing sanitary sewer line and
provide additional areas for construction staging. It was explained staff believed the
construction could be limited to the existing town owned right of way and no easements
would be necessary. Kassmel stated the town continues to work with ERWSD to bring
projects to fruition. "In this situation, staff feels there is a better way to complete the
project." Rogers moved to deny the request with Hitt seconding. Cleveland said he was
concerned about what was best for the community. The motion failed, 3-3 with Foley,
Daly and Cleveland opposed.
The eighth item on the agenda was the 2008 Vail Road. 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 Vail Road overlay project
for the amount of $139,629.93. Kassmel explained Vail Road has undergone multiple
construction projects and is scheduled for an asphalt overlay in 2008. Due to the
numerous construction projects, the cost of the overlay will be cost -shared by multiple
entities and developers. Kassmel explained the town would administer the project and
will be reimbursed by these entities. Staff received a bid proposal from B&B Excavating
to complete the project for $139,629.93 of which the town is directly responsible for
$47,861.51. This amount is budgeted in the Capital Street Maintenance Budget. Daly
clarified the town had not advertised for bids on the project. Mire recommended the town
rebid the project. Hitt moved to table the item with Rogers seconding. The motion
passed unanimously, 6-0.
The ninth item on the agenda was the First 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 a mixed -use development, located at 1276
Westhaven Drive. (Cornerstone site).
Town Planner Scot Hunn stated that on January 28, 2008, the PEC held a public hearing
on a request for a major amendment to SDD No. 4, Vail Cascade, Section 12-9A-10,
Amendment Procedures, Vail Town Code, to allow for an increase in the allowable gross
residential floor area (GRFA) within Area A, Cascade Village, and to allow for the
development of the Cornerstone Site. Specifically, the applicant proposed to increase
the allowable GRFA for Area A from 289,145 sq. ft. to 295,611 sq. ft. (an increase of
6,466 sq. ft.) to facilitate the development of 23 free market condominium units, four
employee housing units, a new ticket office for lift ticket sales operations by Vail Resorts,
Inc., and underground parking on the site. Upon review of the request and a site specific
development plan, the PEC voted 6-0-0 to forward a recommendation of approval, with
conditions, of the request to amend SDD No. 4, Vail Cascade, to Council. Hunn then
clarified that the completion of the project, in addition to numerous on and off -site
improvements being proposed by the applicant, should be considered a public benefit.
President of Destination Resorts and Hotels, Jim Pavisha introduced the project's Land
Use Planner Rick Pylman. Pylman then provided a brief history of the SDD and guided
Council through a summary of the proposal's footprint and floor plan. "The present
situation is not a good guest experience." While discussing recreation path
improvements associated with the proposal, Kassmel explained the project served as a
piece of the puzzle to ultimately connect Donovan Pavilion and the Glen Lyon office
building. Hunn clarified there was no employee housing requirements contained in the
original ordinance that established SDD No. 4, in 1976. Ruther explained he would
confirm the total number of Tract A employee housing requirements before second
reading of the ordinance. Daly said the west side of the project should be no higher than
71 feet. "I don't see any reason we should be building that size of building on this site."
Rogers said she believed there should more parking and that the project did not contain
adequate public benefits. "I don't believe finishing the project is a public improvement."
Gordon said the project was headed in the right direction but needed more work. Hitt
commented, "I don't really believe the public benefits are there yet." Foley said, "I really
want to make sure the Cascade Village fulfills its entire employee housing requirement."
Cleveland noted, "There are insufficient public benefits to compensate from the Gross
Residential Floor Area (GRFA) deviations." During a pause for public comment, Liftside
Condominiums legal counsel Beth Heirs said the homeowner's association supported
the plan as submitted. At the request of the applicant, Daly moved to table the item to
March 18, with Hitt seconding. The motion passed unanimously, 6-0.
The tenth item of the agenda was the First reading of Ordinance No. 6, Series of 2008,
An Ordinance Amending Title 6, Chapter 3, Article D, Regarding Offenses Against Public
Peace.
Due to public transportation disturbances the Vail Police Department and Transit
Department requested an amendment to Title 6, Chapter 3, of the Town Code to add a
subsection that is similar to the C.R.S §18-9-114 for the Council's consideration.
Gordon moved to approve the ordinance with Daly seconding. The motion included an
amendment that would have made it identical to the state statute. The motion failed, 1-5
with Gordon voting in favor. Hitt moved with Daly seconding to pass the ordinance as
read. The motion passed unanimously, 6-0.
The eleventh Second reading of Ordinance No. 3, Series of 2008, an Ordinance
amending Chapter 14-10, Design Review Standards and Guidelines, Vail Town Code, in
order to amend the wildfire roofing regulations requiring Class A roof assemblies or
Class A roof materials in the Town of Vail.
Planner Rachel Friede reported that on February 6, 2007, Council adopted Ordinance
No. 3, Series of 2007, an ordinance requiring Class A roof assembly or Class A roof
covering materials and banning wood shake and wood shingles for all structures within
the Town of Vail. The regulations remained vague regarding nonconforming structures
and multiple ownership scenarios, relying on the regulations regarding compatibility of
materials to guide decision -making. Following recent decisions by the DRB to allow
different roof covering materials under certain circumstances, Council instructed staff to
propose text amendments to the regulations in order to clarify requirements and allow
different roof covering materials under certain circumstances in two-family and multi-
family dwellings. On December 10, 2007, the PEC reviewed proposed text amendments
and recommended approval with modifications. On December 12, 2007, Council held a
work session on the proposed amendments. Council members commented they were in
favor of the proposed text amendments, and asked that the DRB be given some
discretion in allowing compatible roofing materials. Rogers moved to approve the
ordinance with Hitt seconding. The motion passed unanimously, 6-0.
The twelfth item on the agenda was Resolution No. 3, Series of 2008, a Resolution to
establish Special Business Promotion Permits.
Special Events Coordinator Sybil Navas reported that over the past few years, she has
received numerous requests from businesses to hold promotional events that did not
meet the requirements for a special events permit. After consulting the business
community, staff has developed the Special Business Promotion Permit to allow
individual businesses to hold promotional events that include activities outside of day-to-
day business. On February 11, 2008, the PEC unanimously voted to recommend
approval of a resolution establishing Special Business Promotion Permits. Rogers
moved to approve the resolution with Hitt seconding. Daly asked if anything could be
done to simplify the town's processes. Staff responded that they were developing an
integrated permitting process. The motion passed unanimously, 6-0.
The thirteenth item on the agenda was Adjournment.
Daly moved to adjourn with Hitt seconding. The motion passed unanimously, 6-0.
Dick Cleveland, Mayor '
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V - S
Lorelei Donaldson, Town Clerk EA4L
Minutes provided by Corey Swisher.