HomeMy WebLinkAbout2009-03-17 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, March 17, 2009
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
Kim Newbury
Kevin Foley
Margaret Rogers
Andy Daly
Not present: Farrow Hitt
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Input.
Local hotelier Keith Ozda, speaking on behalf of a citizen's committee in regard to the
town's conference center funds, said the committee supports the hiring of hospitality
industry expert James Chung to explore opportunities for health and wellness related
facilities and programs in the town.
Rich Self asked for the discussion in regard to a proposed amendment to the Vail Village
Master Plan to be rescheduled with adequate two week notice.
Vail Symposium representative Rob Levine announced that on April 17 at the Westin
Riverfront Hotel in Avon, a collaboration of 11 non-profit organizations would host a
single symposium event. He reported all organizations had "life long learning" in their
mission statement.
Paul Rondeau asked for Vail Recreation District (VRD) participation in the town's Annual
Community Meeting. He then emphasized a perceived need for the town to do more to
make property tax bills more transparent.
The second item on the agenda was the Town Manager's Report.
Nothing was reported.
The third item on the agenda was the Determination of 2008 Direct Report Merit Raises.
Cleveland said Council only has three employees. Those are the Town Manager, Town
Attorney, and Municipal Judge. He reported all three requested to decline their merit
raises for 2008. Daly said he appreciated the employee's gestures. Rogers said, "You
guys are the ones left holding the bag I think ... And when the tide turns I would like to
return this to them as soon as we can." Gordon emphasized it was Council's
responsibility the raises were not received in 2008 and spoke against accepting the
offers. Daly moved to accept the offers with Rogers seconding. The motion passed 5-1,
with Gordon opposed.
The fourth item on the agenda was the Review of Vail Village Dispersed Loading and
Delivery Pilot Program and Consideration of Short -Term and Long -Term
Recommendations.
Community Information Officer Suzanne Silverthorn asked Council to review the
recommendations regarding loading and delivery policies in Vail Village and approve or
modify as needed. Since January 9, 2009, a pilot program for loading and delivery in Vail
Village has been underway following Council's approval on November 18, 2008. The
pilot program has represented a key milestone in the town's efforts to facilitate a
dispersed loading and delivery network in Vail Village using a combination of
underground delivery bays, including the newly -opened Mountain Plaza facility with its
13 public bays and on -street loading zones. Up to four additional public loading and
delivery bays are under construction at Solaris and will be opened in 2010 to complete
the Village core public improvements for loading and delivery. Dispersed operations
have been underway in LionsHead since June 2008 with the opening of six public
loading and delivery bays at the Arrabelle at Vail Square.
Loading and Delivery policies for Vail Village have been approved for the remainder of
ski season and into summer following a review of the village core pilot program by the
Vail Town Council on March 17. Rogers moved to approve the staff recommendation
with Gordon seconding. The motion passed unanimously, 6-03he adopted policies are
as follows:
Village Core Policies
• On -street delivery available from 4 a.m, to 8:30 a.m. on Bridge Street and
from 4 a.m. to 10:30 a.m. on Gore Creek Drive.
• 5-minute, attended vehicle skier drop-off available on Hanson Ranch
Road across from the Christiania Lodge from 6 a.m. to 6 p.m. Loading and
delivery available for 30 minutes of unattended parking for vehicles less than
20 feet in length from 6 p.m. to 2 a.m. No parking from 2 a.m. to 6 a.m.
• Permit only parking available at the Mill Creek Court Building loading
zone for vehicles less than 20 feet in length from 6 a.m. to 6 p.m. No parking
from 6 p.m. to 6 a.m.
• Designated zones for use by couriers (USPS, UPS, Fed Ex):
o Gore Creek Drive, north side, east end of Gorsuch Building from 6
a.m. to 6 p.m.
o Two spaces at the south end of the Willow Bridge Road loading
zone (next to Checkpoint Charlie) from 10:30 a.m. to 6 p.m.
o East Meadow Drive in front of Vail Boot and Shoe from 8 a.m. to 6
p.m.
• Outlying, dispersed loading and delivery available from 6 a.m. to 6 p.m.,
including use of the Mountain Plaza facility with 13 public bays.
• In the event of a closure on Vail Pass, on -street delivery hours will be
extended as needed. The list of numerous exceptions developed previously
will apply, as well as the Code of Conduct for drivers.
• Continue police education and facilitation program using enforcement
measures when appropriate and warranted.
In addition to the policies outlined above, Council authorized a new pilot program and
additional coordination by town staff to address issues on East Meadow Drive as follows:
East Meadow Drive Pilot Proaram, March 18 to Julv 7. 2009
On -street delivery available within specific loading areas on the north side from 5
a.m. to 8 a.m. Delivery drivers will implement the techniques identified in the
Code of Conduct to reduce noise impacts. Drivers will enter from the east from
Village Center Chute or Checkpoint Charlie to access and must not impede bus
service which begins at 6 a.m. No parking next to La Bottega at any time;
violators will be ticketed. See Checkpoint Charlie for a map indicating the location
of these interim loading zones.
East Meadow Drive Collaborative Efforts
Work with private property owners and delivery drivers to pursue increased use
of existing on -site loading zones.
Explore the concept of a lift to connect the lower level of the Vail Plaza Hotel
loading and delivery area to the Village Inn Plaza commercial core area as well
as all other possibilities to facilitate ease of deliveries from the Vail Plaza Hotel
loading facility. Determine town's role in funding such improvements with a plan
for equitable reimbursement.
Work with affected parties to prepare a recommendation for incremental
adjustments in the loading and delivery policies to accommodate the future use
of loading docks at Solaris on East Meadow Drive which will open in 2010.
Other Actions
• Work with affected parties to design a permanent solution for loading spaces on
Gore Creek Drive east of Bridge Street to address acknowledged deficit.
• Amend delivery regulations for summertime use if necessary. Discussion would
occur during July 7 Town Council review.
Next Steps
Continued monitoring of loading and delivery policies by town staff with interim
adjustments and increased enforcement where necessary.
Reconvene Loading & Delivery Working Group and other interested parties in
June 2009 to evaluate pilot program and identify other issues for Town Council
consideration.
Present update to Town Council on July 7, 2009.
Community Development Director George Ruther clarified Village Inn businesses have
benefited from the contemplated improvements. In regard to a proposed lift at the Vail
Village Inn, Ruther commented, "Hopefully we can get better cooperation with the
property owner... In the past it has primarily been a financial issue." United States Postal
Service representative James Armstrong spoke in support of staff's recommendation
and applauded their efforts. Herman Staufer said the Village Inn Homeowner's
Association (Phases II & III) should have a representative present to clarify the reasons
for not allowing improvements (the aforementioned lift) to be made on Village Inn
property. Vail Homeowner's Association representative Jim Lamont said the lift proposal
was a band -aid and not a qualitative solution. "We need to understand there are
solutions here but we are going to have to sit down and find the more practical
solutions... The goal here is to maximize the use of the building's loading and delivery
facilities." Village Inn Phase V property owner Richard Leibhaber clarified Vail Village
Inn Phase V has had nothing to do with limiting access to Phase III and Phase II. He
said he believed the staff proposal was making a concession to the vendors. "I don't feel
the vendors have acted in good faith and I certainly don't want to see them rewarded."
Phase V owner Hubert Wagner said the relationship with the Village Inn owners and the
Vail Plaza Hotel was very poor during the construction of the Hotel. Herman Staufer
then offered what he believed to be alternative solutions for courier deliveries. Local
hotelier Johannes Faessler said he had heard no noise complaints caused by the
delivery position located immediately south of La Bottega Restaurant although he did
encourage moving the loading area farther to the east. Phase V owner Chris Anderson
encouraged moving the La Bottega delivery area farther east. Cleveland emphasized the
town thrives on service and must mitigate as much noise and congestion for the
residential property owners.
The fifth item on the agenda was the Building & Fire Code Appeals Board (B&FCAB),
Design Review Board (DRB),Planning and Environmental Commission (PEC), Liquor
Licensing Authority (LLA), and Art in Public Places (AIPP) Board Appointments.
1) Appoint three applicants to the PEC for a term of two years each (through March 31,
2011).
2) Appoint two applicants to the DRB for a term of two years each (through March 31,
2011).
3) Appoint two applicants to the AIPP for a term of three years (through March 31,
2012)**
4) Appoint one applicant to the LLA for a 2-month term ending June 30, 2009.
5) Appoint one applicant to the B&FCAB for a term of five years (through March 31,
2014).
There were three vacancies for PEC, two vacancies for DRB; two vacancies for AIPP;
one vacancy for LLA, and one vacancy for the B&FCAB. The Town received six (6)
applications for the PEC; three (3) applications for the DRB vacancies; two (2)
applications for the AIPP; one (1) application for the LLA vacancy; and two (2)
applications for the B&FCAB. Incumbent members of the PEC, DRB, AIPP, LLA, and
B&FCAB are noted by asterisks below. Council interviewed each applicant at the work
session and then was asked to appoint three applicants to the PEC; two applicants to
the DRB; two applicants to the AIPP, one applicant to the LLA and one applicant to the
B&FCAB, at the evening meeting. The applicants are as follows:
PEC:
Pamela Hopkins
Stephen Katz
DRB:
Thomas Du Bois*
AIPP:
Dorothy Browning*
Michael D. Kurz* Brian Gillette* Brittany Kennedy
Scott Lindall Michele Kobelan
Scott Proper*
David Viele*
LLA:
K.J. Williams
B&FCAB:
Thomas Du Bois*
Steven Loftus
Newbury moved to appoint Browning and Kennedy to the AIPP with Daly seconding.
The motion passed unanimously, 6-0.
Daly moved to appoint Williams to the LLC with Newbury seconding. The motion
passed unanimously, 6-0.
Daly moved to appoint Kurz, Lindall and Viele to the PEC with Newbury seconding
PEC. The motion passed unanimously, 6-0.
Foley moved to appoint Loftus to the B&FCAB with Newbury seconding. The motion
passed unanimously, 6-0.
Foley moved to appoint Du Bois and Gillette to the DRB with Daly seconding. The
motion passed unanimously, 6-0.
The sixth item on the agenda was a Request for permission to proceed through the
Town's development review process with a proposal to replace an existing egress path,
located on Town -owned property, located on Tract I, Block 5E, Vail Village Filing 1,
adjacent to Talisman Condominiums at 62 East Meadow Drive (Tract K-L, Block 5E, Vail
Village First Filing).
Planner Rachel Friede requested Council approve, approve with conditions, or deny the
applicant's request for permission to proceed through the development review process
for improvements on town -owned property. The Talisman Condominium Association is
required to have egress from the dwelling units on the south side of the building per
applicable building and fire codes. The Talisman built a stone path around the time of
initial construction in 1971. In 1997, the Talisman Condominium Association received a
revocable right-of-way permit from the town for installation of a new concrete path and
fence, although the existing path and fence were maintained. While the improvements
are in the Gore Creek stream setback, they are legally non -conforming and may
continue to exist so long as the non -conformity does not increase. Friede recommended
Council approve with conditions, the applicant's request to proceed through the
development review process, with the following conditions:
1. The applicant shall construct an egress path as close to the applicant's property as
possible, and with the minimum width required to meet applicable building codes.
2. The applicant shall remove the fence constructed on town -owned property.
3. The applicant shall utilize a material that is more permeable than the existing
concrete, such as flagstone or a similar material.
4. The applicant shall enter into an easement agreement with the Town of Vail in a
form deemed suitable by the Town prior to final inspection of the improvements.
Gordon clarified nothing proposed should negate the possibility of a future stream walk
on the site. Cleveland emphasized the agenda item was strictly a request for permission
to proceed and any desired conditions of approval from Council should come later after
the proposal is reviewed by the DRB and PEC. Talisman property owner Bill Amos said
he wanted the area to look nice again but he didn't want to go through a lot of arduous
process. Foley moved to approve the request with Newbury seconding. Gordon said
he thought it was his job to protect the rights of all Town of Vail property owners. The
motion passed unanimously, 6-0. The motion was passed with no attached conditions.
The seventh item on the agenda was the First reading of Ordinance No. 3, Series of
2009, an ordinance adopting prescribed regulation amendments, pursuant to Section 12-
3-7, Amendment, Vail Town Code, to Section 12-61-8, Parking and Loading, Vail Town
Code, to amend parking requirements in the Housing (H) zone district.
Planner Nicole Peterson and Housing Coordinator Nina Timm explained the previous
direction of Town Council and the Vail Local Housing Authority (VLHA). The Community
Development Department has prepared amendments to the parking requirements in the
Housing (H) zone district to reflect this direction. The purpose of the amendments is to
create predictable, quantifiable and enforceable policies that replace discretionary
review with a more predictable process that eliminates confusion and delays in the
review process for the town and the developer. On February 9, 2009, the PEC held a
meeting to forward a recommendation to Council for Ordinance No. 3, Series of 2009. A
motion to recommend approval of Ordinance No. 3, Series of 2009, failed with a tie vote
(3-3-0 Proper, Kjesbo and Tjossem opposed). Timm and Peterson emphasized the
ultimate goal of the ordinance was to provide developers with a predictable and timely
understanding of any reduction in parking requirements. Rogers wants to ensure the
option for a parking reduction greater than 25% is available under special
circumstances. Daly asked why the group focused on per unit as opposed to per bed
requirements. "The change that is driving parking demand is the number of beds not the
number of units... We have situations in Timber Ridge redevelopment proposals where
eight beds exist in a unit... So why wouldn't we look at a per bed zoning direction."
Newbury said she believed parking requirements were not driving developer decisions
regarding unit mix but rather meeting their employee housing requirements. Zemler
expressed concern about current Timber Ridge redevelopment responses to the
Request for Proposals (RFP) that was issued by the town. Zemler has requested
responses based on today's parking requirements. Daly emphasized he just wanted to
measure demand most accurately. Rogers moved to table the item until April 21 with
Daly seconding. Cleveland questioned the inclusion of bicycle parking. During a pause
for public comment, local hotelier Johannes Faessler said he believed parking
requirements should emphasize smaller units housing fewer people. "This will
encourage quality housing not quantity housing." Municipal Court Judge Buck Allen said
he was aware of parking shortages occurring at a Breckenridge affordable housing
complex. "It really doesn't work very well... If you are going to have employees they are
going to have cars and it's something you might want to look at." The motion passed
unanimously, 6-0.
The eighth item on the agenda was the First reading of Ordinance No. 7, Series of
2009, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006,
establishing Special Development District (SDD) No. 39, Crossroads.
On March 9, 2009, the PEC held a public hearing on a request for a major amendment
to SDD No. 39, Crossroads to increase the maximum allowable number of dwelling units
from 77 to 78 dwelling units, located at 141 and 143 Meadow Drive, and setting forth
details in regard thereto. Upon review of the request, the PEC voted 6-1-0 (Pierce
opposed) to forward a recommendation of approval of the request to amend SDD No.
39, Crossroads to Council. Warren Campbell reported the applicant requested the item
be tabled. Rogers then moved to table the item until April 21 with Daly seconding. The
motion passed unanimously, 6-0.
The ninth item on the agenda was Resolution No. 7, Series 2009, a resolution adopting
an amended budget and making appropriations to pay the costs, expenses and liabilities
of the Vail Local Marketing District (VLMD), for its fiscal year January 1, 2009 through
December 31, 2009.
Vail Local Marketing District Advisory Committee (VLMDAC) Treasurer John Dawsey
asked Council to adopt the amended budget and appropriate an additional $104,000 that
was collected in 2008 but not budgeted in 2009 for marketing related expenditures
beginning on the first day of January 2009 and ending on the 31st day of December
2009. Dawsey explained that contingencies arose during the fiscal year 2009 which
could not have reasonably been foreseen or anticipated by the VLMDAC at the time it
enacted Resolution No. 17, Series 2008, adopting the 2009 Budget for the VLMD. Daly
moved to approve the resolution with Rogers seconding. Foley said he would vote no
because he believed the VLMD should directly fund some portion of special events. The
motion passed 5-1, with Foley opposed.
The tenth item on the agenda was Resolution No. 8, Series 2009, a Resolution
Approving an Amendment to the Core Site Employee Housing Agreement between the
Town of Vail and the Vail Corporation.
Due to a predetermined conflict of interest (affiliation with Vail Resorts) Gordon recused
himself from the item and left the Council Chambers. On December 11, 2007, the
Council passed Resolution No. 29, Series 2007 authorizing the town to enter into a Core
Site Employee Housing Agreement with the Vail Corporation d/b/a Vail Associates, Inc.
(VR) regarding VR's employee housing obligations required in connection with VR's
development of the Arrabelle at Vail Square project (the "Core Site Housing
Requirements"). The town and VR have mutually determined the development site
owned by VR and commonly known as the "North Day Lot" will constitute an acceptable
site for developing a project to comply with the Core Site Housing Requirements, and
VR presently intends to proceed with the development for that purpose on the North Day
Lot. The town has given requisite development approvals for the North Day Project by
actions of the PEC on February 4, 2009 (with modified conditions adopted by Council on
March 3, 2009), and of the town's DRB on February 18, 2009. The agreement
establishes a date for which a building permit must be obtained and construction must
commence for the North Day Project. The town and VR mutually agreed to amend the
agreement as it relates to the construction commencement date. Newbury moved to
approve the resolution with Rogers seconding. Foley said, "It is unconscionable we (the
town) have to wait four years to see the employee housing requirement for the Arrabelle
met." Newbury echoed Foley's comments. The motion passed 3-2 with Foley and Daly
voting in opposition.
The eleventh item on the agenda was Consideration of an extension to the Development
Improvement Agreement by and between the Town of Vail and OHP Vail One, LLC for the
redevelopment of the LionsHead Parking Structure.
7
Town Attorney Matt Mire explained the town and OHP Vail One LLC entered into a
Development Improvement Agreement (DIA) on October 16, 2007, for the redevelopment of
the LionsHead Parking Structure. 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, to the permitted contract date of September 15, 2008, for
review of the Project Plan. The amendment approved in September of 2008 provides that if
the deed restriction agreement has not been executed by March 17, 2009, the agreement
shall immediately terminate, unless such target date is extended. Mire then reported the
developer has submitted a request for extension until June 15, 2009. Daly asked if staff had
a recommendation on the matter. Zemler said there were significant physical repairs that
have been put off due to anticipation of the structures redevelopment. "We are increasingly
concerned about the quality of the product... There is a series of things we would want to
begin to undertake... We are also four years into your tax increment financing
capability... The LionsHead Parking Structure area is an excellent location to use tax
increment funds." Rogers clarified extending the agreement would delay some much
needed repair projects. Daly said he did not believe any large project could be realistically
financed within the next five years due to a perceived lackluster residential luxury market
demand. "Is there any point in making a short-term extension... This is not in the best
interest in the town." Zemler clarified he believed any perceived project timeframes would
be purely speculative. "We have things that we should do to that parking structure that we
are delaying." Gordon said he believed the developer was getting closer to having Vail
Resorts release the deed restriction on the LionsHead Parking Structure (a prerequisite to
further redevelopment planning). Cleveland said, "I don't think Mark (the developer) has any
chance of having the deed restriction lifted on the structure... My concern is that we have
serious concerns at that parking structure that need to be addressed... We need to start
taking care of that structure and doing things that need to be done ... I just don't believe that
anything can change in a timeframe that will be suitable to any of us...I feel like we are
grasping at straws for a project that has little chance of coming to fruition." Newbury asked
for a complete list of the immediate maintenance needs of the structure and the costs
associated. OHP representative Mark Masinter said he believed the community believed in
the product approved in the project plan. Masinter said the current mood in capital markets
resembled that which occurred post September 11, 2001 (they turned around in a few
years). "I'm asking you to support the project you supported back in July...We are all
partners in this process...I would ask you to allow us to continue on; nothing has changed."
Gordon moved to grant a 90 day extension with Newbury seconding. Mire said he would
have to return with a resolution to approve the agreement. During a pause for public
comment, Kaye Ferry said she was beyond stunned. "I can't believe anything has changed
that we didn't know in September that we know today... This guy thought he was walking
into here for an administrative extension... You have a responsibility to extend this." Foley
said he saw no need to add two more luxury hotels in the town. The motion failed, with
Cleveland, Foley and Daly opposed. Gordon then moved to table the granting of the
extension with Foley seconding. The motion passed 5-1, with Cleveland opposed. Daly
said its time to release the property so the town could regain total control of the property.
The twelfth item on the agenda was Adjournment.
Foley moved to adjourn with Rogers seconding. The motion passed unanimously, 6-0.
--L:)jbL G'9
Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk