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HomeMy WebLinkAbout2009-05-05 Town Council MinutesVail Town Council Meeting Minutes Tuesday, May 5, 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 Kevin Foley Margaret Rogers Andy Daly Kim Newbury 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. Wayne Glass of Bond appeared before the Council as a follow up to a staff memorandum that was included in the Council's packet regarding his interest in creating a business to provide Segway (balancing scooter) tours along Vail's recreation paths. Balancing scooters are currently prohibited on bike and pedestrian paths in Vail because they're considered to be a motor -driven cycle. Glass asked the Council to consider amending the town code prior to enactment of a new Colorado law that would grandfather such use if enacted within 30 days. The Council directed staff to add the topic as an agenda item for the next available work session. Darrell Bangert from Twin Lakes asked the Council to support the use of Segways on the recreation paths, noting he was also interested in renting Segways. Bangert said he took a Segway tour in Chicago recently where the activity proved extremely popular. Robin Henzler, director of Children's Garden of Learning, and Cindy Lagace, director of the Vail Child Care Center, presented an Early Childhood Champion award to the Town of Vail for being an advocate of early childhood education. The town was selected for the award by child care professionals in Eagle County. Lagace also was an award recipient for inspiration in early childhood care and education. The second item on the agenda was the Vail Youth Recognition Award. The Council recognized winners of the Vail Youth Recognition Award, which is sponsored by the Town of Vail and the Vail Valley Exchange. The recipients are Eleanor Cahill of Battle Mountain High School and Cynthia Edgerton of Vail Mountain School. The purpose of the award is to recognize and reinforce outstanding achievement by youth of the upper Vail Valley, both for their individual achievements and as role models for their peers. As such, each of the winners received $1,000 college scholarships. The third item on the agenda was an appoint of one member to the Vail Local Housing Authority (VLHA) Board. The Council voted 6-0 to reappoint Ethan Moore to the Vail Local Housing Authority to a term expiring May 31, 2014. The town had received four applications: Scott Ashburn, Jason Hartman, Ethan Moore (incumbent board member) and Pamela Hopkins. The fourth item on the agenda was the Vail Local Licensing Authority (VLLA) vacancy appointments. The Council voted 6-0 to reappoint Mark Conlin and Kevin (KJ) Williams to the Vail Local Licensing Authority for terms expiring May 31, 2011. The town had received two applications for three vacancies. The Town Clerk will now re -publish the vacancy notice to attract applicants for the remaining seat. The fifth item on the agenda was the Town Manager's Report. Kathleen Halloran, the town's budget manager, presented a monthly revenue update. March sales tax revenue of $2.5 million is down 25 percent from March 2008 and down 17 percent from the budget projections. Year-to-date total sales tax collections are down 18 percent from 2008 and down 11 percent from budget. The ski season, November through March, is down 14.5 percent from last ski season. Use tax collections are up 5.6 percent from this time last year, while construction permit revenue is down 69 percent from 2008, which is currently pacing with the 2009 budget. Real Estate Transfer Tax collections totaled $649,388 as of April 28, a 72 percent decrease from last year due to both major and non -major redevelopment projects. Parking revenue of $3.4 million was up 18 percent from this time last year. The revenue was budgeted at a 16 percent increase. The sixth item on the agenda was a Request For Proposals (RFP) to construct two new employee housing units on the Town owned lot at 2657 Arosa Drive (commonly known as the A -Frame) which is legally described as Lot 8, Block C - Vail Ridge. The Council voted 6-0 to authorize the issuance of a Request for Proposals (RFP) for construction of a duplex on a town -owned lot in West Vail to be used as employee housing. The property is located at 2657 Arosa Drive and was acquired in 1995 as part of a land exchange with the U.S. Forest Service. The .418-acre lot is zoned primary - secondary. During an overview, Housing Coordinator Nina Timm noted at the time of the town's acquisition, an A -frame residence, built in 1972, was located on the property and was used as rental housing by the town until it was torn down in 2000 to make way for new employee housing units. At the time, the town hired an architect to design a new employee housing duplex. However, the town changed its priorities before beginning construction of the new units. During Council's review of the draft RFP, Timm clarified that a lottery would be held to identify buyers prior to commencing construction of the units to minimize the town's risk and that the sale of the deed restricted units would 2 recover the town's investment. During the public comment period, Bob Armour, a resident of the neighborhood and former mayor, told of his involvement in acquiring the property on behalf of the town. He also expressed concerns about drainage and wetlands issues, noting that conditions have intensified on the site since an earlier analysis. Armour offered support for issuing the RFP and noted it may only be possible to develop one unit on the site. If the site proves difficult to develop, Armour suggested leaving the site as open space rather than placing a deed restriction on the property and selling it as was suggested by the staff as a possible alternative. Mark Gordon urged staff to follow the timetable outlined in the RFP which would include issuing the RFP on May 6 with responses due by May 21 and selection of a development team by June 16. Gordon said the schedule would result in employee housing being under construction by fall and would reinforce the council's commitment to its housing priority. The seventh item on the agenda was the 2009 Asphalt Overlay Project Award. The Council voted 6-0 to authorize the Town Manager to enter into an agreement with A- 1 Chipseal Company, in a form approved by the Town Attorney, to complete the 2009 Asphalt Overlay Project in the amount of $348,848. The town had received four bids, all of which were within budget and below the engineer's estimate. A-1 Chipseal was the low bidder. The project consists of maintenance asphalt overlays on portions of the roads in Main Vail and West Vail, more specifically, Spraddle Creek Road, and those roads in the Red Sandstone Drive area. The four bids were as follows: A-1 Chipseal Company, $348,848; Elam Construction, $393,831; B&B Excavating, $426,831.83; and Grand River Construction, $439,298.50. The project is budgeted within the Capital Street Maintenance Budget. During discussion, Kim Newbury suggested that since prices are low, perhaps the town should consider adding additional streets to the overlay project that are scheduled for next year. Town Engineer Tom Kassmel agreed to return to the Council with a possible change order once more information is known. The seventh item on the agenda was a Timber Ridge Redevelopment discussion. The Council voted 6-0 to continue the due diligence process and begin a 60-day pre - development negotiation with Vail Timber Ridge, LLC of El Paso, Texas, in its pursuit to redevelop the Timber Ridge property for employee housing. The objective of the due diligence process is to determine if the group has the ability to complete the project as proposed. The town issued a Request for Qualifications and Proposals for the eastern half of the property in December 2008 which generated 10 responses. Of the 10, six teams were interviewed by the Vail Local Housing Authority (VLHA) and staff. The field was then narrowed to four finalists. Those groups were interviewed by the Town Council and the VLHA on April 21. Council members said they were optimistic about the possibilities for redevelopment. Andy Daly noted the proposal meets the long-term affordable housing requirements of the town with 619 pillows on half the site. In addition, the town would retain ownership of the property and $11 million in debt would be eliminated, both of which are important priorities for the town, he said. The proposal provides for occupancy in 2011. In offering the motion to begin a new phase of the redevelopment process, Margaret Rogers noted the proposal offered by the Timber Ridge, LLC group most closely satisfies the redevelopment criteria established by the town. Kim Newbury said the process has been interesting in that it was difficult to compare the four proposals as each offered varying concepts for financing, density and the manner in which parking was addressed. Mark Gordon said he was extremely optimistic that a redevelopment scenario would soon come to fruition. Team members from Timber Ridge, LLC have experience in numerous housing developments across the country and are known for their development and operation of multi -unit housing including military and student housing. The eighth item on the agenda was the First Reading of Ordinance No. 10, Series of 2009 adopting a major amendment to Special Development District No. 2, Northwoods, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for a lobby addition and locker reconfiguration; located at 600 Vail Valley Drive (Pinos Del Norte, Building C)/Part of Tract B, Vail Village Filing 7, and setting forth details in regard thereto (PEC090009). The Council voted 6-0 to approve first reading of the ordinance. Prior to the vote, Planner Nicole Peterson provided an overview, noting the proposed lobby addition and locker reconfiguration trigger a major amendment requirement under Section 12-9A-2, Vail Town Code; because the proposed lobby addition expands the existing building footprint more than five feet, and the lockers were originally built under a major amendment (Ordinance No. 33, Series of 1991). On April 13, 2009, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions to the Vail Town Council of Ordinance No. 10, Series of 2009, by a vote of 4-0-1 (Kjesbo recused). During the Council's discussion, Andy Daly said he had two conclusions about the project following a site visit earlier in the day. First, that Pinos Del Norte is stepping up to do some upgrading to their facilities that will substantially improve the property. And, secondly, that no encroachments are being requested. Dick Cleveland added that no additional GRFA (gross residential floor areas) is being requested. The ninth item on the agenda was the First reading of Ordinance No. 11, Series of 2009, an ordinance to amend Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to establish regulations for temporary building banner signs within the Town of Vail. The Council voted 6-0 to approve the ordinance on first reading and directed staff to revise the ordinance for second reading to include provisions that will create a trial period for the regulations which would permit placement of large banner signs on qualifying buildings during the summer of 2009. The Council has asked for numerous stipulations to limit the number of signs and the duration for their display. The vote occurred after several concerns were expressed with the ordinance as written. Prior to the vote, Planner Rachel Friede explained the applicant, the Vail Valley Foundation, had applied for a prescribed regulations amendment to Title 11, Sign Regulations, Vail Town Code, in order to facilitate the use of large banners on buildings under construction to advertise community events. On April 13, 2009, the PEC failed to pass a recommendation of approval to the Vail Town Council (2-3 vote, with Kurz, Lindall, Kjesbo opposed, Pierce and Palladino absent). Based upon staffs review of the criteria outlined in Section V of the staff memorandum to the PEC dated April 13, 2009, and the evidence and testimony presented, Friede said the Community Development Department was recommending denial of the ordinance. As proposed, banner signs up to 1,500 square feet per development site would be allowed on buildings under construction in the commercial and business districts of Vail Village, LionsHead and West Vail to advertise community events that have a Town of Vail special events permit and/or receive sponsorship from the Vail Commission on Special Events. The signs, no more than two per development site, would be displayed for as long as the building has an active building permit or within 14 calendar days of the completion of the advertised community event. No lighting would be allowed. The signs would require approval by the 0 Design Review Board prior to installation. During discussion, several Council members said they disagreed with the staffs assessment that the signs would veer away from the character of the community. Andy Daly said he was comfortable with the concept in that it provides information and excitement in an otherwise unattractive space. He noted the proposal was not meant to be signage in the traditional sense, and, therefore, staffs findings based on compliance with other provisions of the sign code were irrelevant. Kim Newbury said she didn't think the signs would be a distraction for motor vehicle operators as suggested by the staff. Margaret Rogers said the signs would complement the town's focus on marketing and would be visible to travelers along Interstate 70, reminding them that Vail is a vibrant community. Due to the creative and artistic way in which the signs would market Vail, Rogers suggested the Art in Places Board should review the applications rather than the Design Review Board. During the public comment period, Bob Armour, a former mayor, said he was "appalled" by the proposal, saying it was more akin to Times Square than Vail, Colorado. Jim Lamont of the Vail Homeowners Association suggested the banners would be more productive if they were hanging on buildings in Chicago or New York "where they belong" (to market Vail). Lamont expressed caution, saying the proposal could be viewed as the community devaluing itself. In the end, Council members agreed the ordinance was too open ended as currently written and offered its support to suggestions by Dick Cleveland to rewrite the ordinance as a pilot program with numerous restrictions. The tenth item on the agenda was the First reading of Ordinance No. 12, Series of 2009, an ordinance establishing Special Development District No. 41, the Vail Row Houses, pursuant to Article 12-9A, Special Development (SDD) District, Vail Town Code, and setting forth details in regard thereto. (PEC080074). At the request of the applicant, the Council voted 5-1 (Cleveland against) to table the ordinance to the June 2, 2009, meeting. The request was made after Council members expressed concern about sufficient public benefits associated with the project and after a vote to approve the ordinance failed, 1-5, with Mark Gordon casting the single vote of approval. On April 13, 2009, the PEC voted 5-0-0 to forward a recommendation of approval to the Town Council for establishment of the proposed special development district (SDD). During an overview by the applicant, Dominic Mauriello said the SDD was being proposed to create a townhouse zoning scenario that would address 40 years of variances on the property. As such, the eastern half of the row houses, located at 303 Gore Creek Drive, units 7-14, would be allowed to construct future individual renovations under the proposal. In exchange for the deviations, public benefits offered by the applicant include deeding 915 square feet of property to the town, represented as a 10 foot wide strip of land to be added to the eastern half of Roger Staub Park, an employee housing fee in lieu payment representing a 15 percent housing mitigation rate, rather than the 10 percent rate currently required by the town code and converting the driveways to heated pavers as redevelopment occurs to conform with the town's Streetscape Master Plan. During discussion by the Council, Margaret Rogers said she wasn't convinced there are enough public benefits associated with the project, noting the heated pavers would only be a benefit if they were done in an environmentally sensitive way. She suggested consideration of a public art component, as well. Mark Gordon said he, too, would prefer a public art benefit. Kevin Foley expressed concerns about existing vegetation that would be lost during redevelopment of the end unit and agreed the public benefit was lacking. Andy Daly said he thought use of an SDD approach was inappropriate in this circumstance and that remaining units of the row house should apply for a variance like the others have done. He said the SDD would change the character of the neighborhood, especially as it relates to building height. Dick Cleveland said he was concerned the SDD didn't address the current parking deficit and that the park dedication wasn't sufficient in providing a public benefit. During the public comment period, Jim Lamont of the Vail Homeowners Association expressed the importance of fair and consistent treatment, saying, "if you like this approach to bulk and mass, you need to presume that others will attempt to follow the lead." The eleventh item on the agenda was the Second reading of Ordinance No. 8, Series of 2009, An Ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund, Heavy Equipment Fund and Debt Service Fund of the 2009 Budget for the Town of Vail, Colorado. The Council voted 6-0 to approve the ordinance. Prior to the vote, Budget Manager Kathleen Halloran explained the ordinance had been revised downward from first reading for a total of 7.2 million across all funds. Items in the revised supplemental were limited to re -appropriations for projects currently underway and under contractual obligation, or other projects that may be underway as previously approved by the Council, but due to a change of scope require additional funds. Another $3 million in projects have been placed on hold until a full budget review in June. The twelfth item on the agenda was Resolution No. 11, Series 2009, A Resolution Designating Bank Accounts for E-Commerce Transactions for the Town of Vail with Stan Zemler, Pam Brandmeyer, Judy Camp and Jacque Lovato, as the Designated Signers on that Account. Permitted by the Charter of the Town, Ordinances, and the Statutes of the State of Colorado. The Council voted 6-0 to approve the resolution which enables the town to subscribe to an eCourier transaction system that allows electronic recordation of land records with the Eagle County Clerk and Recorder. The eCourier company requires a bank account for automatic withdrawals for the recording fee. The account will be an imprest account with a minimum balance replenished as recording fees are incurred. The thirteenth item on the agenda was Resolution No. 12, Series 2009, A Resolution Approving the Amendments to the Vail Transportation Master Plan. The Council voted 6-0 to approve the resolution as presented by Town Engineer Tom Kassmel and reviewed during the work session. The resolution consolidates and updates the transportation master planning and design efforts into a single master plan document. Kassmel said the plan is based upon existing conditions, current trends and anticipated growth and is intended to be a guide for the town's transportation system for the next 20 years. During discussion, Andy Daly noted his interest in seeing the plan evolve from its traditional scope to one that is more innovative in limiting automobile use. He also questioned the ability of the private sector to help with an assigned $75 million in improvements due to the downturn in the economy, saying the $100 million estimated price tag is not sustainable. He said it will be up to the Town Council to make sure the right projects are being prioritized and selected that will benefit the community over the long term. Kevin Foley said he preferred moving forward with the Simba Run underpass sooner rather than later to help improve transit connections. The fourteenth item on the agenda was Resolution No. 13, Series 2009, A Resolution Approving the Skier Drop -Off Easement Agreement Between the Town of Vail, Colorado (the "Town") and the Vail Corporation dba Vail Associates, Inc ("VAI"). The Council voted 6-0 to approve the resolution following an overview by Town Attorney Matt Mire. He explained that VAI is the owner of certain real property in Vail commonly known as the "North Day Lot" and that the town has given requisite development plan approvals for developing the North Day Lot as a multi -family employee housing residential project together with other related improvements. The approved development plans provide for the construction and relocation of a nine (9) space skier drop-off area. He said the town and VAI wish to enter into the Skier Drop -Off Easement Agreement in furtherance of implementing the use of the skier drop-off area for its intended purposes and of integrating such use with the future North Day Lot development. During discussion, Kevin Foley suggested the need to identify an interim skier drop-off solution during construction of the North Day Lot project. The fifteenth item on the agenda was the Resolution No. 14, a resolution approving the increased fees in the provision of fire protection services out of town limits. In reviewing Resolution No. 14, which is intended to increase fees charged for fire protection services outside of town limits to recover the town's costs and a companion fee schedule, the Council voted 6-0 to table the matter to the next meeting. Although the proposed rate of 4.021 mills per dollar of assessed valuation covers the town's costs, according to Finance Director Judy Camp, Council questioned whether the 1991 rate of 14 cents per square foot would result in more revenue for the town. The other option is for property owners located outside the town to pay a per call rate. Other fees administered by the Fire Department were last increased in 2003 and do not recover the town's costs. The proposed fee schedule is intended to increase fees to a level appropriate for 2009. The sixteenth item on the agenda was Adjournment. The Council voted to adjourn at 8:55 p.m. OF AL Dick Cleveland, Mayor ATTEST: j C0L0FtP Lorelei Donaldson, Town Clerk VA