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HomeMy WebLinkAbout2010-08-31 Town Council MinutesVail Town Council Meeting Minutes — Special Meeting Tuesday, August 31, 2010 3:00 P.M. Vail Town Council Chambers A special meeting of the Vail Town Council was called to order at approximately 3:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Kevin Foley Kim Newbury Kerry Donovan Susie Tjossem Margaret Rogers Andy Daly Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Resolution No. 22, Series 2010, a resolution authorizing the Town Manager to accept a payment -in -lieu from Vail Associates, Inc. (VAI), in exchange for a full and final release of the skier drop-off easement recorded against the North Day Lot property legally described as Lot 1, Block 1, Vail Lionshead Third Filing, County of Eagle, State of Colorado; and setting forth details in regard thereto. Stan Zemler, Town Manager, started the discussion of the resolution outlining the details to the Town Council. Zemler stated this item was coming before the Town Council now as it was necessary due to a timing issue with VAI North Day Lot needing to be completed by May 1, 2011. He emphasized the Town of Vail (TOV) initiated this conversation with VAI and staff had discussions with the Town Council in executive sessions which culminated in Resolution No. 22, Series of 2010. The general terms of the negotiation were that the Lionshead skier drop-off easement on the North Day Lot (aka the First Chair employee housing site) required by the Arrabelle project would be released in exchange for the one time payment by VAI to the Town in the amount of $725,000. VAI would then replace the skier drop-off spaces with parking spaces. The Town's rationale for the acceptance of the money in exchange for the release of the skier drop-off easement, as set forth in the staff memorandum, was that the Town had identified a more desirable location for skier drop-off in the Lionshead parking structure and had already begun construction of the improvements. Accordingly, it was thought that the North Day Lot drop-off location would be duplicative and under utilized. August 31, 2010 Page 1 Kim Newbury asked what the distance is from the North Day Lot and the Lionshead Parking Structure to the Gondola. Community Development Director George Ruther said the distance for both sites was comparable. Kevin Foley stated he walked the distance from both sites today and it was about 300 steps to the Gondola from both sites. Newbury asked if some of the parking spaces at the North Day Lot would be used for evening parking as well. Andy Daly said he wanted to make sure there is no net loss of parking spaces. He also wanted to clarify that during the day the spaces would be used for employee parking and available for other uses in the evening. He also pointed out that this information was not contained in the Resolution. He asked if the easement for the skier drop-off would be removed but wanted to make sure there would still be a pedestrian easement through this area. Ruther explained that the pedestrian easement would be maintained. Daly questioned whether the proposed removal of the skier drop-off easement would give VAI the potential to redevelop the building site for purposes other than parking. Ruther confirmed that approximately 29 parking spaces were to be placed on the site in replacement of the skier drop-off, but that zoning would control future uses of the subject site. Ruther went on to state that zoning on the site is Lionshead Mixed Use One. Town attorney Matt Mire also confirmed that the removal of the skier drop-off easement would not affect the employee housing deed restriction currently encumbering the North Day Lot. Margaret Rogers asked again if removing the easement for parking on the west side would allow them to build on that area. Ruther explained the site restrictions including required setbacks would be difficult to build on the limited site. Ruther went on to state that, because of the no net loss of parking requirement in Lionshead, that if VAI did want to build on the site someday they would have to replace the parking in Lionshead regardless. Mire told the Council that the skier drop-off easement they were considering releasing was a non-exclusive easement and that VAI retained all rights to their property that would not frustrate the purpose of the easement. Newbury confirmed VAI would have to replace the 29 parking spaces somewhere else in Lionshead if they decided to do something else with the site in the future. Ruther confirmed this was true. Kristin Williams, representing VAI, thanked the town staff for coming forward with this proposal and thanked the Town Council for considering the proposal and for participating in a cooperative effort with VAI in a joint venture to move the Lionshead skier drop-off spaces to a better location. Daly again wanted to confirm that the skier drop-off site on the North Day Lot was going to be utilized for employee parking. Williams stated that although approximately 29 August 31, 2010 Page 2 parking spaces would be built in the subject area VAI couldn't commit to how the spaces would be allocated or what the future use would be at this time and that VAI would have to do more research. Daly reiterated that his understanding was that the released skier drop-off area on the N. Day Lot was going to be used for employee parking. The mayor opened the discussion up to public comment. Farrow Hitt, General Manager of Simba Run, said Vail doesn't have any other skier drop-off. He felt this is as ideal as it's going to get. He said when the Town Council went to Park City, Utah, one of the stand -outs was the close -in parking they had for guests. He also stated the ski mountain would shuttle guests from outlying parking areas. He said instead of looking at this as an "either/or" situation, look at it as an "addition to" solution. Another positive item is that locals in town could drop-off their guests. He said a skier drop-off should have been placed at Arrabelle or Golden Peak but it didn't happen, so this is the next best solution. Billy Suarez, stated he was representing the west end businesses of the Lionshead Mall. He said it was great that the TOV and VAI were working together to get a skier drop-off site in Lionshead. He said there will still not be a place for the west end of the mall to have parking and it would be best for the west end of Lionshead if 29 spots would be available at night. Brian Nolan, representing the east and west end Lionshead Mall businesses, said everyone needs to come to terms for the skier drop-off as it will be good for all businesses. He is excited that both sides are talking and coming to terms for the skier drop-off. Tom Neyens, representing both east and west sides of the Lionshead Mall wants clarification of what the uses will be for the released skier drop-off area on the North Day Lot. He stated the money is good but that Lionshead needs a skier drop-off on the west side of Lionshead. He said he is skeptical about what uses will really be on this site. He said nine spots are better than nothing. Jeff Babb, of Vail Mountain base operations, stated that the past North Day Lot parking spaces (9) were rarely used for skier drop-off during the past two seasons. He said no local businesses used them. Bob Armour stated that he agreed with Jeff Babb. He said this area does not work for skier drop-off and it was not ideal. He also said employee parking would be great for the site. He was in favor of using the new facility at the Lionshead Parking Structure for a skier drop-off site. Hitt wanted it clarified that if this is about the money, Council should say so. August 31, 2010 Page 3 In addition, the Town Council received two e-mails, one from Geoff Wright and one from Mia Vlaar, Lionshead business representatives, in support of the change of the Lionshead skier drop-off site. Rogers noted that the requirement of VAI to replace the nine drop-off spaces with the 29 parking spaces doesn't appear anywhere in Resolution No. 22, 2010. Ruther said it doesn't need to be as the underlying zoning will dictate what is required. Rogers suggested that the town should amend the resolution to reflect the requirement that the easement area be replaced with 29 parking spaces. Ruther reiterated that Resolution No. 22 authorizes the Town Manager to enter into an agreement with the terms set forth in the staff memorandum, which does recite the requirement that VAI replace the skier drop-off area with parking spaces. Daly agreed with Rogers that the resolution should reflect the requirement of VAI to replace the skier drop-off area with parking. He requested the resolution have the terms of negotiation incorporated into the resolution. Newbury said her concern is complying with zoning; those spaces do not have to be on the North Day Lot. So if Ever Vail is ever approved, the parking spaces could be moved. Rogers agreed. She stated we lose 9 skier drop-off parking spaces and gain 29 parking spaces. Williams stated that it was not the intent of VAI to pay $725,000 to remove a skier drop- off encumbrance on their property only to have it re -encumbered by a parking requirement. Daly made a motion to approve Resolution No.22, Series of 2010 with an amendment that references the requirement of VAI to replace the skier drop spaces with between twenty and thirty parking spaces. The motion was seconded by Margaret Rogers. Donovan asked if the terms of negotiation in the staff memorandum needed to be added to the resolution. Mire confirmed he would add them by reference add an exhibit to the Resolution. Daly clarified that the resolution should be amended to "creation of 30 parking spaces for day parking" and that he did not want the spaces to turn into long term parking. Donovan said it is a great collaboration and this will contribute to Vail being a world class resort. Williams again stated VAI cannot add another encumbrance to the site. Tjossem said adding the language doesn't encumber the site; it just clarifies the underlying zoning. Ruther said unless there are changes to the zoning, VAI would still have to comply with providing the required spaces as the underlying zoning controls. August 31, 2010 Page 4 Foley stated he won't support the motion or the resolution because he would like more skier drop off parking spaces and there was too little money. Cleveland said he thinks the amount of parking spaces is appropriate. He stated he will vote against the motion as well. Cleveland felt that VAI providing skier drop-off on their own property was an important consideration and that it would allow the Town to preserve mores spaces in the Lionshead Parking Structure. He felt that the parking at the North Day Lot would allow some relief and pressure for Concert Hall Plaza. Newbury stated she would support the Resolution because the Lionshead business representatives showed up in person stating they wanted this. Newbury stated that she will be banking on VAI and Ruther's assurance that parking spaces would be constructed on the North Day Lot in place of the nine skier drop-off spaces. A vote was taken. The motion passed 5-2, Kevin Foley and Dick Cleveland opposed. Foley made a motion to adjourn, 2nd by Newbury, passed 7-0. The meeting was adjourned at 4.30 p.m. Dick Clev4nd, 4a or AILLttest: �•OF •VAv.•• /elei onaldson, Town Clerk :. �j August 31, 2010 Page 5