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.
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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
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/elei onaldson, Town Clerk :. �j
August 31, 2010 Page 5