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HomeMy WebLinkAbout2010-11-16 Town Council MinutesVail Town Council Meeting Minutes Tuesday, November 16, 2010 7:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 7:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Andy Daly Kerry Donovan Kevin Foley Kim Newbury Margaret Rogers Susie Tjossem Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Rich ten Braak, with the Vail Chamber and Business Association (VCBA), said he would like the Council to discuss the possibility of consolidating the Vail Economic Advisory Council (VEAC), Vail Local Marketing District (VLMD) and Commission on Special Events (CSE) funding next year. He would also like to have Council collaborate with the VCBA on how to spend some of the surplus money the town may have in 2011. Scott Bluhm, with the Vail Valley Foundation (VVF); said the VVF is in process with the Community Development Department to upgrade and change the sign at the Vail Roundabout with 2015 Championship information. Jim Lamont, with the Vail Homeowners Association, asked when the Art in Public Places item will be heard this evening. Cleveland said under the budget discussion. The second item on the agenda was the Town Manager's Report. There was nothing to report. The third item on the agenda was the Consent Agenda and approval of the October 5, 2010 and October 19, 2010 meeting minutes. Rogers made a motion to approve the October 5, 2010, and October 19, 2010, meeting minutes; the motion was seconded by Foley. A vote was taken and passed 7-0. Town Council Meeting Minutes of November lb, 2010 Page 1 The fourth item on the agenda was a presentation on the fiscal and economic impacts of the proposed Ever Vail project. Cleveland said the Ever Vail project has been postponed and rescheduled to the December 7, 2010, Town Council meeting due to adverse weather conditions. The fifth item on the agenda was first reading of Ordinance No. 18, Series 2010, an Ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund and the Debt Service Fund of the 2010 Budget for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein; and setting forth details in regard thereto. Kathleen Halloran, Manager of Budgets and Financial Reporting, said the ordinance will adjust the 2010 budget per the memorandum. Daly pointed out there is a correction that needs to be made under the police line item that is a duplication. Halloran said she will correct prior to second reading. Daly made a motion to approve on first reading Ordinance No. 18, Series of 2010, and the motion was seconded by Newbury. A vote was taken and the motion passed 7-0. The sixth item on the agenda was Second reading of the 2011 Budget Ordinance No. 17, Series 2010. Kathleen Halloran said the budget was adjusted by $20,000 to include the Vail Jazz foundation additional funding. She said the totals did not include the $75,000 for the Quizno's bike race and the $95,000 for relocation of the Moroles art sculpture. She said the Council will have to add those funds in if they want to approve them. Lamont with the Vail Homeowners Association (VHOA) said he has an issue with the review process about locating a piece of art in Ford Park. Ruther said staff tries to keep art out of the Design Review Board (DRB) process and this item will be part of the Art in Public Places (AIPP) review process. He said there is a management plan for Ford Park and the Town Council review should be final review. Lamont stated he sees a conflict of interest as the town is owner of the art work and is also the review board. He said there is a need for a public review process for neighboring properties so there is a more participatory process for art work. He has a fiscal issue as well. He said there are other vendors and institutions that may also qualify for Real Estate Transfer Tax (RETT) funds as well. He said there is a proposal out there proposing certain uses for the same site at Ford Park as the art work proposed. The VHOA is requesting a comprehensive master plan for Ford Park as incremental items like this will change the whole plan for Ford Park. He said an analysis of a new master plan and other changes need to be addressed. He said other organizational relationships need to be considered Town Council Meeting Minutes of November 16, 2010 Page 2 as well, such as the Nature Center and Alpine Garden. He requested that before the town starts making any permanent improvements, the town should revisit the master plan. He also wants the Council to have a discussion on how AIPP manages AIPP funds. Cleveland stopped Lamont at this point and reminded him this was a budget discussion. Lamont said this lends itself to the budget as funding for this placement could affect the budget and he doesn't want this hidden in the budget. Cleveland asked if he is representing the VHOA and Lamont said yes. Cleveland asked what other organizations Lamont represents. Lamont said he doesn't represent any other organizations. Newbury said the funding of $75,000 for the Pro -Challenge Cycling Race should come from the General Fund and not the CSE funding. She said $100,000 will come out of the VLMD funding and $75,000 should come from the general fund. Cleveland said he supports having the $75,000 out of the CSE funding. A show of hands from the Council showed everyone, except Cleveland, supported taking the $75,000 out of the general fund surplus and not CSE. Rogers said there were misconceptions about the $95,000 being requested out of the RETT funds. She said the RETT funding requirements are very limited and this item qualifies. She said the budgeting in Vail is very conservative and there is money in RETT for this art piece. Rogers made a motion to approve on second reading, Ordinance No. 17, Series of 2010, for the 2011 Budget with the addition of $75,000 for the Pro -Challenge Cycling Race out of the surplus general fund and $95,000, taken from the RETT fund for relocation of the Morales art piece. The motion was seconded by Newbury. Further discussion was held. Daly has an issue with the money for the Ford Park Master Plan, and said it is premature. Foley said the 39% rate for full-time employee benefits is not fiscally responsible. A vote was taken, and the motion passed 5-2, Daly and Foley opposed. The seventh item on the agenda was first reading of Ordinance No. 20, Series 2010, Mill Levy Certification. Kathleen Halloran said assessments must be certified to the County for collection annually and this ordinance authorizes certification. Staff requested the Council approve Ordinance No. 20, Series 2010, on first reading. Newbury made a motion to pass first reading of Ordinance No. 20, Series of 2010, and was seconded by Rogers. A vote was taken and the motion passed, 7-0. The eighth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of an administrative action, affirmed by the Town of Vail Planning and Environmental Commission, approving a request for a minor amendment to Special Development District No. 6, Village Inn Plaza, pursuant to Section 12-9A-10, Town Council Meeting Minutes of November 16, 2010 Page 3 Amendment Procedures, Vail Town Code, to allow for modifications to the approved development plans to increase site coverage and reduce the side setback (east side) to facilitate an expanded chimney for a new restaurant, located at 100 East Meadow Drive, Unit 602/ Lot 0, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Rachel Dimond, planner, said on June 9, 2010, a minor amendment to SDD No. 6, Village Inn Plaza, was administratively approved and upheld at the June 28, 2010, PEC hearing. The minor amendments included expansion to site coverage and a reduction in the side setback to accommodate a new hibachi restaurant. On September 23, 2010, a second minor amendment was administratively approved and upheld at the October 11, 2010, PEC hearing. The amendment included further increase to site coverage and a reduction in the side setback to allow for the addition of access ladders to the approved chimney chases to meet building code requirements for access and maintenance of rooftop mechanical equipment. Staff requested the Council uphold, overturn, or modify the approval of the minor amendment to Special Development District No. 6. Mire stated that the appellant has the burden of proof. Michael Suman, representative of Solaris, said Solaris is in support of the new restaurant; however, they are concerned about the smoke and smell coming from the currently proposed filtering system. Suman stated Solaris is not supportive of the current exhaust system. He said the applicant's system does not address smoke and smell, just grease. The size is not an issue and they would support additional site coverage if they will use a system that addresses smell and smoke. Solaris is concerned about these issues and wants the exhaust system done right. He stated that when Crossroads was torn down and Solaris was built, they did exhaust mitigation on this site and want this applicant to do the same. Solaris representatives met with the owners of the Vail Village Inn (VVI) and Community Development Environmental Health Officer, Bill Carlson. He said Carlson said their concerns with smell and smoke is legitimate. He also stated Solaris let the applicant continue to do construction through the appeal process. Suman asked the Council to uphold the approval and not only the grease filters be installed but the smoke and smell filtration system be installed and regular maintenance schedules be maintained. Rogers asked if they were willing to share the cost. Cleveland asked where the PEC erred in approving the staff approval. He said there was nothing in the criteria that called out specifically to have the smell and smoke filters in place. Ruther said the criteria was on site coverage and there was not a distinction regarding restaurants versus other uses. This was not a variance or conditional use for the basis on which this can be appealed. Ruther said the Council has to base their decision on whether the PEC erred in the nine criteria items in approving the project. Cleveland is concerned the Council is asked to decide on something that isn't addressed at PEC. He said there is nothing in the criteria which the PEC approved that was not Town Council Meeting Minutes of November 16, 2010 Page 4 addressed. Mire said there are criteria the Council can use and the PEC looked at the same criteria. Jonathan Staufer, representing the WI, Inc., stated Solaris is addressing an issue that hasn't even occurred yet. He said the owner, Rick Woo, has tried to address the issues from Solaris by using filters that are nine times the cost of regular filters. He has looked at removing the chimney and relocating, but that couldn't happen. He said this project is in compliance with all applicable zoning and building codes. Rogers asked about the three chimneys in use and why the kitchen vent couldn't be vented to either the south or north chimney. Staufer said the amount of square footage needed isn't there. Rick Woo, owner of the restaurant, said they tried to reroute the kitchen exhaust to the south side but they can't meet the slope requirement. He said they made an effort to correct and change the filter with a filter that is a high efficiency solar filter and cost nine times more than regular filters. He said each filter costs $180 each, or around $5,000 (25 filters are needed). He said this project was approved 2-1/2 months ago by the PEC and Community Development. He stated there are mixed uses in many buildings in Vail that include restaurant, retail and condominiums. Sushi Oka has three areas of exhaust which are 112 feet to the west, 110 feet to the south, and 40 feet on the east side away from the Solaris condominiums. He said there shouldn't be a problem between Solaris and the east side of the restaurant as there are many trees that make a natural barrier. He stated the alley between Solaris and VVI has the wind to take the smoke and smell to Meadow Drive. He said Japanese kitchens burn very clean. He said he and his wife were in front of Solaris, and they could smell cooking scents from one of the Solaris kitchens from the street. He asked if this is the trend where restaurant smells become an issue, everyone will go elsewhere. He said they were asked to do more than what is required by existing codes and laws and all the businesses should be treated equally and fair. All restaurants should be required to add the system if they were asked to do so. Rogers asked Mire if Council was the right forum for this issue. Mire said the bottom line is Council is not the final deciding vote of building codes and approved plans. Rogers asked Mire if there is a remedy if a noxious odor does occur. Mire said the town could use the nuisance section of the code to address this issue. Suman asked if there was a place for public comment. Stan Cope, Gemini Management, managing agent of Solaris Condominium Association, is strongly objecting to the closeness of the exhaust system to Solaris to the east side of the restaurant. If the variance is approved, he requests a condition to approval that filters are inspected annually. His client wants the restaurant to happen but wants everything to be done to the best interests of the neighborhood. Lamont said he has many residents that have an interest and if there is a deficiency in the code then the code should be modified. Town Council Meeting Minutes of November 16, 2010 Page 5 Mire said if the town has qualitative issues there is the nuisance code and submits the town has the ability to retroactively address future issues. He stated in the immediate neighborhood, there is a vendor that has an open BBQ in summer and has never heard any complaint coming from the town's constituency about the odor. Ruther said the Solaris site doesn't have any encroachments in the west setbacks. Newbury stated she wanted to be clear that the Council is not ruling on a use but ruling on whether the encroachment was utilized properly. She asked if the smoke and smell was considered in the approval. Ruther said yes, as the Market Place on Meadow Drive uses two BBQ grills in the summer and it was considered in the staff analysis. Newbury made a motion to uphold the PEC decision based on the findings in the memorandum; the motion was seconded by Foley. The appellant has not supported the burden of proof and the Council doesn't find any clear error by the PEC. Rogers stated that other remedies can be sought if there is a problem. A vote was taken and the motion passed, 7-0. The ninth item on the agenda was Resolution No. 28, Series of 2010, a Resolution Approving an Intergovernmental Agreement Between the Town of Vail and the Colorado Department of Transportation Regarding Matterhorn Bridge Replacement; and Setting Forth Details in Regard Thereto. Greg Hall said the town has been awarded a federal grant for the replacement of the Matterhorn Bridge which is shown in the bridge inspection reports as structurally deficient. At a total project cost of $1,035,000, the bridge grant award total is 80% of the project total or $828,000. The town is responsible for a 20% local match of the total estimated project costs. This Intergovernmental Agreement (IGA) is for the design phase of the project. Staff has requested the Council approve the IGA, and authorize the Town Manager to sign and enter into the IGA with CDOT. Newbury made a motion to approve Resolution No. 28, Series of 2010; the motion was seconded by Tjossem. A vote was taken and the motion passed unanimously, 7-0. The tenth item on the agenda was adjournment. Foley made a motion to adjourn, the motion was seconded by Tjossem; passed unanimously, 7-0. The meeting adjourned at 7:35 p.m. R �ectfplly submi d/, Richard d, Mayor lAtte ��........0...l -- //SEAL r ei Donaldson, Town Clerk ; Town Council Meeting Minutes of November 16, 2010 Page 6