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