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HomeMy WebLinkAbout2013-04-16 Town Council MinutesVail Town Council Meeting Minutes Tuesday, April 16, 2013 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 Andy Daly. Members present: Andy Daly, Mayor Kerry Donovan Kevin Foley Greg Moffet Margaret Rogers Susie Tjossem Members absent: Ludwig Kurz Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Mike Cacioppo criticized the policy of allowing no public comment during the work session and voiced his concern about banning plastic bags. He said that was a First Amendment violation. The second item on the agenda was the Consent Agenda. a. Resolution No. 8, Series of 2013, VLMD Supplement. Moffet moved, with a second from Tjossem, to approve this supplemental appropriation. Donovan noted she would be voting against the measure because it had still not been determined how long term the town was going to pay for ongoing special events. A vote was taken and the motion passed 5-1 (Donovan opposed). b. 2013 Overlay Project Award. Moffet moved, with a second from Rogers, to approve the motion. A vote was taken and the motion passed unanimously, 6-0. C. South Frontage Road Bike Lane Improvement Project Award. Moffet moved, with a second from Rogers, to approve the award. Moffet also noted Council needed to have a global conversation about projects of this nature. A vote was taken and the motion passed unanimously, 6-0. d. Proclamation No. 4, Series of 2013, National Library Week. Mayor Daly read the proclamation in full. Moffet moved, with a second from Donovan, to approve the proclamation. A vote was taken and the motion passed unanimously, 6-0. Town Librarian Lori Barnes thanked the Council and invited them to upcoming events. e. Proclamation No. 5, Series of 2013, National Building Safety Month. Mayor Daly read the proclamation in full. Donovan moved, with a second from Foley, to approve the proclamation. A vote was taken and the motion passed unanimously, 6-0. Chief Building Official Martin Haeberle invited Council to join him and other staff at the next morning's spring construction kick off. The third item on the agenda was the Town Manager Report. Town Manager Stan Zemler reported Vail Resorts would be re -opening the front side of the mountain this coming Friday, Saturday and Sunday. Parking will be free and the town will be providing spring bus service with some enhancements. Town Council Meeting Minutes of April 16, 2013 Page 1 The fourth item on the agenda was Council appointments to the Art in Public Places (AIPP) board. Moffet moved, with a second from Rogers, to appoint Dana Patterson and Wendy St. Charles to two- year terms on the Art in Public Places Board. A vote was taken and the motion passed unanimously, 6-0. The fifth item on the agenda was to a public hearing to discuss the proposed 2013 Gerald R. Ford Park Master Plan. Community Development Director George Ruther introduced the topic, noting clarification was needed on how to proceed with the 2013 Gerald R. Ford Park Master Plan. He said the previous three plans were all relevant and pertinent and the 2013 plan will be a compilation of the three documents containing the good information already contained in those plans. He also said as Council looked at the discussion goals, Items 3 through 6 will set the policy goals, while 1 and 2 will define how those policies get implemented. The first item to be discussed was found on page three of the memo stating a summary of previous comments and direction. Statement number one in this section removed wording that did not reflect the ballot question for the use of conference center funds. Thus, the following was removed, "the Alpine gardens, park -wide pedestrian flow, as well as." Regarding number two, Ruther stated in '97, a lot of the discussion centered around the four user groups; thus, action statements institutionalized lessening or preventing the previous conflicts between users. He notes setting subareas might further address these (Policy Statements one and two). The subareas would correspond to the lease areas. When asked if user groups could exchange land sites, Ruther stated there would have to be a compelling public purpose. Rogers expressed concern about language that would in effect limit upgrades to existing facilities. Tjossem suggested a qualifier for "new, changed or expanded facilities or uses will not be permitted" to include maintenance, thus assuring this type of improvement can occur. Ruther said he would study that further to insure it could happen in a proponent's leased area. Discussion for number three, listing the Phase I improvements, was discussed and approved, with the addition of "east" to the enhanced Betty Ford Way improvements, as well as the restrooms and concessions buildings. As a policy, no new structures are to be located on the lower bench. Additionally, the Council asked that in implementing this policy direction, only those structures and improvements already approved and currently under construction in Phase I be allowed. Council also agreed that those structures or improvements proposed for Phase II not be included in the planning at this time. Discussion as to the definition for the Upper and Lower Benches was illustrated through a draft plan map delineating the boundary between the two. Much of it follows the topography of the park, which creates a strong edge and boundary. Identifying subareas could include both the Upper and Lower benches. The berms and landscaped buffers currently, and into the future, further define what can happen in those established use areas, adding more specificity. He also noted it would be possible to create a preservation and protection zone, as noted in the '97 plan. This would come with a written description of the area and what things could occur at this site. It could have meets and bounds descriptions. Rogers had questions regarding the soccer field (athletic field to the north of Vail Valley Drive). Ruther also noted there should be space for passive recreation and for the Gore Creek corridor, both of which will never have anything on them. He said we want to make sure we haven't created missed opportunities and Council may want to focus on specific recommendations and respect that Town Council Meeting Minutes of April 16, 2013 Page 2 line. Moffet urged concentrating on the prohibited, permitted and conditional uses allowed in each subarea as the definers on use. Ruther then went to the Draft Outline for the 2013 Ford Park Master Plan. He detailed the Introduction; Site Assessment/Existing Conditions; Previous Planning Efforts/Community Involvement; Goals/Objectives/Policies and Action Steps (to which Rogers wished to add cultural to Item A, further defining what the park "was" and what it "became." Ruther noted the original six Goal Statements from the '97 plan would be a good starting point for this section of the plan); Ford Park Sub -Areas, which will include what is to occur, and when asked by Donovan if one plan would actually trump another, Ruther responded that should not happen - we have to have consistency in the messaging; Illustrative Plan, with graphic depictions; Design Criteria, concentrating on uses, compatibility, screening, etc.; Park Management; and the Appendix. Ruther said the Master Plan is intended to be a decision making guide. It's high level and conceptual. Ruther then asked Council to return to the Discussion Goals, starting with number three asking the question if Council was in agreement with the location of the boundary line and the concept of subareas within the park. There was agreement. Number four was a question of whether there was general agreement with the direction presently recommended for the format and contents of the new master plan, and there was. Number five spoke to an effort to protect and preserve Ford park from unlimited future development. The 1997 Ford Park Management Plan identified an action step to redefine allowable uses in the park; however, an ordinance was never brought forward. Questions arose as to the Allowed Uses, in particular, administrative offices. Ruther stated it was appropriate to support the uses on the site. In 1998, a conditional use permit was approved to allow offices at the tennis center site. Daly questioned whether it was appropriate for the Vail Recreation District's (VRD) administrative offices to be primarily located at the tennis center. Rogers said public art should be included as an Allowed Use to recognize current practice. Under Prohibited Uses, a clarification of "exchange or trade" related to land transactions. It was further explained the inclusion of Type III and IV employee housing was listed under Prohibited Uses only because it is allowable in the General Use Zone District, which Ford Park is. Under Item six, it was agreed to leave in "staff offices for on -site park activities are an allowed use." Further discussion centered around setting a maximum gross square foot area of 15% for offices. Tjossem felt this was a limiting factor. Ruther explained it was a quantitative standard. It was decided not to use the percentage. Ruther then brought the discussion back to the original first two goals for the evening. Moffet said he was comfortable with the defined uses in the subareas. Daly stated they should identify a potential use and find a site for it. Tjossem queried whether the town would be required to provide access to any area of the park. Foley suggested Council let Ruther do his homework and then come back to them. Donovan agreed. Rogers said she wanted to see both the social courtyard at the Amphitheater and the Betty Ford Alpine Garden Education Center included in the plan because they were both appropriate. Daly said this was a master plan and it was up to the applicant to prove suitability. He agreed with Moffet. Donovan stated an applicant would need to meet most of the goals of the plan. Discussion then moved to the second goal, focusing on the Phase II improvements and whether any of them should be included in the 2013 Master Plan. Moffet said yes; however, this does not imply approval. Donovan stated it would be irresponsible to proceed and that Council should not include them until the Planning and Environmental Commission (PEC) and public had vetted them. Town Council Meeting Minutes of April 16, 2013 Page 3 Rogers disagreed saying the Master Plan should address the site as it currently is. Foley said if they meet all the criteria, they could be included, to which Tjossem added if they meet all the goal statements, this will wash out, too. Donovan asked that Council be more willing to listen to the public prior to making all the decisions. Public Comments were requested. Nicola Ripley, Director of the Gardens, said confining a user group to a subarea would be very restrictive. She also stated the Betty Ford Alpine Gardens (BFAG) was a small organization and that this was becoming very taxing financially and resource -wise. Moffet responded the plan would define what is and what is not permitted. Ripley said they couldn't keep coming back to the Council and needed clarity. Joe Staufer, resident and former Councilmember, said there should be no additional buildings. When the Gore Creek Historical Society moved the school house, it was to be used for educational purposes. He suggested if VRD moved its operations to the new clubhouse, the tennis center could be used for BFAG uses. Gwen Scalpello, BFAG board member, felt the Master Plan still needed a lot of work and noted even doubling the lower bench restrooms would impinge on recreational open space. She urged Council to leave room for improvements and to continue the streamwalk. Lease boundaries should be left behind and the Council needed to address art. She further stated the school house gift shop also operates as a museum, providing history of the school house and the area, and it informally serves as a welcome center. Liz Campbell, Development Director for BFAG, asked how long this would this go on. Daly responded the Council would next hear the matter on May 7, PEC on May 13 and then the Master Plan would return to the Council for review on May 21. Jim Lamont, Vail Homeowner's Association, said the Appendix to the document should include the 1974 Vail Plan. He also reminded Council of Dr. Tom Steinberg's comments and concerns about the damage to the stream tract and the Nature Center site. He said the soccer field parking lot had protective covenants that must be honored. Also, the original intent for the school house was historical in nature. It should have on -going town funding since the town put it in the park. There being no further public comment, the item was closed and Ruther was thanked for the time and effort he has put into the process. The sixth item on the agenda was the Lionshead Park Contract Award. Gregg Barrie, landscape architect for the town, asked Council to award contracts to four separate contractors, including site work, art and play elements and a water feature. He stated this would provide a wonderful recreation amenity to Lionshead and would be used by both Lionshead guests and residents. He said the project was within budget. An additional $60,000 from Lionshead streetscape funds for additional improvements would be added to compliment the new park. These dollars were savings from previous projects; thus, a supplemental appropriation was not needed. Pending approval this evening, he said they would be going gangbusters until June 27. The playground components would then be set in the fall. Billy Suarez, owner of Billy's Island Grill, said everyone loves the project. He said he came because he heard the project was a little over budget and he wanted to lend his support. Kit Williams, with Lazier Lionshead LLC and who has oversight for over 20 retail businesses in Lionshead, said the project has the full support of the retailers. Foley moved, with a second from both Moffet and Donovan, to approve the project funding. A vote was taken and the motion passed unanimously, 6-0 Town Council Meeting Minutes of April 16, 2013 Page 4 The seventh item on the agenda was Resolution No. 7, Series of 2013 — Establishing the annual fee in lieu rate for commercial linkage and inclusionary zoning. George Ruther said this fee in lieu is adopted annually and it actually reflects a slight reduction in the amount. It's calculated with running numbers over a three year period, so this formula evens out the peaks and valleys to more normalize it. It's based on 120% of AMI, which amounts to an annual income of $81,600 for a couple. Moffet asked if it was working and how much had been generated. Ruther said it was one of five options to mitigate commercial linkage and inclusionary zoning. $650,000 has been collected to date for purchase of deed restricted units. Moffet moved to approve, with a second from Foley. A vote was taken and the motion passed unanimously, 6-0. The eighth item on the agenda was Adjournment. There being no further business, Donovan moved, with a second from Foley, to adjourn the meeting at 9:20 p.m. A vote was taken and the motion passed unanimously, 6-0. Respectfully Submitted, Attest: Andrew P. Daly, yor Pam Brandmeyer, Assistant T n Manager Q��•OF.V;9� :5E AL OLOR� Town Council Meeting Minutes of April 16, 2013 Page 5