HomeMy WebLinkAbout2013-02-19 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, February 19, 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
Ludwig Kurz, Mayor Pro-tem
Greg Moffet
Margaret Rogers
Susie Tjossem
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Lorelei Donaldson, Town Clerk
Andy Daly asked for a moment of silence in honor of one of the Town of Vail Police Officers,
Brad Baldwin, who passed away last week.
The first item on the agenda was Proclamation No. 1, Series of 2013, One Book One Valley.
Mayor Daly read Proclamation No. 1, Series of 2013, into the public record. Moffet made a
motion to accept Proclamation No.1 and the motion was seconded by Foley. A vote was taken
and the motion passed unanimously, 7-0.
Lori Ann Barnes, Vail Librarian, said the 2013 book for One Book One Valley was "Into the
Beautiful North." This book will reach more people as it is in Spanish and English. The towns of
Avon and Eagle, as well as Eagle County, have all adopted the One Book One Valley project.
The library has 15 copies of the book available and currently they are all checked out. She
invited the public and the Council to the Vail Library's Grand Re -Opening Celebration on Friday,
March 8 h.
The second item on the agenda was Citizen Participation. There was no citizen's participation.
Foley sent out condolences to the Moritz family as Marie Claire Moritz passed away recently.
Daly read into the record a letter from a one of the veterans who participated in the Vail Valley
Veteran's ski program. The veterans are grateful for this program. Foley also congratulated
Michaela Shiffrin on her gold medal in the World Alpine Ski Championships.
Susie Tjossem offered condolences to the Simonton family on June's passing.
Town Council Meeting Minutes of February 19, 2013 Page 1
The third item on the agenda was the Consent Agenda. On the consent agenda was the
appointment of Davy Ratchford to the Vail Local Marketing District Advisory Council (VLMDAC).
Moffet made a motion to appoint Davy Ratchford to the VLMDAC as the Vail Resorts Inc.
representative. The motion was seconded by Foley. A vote was taken and the motion passed
unanimously, 7-0.
The fourth item on the agenda was the Town Manager Report. The first item of discussion was
Timber Ridge.
Stan Zemler, Town Manager, clarified that Council had given permission in June of 2012 to
pursue working with Jen Wright and Gary Gorman in redeveloping Timber Ridge. He said there
had been some confusion so he wanted to clarify how the town proceeded with Wright and
Gorman to redevelop Timber Ridge. The town had pursued Request for Proposals (RFP) for
this project three times prior with no positive results. He said the Council had good questions
on next steps. A market study, a proforma and retaining an owner's representative for the
project would answer many questions on the redevelopment in collaboration with Wright and
Gorman to get information the town needed to move forward. R.A. Nelson Construction has
done pro bono work on how much this project would cost. Zemler asked for Council feedback.
Daly asked the town attorney, Matt Mire, to address what Council's responsibility is for this
project. Mire said there was leeway for Council to do what they want as it is the town's property.
Foley said he wanted to move forward with Wright and Gorman. Donovan said she was
thankful to get the background information to remind the Council of the decisions they had
made. She is in favor of moving forward as well. Moffet said if they have a responsible
developer and are comfortable to manage the process, he is in favor of doing the next steps.
Rogers said she voted against this the last time. She is concerned about the process. She said
previously there were 600 beds and now they are talking about 200 beds. Her concern is that
now there may be other developers that can do 200 beds on this site. She wants others to have
an opportunity and wants to do an RFP with 200 pillows and have good competition for this site.
Kurz said he is comfortable proceeding with Wright and Gorman. Tjossem said she is in
support of going forward with Wright and Gorman. She is comfortable since both have
completed numerous projects in town in the past. Daly said he also supports moving forward.
He said the market study will identify the type of units that will be year-round rentals for folks
working and living in town. This still allows redevelopment of the western portion of the site for
part-time residents. The developer will be operating this project with a long term lease and the
onus will be on them to make this a long term success. The property will come back to the town
after the lease term. This property will continue to be part of the community. Rogers asked as
a part of when the market study, will there also be a study as to how many units are needed for
seasonal employees. Zemler said that could be addressed as well in the market study. Zemler
said there is an exit strategy for both parties. When the market study and proforma are done,
there is potential to mutually or individually decide this may not be the path to go down.
The second item under the town manager's report was a discussion regarding the proposed
synthetic infields at Ford Park.
Oppenheimer read into the record the ballot language that was approved by voters on the use
of conference center funds to enhance the Ford Park fields. He said replacing the current infield
dirt with synthetic material is necessary for the safety of the players for Lacrosse and softball.
There is money in the budget for this. He reviewed the diagrams showing where the infields
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overlap the area for two lacrosse fields where the synthetic material is needed to flatten the
infields.
He said the league play and tournaments are big economic drivers for the town. The safety
concerns of playing from dirt infield and grassy area for tournaments is big. He reviewed the
memorandum with Council. He had samples of the synthetic turf that he shared.
Mike Ortiz, Vail Recreation District (VRD) Director, said when the VRD had previously come
before Council, they noted they were restricted in having more tournaments. If they are building
new fields, the VRD needs to step up with new improvements and keep pace with rest of the
town's redevelopment and be able to attract more events. Moffet asked how the synthetic
infields prevent people from tripping from one material to another. Oppenheimer said getting a
foundation in the ground that is not affected by frost and wrapping it under the natural outfield
allows it to stay put. Moffet said they need to build into the budget the reconstruction of the
margins every year or every few years and they would need to budget appropriately for repairs.
Rogers asked if this is done routinely in our climate. Oppenheimer stated synthetic fields are
used in Michigan, Wisconsin and across the Mid West. He said there is an eight (8) year
warranty and there is a two year workmanship guarantee, which is standard for them. The VRD
will rely on field designers to pick the right material to use for Vail. Donovan had questions on
environmental safety and other concerns.
Foley made a motion to move forward with the synthetic infield. Further discussion ensued
regarding types of footwear while running from one type of surface onto another.
Daly said this only needs to go to the Design Review Board (DRB). He would like to have more
public input. He asked about the budget for the synthetic infields. Oppenheimer said this is
covered in the current budget, but the $360,000 is an estimate only.
Rogers asked about the lines for each of the sports. Ortiz said the lines for both sports are
sewn into the material.
Kurz seconded the motion.
Jim Lamont, representing the Vail Homeowners Association, said this was a subject of great
discussion and debate. He said the prior Council promised the money to be allocated out of the
conference center funds for the fields for the turf on the field was going to be natural. The
project is now changing and renigs on the position of the former Council members. He wants
the current Council to stand up and support the previous Council's decision to keep it natural.
Rogers asked if they were taking natural turf and turning it into synthetic fields. Ortiz said this
was not what they were doing. They are turning the infield dirt into synthetic fields. Rogers said
this doesn't conflict with the previous Council's decision. Tjossem said the voters approved the
second full lacrosse field. The only way to get those and keep the three softball fields is to use
synthetic infield. This is a safety issue and they are not taking away natural turf; this is the dirt
area. Daly is voting against it because he doesn't approve of the process being taken. The
public needs to weigh in on this.
Oppenheimer said there are additional DRB hearings regarding Ford Park in which the public is
invited to attend. Daly wants this to item to come before Council again and be a separate
agenda item so the public can weigh in.
Town Council Meeting Minutes of February 19, 2013 Page 3
Foley said he could withdraw his motion and get it on another agenda as a separate item.
Rogers said there was a package of information under the town manager report. This was a
thorough discussion and there was plenty of information given to the public. Moffet agrees with
Rogers. Oppenheimer stated if they bring it back on the March 5 meeting there, is not an
impact. But if it doesn't come back for a month, it would have an impact. He said the
newspaper will be reporting on it and the public can go to the DRB meeting. He sent out
arequest for qualifications a month ago and there is interest. An RFP will get a plan with costs
on how professional firms approach this project. Those proposals are due back Friday, March
1. The staff needs time to go through the applications and interview firms. The DRB meeting is
not scheduled yet.
Ruther said roles and responsibilities need to be clear. As owners, does Council want staff to
move forward and present this to DRB. He reiterated that the DRB public hearing allows the
public to participate.
A vote was taken and the motion to approve the synthetic fields going forward to DRB. The
motion passed 5-2, with Daly and Donovan opposed.
The fifth item on the agenda was a request for the Council to reconsider an encroachment into
an existing view corridor, pursuant to Section 12-22-6, Vail Town Code.
George Ruther, Community Development Director, stated on February 5, 2013, Council
considered a request for an encroachment into an existing view corridor, Resolution No. 3,
Series of 2013. Following a site visit to the affected view point (View Point #8) in Lionshead and
a presentation by staff of the Planning and Environmental Commission's (PEC) action approving
the request, a motion to approve Resolution No. 3, Series of 2013, failed due to a lack of
majority vote (3-3). That being the case, it is likely a motion denying said resolution would have
failed due to a lack of majority vote.
Ruther said staff recommends Council grant the request to reconsider action taken on
Resolution No. 3, Series of 2013. Staffs recommendation is based on the following factors:
the Council was evenly split on the motion (3-3) and the applicant was not afforded an
opportunity to make the full presentation they had made to the PEC.
Foley said Moffet was the only member that was not in attendance at the last meeting and
should this be tabled to the next meeting to allow him to visit the site. Kurz asked Mire if this
was the correct process for Council to reconsider this item.
Tjossem said when the Council considered this item at the last meeting, it was a very long day
and this item was brought up late in the day. Also, the applicant was not given the opportunity
to make a presentation. Tjossem stated she did not ask any questions at the last meeting and
she voted against the project without the applicant knowing where she stood on it. The
applicant didn't have the opportunity to either make a presentation or ask for it to be tabled.
She takes responsibility for that error. She is in favor of reconsidering this resolution.
Tjossem made a motion to reconsider Resolution No. 3, Series of 2013, and the motion was
seconded by Foley. Moffet stated he had a problem with the procedure. Mire said the applicant
cannot ask for this to be reconsidered. The town staff has asked for this to be on the agenda.
Donovan is also uncomfortable with the procedure. Rogers also didn't like the procedure and
felt the motion to reconsider was improper. She stated the applicant was not given the
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opportunity to make a presentation and she had made a motion prior to the applicant's
presentation. She is willing to reconsider this as the applicant didn't have an opportunity to
present their case.
A vote was taken to reconsider Resolution No. 3, Series of 2013, and the motion passed, 4-3,
with Daly, Donovan and Moffet opposed.
The sixth item on the agenda was Resolution No. 3, Series of 2013 a resolution approving an
encroachment into an existing view corridor, pursuant to Section 12-22-6, Encroachments Into
Existing View Corridors, Vail Town Code to allow for the encroachment of an addition to the
Lionshead Centre Building into View Point #8, located at 520 East Lionshead Circle/Lot 5, Block
1, Vail Lionshead Filing 1, and setting forth details in regard thereto.
Moffet stated he didn't need a site visit.
George Ruther, Community Development Director, stated view corridors have been established
within the Town of Vail to maintain and protect certain views to the surrounding area from public
plazas and pedestrian ways. Encroachments into existing view corridors are allowed when it
can be determined that the proposed encroachment does not negatively impact the intended
purpose of the view corridor. Three residential property owners within the Lionshead Centre
Building are proposing to complete residential additions to their dwelling units. The proposed
additions encroach into View Corridor #8. In order to construct the residential additions as
proposed, the property owners must first be granted permission by the Town of Vail to encroach
upon the existing view corridor. The PEC has granted an approval of the request for an
encroachment into View Corridor #8. The approval was granted based upon the review of the
criteria and findings outlined in the memorandum to the PEC dated, January 14, 2013.
Staff recommends the Council uphold the approval of the PEC and grant an approval of
Resolution No. 3, Series of 2013, with the conditions as read.
Discussion on where view corridors need to be considered ensued.
Allison Kent, with Mauriello Planning Group, reviewed a power point presentation regarding the
project to Council. She stated one of the owners, Federico Gaxiola, was also in attendance and
wanted to address the Council. Gaxiola stated a new building was supposed to be done in
2007 but due to the economy, that didn't happen. Since then the association and owners are
now trying to improve and remodel the building. This is the only way they can improve this
building until such time as a new building is proposed.
Tjossem asked about redesigning the space so it would not encroach 1.6 feet into the view point
and how would that change the functionality of the space. Kent stated the entire length of the
space would have to change and the window pattern would change. The design is meant to
match the current building. The DRB felt this was the best way to maintain the aesthetics of the
building.
Tjossem asked Ruther about what the depth of the bay is. Ruther said it is 25 feet in length but
the building is not coming out 25 feet. Moffet asked if this complies with the Lionshead Master
Plan. Ruther said there are five criteria that were considered. One of the criteria addressed the
impacts to the land use plan and other master plans. The PEC and DRB determined this
project did not have a detrimental effect to the master plan. The PEC also determined that it
complied with the findings and conditions of the master plan. This building has an additional
Town Council Meeting Minutes of February 19, 2013 Page 5
allowable GRFA of 130,000 square feet for the building. The applicant has asked for a little
over 800 square feet.
Moffet said flexibility in The Lionshead Master Plan allows for this and they met the conditions.
Jeff Babb, the Lionshead Center Association President, said the association is trying to look at
the building as a whole and trying to redevelop without rebuilding the whole building. The
applicants will be purchasing air space and revenue will go to the overall master plan for the rest
of building. He said safety aspects include upgrades of the elevators.
Rogers made a motion to approve Resolution No. 3, Series of 2013, and the motion was
seconded by Kurz. Donovan stated she will not support the motion for several reasons. She
doesn't want this project to encroach into the view corridor, doesn't see an aesthetic benefit and
doesn't support the concept of the build -to -line. Foley said he will support this. He has lived in
Lionshead for years. He has experience with view corridors, and he walks by this project every
day of the week and understands things will change. This is miniscule and not a detriment to
the town. A vote was taken and the motion passed, 6-1. with Donovan opposed.
The seventh item on the agenda was Resolution No. 4, Series of 2013, a resolution amending
the Lionshead Redevelopment Master Plan (LRMP), pursuant to Section 2.8, Adoption and
Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to amend the
recommendations for the central pedestrian plaza (Sundial Plaza) in Section 5.8.6, Plazas and
Nodes, Lionshead Redevelopment Master Plan, and setting forth details in regard thereto.
Warren Campbell, Chief Planner, said the subject property was a part of the original Town of
Vail which became effective by the election of August 23, 1966, and the court order of August
26, 1966. In 2008, the Council instructed staff to locate and build a park in Lionshead per the
LRMP. After examining all town -owned locations, Sundial Plaza was selected as the only
adequate location for a public park. The Council has approved funding for a park in Sundial
Plaza as part of the 2013 municipal budget. On January 28, 2013, the Planning and
Environmental Commission (PEC) held a hearing to review the proposed amendments to the
LRMP and an accompanying conditional use permit application. The PEC recommended
approval for the proposed LRMP amendments to the Council with a vote of 7-0-0.
Campbell said based on the criteria and findings outlined in Section VI of the PEC
memorandum, dated January 28, 2013, and the evidence and testimony presented, the
PEC recommends the Council approve Resolution No. 4, Series of 2013.
Moffet made a motion to approve Resolution No. 4, Series of 2013, and the motion was
seconded by Foley. Foley said there are a lot of people in Lionshead excited about this project.
A vote was taken and the motion passed, 7-0.
The eighth item on the agenda was first reading of Ordinance No. 5, Series of 2013, an
ordinance repealing and re-enacting Ordinance No. 7, Series of 2010, reestablishing the
approved development plan and development standards for site coverage, density and
landscaping for Special Development District No.37, Tivoli Lodge, in accordance with Section
12-9A-10, Amendment Procedures, Vail Town Code, to allow for an addition to an
accommodation unit, an office and a meeting room, at the Tivoli Lodge, located at 386Hanson
Ranch Road/ Lot E, Block 2, Vail Village 5th Filing, and setting forth details in regard thereto.
Town Council Meeting Minutes of February 19, 2013 Page 6
A site visit was done earlier in the day. , Warren Campbell, Chief of Planning, reviewed the
memorandum and power point with Council. He said on February 11, 2013, the Planning and
Environmental Commission (PEC) forwarded a recommendation of approval to the Council for
Ordinance No. 5, Series of 2013, by a vote of 7-0-0 with the following conditions: 1 ) This
approval includes two revised plan sheets A4.0 and A5.4 dated February 8, 2013; 2) The
applicant shall receive permission from the adjacent property owner (Vail Associates) for access
for construction in conjunction with any building permits; and 3) Approval of an amendment to
the SDD is contingent upon the applicant obtaining Town of Vail approval of the associated
design review application.
Bob Lazier, owner of the Tivoli, said the changes are to smooth out the operation of the hotel
and to address the ice problems.
Foley made a motion to approve first reading of Ordinance No. 5, Series of 2013, and the
motion was seconded by Rogers. Daly had two concerns: the push out of conference space
should not take away from the attractiveness of the building and the office needs to blend into
the overall building. A vote was taken and the motion passed, 7-0.
The ninth item on the agenda was adjournment.
As there was no further business, Moffet made a motion to adjourn and the motion was
seconded by Foley. A vote was taken and the motion passed unanimously, 7-0. The meeting
adjourned at 8:15 p.m.
Attest:-,
Lorel i Donaldson, Town Clerk
Respec Submitted,
Andrew P. Daly, Mayor
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Town Council Meeting Minutes of February 19, 2013 Page 7