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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 Town Council Meeting Minutes of February 19, 2013 Page 2 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 Town Council Meeting Minutes of February 19, 2013 Page 4 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 �E AL f� itt oL'60OR� Town Council Meeting Minutes of February 19, 2013 Page 7