HomeMy WebLinkAbout2014-02-04 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, February 4, 2014
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: Ludwig Kurz, Mayor Pro Tern
Margaret l4ogers
Jenn Bruno
Dave Chapin
Dale Bugby
Absent: Andy Daly
Greg Moff(,-t
Staff members: Stan Zeml►;r, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Tammy Nagel, Acting Town Clerk
The first item on the agenda was recognition of Buck Allen's 35 year anniversary with the town
on February 13, 2014. Kurz presented Judge Allen wi-.h a plaque thanking him for his 35 years
of service as the town's municipal judge. Allen was 29 years old when he was appointed as the
town judge. Allen thanked the 1979 town council members for having faith in making him the
judge.
The second item on the agenda was Citizen Particip<<tion. There was no citizen participation.
Ludwig welcomed Vail Cub Scout Troop 231 who was in the audience working on their
Citizenship merit badge.
The third item on the agenda was the Consent Agenda:
1) Approval of January 7 and January 21 meeting minutes. Bugby made a motion to
approve the January 7 meeting minutes mith a second from Rogers. The motion
passed unanimously 5-0. Bugby made a motion to approve January 21 meeting
minutes with a second from Chapin. The motion passed unanimously 5-0.
The fourth item on the agenda was the Town Manager's Report. Town Manager Stan Zemler
asked council to confirm proposed dates to visit Park City on April 3 and 4 and October 9 and 10
to visit Aspen. Council agreed to confirm dates with Zemler before the February 21 town
council meeting.
The fifth item on the agenda was the Betty Ford Alpine Garden Foundation requesting
permission to proceed through the town's developme it review process with an application to
construct an education center in Gerald R. Ford Park. Community Development Director
George Ruther explained the Ford Park Master Plan identified the site of the proposed facility
Town Council Meeting Minutes of February 4, 2014 Page 1
along west Betty Ford Way, just northwest of the playground. The education center design, size
and program will be consistent with the approved 2013 Ford Park Master Plan. Rogers made a
motion to allow Betty Ford Alpine Garden Foundatior to proceed through the process with a
second from Chapin. Ludwig reminded Betty Ford Alpine Garden Foundation that this was an
approval to proceed through the process, but not app oval of the project. The motion passed
unanimously 5-0.
The sixth item on the agenda was the second readinc of Ordinance No. 4, Series of 2014, An
Ordinance Creating the Timber Ridge Enterprise Fund of the Town of Vail, Colorado; Making
Budget Adjustments to the Timber Ridge Enterprise Fund of the 2014 Budget for the Town of
Vail, Colorado; Authorizing the said Adjustment as Set Forth Herein; and Setting Forth Details in
Regard Thereto. Director of Financing Judy Camp stated there were no changes made to the
ordinance since the first reading. Rogers made a motion to approve Ordinance No. 4 on
second reading with a second from Bruno. The motion passed unanimously 5-0.
The seventh item on the agenda was the Road to 2015 Incentive Program. George Ruther
stated the purpose of the 2015 incentive program was to provide financial incentive to
commercial building owners and their tenants to c plete certain functional and aesthetic
exterior and interior building improvements within anTaround Vail Village, Lionshead and the
East and West Vail retail areas. These eli'lible projects include painting, sign
repair/replacement, awning repair/replacement, landscape improvements, deck improvements,
etc. The goal of the incentive program was to maintain and enhance the pedestrian experience;
provide comfortable and attractive places to shop and eat; and to make a first and lasting
positive impression of Vail during the 2015 World Alpine Ski Championships. The incentives
would include a refund on planning application fees, building permit application and plan review
fees and would expedite the application and plan review for permits submitted after March 1,
2014. Rogers hoped businesses would take advantage of this program. Chapin asked if there
was a limit on how many permits could be pulled * a business to take advantage of the
incentive program. Ruther responded there was no limit. Council instructed Ruther to go
forward with the Road to 2015 Incentive Program.
The eighth item on the agenda was the Vail construction update. Public Works Director Greg
Hall stated the town would be impacted by a significan number of large construction projects in
2014. Many of the most impactful projects are along the North and South Frontage Roads.
Starting in April, on the North Frontage Road from Ci y Market to Main Vail and on the South
Frontage Road from the Donovan Pavilion to Cascade the road shoulders will be widened by 6
feet for bike lanes. The Colorado Department of ran portation (CDOT) provided the town with
$100,000 for water quality vaults that will be schedule to be constructed in April — June on the
South Frontage Road from West Vail to the Donov n Pavilion. Staff is preparing to update
council at the February 18 Town Council meeting I concerning the South Frontage Road
medians, which will be located from the Lionshead Parking structure to Vail Spa. The median
project will begin in April and will be financed with Tax Increment Financing (TIF) dollars. Staff
is planning on having these projects completed by June so CDOT can begin 11 miles of asphalt
overlay on all Frontage Roads from July to October. Chief Engineer Tom Kassmel told council
the WiFi/4G Das project that started last fall would be completed in June. Kassmel stated 7 of
the 23 nodes have currently been installed. Rogers a ked if the Internet service would be town
wide in time for the 2015 World Championships. Kas mel responded that was the plan. Town
Manager Stan Zemler said he would arrange for Ron Oraden, Information Technology Director,
to update council on February 18 concerning inter t and 4G services. Kurz asked how
Town Council Meeting Minutes of February 4, 2014 Page 2
important were the Lionshead medians on the Frontage. Kassmel responded the project was
more of an aesthetic improvement. Rogers asked f the Frontage Road projects could be
scheduled to complement each other to allow use of the other Frontage Road while one is
under construction. Kassmel said it would depend on the contractor. Chapin requested
confirmation that the construction would not interfere with the GoPro Games. Kassmel informed
council that staff planned to communicate possible construction delays to guests and
homeowners through the town's construction new and by hosting construction kick off
meetings and weekly neighborhood meetings starting i i spring. There was no public input.
The ninth item on the agenda was Vail 21 Encroachrr ent, permission to precede, DRB130567.
The Vail 21 Property located at 610 West Lionshea Circle proposed building improvements
that included minor airspace encroachments into own of Vail property. The applicant
requested permission to proceed through the Desig Review Process and if acceptable to
Council, enter into revocable permit agreement with t e Town of Vail for said encroachments.
Community Development Planner Jonathan Spence said the Vail 21 property was originally
constructed in 1972 as a mixed -use property whi ;h consists currently of 21 residential
condominiums with commercial spaces on the basement and first floor levels. The Vail 21
Homeowners Association proposed an exterior remod,:l and updating of the structure with new
windows, doors, railings, etc. Will Hentschel, with 3�9 Design, addressed council requesting
permission for three levels of air space encroachments: 1. a 5'x3' portion of a larger retail entry
trellis at the eastern entry of Vail Sports; 2. a 0-2' and 2'-6"x12' retail sunshade element at the
south eastern storefront of Vail Sports Performance Rentals; and 3. resurface of the stair and
retail entry trellis, which is currently located at the top step of the retail stairs at Birkshire
Hathaway. Rogers requested substantial landscaping and art work to be added to the property
for public benefit. Town Attorney Matt Mire remind¢d council the action requested was for
approval to go through the process and not approval hf the project. Rogers made a motion to
allow the applicant to proceed through the development review process with the proposed
encroachments with a second from Chapin. The motion passed unanimously 5-0.
The tenth item on the agenda was commercial sk storage/private ski clubs. Community
Development Planner Jonathan Spence returned to council with responses to their questions
they had during the January 7 work session commercial ski storage/private clubs presentation.
At that meeting council requested additional information concerning sales tax generation; a
better understanding of the varieties of ski storage/privto ski clubs in operation; and recognized
seasonality and its impacts on the guest experience, commercial vibrancy, village vitality and
sales tax collections as a concern. Spence said the Community Development Department with
the assistance of the Finance Department has put together average sales tax generations per
square foot based on an analysis of 7 restaurants located in either Vail Village or Lionshead.
The average sales tax generation per square foot on a yearly basis was $17.00. For a
restaurant of 2300 square feet the yearly generated s les tax was $39,100. Staff also analyzed
the sales tax generation numbers for 3 ski storage/ski clubs establishments also located in Vail
Village or Lionshead. The average sales tax gener ed per square foot on a yearly basis is
$2.29. For an operation of 2300 square feet; the yearly generated sales tax would be $5,267.
Spence stated for potential displacement of office user there have been comprehensive studies
or tracking of office space in Vail Village or in Lionsh aad in recent years. Spence spoke with
Mike Pearson, President and Managing Broker of N AI Mountain Commercial, who believed
there was neither an unmet need nor a situation of excess in relation to office space and he did
not anticipate a displacement related to more location�l user's who needed a close proximity to
the ski edge for their operations. In response to cooncil's questions concerning a variety of
Town Council Meeting Minutes of February 4, 2014 Page 3
uses and use seasonality, Spence referred to a classification of commercial ski storage/private
ski clubs graph that was provided to council in their packets. Spence said he met with 9 ski
storage operators and what he found was there were ;i different types of ski storage/private ski
clubs: traditional ski storage, private ski club, concierge hotel service, overnight slopeside ski
storage and a remote community ski club. Each classif cation had its own attributes and impacts
such as customer base, level of staffing, storage location, affiliations, valet, seasonality,
demand, additional amenities and fee structure. Dominick Mauriello, representing property
owner Rick Mueller, agreed with the staff analysis. PAaureillo said location was an issue and
guests want locker facilities close to the base of the mountain. The older generation and young
families with kids do not want to lug their equipment from the parking structures through the
village. Mauriello suggested that rather than reserviiig the second floor units located at the
base of the mountain for office/retail uses; use those spaces for more of what the demands are.
Mauriello went onto suggest that his client's Vista Bahq building was in a prime location for that
type of service rather than being a prime location for a (restaurant, for example. Chapin said the
locker rooms that were being discussed sound to be more like a private club and will not
improve guest experience for all. Additionally, Chapin disagreed with Mauriello that a second
floor restaurant could not be successful in that buildi ig. Rogers asked if a private club was
being proposed to go into that space. Mauriello slated it was a public locker facility with
showers. Some lockers might be leased by hotels for their guests to use. Mauriello said there
would be a loyalty created where guests will stay in the! village longer to shop and dine because
they had a locker to keep their ski gear in rather than lugging it to their cars. Rogers stated she
was leaning towards making the change to the core u ;e because the demands have changed.
Kurz agreed the demand and needs are changing, bit he did not agree with making changes
based on one application. Bruno confirmed with Spence that there still were lockers available in
Vail Village and in Liuonshead with the current dem d. Bruno cautioned there could be an
easy way out for a second floor building and the tow might end up with a lot of ski storage if
council is not careful. Rogers said this is why she is i favor of a conditional use and not just
permitting it outright. Rogers explained the Plannind and Environmental Commission (PEC)
would develop guidelines for that type of use. Town Manager Stan Zemler confirmed that
council was interested in allowing this type of use on second floors with guidelines in a
managed format. Spence will draft guidelines to present to the PEC and will return to council in
two weeks. Community Director George Ruther stated he believed he understood council and
that there was a desire to make changes to the policy concerning the ski storage business, but
council wanted staff to keep in mind the impacts on the town's direct and indirect sales tax
collection, the seasonality uses and for staff to look i o the policies of the other uses that are
currently being allowed so to not displace those currer t uses. Ruther said staff would go to the
PEC with options for their consideration and return to council with the PEC's recommendation
on March 4. Kurz asked for public comment. Tom Ne) ens, Ski Valet, said second floor owners
will think this will be easy money and there would bE a flood of lockers. Neyens said below
ground level space works for a locker facility, not sedond floor units. Gwen Scalpello agreed
with Neyens. Scalpello was additionally concerned that ski lockers could not produce year round
use. Rogers asked for staff to provide an update to council on February18.
The eleventh item on the agenda was the first reading of Ordinance No. 5, Series of 2014, An
Ordinance Amending Section 6-3C06 of the Vail Towr Code to Reconcile the Town Code with
C.R.S § 18-18-406 Concerning Penalties for the Possession and Open and Public Display or
Consumption of Marijuana. Town Attorney Matt Mire requested council not to take any action on
this ordinance at this time so that he may talk to both the town police department and the
municipal courts concerning these penalties.
Town Council Meeting Minutes of February 4, 2014 Page 4
The twelfth item on the agenda was the Wall Street Appeal of Design Review Board (DRB)
Decision. An appeal pursuant to Section 12-3-3, Appeals, Vail Town Code, of the final decision
of the DRB on December 18, 2013, approving, witt conditions, a commercial addition and
exterior alterations to the facade to the Wall Street Buiding, located at 225 Wall Street/Lot B&C,
Block 5C, Vail Village Filing 1, and setting forth detailsin regard thereto (DRB130552). Rogers
made a motion to continue the appeal to the Februa 18, 2014, Town Council meeting with a
second from Bruno. The motion passed 4-0-1 (Chapin recused himself).
The thirteenth item on the agenda was the Adjournment. There being no further business,
Bugby made a motion to adjourn with a second from Chapin. The motion passed unanimously
5-0. Council adjourned at 8:09 p.m.
Respectfu ly Submitted,
Attest:��--
Ludwig Kurz, Mayor Ko Tern
4
T my Nag Acting Tow Cler .•9�
. SEA
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�0 riR n0�.
Town Council Meeting Minutes of February 4, 2014 Page 5