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HomeMy WebLinkAbout2002-04-02 Town Council MinutesTOWN COUNCIL EVENING MEETING TUESDAY, APRIL 2, 2002 7:00 P.M. TOV COUNCIL CHAMBERS The regular meeting of the Vail Town Council convened at 7:00 P.M., on Tuesday, April 2, 2002. MEMBERS PRESENT: STAFF MEMBERS PRESENT: Ludwig Kurz, Mayor Rod Slifer, Mayor Pro-Tem Dick Cleveland Diana Donovan Bill Jewitt Greg MofFet Chuck Ogilby Bob McLaurin, Town Manager Pam Brandmeyer, Asst. Town Manager Matt Mire, Town Attorney lbThe first item on the agenda was Citizen. Participation. Joe Staufer addressed the Council, distributing copies of an ad in the March, 2002, Travel & Leisure magazine that portrayed Beaver Creek in a better light than Vail, while Vail advertising money was used for the article. Staufer felt the town was spending money to promote our competitor and was a misuse of funds. Chris Caneva, Director of Operations at Mountain Haus, expressed frustration regarding deliveries taking place in front of the Mountain Haus. Mayor Kurz asked Caneva to hold his comments until the item was discussed later in the meeting. Diana Donovan presented a progress report on the Donovan Park Pavilion Committee. Donovan stated an article would be published in the Vail Daily tomorrow regarding the committee seeking two community members to select an architect to design Donovan Park Pavilion, the criteria being the volunteers must be Vail residents. One member to be selected from within the West Vail area; the other being selected from the Vail community at large. Donovan stated letters of interest were due to the town by noon April 12, 2002. The second item on the agenda was the Consent Agenda: a) Days of Remembrance Proclamation. 1 Town Council Minutes: April 2, 2002 The Proclamation was read into the record by Greg Moffet. Mayor Kurz proclaimed the Days of Remembrance of the victims of the Holocaust to be Sunday, April 7, through Sunday, April 14, 2002, including the International Day of Remembrance known as Yom Hashoah, April 9, 2002. Greg Moffet moved to accept the Proclamation and Dick Cleveland seconded the motion. A vote was taken and the motion passed unanimously, 7-0. b) Athletic Training Month Proclamation. Rod Slifer read the Proclamation into the record. Greg Moffet made a motion to approve the Proclamation and Bill Jewett seconded the motion. A vote was taken and the motion passed unanimously, 7-0. c) Approval of March 5t" and 19" evening meeting minutes. Rod Slifer made a motion to accept the minutes as read and Greg Moffet seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The third item on the agenda was the Black Gore Creek Sediment Update. Caroline Bradford of Eagle River Watershed Council made a slide presentation on the traction 49 sand that is flowing into the Black Lakes and Black Gore Creek and some actions that have been take to remediate the problem. Bradford commended Colorado Department of Transportation (CDOT) for their part in remediation, as well as the Town of Vail for the money given to remediate projects. Bradford stated she was now asking the Town for $10,000 in additional funds for this year's projects, as well as $25,000 for lobbying efforts for future projects. Dick Cleveland commented that Eagle County seemed to be missing from these projects. Caroline stated that she is on the agenda for the County Commissioners meeting this month. She also noted that they took a briefing paper to Washington, D.C. to make a presentation to Congress for funding. Greg Moffet commented on the cost of present and future problems. Bradford stated CDOT Action Plan was estimated to cost $19 million to implement, and it only addressed sediment within the road right of way and did not address past sediment problems. Bradford stated the total cost would approach $119 million. Greg Moffet asked Bob McLaurin if the town had used Real Estate Transfer Tax (RETT) money for this in the past. Bob McLaurin stated we had. Chuck Ogilby stated that a couple of years ago the town identified this as one of the biggest environmental concerns and this group has stepped forward and taken this off our plate. Ogilby stated the town should applaud them, and should consider giving them $50 thousand instead of the $35 thousand they are asking for. Bradford stated that could be leveraged with the state and the county and hopefully get more dollars from all. Greg Moffet stated if that was a motion, he would second it, taking the money from RETT. Diana Donovan supported giving $50K, stating the more • we spend now, the less we'll spend in the future. Bill Jewitt stated he sighted this as an 2 Town Council Minutes: April 2, 2002 . example of allowing community members to do what the town can't do for ourselves. Rick Sackbauer, of the Eagle River Water and Sanitation District, thanked Caroline and her group for their efforts. Sackbauer stated he would like to see this money go to keeping sand out of Black Lakes. Every grain of sand keeps water out of Black Lakes and we need all the water we can get. Unless we stop new sand from coming in, the problem is only going to get worse. Greg Hall stated the $40K in grant money for Vail Valley Drive was coming from enhancement funds and could go to this project in the future. Caroline stated she would like to use that with CDOT to possibly get a matching grant. There was no further discussion. A vote was taken on the motion and the motion passed unanimously, 7-0. The fourth item on the agenda was a review of the financing tools for funding the Lionshead public improvements and policy options for allowing construction to the build - to line. Russ Forrest outlined a list of public Improvements that should be designed and value engineered. Dee Wiser of Sherman & Howard discussed funding options and Steve Thompson was available to answer questions. Funding Opions: Traditional Funding: Debt service or Cash using Capital Projects Fund; Business improvement District or a Special Improvement District; Sales Tax; General Mill Levy Increase. Tax Increment Financing (TIF) Dee to address. Attractive because it is not a new tax but based on additional sales tax and property tax to be generated. Economic development tool authorized by statute. It is all property taxes and only town sales tax. Urban Renewal Authority (URA). Winter Park has. Must make a determination that there is a slum or blight in the area. Regularly scheduled election, or schedule at a Tabor election. Only County Commissioners have to be included and have veto power. Down -Town Development Authority (DDA), Crested Butte has. School districts have to be included and has veto power. Wiser stated there are significant differences between URA and DDA. Town Council can initiate DDA, but must have an election on it. If a timeshare is included within the DDA, timeshare owners would be qualified electors. He believed the Lionshead area meets the blight criteria. Wiser stated In terms of governance DDA has a Board that the Council can appoint. URA can have an independent board or a board that the Council yourselves can serve on. Wiser advised DDA did not have powers of condemnation, but URA does, stating timing of beginning the plan is critical. Tabor issues were discussed. Wiser advised Broomfield case went to Supreme court and has been dismissed. In Golden case it was determined that URA's are not subject to Tabor. Appeal has just been filed. Chuck Ogilby asked what was the time from decision to making this happen. • Dee Wiser stated this was complicated by the Tabor issue.. If the case above is settled in favor of Golden this can make a difference. Chuck Ogilby inquired if you are not 3 Town Council Minutes: April 2, 2002 asking for bonding, could the Council do it? Wiser stated he was not sure why you would want to bond it, stated in the URA scenario, he felt the town could get started in June and have an election in November. Town Manager McLaurin stated there would also be issues with Colorado Municipal League (CML). Wiser stated there is a hot button issue in the Legislature with TIF. Every year there is a bill entered because there is the belief that it is a way to steal money from other towns. Bill Jewitt asked if there was a difference in interest in the two methods. Chuck Ogilby asked on the political side of the DDA you've got the people who are right there on site raising money to protect their own interest. With the URA do you have the same thing? Dee Wiser stated from a voter perspective, it's a "no new taxes." Greg Moffet inquired if someone would have to register here to be an elector. Wiser stated no, the voter can be a landowner within the proposed district, but must be registered somewhere in Colorado. Bill Jewitt asked when you are talking about timeshares, do you count all owners or just the project. Rod Slifer asked if the funding could be packaged and included all in a November election. Dee stated it was a political decision as to whether you package it or spread it out. Jim Lamont, Vail Village Homeowners Association, asked Wiser if, under a DBA, properties have to be contiguous. Wiser stated no. Lamont then raised the issue of doing this property by property, so that a site could elect to join the DDA. If an adjacent property wanted to redevelop, could they ask to join that district. Wiser stated he thought that was right, but that it could get complex as you have 25-year periods running at different times. Lamont stated he thought the TIF has merit over the DDA, stating he thought this • will be a political hot button if Vail Village is asked to pay for development in Lionshead and advised the Council to be very careful in discussion of this. Chuck Ogilby expressed a concern he had regarding a few special interests that might not be for the general good. Lamont stated he thought there were plenty of checks and balances though the planning function, stating empowerment of specific areas as they go through development is critical. Rob Levine, General Manager of the Antlers. asked if it wasn't a good thing to be in a development area. Wiser stated yes, it was. Levine stated there are a number of people in the lodging community that are 100% supportive of a conference center in the north day lot, stating it would be an opportunity to get some less complicated things done on the RV lot. Levine stated he wanted to be part of the model for the Lionshead redevelopment, no matter what the financing mechanism is. Bill Jewitt stated Monterey County, California, has a lodging tax of around 10%, feeling lodging will be the primary beneficiary of the conference center. Jewitt asked Levine if he was opposed to a lodging tax Levine responded no, he was not. Bill Jewitt asked Levine what he thought it should be zoned. Rob Levine responded the group had not gotten that far yet. Chuck Ogilby recommended using the pavilion committee model to address the Lionshead redevelopment with the various community groups, to include Vail Resorts. Ogilby stated the need to define the group, and who is going to be on it and to pick representatives from the various community groups. Donovan stated it needed to stay a small group or it will not work, recommending one representative from each group. Rod Slifer recommended picking a date and to remember we are shooting for a November 4 Town Council Minutes: April 2, 2002 • election. Chuck Ogilby stated this was such an enormous undertaking he thought the staff will have to dedicate some time to it. Greg Moffet stated the Council needed a ramrod on this project, recommending Russ Forrest may need a dedicated resource or consultant. Diana Donovan cautioned she was hearing in this town that consultants were out, and staff does a better job at getting the job done. A committee of four Council Members including Chuck Ogilby, Rod Slifer, Diana Donovan and Ludwig Kurz was formed with Ludwig as point person to work with Russ' staff and start scheduling meetings. The fifth item on the agenda was a discussion of the Eagle County Health Service District Mill Levy increase. Bob Armour of the Board of Directors of Eagle County Health Services District made a presentation on the upcoming ballot issue. Armour left a fact sheet and some absentee ballots with the Council Members and staff and thanked the Council for their anticipated support in the May 7 election. Diana Donovan stated there is the issue of the lost revenue to the TOV because of the town's first responder status and asked if the they could bill through the District or be reimbursed by the District. Lyn Morgan stated that insurance companies will not allow billing to be combined for first responder and transporter. At Ludwig's prompting, Bob Armour stated that they would ask the question of the insurer and see if it could be . worked out. The sixth item on the agenda was First Reading of Ordinance No. 4, Series of 2002, an ordinance amending Title 12, Chapter 3, Administration and Enforcement, of the Vail Municipal Code to establish criteria for consideration and findings for zone district amendments to the Official Town of Vail Zoning Map and text amendments to Title 12, Zoning Regulations, and setting forth details in regard thereto. George Ruther stated that the Amendment was initiated by the Community Development Department, stating the Town of Vail Community Development Department was requesting to amend the Vail Town Code. Amendments to the Vail Town Code are permitted pursuant to Section 12-3-7. The proposed amendment to the Town Code is intended to establish criteria for consideration and findings for amendments to the regulations prescribed in Title 12 (Zoning Regulations) and zone district boundaries. Ruther advised at its January 28 and March 25, 2002, public hearings, the Planning & Environmental Commission reviewed and discussed the proposed text amendments. Following a lengthy discussion on the requests, the Planning & Environmental Commission voted unanimously (7-0) to forward a recommendation of approval to the Town Council for the proposed text amendments. The Planning and Environmental Commission's findings and recommendation are identified in the March 25, 2002, staff memorandum to the Commission. Greg made a motion to approve Ordinance No, 4, Series of 2002, on first reading w/changes on page 2 Section C1.b. adding "based on existing planning • documents" prior to semi colon; and a second change on pacae 2 to be supplied by Georae Ruther. Rod Slifer seconded the motion. Discussion followed. Dick Cleveland 5 Town Council Minutes: April 2, 2002 • clarified the issue of mailing address on page 1. A vote was taken on the motion and the motion passed unanimously, 7-0. A second reading was scheduled for May 7, 2002. The seventh item on the agenda was First Reading of Ordinance No. 5, Series of 2002, an ordinance amending Ordinance No. 12, Series of 1997, removing a condition of approval that prohibits the operation of restaurants within the special development district, and setting forth details in regard thereto. George Ruther presented the ordinance to the Council. After much discussion regarding number of deliveries and trash pickups that would be required, the Council decided that these should not be allowed in front of Mountain Haus. These issues were discussed at length when the SDD for Sonnenalp was approved. Chuck Ogilby made a motion to pass Ordinance No. 5, Series of 2002, an ordinance amending Ordinance No. 12, Series of 1997 on first reading with two conditions added in Section 6 as numbers 4 and 5. No. 4 would require use of the loading and delivery system now used by Sonrenalp; and No. 5 that this document be recorded. Greg Moffet seconded the motion. There was no further discussion. A vote was taken on the motion and the motion passed 5-2, Bill Jewitt and Dick Cleveland voting in opposition. The second reading was scheduled for the May 7 Public Hearing. • The eighth item on the agenda was Ordinance #7, Series of 2002, first reading, an ordinance adopting the Town of Vail Commission on Special Events (CSE) and guidelines; establishing a Commission for the process of reviewing proposed public special events for the Town of Vail; and setting forth details in regard thereto. Town attorney Mire opened the discussion by advising against becoming a partner in a non-profit organization. Frank Johnson of the VVCTB made a presentation along with Stephen Connelly of VCBA. Bill Jewett stated that this was an opportunity to take this off the Town Council's plate and let people in the community take the lead, just as Caroline Bradford's group had done with the traction sand cleanup. Chuck Ogilby stated that he is not comfortable with a non-profit. Greg Moffet stated that he would like to get this out of the political arena. Dick Cleveland stated that he agreed with Greg Moffet and is ready to give up control, advising the Council they will have funding control each year when they come to the Council. Moffet stated he wants to differentiate between cultural events and special events. Rod Slifer said he thinks it is great that the VVCTB and VCBA are both working together. Greg Moffet moved to table indefinitely and Bill Jewitt seconded. A vote was taken and the motion failed, Chuck, Rod, Diana and Ludwig voted against. Bill, Dick and Greg voted in favor. Chuck made a motion to include definitions of Special Events and Cultural Events. Rod seconded, then Chuck and Rod withdrew the motion. 0 Dick said he was in favor of funding definitions in whatever is passed. Town Council Minutes: April 2, 2002 Greg made a motion to table but to include definitions in the next iteration, and Dick seconded. A vote was called, but in the interim, Diana made a motion to approve draft Ordinance #7 with notes that she was holding in her hand, which was different from the 2 drafts that were included in the packet. Chuck seconded the motion. A vote was taken and the motion failed, 1-6, Donovan voting in favor. Kaye Ferry, Vail Chamber and Business Association, asked why Chuck opposed to a non-profit. Chuck stated that he is not comfortable with the Marketing Board and views this as the same thing. It was then mentioned that there was a still a motion on the floor that needed a vote. All voted in favor of tabling the motion until the next meeting, which would allow the staff to incorporate Diana's changes. Chuck stated that he wants definitions in any ordinance that is drafted. Rod stated he wants it clearly spelled out too. The ninth item on the agenda was an I.G.A. for weekend skier parking at the Eagle River Water and Sanitation District. Matt Mire requested approval for the Town Manager to sign the Agreement conditioned upon acceptance by the town's insurance carrier. Diana Donovan made a motion to have the Town Manager sign the Agreement as presented, conditioned on the insurance carrier's acceptance, and Bill Jewitt seconded. A vote was taken and the motion passed unanimously, 7-0. The tenth item on the agenda was the Town Manager's Report. Bob McLaurin requested that the Council set aside time for dinner with the Avon Town Council, and he would get back to them with some tentative dates. Matt Mire reminded the Council that the amicus brief in the water rights case is due Monday and he would like them to make a motion to allow him to sign the Golden brief. Greg Moffet made a motion to instruct the Town Attorney to sign the Golden brief subject to the following statement: The Town of Vail is a small western slope community with a recreation based economy where the use of water is necessary for recreational purposes and critical to the town's long term survival. Vail has also recently expended considerable amounts of time, . resources and effort to build a whitewater boating facility and/or 7 Town Council Minutes: April 2, 2002 • diversion conduit to create a recreational opportunity and is currently seeking to appropriate a water right to protect its investment. As such, the Town of Vail is concerned about any precedent set in the instant action. Dick Cleveland seconded the motion. A vote was taken and the motion passed unanimously, 7-0. Bob McLaurin asked for direction from the Council in responding the VRD's request to the town to pay for recent improvements to Dobson Arena in the amount of $2.4 million. Bob suggested that they consider paying for the cost of road improvement. It was the consensus of the Council that Bob should ask the VRD for a revised request on that basis. As there was no further business, a motion was made by Greg Moffet to adjourn the meeting and Bill Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 7-0, and the meeting was adjourned at 11:00 P.M. ATTEST: Morel Donaldson, Town Clerk Minutes taken by Mary Ann Best Town Council Minutes: April 2, 2002 Respectfully submitted, W t�/C Ludwig krz, Mayor SEAL