Loading...
HomeMy WebLinkAbout2003-07-01 Town Council Minutes• VAIL TOWN COUNCIL MEETING MINUTES TUESDAY, JULY 1, 2003 The regular meeting of the Vail Town Council was called to order at 7:00 P.M., on Tuesday, July 1, 2003, in the Vail Town Council Chambers. MEMBERS PRESENT: Ludwig Kurz, Mayor Rod Slifer, Mayor Pro-Tem Dick Cleveland Diana Donovan Bill Jewitt Greg Moffet Chuck Ogilby STAFF PRESENT: Pam Brandmeyer, Interim Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. Tom Steinberg appeared before the Council to offer his reluctant support for the temporary use of the Ford Park softball fields for ski season parking. Steinberg suggested that a contract be signed between the town • and Vail Resorts in which the two parties would agree to certain terms and conditions. He suggested the use be temporary, perhaps a minimum of three years, and that Vail Resorts be required to restore the fields to their natural state at the end of the contract period. Steinberg's apprehension, in part, is due to safety concerns, he said. Steinberg suggested the need for a safe pedestrian route, such as across the Manor Vail bridge or the streamwalk, rather than alongside the Frontage Road or Vail Valley Drive. While noting some fundamental disagreements about the town's parking role, which he said lies squarely with Vail Resorts, Joe Staufer also said he would find use of the fields at Ford Park acceptable to people so long as the use is limited to fewer than five years, the cost is borne by Vail Resorts and the fields are restored to their natural state once the use is complete. Staufer also suggested the need for a contractual agreement to avoid misunderstandings in the future. Flo Steinberg expressed opposition to using the fields for ski season parking, criticizing Vail Resorts for its decision to continue to attract day skiers to the resort. Steinberg said the company's actions will cause overcrowding situations and will negatively impact the destination skier market. • Kaye Ferry of the Vail Chamber and Business Association (VCBA) presented • the organization's parking recommendations in preparation for Town Council consideration of the 2003-04 winter program. The VCBA recommends restoration of the 90-minute free parking program and the return of Free After 3. In addition, Ferry said the group endorses alternative parking options, such as use of the Ford Park softball fields, to keep cars off the Frontage Road. Bill Hanlon expressed support for returning to the Free After 3 parking program, as well as other parking options, such as the Ford Park proposal. If parking is allowed on the Frontage Road next season, Hanlon suggested shortening the time allowed on the roadway, saying the 11 p.m. allowance is too long. With the parking structures emptying out after the lifts close, Hanlon said vehicles from the Frontage Road could be moved into the structures, which would also improve late -night pedestrian safety. On behalf of his family's business, John Gorsuch also expressed support for reinstating the Free After 3 parking program, saying it contributes to the town's vitality. Gorsuch also stressed the importance of having ample customer parking. Paul Rondeau emphasized pedestrian safety concerns in suggesting the • town eliminate parking on the Frontage Road during ski season. He noted the town's liability, be it moral or legal, in the event of a tragic accident. • The second item on the agenda was the Consent Agenda re: June 3 and June 17 Evening Meeting Minutes. Greg Moffet moved to table approval of the June 3 meeting minutes and to approve the June 17 minutes. Dick Cleveland seconded the motion. The Council asked that revisions be made to the June 3 minutes to clarify its discussion on the fire services agenda topic. The third item on the agenda was a Tax Equity and Fiscal Responsibility Hearing Act (TEFRA) Hearing. To meet the technical requirements of the Internal Revenue Service Code, the Council conducted a public hearing to solicit comments on the town's role in the issuance of private activity bonds for the Middle Creek Village housing development. No testimony was offered. The fourth item on the agenda (originally item #12 on the agenda) was the second reading of Ordinance #15, Series of 2003, regarding Private Activity Bonds for Middle Creek, authorizing issuance of a maximum of $18.5 million in bonds by the town for the Middle Creek Village housing development. Greg Moffet moved to approve the ordinance as read. Bill Jewitt seconded the motion. A vote was taken and the motion passed 6-1, Diana Donovan opposed. In voting to approve the ordinance, Councilmembers said the town's role was to serve as a conduit to obtain tax-exempt Pa • status. There is no debt or obligation on behalf of the town. Bond proceeds will be loaned to Middle Creek Village, LLC., which will be solely responsible to pay for debt service on the bonds as well as issuance costs. In voting against the ordinance, Councilmember Diana Donovan said the Middle Creek project doesn't serve the town's interests and would be turned down if it went to a public vote. The next item on the agenda was a discussion on the November Election. During the discussion, Interim Town Manager Pam Brandmeyer had asked the Council to consider adding an additional .61 mills to the ballot measure for staffing and operation of the third fire station, noting that a funding source for the anticipated $325,000 in annual expenses is yet to be identified. At the suggestion of Dick Cleveland, the Council majority said it preferred to exclude operational expenses from the ballot so as not to inhibit consolidation discussions with other emergency services providers. During the public comment period, Paul Rondeau said that while he was an opponent of a 4 mill property tax increase which was placed on the ballot by the Town Council last year, he would be a proponent this time, largely because of what he described as a "bite -sized" proposal. Rondeau said a property tax for fire and first responder services in the new Millennium would serve a need to help restore the split in sales tax revenue allocations between town operations and capital costs. More specifically, he said a third fire station would meet an established need in that it would: 1) strategically locate a fire station on the north side of 1-70 and on the west end of town; 2) provide more uniform, fast response time for fire and first responder services along the 10 mile long town; and 3) provide needed back-up • when multiple emergency services events occur in town or on I-70. Rondeau said he would support adding operational expenses to the ballot measure so long as an annual audit could be conducted to judge productivity and effectiveness. He also suggested that a fire company citizens academy be formed to add a volunteer component to the department's operations. Also speaking was Rick Scalpello who suggested that a demo - rebuild of the Main Vail fire station may be more cost-effective than a remodel. Dick Cleveland moved to direct staff to prepare an ordinance for the November ballot that would contain a property tax of fewer than .81 mills which would be used to construct and equip a new fire station in West Vail and to rebuild the Main Vail fire station. Greg Moffet seconded the motion. A vote was taken and the motion passed 5-2, Bill Jewitt and Diana Donovan opposed. In voting against the motion, Bill Jewitt said the town should find a way to fund core services, such as fire station improvements, out of existing revenues rather than rely on voter sentiment, while Diana Donovan raised questions about the need for a third fire station. The mill levy would sunset after the bonds are retired. In voting to lower the .81 mill levy rate, the Council majority asked that a new rate be established that would correspond to a modified construction budget of $3.2 million for the new fire station. The .81 mill levy rate had been calculated based on a $4.2 million fire station budget. The next item on the agenda was a Request to Honor Fallen Cyclist Brett Malin. The Council approved a request by Adam Palmer and other members of the cycling community to erect a memorial plaque on the Dowd Junction recreational path bridge to honor Brett Malin, who was killed on June 18 when he was hit by a tractor trailer while 0 • competing for Team Vail during the Race Across America cycling event. The plaque will be erected on or before July 13 to coincide with a community memorial service. The group was asked to coordinate details with Interim Town Manager Pam Brandmeyer. The next item on the agenda was the Ore House Awning Appeal. Allison Ochs, town planner, presented the appeal to the Council, stating the applicant was appealing to overturn Design Review Board denial of a plastic shade on the dining deck at the Ore House and to direct staff to explore a regulatory component for future applications. Ochs stated the Ore House shade was intended to shield patrons during inclement weather. During his appeal to the Town Council, applicant Larry Anderson, manager of the Ore House, said the shade/awning had been in place for 4 to 5 years and had caused no harm to anyone. The device is never used in the winter, he said, and is used sparingly during the summer. In addition, Anderson said his restaurant has no interest in enclosing the outdoor dining deck and is prohibited from doing so. Anderson also raised an equity issue, noting that a similar plastic awning is in use at Pepi's. While noting the shade/awning has been in use for several years, Mayor Ludwig Kurz also noted the businesses' failure to receive town approval, which was acknowledged by Anderson. During the public hearing, John Gorsuch urged the Council to allow the plastic awning, noting its utilitarian function and its widespread use at other resorts across the country. Also speaking in favor of the appeal was Kaye Ferry of the Vail Chamber and Business Association who said the plastic awnings, which are discouraged by the town's guidelines, would be less intrusive than the allowable canvas material. Ferry likened the • awning request to an umbrella and urged the Council to be a proactive partner in responding to business needs. Greg Moffet made a motion to overturn the DRB decision subject o design guidelines. Bill Jewitt seconded the motion. A vote was taken and the motion passed 6-1, Donovan opposed. In voting to overturn denial of the application, Councilmembers found that the plastic shades meet the intent of the design guidelines. In voting against the motion, Diana Donovan expressed concerns about an eventual deck enclosure and the lack of conditions tied to the application. The next item on the agenda was an appeal of the June 9, 2003, Planning and Environmental Commission decision to approve with conditions a request for a variance for Nine Vail Road Parking and Loading. The Nine Vail Road parking issues surfaced during review of the redevelopment application for the adjacent Four Seasons Resort property, which originally had a joint parking plan. Final approval of the Four Seasons redevelopment plan by the PEC had been contingent on approval of a plan for the four parking spaces at Nine Vail Road. Greg Moffet made a motion to modify a Planning and Environmental Commission (PEC) decision which approved a variance to allow for two parking and loading spaces in the front setback at Nine Vail Road with two other parking spaces to be located within the parking structure of the adjacent Four Seasons Resort. In modifying the PEC decision, all four parking spaces will be relocated to the Nine Vail Road parking garage entry off Meadow Drive with a landscaping plan to be approved by the Design Review Board. A vote was taken and the motion passed unanimously, 7-0. Following the vote, Councilmember Diana Donovan suggested properties be grandfathered when similar circumstances occur rather than • declare properties to be non-confonning as was the case with Nine Vail • Road. Jim Lamont of the Vail Village Homeowner's Association offered similar comments, saying the town should accommodate properties to make them whole again rather than declare them to be non -conforming. The next item on the agenda was a 2004 Allocation Request for Commission on Special Events. Greg Moffet moved to approve a $565,000 funding request from the Vail Commission on Special Events to be included in the 2004 budget. Bill Jewitt seconded the motion. A vote was taken on the motion and the motion passed unanimously, 7-0. Requests for a 03-04 parking pass, continued legal support and copying services also received approval. Greg Moffet made a motion to authorize $50,000 in the next 2003 supplemental budget appropriation to help the Vail Valley Chamber and Tourism Bureau (VVCTB) establish an icon event for Vail as the exclusive resort sponsor of the Professional Cycling Tour, the nation's largest pro cycling series, which draws crowds of 300,000 during its established stops in Philadelphia, New York and San Francisco. Bill Jewitt seconded the motion. During an overview, Rick Chastain of the VVCTB said the annual Labor Day weekend event would have an immediate return on investment for Vail and would be financially self-supporting by 2006. While Chastain had asked for consideration of a $100,000 request from the town, Councilman Greg Moffet suggested a cost -share between the town's budget and funding from the Vail Local Marketing District. A vote was taken and the motion passed 7-0. In voting to approve the $50,000 allocation from • the town, Mayor Ludwig Kurz said the cycling event would be similar in marketing magnitude as that of the New York Philharmonic. The next item on the agenda was first reading of Ordinance #6, Series of 2003, An Ordinance to Allow Type II Employee Housing Unit as a Permitted Use The Council voted 5-2 (Donovan and Jewitt against) to approve first reading of an ordinance to allow a Type II employee housing unit as a permitted use and to eliminate a Type II employee housing unit as a conditional use in the town's residential zone districts. In presenting the recommended changes, Bill Gibson, a planner in the Community Development Department, said the proposed text amendments would improve efficiency of the development review process and had been recommended for approval by the Planning and Environmental Commission. However, in voting against the motion, Councilmember Diana Donovan questioned the rationale, saying some employee housing unit applications have been inappropriate and, therefore, should continue to be evaluated as a conditional use. She also called for additional reforms by the town to enforce occupancy requirements. In voting to approve the ordinance, Dick Cleveland said he considered it to be an appropriate change with minimal downsides. During the public comment period, Jim Lamont of the Vail Village Homeowners Association asked the Council to defer final reading of the ordinance until the outcome of the GRFA (gross residential floor 0 • area) discussion has concluded. Dick Cleveland moved to approve Ordinance #6, subject to findings in the staff memo. Greg Moffet seconded the motion. A vote was taken and the motion passed 5-2, Bill Jewitt and Diana Donovan opposed. The next item on the agenda was the first reading of Ordinance No. 16, an ordinance to allow the separate sale or transfer of Type Il Employee Housing Unit. Greg Moffet recused himself from the discussion due to a contractual relationship with the applicant. Councilmembers Bill Jewitt, Dick Cleveland and Rod Slifer expressed concerns about maintaining affordability of the units as well as the impact when duplexes become triplexes as a result of the sale. Diana Donovan also expressed opposition, questioning the 1,500 sq. ft. maximum size, as well as other issues. In offering support for the change, Councilman Chuck Ogilby pointed to the town's existing code which allows for the sale of Type III housing units on high -density residential and commercial property. To be consistent, Ogilby said the town should also do the same for Type 11 units in the lower -density residential zone districts. The applicant, Greg Amsden of AMS Development, had proposed the change as an incentive to address the need to create employee housing opportunities for professionals in Vail. Dick Cleveland made a motion to deny the Ordinance #16 on first reading. Bill Jewitt seconded the motion. A vote was taken and the motion passed 5-1-1, with Chuck Ogilby voting in favor. Chuck Ogilby encouraged the Council to continue to work on an acceptable solution. The next item on the agenda was the first reading of Ordinance #14, an Emergency • Ordinance to Authorize Creation of Timber Ridge Affordable Housing Corporation and the Making of a Loan to Acquire Property. Matt Mire, town attorney, and Nina Timm, housing authority administrator, presented the ordinance to the Council, stating this emergency ordinance was to authorize creation of the Timber Ridge Housing Corporation and the making of a $Imillion loan from the Town of Vail (proceeds from the Miller Ranch sale) to the Timber Ridge Affordable Housing Corporation for acquisition of the Timber Ridge apartments. An additional $21 million in debt will be issued by the corporation. The action was initiated in April when the Town Council voted 7-0 to pass a resolution to seek a friendly condemnation of the 198-unit property. Acquisition by the town enables the property to be maintained as employee housing in perpetuity. Bill Jewitt motioned to approve Ordinance #14 as an emergency ordinance. Greg Moffet seconded the motion. A vote was taken and the motion passed unanimously, 7-0. • The next item on the agenda was the Town Manager's Report. In reviewing the Town Manager's Report, the Council modified a staff request for town use of the Donovan Pavilion, adding a May 2004 date for the town's clean-up day, eliminating a request for use on New Year's Eve as well as requests by the Police Department for training. Also, during its review of the Town Manager's Report the Town Council voted 7-0 to approve a request by Interim Town Manager Pam Brandmeyer to authorize a 2.5 percent merit increase for town employees. While the increases, representing $250,000, had been carried in the 2003 budget, Brandmeyer had asked for Council approval prior to implementation. 6 In response to a third item on the Town Manager's Report, the Town Council voted 7-0 to endorse implementation of a reserve police officer program. A question regarding a reserve officer's authority to carry a weapon was referred to Police Chief Dwight Henninger. As there was no further business, Rod Slifer motioned to adjourn. Bill Jewitt seconded the motion. A vote was taken and the motion was passed unanimously, 7-0, and the meeting was adjourned at 9:30 P.M. ATTEST: (jLrele' Donaldson, Town Cler SEAJ- ,Au 0 Respectfully submitted, Ludwig Kurz,14ayor