HomeMy WebLinkAbout2005-04-19 Town Council MinutesVail Town Council Evening Meeting Minutes
Tuesday, April 19, 2005
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 Rod Slifer.
Members present: Rod Slifer, Mayor
Dick Cleveland, Mayor Pro-Tem
Diana Donovan
Farrow Hitt
Greg Moffet
Kim Ruotolo
Members Not present: Kent Logan
Staff Members: Pam Brandmeyer, Acting Town Manager
Matt Mire, Town Attorney
The first item on the agenda was Citizen Input. There was none.
The second item on the agenda was the Maur! Nottingham Award Presentation. Town
10 Environmental Officer Bill Carlson introduced the 2005 Mauri Nottingham Environmental
Awards. Matt Scherr, Executive Director of the Eagle Valley Alliance for Sustainability,
also recognized the following "Community Heros."
Youth: Rudy Olin
Rudy, a student at Eagle Valley High School, designed and installed interpretive signs at
the Sylvan Lake trailhead, earning him the distinction of an Eagle Scout. These signs
describe different wildlife that can be found along the trail, as well as a description of the
"Halfway House." Olin thanked all those who helped him with the project, especially
Doug Seacrest and his parents.
Individual: Allen Best
Allen Best, a freelance writer whose stories have appeared in local newspapers for more
than a decade, is a self -described environmentalist. Allen uses his writing not to preach,
but to provide a range of thoughtful perspectives and insights to help raise awareness
about environmental matters that have, or will, impact our lives. His articles and
commentary appearing in the Vail Daily and Mountain Town News provide the
foundation for raising the community's environmental consciousness and serve to create
a platform for on -going community dialogue and public policy. Best stated he was
honored for receiving the award and sharing the same path as Mauri Nottingham after
whom the award is named. Best recommended the town once again raise the bar in its
environmental activity. In particular, Best encouraged Council to pursue new and
innovative solutions to improve the 1-70 corridor. In response, Donovan thanked Best for
helping to place the environment back in the forefront of local conversation.
Organization: Eagle River Watershed Council
The Eagle River Watershed Council (ERWC) advocates the health and conservation of
the Eagle River watershed through education, research and projects. The ERWC
provides a forum in which everyone can participate and gain a greater understanding of
the Eagle River environment. The ERWC won the award for creatively raising
awareness and inspiring action toward local water issues. Ann Esson, representing the
ERWC Board, thanked Council and the town for the award. Brian Healy, U.S. Forest
Service Fisheries Biologist, thanked the ERWC for its hard work. The following are
examples of the achievements and efforts of this valuable community organization:
1. Steering various public agencies to clean sand from the beautiful Black Gore
Creek that discharges into Vail's Gore Creek.
2. Land preservation at Tennessee Pass in conjunction with the Eagle Valley Land
Trust.
3. The annual highway and river clean-up that doubles as a great social event for
the community.
4. WaterWise Wednesdays that raises awareness of water issues in a way that
makes the incredibly complex and often dreary topic simple and entertaining.
The third item on the agenda was a Request to Proceed through the Development Review
Process with a proposal involving the use of Town of Vail owned property. The applicant,
James King Jr., represented by Beth Levine, architect, requested to proceed through the
development review process with a proposal involving the use of town property. The King
residence is located at 272 West Meadow Drive/Lot 9, Vail Village Filing 2. Ruther
explained, previously a patio at the rear of the residence was constructed on town owned
property without town approval. The property is part of the Gore Creek steam tract and
zoned Natural Area Preservation District (NAPD). Levine asked the patio be "grandfathered"
into town code compliance. The applicant recently received town approval for a remodel of
the residence with the condition the patio improvements be removed from the town's
property. The applicant requested continuing the use of the patio on the town owned
property. Council serves the role of "property owner" for all town owned property. Therefore
as the property owner, Council must consent to the applicant proceeding through the town's
development review process with a proposal involving the use of town owned property.
Ruther, on behalf of the Community Development Department, recommended Council deny
the applicant's request to proceed through the process. Cleveland asked why this was not
an appeal and verified the patio/path was on town property. Ruther clarified he believed it
was the applicant's assumption, if the request was approved, it would have greater
administrative leverage when approaching the DRB. Hitt clarified the area was in the town
owned Gore Creek stream tract and was zoned NAPD. Slifer stated he would not want to
set a precedent by allowing private use of the stream tract. Moffet moved to deny the
request to proceed and required the owners restore the area to its natural condition.
Cleveland seconded the motion. The motion passed unanimously, 6-0. Jim Lamont,
representing the Vail Village Homeowners Association, supported the decision to preserve
the natural environment. Council then directed staff to survey all of the stream tract, not just
Gore Creek, throughout the town to ensure no similar encroachments are occurring.
The fourth item on the agenda was an Appeal of Denial of Exemption from Real Estate
Transfer Tax for the Conveyance of Lodge at LionsHead, Phase III, Unit 7.
Mire announced the appellant, Donald L. Erftmier, represented by Daniel F. Wolf, esq.,
appealed a decision made by the Town Manager on or about February 24, 2005,
denying his Real Estate Transfer Tax (RETT) exemption application. Mire reported the
appeal letter and relevant supporting documents were contained in Council packets.
Mire stated the transfer was made from a partnership for $1.4 million. Subsequently,
0 Mire explained, no exemption applies to the transfer. "It is possible that 20% of the
requested exemption may be exempt based upon further review and analysis of
additional information." However, at the present time, the request was required to be
submitted for the agenda, such a request had not been made and such information had
not been provided by the appellant. Mire recommended Council uphold the decision of
the Town Manager, denying the exemption request, and stated he would research the
matter further. Moffet moved to deny the exemption and authorized the Town Manager
to negotiate the percentage of an amount exempted, if any. Ruotolo seconded. The
motion passed unanimously, 6-0.
The fifth item on the agenda was a Request for Final Review and Approval of the Vail
Resorts/Lionshead Core Site Hotel Operating Covenant Agreement. Due to a predetermined
conflict, Slifer recused himself from the item. Ruther announced on September 27, 2004, the
applicant, Vail Resorts Development Company, was granted final approval with conditions of
a major exterior alteration application allowing for the construction of the Arrabelle Hotel in
LionsHead. One of the conditions of approval states, "The Developer shall address the
following conditions of approval prior to the issuance of a building permit by the Town of Vail
Community Development Department: (note: A grading permit shall constitute a building
permit.) The Developer finalizes the Rental Program Proposal and then enters into a written
agreement with the Town of Vail that is recorded with the Eagle County Clerk & Recorder's
Office, which requires that the Rental Program Proposal is implemented and fully adhered to
by the applicant and its assigned and successors for a period of not less then 20 years from
the date of the issuance of a temporary certificate of occupancy. The final Rental Program
Proposal shall be reviewed and approved by Council following a recommendation on the
proposal from the town's PEC." Jay Peterson, representing Vail Resorts, stated the only
amenity of the Arrabelle which could potentially be removed, was the spa, based on market
demand. Peterson emphasized hotel amenities would never be removed as Vail Resorts
was contractually obligated to maintain those amenities in perpetuity. On April 5, 2005, the
applicant appeared before the Council for review and approval of the Rental Program
Proposal, as required by the PEC. Following discussion on the proposal, Council identified
the following issues which must be addressed by the applicant:
The proposal must ensure the common elements of the hotel operation, (i.e., front
desk, reservation system, meeting rooms, great room, spa, health club, etc.) endure
on the site.
The benefits of the proposal shall be long-lasting and endure a transfer of property
ownership.
Moffet expressed concern over contract language which would not require owners to
maintain common areas. Peterson responded it would be the responsibility of Vail
Resorts. "We are obligated to run this as a hotel." Mire stated it was his opinion the
contract fulfilled Council requests, although it was Council's decision as to whether the
contract met expectations. Cleveland questioned if the building were partially destroyed,
whether Vail Resorts would be obligated to honor the contract. Mire answered yes. Hitt
expressed concern certain contract language might encourage the hotel to become a
private club. Peterson and Mire responded all fees for services would be consistent to
those charged at any other "luxury hotel." Moffet moved and Hitt seconded a motion to
approve the agreement. The motion passed, 5-0.
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The sixth item on the agenda was a review of a Draft Request for Proposals for Third
Party Operation of the Town of Vail Visitor Information Centers and Review of a Town -
Run Operation as an Alternative Approach. Public Information Officer Suzanne
Silverthorn reported on April 5, 2005, Council approved a recommendation by the
Council Visitor Information Center Committee (CVICC) to direct the committee to draft a
request for proposals (RFP) for a third -party operator using the criteria discussed during
the presentation and according to the timetable adopted in February. The timetable
called for: Council review and approval of the RFP on April 19; issuance of the RFP on
April 20; and proposals due to the Town of Vail on or before 12 Noon on June 1. At the
time, Council also directed the committee to continue its analysis of a town -run
operational structure with an update to occur at the April 19 meeting. Silverthorn then
stated preliminary groundwork had been conducted with regard to both scenarios. The
CVICC, represented by Ruotolo and Hitt on the Town Council, recommended either:
• Formalize purpose, goals, operational standards and evaluation measurements for
the Visitor Information Centers to be included in the RFP and approve/modify the
RFP as needed for release on April 20, 2005. /or
• Direct the Town Manager to begin the process to transition to a town -run operation of
the Visitor Information Centers effective October 1, 2005.
Silverthorn suggested a conversation be held surrounding whether Council wished to
continue with the RFP process. Hitt stated the CVICC had performed an in-depth
analysis and subsequently reiterated Silverthorn's comments. Ruotolo and Hitt stated
they did not have a preference as to the course to follow and encouraged Council input.
Brandmeyer stated town administration, via Town Manager Stan Zemler, was
Is comfortable following either path. Hitt emphasized the CVICC recommended removing
"side businesses" (reservation commissions, as an example) from the visitor centers.
Donovan supported the town sending out RFPs and maintaining the first right of refusal.
Moffet stated, no matter who runs it, the point of the operation is to provide exceptional
customer service. He then articulated a belief government agencies were not known to
be able to provide it (exceptional customer service). Cleveland stated he was fatigued by
readdressing the issue of information centers and trusted the town's ability to provide the
valuable service. Slifer reiterated Moffet's statements and stated he thought the town
had a "full plate" already (administratively). In response to an inquiry by Donovan,
Finance Director Judy Camp advised Council requiring a financial audit of a potential
operator would not be financially burdensome to a potential operator and it further
protects the town. Donovan offered several amendments to the proposed RFP. Moffet
reiterated an interest in including financial incentives for exceptional performance. Hitt
made a motion to move forward with an RFP including Donovan's modifications, with
Ruotolo seconding. During a pause for public comment, Kelli McDonald, representing
the Vail Valley Chamber and Tourism Bureau (VVCTB), asked if the RFP evaluation
criteria would be weighted. Hitt responded no. Rick Scalpello noted the need to address
the circumstances of the LionsHead location, which would be impacted should
construction of the Vail conference center proceed. Hitt and Ruotolo responded the
issue had already been addressed in the RFP. Responding to a question from Donovan,
Silverthorn stated promotional materials currently provided at the information centers
had been reviewed by the CVICC. The motion passed 5-1, with Moffet opposed.
The seventh item on the agenda was the First Reading of Ordinance No. #10, Series of 2005,
an Ordinance approving the Commercial Core Construction Mitigation Sign and Construction
Fencing Package which will be implemented by the town to mitigate the impacts of
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construction in the commercial cores over the next several years. Senior Planner Warren
Campbell announced for the past several months Council had been involved in discussions
with town staff regarding the need for ordinances and resolutions which will aid the town in
mitigating the impacts of forthcoming construction in the commercial core areas over the
coming years. Campbell acknowledged, "It has been generally agreed by Council and staff
any ordinances and resolutions should resemble those adopted in preparation and
implementation of the 1999 World Alpine Ski Championships." The Community Development
Department, Public Works Department and Community Information Office recommended
Council approve the ordinance on first reading. Moffet moved with Cleveland seconding a
motion to approve. Donovan suggested removal of the billion dollar renewal logo as a
component of the sign package. Mire noted a packet will be included in the Town Clerk's
office for public viewing since sign illustration graphics would be difficult to display in the
town's newspaper publication. During the public comment period, Kaye Ferry of the Vail
Chamber and Business Association requested town sign appeal requirements be cut down to
a shorter time than a ten day review. Moffet amended his motion to two business days, with a
subsequent second. The motion passed unanimously, 6-0.
The eighth item on the agenda was a Discussion of the First Reading of Ordinance No.
# 11, Series of 2005, an ordinance amending Section 12-14-14, Restaurants, Bars, and
Similar Uses, Vail Town Code. Mire stated on March 28, 2005, the PEC voted 5-0 to
forward a recommendation of approval for the proposed text amendment. The purpose
of the proposed amendment is to resolve existing conflicts relating to noise regulations in
the Vail Town Code. The Community Development Department recommended Council
approve the first reading of ordinance. Moffet moved with Hitt seconding a motion to
approve. The motion passed unanimously, 6-0.
The ninth item on the agenda was the Second Reading of Ordinance No. #9, Series
2005, an ordinance making supplemental appropriations to the 2005 Budget,
Supplemental Appropriation No. 1. Moffet moved with Hitt seconding a motion to
approve. Donovan asked for clarification as to why the housing budget is contained
within the Community Development Department and why the AIPP budget is contained
within the Public Works Department. Donovan then requested the AIPP budget be
distributed to the Council. Cleveland and Ruotolo stated they would be voting against the
ordinance as the supplemental budget included funding for the redevelopment of Seibert
Circle, which they have opposed. The motion passed 4-2, with Cleveland and Ruotolo
opposed.
The tenth item on the agenda was Resolution #2, Series of 2005. A Resolution to
Designate the National Incident Management System (NIMS) as the basis for all incident
management in the Town of Vail. Police Chief Dwight Henninger reported the Federal
Department of Homeland Security mandated local agencies adopt NIMS and the
Incident Command System (ICS) systems for critical incident management, if they desire
to receive grant funds from the federal agency. The town already utilizes the ICS system
to manage small to large scale incidents. The additional requirements of the NIMS
system for the town are very limited over and above the ICS requirements. Moffet moved
and Ruotolo seconded a motion to approve. The motion passed unanimously, 6-0.
Approval of this resolution made the town eligible to receive grant funding from the
Department of Homeland Security and the State of Colorado Division of Emergency
Management.
The eleventh item on the agenda was the Town Manager's Report.
➢ Intermountain Streamside Wildfire Project
Brandmeyer stated town staff would like to propose sponsoring a defensible space
project in cooperation with Intermountain homeowners, USFS, Vail Fire Department, Vail
Community Development and Eagle County. Tom Talbot, Fire Technician, reported the
project would focus on the ongoing pine beetle mitigation activity and treatment of
hazardous fuels and create a defensible space for a safer environment for homeowners
and fire personnel in the event of a wildfire. Talbot said the Intermountain area had been
identified as most at risk for wildfire damage. He explained a defensible space as an
area surrounding a structure where fuels and vegetation are treated, cleared or reduced
to slow the spread of wildfire. Defensible space, he said, provides room for firefighters to
do their jobs. The suggested treatments in the Intermountain neighborhood are adopted
from the Colorado State Forest Service's "FireWise" program that encourages
homeowners to develop landscaping practices of defensible space that create wildfire
defense zones. Talbot continued, through the use of a special agreement between the
USFS and landowners, the VFD would be able to create defensible space on private
land as well as adjacent public lands within 200 feet from any structure. Vail Fire and
Community Development sought initial input from landowners to determine the level of
interest in pursuing the creation of defensible space within and around neighborhoods.
A homeowner meeting was held with an Intermountain neighborhood group on January
18, 2005. Although lightly attended, initial response was positive at the end of the
information and education session. It was noted approximately $75,000 from the Town
of Vail Real Estate Transfer Tax fund had been budgeted for pine beetle mitigation in
2005. Talbot continued, the scope of the project is to reduce fuels build up on properties
within the Vail Fire and Emergency Service Response area of Intermountain. By
generating defensible space, Vail Fire and Emergency Services will increase its ability to
protect property and the community from the threat of wildfire. Moffet asked how the
program would coincide with design review guidelines as he believed the town
encouraged landscaping near home sites. Forrest indicated the guidelines would
eventually have to be addressed. Hitt asked if the county had provided any funding for
the project. Talbot reported the county had not been contacted. Hitt stated there is a
huge beetle kill problem outside of town limits and would like to see the program
expanded. Talbot stated by becoming a FireWise community the town would qualify for
future grant opportunities. Cleveland encouraged working jointly with the county and
clarified the program would be voluntary for homeowners. Camp stated, in her opinion,
use of RETT funds for pine beetle mitigation would be limited to public property only.
Council authorized Talbot to continue to research neighborhood interest and associated
costs, but stopped short of committing any cost -share dollars for mitigation on private
property. Council also asked Talbot to pursue a partnership with Eagle County to
mitigate areas outside the town's boundaries. Donovan expressed concern the program
would be intimidating to homeowners and would be too aggressive in removal of
landscaping. Talbot assured Donovan the program would be flexible and moderate in its
scope with great care given to maintain vegetation.
➢ Police Department Annual Report
Council was provided with a copy of the Police Department's 2004 Annual Report. The
report documented a very busy year, with a significant reduction in most crime
categories during 2004.
Brandmeyer reported Go Outside Colorado (GOCO) questioned a stipulation included in
the town's letter of support for the Eagle Ranch Preserve open space proposition. As a
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• board member of the sponsoring organization, the Vail Valley Foundation, Slifer recused
himself from the discussion. Council directed staff to leave the letter the same but in
responding to GOCO, restate the original reasoning, as well as the fact the town did not
object to the county spending $6 million.
•
The twelfth item on the agenda was Adjournment. The meeting was adjourned at
approximately 9:05 p.m. Moffet moved and Slifer moved to adjourn. The motion passed
unanimously, 6-0.
Respectfully Submitted, F VAIL
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ATTEST:
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Lore ei Donaldson, Town Clerk
Minutes provided by Corey Swisher.
Rodney E. Slifer, Mayor