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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. 0 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 4 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 6 • 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 O� 4• •�J .CO� ATTEST: A A4 Lore ei Donaldson, Town Clerk Minutes provided by Corey Swisher. Rodney E. Slifer, Mayor