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HomeMy WebLinkAbout2005-12-06 Town Council MinutesVail Town Council Meeting Minutes Tuesday, December 6, 2005 6:00 P.M. Vail Town Council Chambers Council Members Present: Rod Slifer, Mayor Mark Gordon Kevin Foley Kim Ruotolo Farrow Hitt Greg Moffet Kent Logan Staff Members Present: Stan Zemler, Town Manager Pam Brandmeyer, Asst. Town Manager Matt Mire, Town Attorney Slifer called the meeting to order at approximately 6:08 p.m. The first item on the agenda was recognition of Diana Donovan by proclamation for her years of service as a Vail Council Member. Ruotolo declared no one was more dedicated to the town than Donovan. Logan explained the town owed a great debt of gratitude for Donovan's efforts. Hitt also thanked Donovan for her invaluable service. The second item on the agenda was Citizen Input. Gwen Scalpello complemented the public works people for the decorations in the roundabout, and "Our guests will be very impressed when they come for Christmas." Joseph Staufer said building a West Vail fire station is a "debt of honor." He also said the lodging community should be consulted regarding the use of the conference center lodging tax proceeds. The third item on the agenda was a approval of 11.01.05 and 11.15.05 Evening Session Minutes. Moffet moved to approve the 11.01.05 minutes with Ruotolo seconding. The passed unanimously, 5-0. Gordon and Foley abstained as they were not on Council at the time of the meeting. Moffet moved to approve the 11.05.05 minutes with Foley seconding. The motion passed unanimously, 7-0. The fourth item on the agenda was consideration of a Brochure Rack Fee for Visitor Information Centers by vendors who do not otherwise hold a valid Town of Vail Business License. In October 2005, Council directed staff to pursue a brochure rack fee to be used in the Visitor Information Centers to promote activities by vendors who do not otherwise hold a valid Town of Vail business license. The direction was given after Council identified a larger need to provide equity for vendors doing business within the town. This is because the town business license requirement excludes businesses the town from obtaining a Vail business license. To rectify this located outside circumstance, Town Attorney Matt Mire suggested preparing a question for the November 2006 ballot to require business licenses for all vendors who conduct business within the town. While noting the equity issue is much larger than the business conducted through the Visitor Information Centers, Council has asked to pursue a vendor brochure rack fee to provide equity for vendors represented within the Visitor Information Centers as an interim measure. There are currently 33 vendors doing business in the Visitor Information Centers who do not have a Vail business license. The Town of Vail has the authority to implement a rack fee as an administrative action, so long as the revenues from the rack fees are used to assist in operation of the Centers. While a vendor brochure fee would, indeed, provide equity to those businesses that use the Visitor Information Centers, there is the possibility that a fee would discourage vendors from supplying their materials to the centers. This could possibly limit the variety of activities and amenities promoted by the Visitor Information Centers. In providing direction to the staff, Council was asked to consider the importance of providing equity to Vail's businesses while balancing an equally important role to promote a variety of activities and amenities to Vail's guests. Public Information Officer Suzanne Silverthorne stated she believed the proposed rates were equitable. Assistant Town Manager Pam Brandmeyer clarified business licenses started at $325 per year with restaurant and hotel licenses varying as they based on number of beds or chairs. Bob Banks, Visitor Center Operator, stated rates coincided with those charged in the Eagle County Airport. Tom Bacchus owner of Four Eagle Ranch, stated he did not pay a rack fee anywhere. "Don't succumb to the narrow vision of Vail only." Jim Feldhouse, Colorado Mountain Express said, "I believe paying a fee brings equity to all of the vendors." Ruotolo clarified this was limited only to businesses to those who offer services not offered in the town of Vail. Moffet encouraged Feldhouse to sponsor legislation county -wide. Moffet moved to implement the proposed brochure rack fee for those vendors who do not hold a valid Vail business license. Foley seconded the motion. Mire stated the collected fees would subsidize the operational costs of the centers. The motion passed unanimously, 7-0. The fifth item on the agenda was a request to proceed through the development review process with a proposal to reconfigure private improvements on Town of Vail property. Planner I Elizabeth Eckel reported Sweet Basil Restaurant was in the process of undergoing design review of an application to reconfigure the existing outdoor patio at the southeast elevation of the Gore Creek Plaza Building. The area proposed for reconfiguration consisted of approximately eighty four (84) square feet and is located upon the town's right- of-way at Gore Creek Drive. Since Sweet Basil/Gore Creek Plaza Building is proposing to alter improvements upon Town of Vail property, the Town Council, as the property owner, had to grant the applicant permission to proceed through the development review processes. Moffet moved with Ruotolo seconding a motion to approve. The motion passed unanimously, 7-0. The sixth item on the agenda was Election Commission Appointments for the Town of Vail. The election commission consists of the town clerk and two qualified and registered electors of the town, who during their term of office shall not be town officers or employees or candidates or nominees for elective town office. These two members shall be appointed by the council in the first regular meeting following a regular town election, for a term of two (2) years and shall serve without compensation. The town clerk shall be chairman. The election commission shall have charge of all activities and duties required of it by statute and this Charter relating to the conduct of elections in the town. In any case where election procedure is in doubt, the election commission shall prescribe the procedure to be followed. The commission shall provide procedures to establish proof of residency qualification where residency is in question. Upon a showing for good cause, the election commission may require proof of residency by any person registered to vote or attempting to register to vote in the Town of Vail. Said person shall not be qualified to vote in any municipal election until the election commission is satisfied that he/she has presented sufficient proof of residency as required by law or ordinance adopted pursuant to this Charter. The election commission shall provide for ballots and sample ballots or voting machines, for determination of the winner in the event of a tie vote, for canvass of returns and for the issuance of appropriate certificates. The Town Clerk is requesting the Town Council to appoint Vi Brown and Summer Holm to the Election Commission of the Town of Vail, to serve from November 2005 to November, 2007. Moffet moved with Foley seconding. The motion passed unanimously, 7-0. Moffet and Foley thanked both for their service, as well as all the current election judges. Slifer asked if town voting machines needed to be replaced. Voting machines are currently rented from Ealgel County and are in compliance with state and federal regulations. The seventh item on the agenda was Council Committee Appointments a. Northwest Colorado Council of Governments Board: 0 Slifer. b. Water Quality/Quantity Committee/NWCCOG Member. Chuck Ogilby. C. Colorado Association of Ski Towns (CAST) Member and Alternate. Slifer and Town Manager Zemler. d. Vail Recreation District/Town Council Subcommittee Brandmeyer. e. Commission on Special Events (CSE). Brandmeyer. Bravo! Vail Valley Music Festival. Hitt. g. Town of Vail Housing Authority. Ruotolo. h. Channel 5 Vail Valley Community Television Board. Mark Gordon i. Art in Public Places (AIPP). Logan. j. Mauri Nottingham Environmental Award. Hitt. k. Vail Valley Exchange/Sister Cities. Ruotolo. I. Eagle County Regional Transportation Authority. Foley. M. Ford Park Management Plan. Brandmeyer. n. Open Space/Charter Committee. Gordon. o. Colorado Ski Museum and Ski Hall of Fame. Police Chief Dwight Henninger. q. Vail Youth Recognition/Ambassador Award. Ruotolo. r. Vail Alpine Garden Foundation Board (VAGF). Brandmeyer. S. 1-70 PEIS ( Programmatic Environmental Impact Study) / 1-70 Coalition / Transportation. Zemler, Moffet, Greg Hall t. Vail Local Marketing District Advisory Committee (VLMDAC). Moffet with Gordon shadowing. u. Parking Task Force. Foley and Hitt. 4 V. Eagle County Capital Projects Advisory Board. Slifer with Hitt as alternate. W. Eagle Valley Child Care Association. Kim Ruotolo. X. Rural Resorts Region. Moffet. Y. Donovan Park Pavilion Committee. Diana Donovan. Z. Timber Ridge affordable housing Corporation (TRAHC) Timber Ridge Affordable Housing Corporation (TRAHC) in a Colorado non-profit corporation incorporated on July 9, 2003. TRAHC is governed by a Board of Directors, originally comprised of all members of the Town Council. On March 1, 2005, the Board amended TRAHC's by-laws to name a new Board comprised of the following staff: Town Manager (President); Director of Finance; Director of Community Development; Director of Public Works; and Facilities Manager. The TRAHC Board is responsible for managing the process to redevelop the property known as Timber Ridge Village Apartments and to direct the operation of the property until such time as redevelopment begins. aa. West Vail Planning Committee Ruotolo and Logan. bb. Visitor Center Sub -Committee Although a new contract began w/the operator October 1, the subcommittee will remain a standing committee to conduct a six month performance review in March 2006 and to deal Wany issues as they arise. Kim Ruotolo, Farrow Hitt, Stan Zemler, Suzanne Silverthorn, and Krista Miller have served on this committee. cc. Timber Ridge Redevelopment Subcommittee Logan and Moff et. dd. West LionsHead Village Sub -committee Hitt and Logan. Moffet moved to approve the aforementioned appointments with Logan seconding. The motion passed unanimously, 7-0. The seventh item on the agenda was an Intergovernmental Agreement (IGA) with Eagle County to provide animal control services. This item renewed an annual agreement with the County to provide animal control services to the town. Foley clarified the town was receiving quality service. Moffet moved with Gordon seconding a motion to approve. The motion passed unanimously, 7-0. The eighth item on the agenda was an appeal of the Town of Vail Design Review Board's denial of a design review application pursuant to Section 12-11, Design Review, Vail Town Code, to allow for a change to approved plans regarding architectural alterations (existing skylights) to an existing residence, located at 1220 Ptarmigan Road/Lot 2, Block 8, Vail Village Filing 7. Foley moved to table the item until January 3, 2006 with Moffet seconding. The motion passed unanimously, 7-0. The ninth item on the agenda was First Reading of Ordinance No. 25, Series of 2005, an ordinance repealing and reenacting Ordinance 9, Series of 1998 amending Special Development District No. 22, Grand Traverse. On September 26, 2005, the PEC held a public hearing on a request to amend Special Development District No. 22, Grand Traverse. The purpose of the amendment to the Special Development District is to eliminate the Gross Residential Floor Area (GRFA) limitations within the Grand Traverse residential development. Upon review of the request, the PEC voted 4-0-0 to forward a recommendation of approval of the request to amend Special Development District No. 22, Grand traverse, to the Vail Town Council. On November 15, 2005, Council tabled the first reading of Ordinance 25, Series of 2005, to December 6, 2005. Senior Planner Warren Campbell verified the subdivision contained six attached employee housing units. Gordon clarified a 500 square foot total increase in GRFA among 23 lots. Hitt stated he liked what Dauphinias was attempting to do, but was afraid to set precedent over time. Forrest stated GRFA is a difficult thing to implement and was cumbersome for developers to understand. Forrest said, "It's more complicated than its needs to be." Slifer commented, "GRFA has gotten out of hand —any regulation should not be that complicated." "Any regulation that is that complicated in onerous ... our system is so broken its ridiculous," explained Moffet. He then moved to approve the ordinance with Ruotolo seconding. Dauphinais, president of the Grand Traverse Homeowner's Association, stated town staff were wonderful and they were right to help bring this proposal through. Hitt asked if a neighborhood association was more important than an individual home owner. Hitt expressed concern over setting precedent. Gordon commented, "It seems to be a safe way to determine if this is going to work, in a controlled environment, what's wrong with moving forward with this to make the lives of our constituents better." Campbell confirmed that required roof pitches controlled any potential "big box" type of houses filling up the building envelope. PEC Member Bill Jewitt believed, "This is an excellent opportunity to see what happens when GRFA is eliminated... If you never try, you will never know." The motion passed 5-2 with Foley and Hitt opposed. The tenth item on the agenda was First reading of Ordinance 27, Series of 2005 an ordinance repealing Ordinance No. 32, series of 2002 and rescinding a public accommodation tax; providing amendments to the town's sales tax. At the town's regular municipal election held on November 8, 2005, the voters did not approve Question 1, resulting in termination, effective January 1, 2006, of collection of the sales and lodging tax increases implemented pursuant to 2002 Question 2D. A future action of the Council will be required to determine a refund methodology of the remaining funds 0 or a question may be submitted to the voters on how such revenues shall be used. Mire stated this would eliminate the Public Accomodation tax. Moffet moved to pass the ordinance with Foley seconding. The motion passed unanimously, 7-0. Slifer stated the ordinance would eliminate the collection of the conference center lodging sales tax. Mire clarified the tax would officially be rescinded on January 1, 2006. The eleventh item on the agenda was Ordinance No. 28, Series of 2005, An ordinance making supplemental appropriations s to the town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund (RETT), Conference Center Fund, Health Insurance Fund, and Dispatch Services Fund of the 2005 Budget for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth. Moffet moved to approve the ordinance with Hitt seconding. The motion passed unanimously, 7-0. Logan mentioned expected sales tax dollars were one million more than budget and that those funds would be added to the capital projects budget. The twelfth item on the agenda was First Reading of Ordinance No. 30, Series of 2005, an ordinance repealing Ordinance No. 1, Series of 1990, Special Development District No. 14, Doubletree Hotel (aka Evergreen Lodge) and amending the official zoning map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lot 2, Block 1, Vail LionsHead 2"d Filing, from High -Density Multiple Family (HDMF) district to LionsHead Mixed Use — 1 (LMU-1) district. Ruther explained on September 6, 2005, the Vail Town Council approved Resolution No. 15, Series of 2005, a resolution amending certain sections of the LionsHead Redevelopment Master Plan expanding the boundaries of the master plan to include the Evergreen Lodge development site and adding detailed plan recommendations for future development on the Evergreen Lodge development site, as prescribed in Chapter 5 of the LionsHead Redevelopment Master Plan. However, in approving Resolution No. 15, the Town Council placed a condition upon the approval stating that the resolution shall only become effective upon the approval of an amending ordinance rezoning the Evergreen Lodge development site to LionsHead Mixed Use-1 (LMU-1) district. On November 14, 2005, the PEC held a public hearing on the request to rezone the Evergreen Lodge development. Upon consideration of the request, the Commission unanimously approved a motion recommending approval of the rezoning request to the Vail Town Council. Project owner TJ Brink said, `The intent is to leave the tower and take the red roof portion and rebuild that area." Representing the Vail Village Homeowner's Association, Jim Lamont stated he was not pleased with the way the ordinance was presented by staff. `I am concerned the proposed property would overwhelm the neighboring properties." During a pause for public comment Gray Davis said he believed the project needed more than regular hotel amenities. Gwen Scalpello stated she was concerned about the proposal as LionsHead zoning is very urban. Hitt clarified there would be a development improvement agreement. Gordon asked the price point of the hotel rooms. Brink stated he was not looking at a five star property. Moffet moved to adopt the ordinance with Logan seconding. The motion passed unanimously, 7- 0. The thirteenth item on the agenda was First Reading of Ordinance No. 31, Series 2005. Annual appropriation ordinance: Adopting a budget and financial plan and making appropriations to pay the cost, expenses, and liabilities of The Town of Vail, Colorado, Conference Center Fund for the fiscal year January 1, 2006 through December 31, 2006. Moffet moved to approve the ordinance with Hitt seconding. The motion passed unanimously, 7-0. The fourteenth item on the agenda was Second Reading of the Mill Levy Certification, Ordinance No. 26, Series 2005. Mill Levy Assessments must be certified to the County for collection annually; this ordinance authorizes certification. Moffet moved to approve the ordinance with Rutolo seconding. The motion passed unanimously, 7-0. The fifteenth item on the agenda was Resolution No. 22, Series of 2005. Opposition to proposed mining exploration legislation, Opposition to House Bill 4241. Zemler explained House Bill 4241 would eliminate an existing requirement requiring proof that lands being patented for mining claims have mineral that will actually be mined. This would jeopardize thousands of acres of Colorado wilderness. Hitt moved to approve with Moffet seconding. The motion passed unanimously, 7-0. The sixteenth item on the agenda was theTown Manager's Report. ➢ '05 Fly Vail Summer Funding Results. Brandmeyer explained the town had pledged up to $10,000 for '05 summer air service, of which the town's proportionate share of the shortfall would be $3,631.53. This is the first year in the life of the program partners other than Eagle County have needed to contribute actual dollars. In addition to the $3,600, Council also contributed a $1,000 administrative fee. In '06 through Council contributions, Council agreed to contribute $1,200 as an administrative fee, and additionally, have pledged up to $10,000 to support any shortfall. `The Regional Air Council feels the program was a success." ➢ Visitor Information Centers Update. Zemler reported a seamless transition to private operation of the Vail information centers. ➢ Bicycle Event Support. Zemler explained there had been recent legislation limiting the number of riders in organized bicycle events. The legislation was reported to have reached a roadblock and Zemler stated he would return with updates. Gordon asked if a $100,000 repayment from Vail Local Marketing District to the town could be added to the Commission on Special Events budget as he believed the board was underfunded. The seventeenth item on the agenda was Adjournment. Moffet moved to adjourn with Logan seconding at approximately 8:48 p.m. The motion passed unanimously, 7-0. Respectfully Submitted, Rodney E. Slifer, Mayor ATTEST: 0 J Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. •