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.
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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
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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:
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J
Lorelei Donaldson, Town Clerk
Minutes provided by Corey Swisher.
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