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HomeMy WebLinkAbout2006-09-05 Town Council Minutes10 Vail Town Council Evening Meeting Minutes Tuesday, September 5, 2006 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: Kent Logan Rod Slifer, Mayor Kim Newbury Mark Gordon Kevin Foley Greg Moffet Farrow Hitt, Mayor Pro-Tem Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Asst. Town Manager • The first item on the agenda was Citizen Participation. Reflecting on the Labor Day holiday, Gordon thanked the workers of Vail for everything they do to help Vail maintain its world class status. Local gallery owner Rayla Kundolf said a replica of the proposed entry feature for Meadow Drive was being displayed at Masters Gallery. She encouraged the public to stop by and view the piece and to forward feedback to the Art in Public Places board, which has proposed the artwork. Former Mayor Bob Armour asked Council to support a measured approach to a new wildlife protection ordinance. The second item on the agenda was the Consent Agenda. a. Approval of August 1, 2006, and August 15, 2006, Meeting Minutes. Moffet moved to approve the minutes without amendment with Foley seconding. The motion passed unanimously, 7-0. The third item on the agenda was a Commission on Special Events (CSE) Appointment. One vacancy existed on the Town of Vail CSE. Applicants must be residents of the Town of Vail, own real property within the Town of Vail, own a business in the Town of Vail, or be employed within the Town of Vail. Members of the CSE serve at the will of the Town Council. The CSE supports Council goals and objectives and makes decisions in alignment • with the Town Council's marketing direction. The mission of the CSE is to support street entertainment and special events for vitality, year-round fun, sense of community and • increased quality of experience for guests and residents. The functions and/or duties of CSE include, but are not limited to: hiring and overseeing a director and/or staff, as well as event producers and/or promoters; creating, funding and seeking special events for the Town of Vail; evaluating event applications and event success; submitting an annual budget for operations and events; coordinating the community calendar for special events; seeking out additional funding for special events through sponsorships and donations; evaluating and executing contracts for special events; and all other functions as directed by the Town Council. The town received three applications for the vacancy. Council interviewed each applicant at the work session and then appointed one applicant to the CSE during the evening meeting. The applicants were as follows: Rayla Kundolf; Tom Neyens; and Heather Trub. Hitt moved to appoint Heather Trub to the CSE with Moffet seconding. The motion passed unanimously, 7-0. The fourth item on the agenda was the Town Manager's Report. a. Sign Code Questions On August 1, 2006 the Community Development Department reviewed several issues related to signage and outdoor displays with the request to either begin consistent enforcement of the current code or make modifications to the code. At the conclusion of the work session, Council directed staff to make several modifications to the code. Based on that Council meeting and subsequent discussions with merchants, staff would propose evaluating and updating the code as it relates to several specific issues: 1. Seasonal (summer) promotional signage. 2. Menu Special Boards. • 3. Creating a lease option for outdoor displays on public property. Zemler proposed first using the Economic Council to develop policy solutions to these questions and then having 1-2 broader discussions with the merchant community to discuss proposed policy solutions. Council directed Zemler to proceed. b. 1-70 Coalition Zemler stated the 1-70 Coalition would be hosting a transit workshop and retreat on October 17-18 at Copper Mountain. Items to be discussed are: determine the organization's future structure; identify transit opportunities and potential partners; discuss federal requirements to qualify for transit funds as well as develop performance, land -use and operating principles for transit in the 1-70 Corridor. "The coalition is rapidly expanding in the private and public sector ... We are progressively adding some key private sector entities." The fifth item on the agenda was the Construction Update. Public Works Director Greg Hall reported Village Streetscape had begun on Meadow Drive. "Demolition on the rock wall at the Gore Creek Promenade pedestrian bridge to mitigate soil erosion has also started ... The Front Door project is installing a gas line as well as other few minor projects in the Village ... The majority of work surrounding the Village parking structure will be buttoned up prior to Oktoberfest." Hall then discussed the raw water conversion process occurring at the Vail Golf Club. The sixth item on the agenda was review and approval of recommendations of the Parking Task Force for 2006-2007 season. Hall asked Council to review recommendations of the • Parking Task Force and approve parking policies for the 2006 -2007 winter season. Council established the parking task force to provide recommendations regarding parking operation 2 • policies each year. "The group has recommended an adjustment in rates to meet increased operating costs and lessen the previous steep increase between the one -and -a -half and two- hour time frame. They also recommend a small increase to the gold pass price to reflect the increase in the daily rate." The following recommended changes were then made. Existina Rates Fees Are Good 7 Days A Week Less then 11/2 hour Free 11/2to2hr. $ 4 2to4hr. $10 4to6hr. $15 6 to 24 hr. $ 16 All Day Cap Proposed Rates Fees Are Good 7 Days A Week Less then 1 1/2 hour Free 11/2to2hr. $ 4 2to3hr. $ 8 3to4hr. $12 4 to 5 hr. $ 16 5hr to 24 hr $ 17 All Day Cap The Gold Pass was recommended to be increased by $50 from $2,000 to $2,050. Hitt, who chairs the Parking Task Force, commented that the recent Task Force meeting was the most productive parking meeting he had ever attended. Moffet expressed concern that staff and the Task Force were developing policy without "specific Council direction." He continued, "The Parking Task Force had received direction in the past to be revenue neutral." His concerns were brought about by the Task Force's decision to raise parking rates. Foley, also • a member of the Parking Task Force, said he would have preferred raising all parking rates to encourage use of public transportation. Moffet then moved to adopt the recommendations with Foley seconding. The motion passed unanimously, 7-0. For more information, contact Greg Hall at 479-2160. The seventh item on the agenda was a Discussion of LionsHead Parking Structure Request For Proposals (RFP). Due to a predetermined conflict of interest (East West Partner affiliation), Slifer recused himself from the item and left the Council Chambers. Community Development Director Russ Forrest then asked Council to review and provide direction on funding for resources to assist in the due diligence of the LionsHead Parking Structure RFP process. Forrest reminded Council that on August 15` Council directed staff to invite Open Hospitality Partners and East West Partners to prepare proposals consistent with the LionsHead Parking Structure RFP. In addition, Council asked that an appraisal be completed on the property and resources be obtained to review the financial plan and construction plans for the proposals as part of the selection process. Forrest discussed having two appraisals prepared, stipulating the value should assume the parcel would include 1,150 parking spaces. Responding to a question regarding parking and transit, Hall stated LionsHead is a better location for a parking structure rather than West LionsHead. Logan questioned the scheduling feasibility of the overall development of West LionsHead. "There has to be more of an understanding of the requirements of transportation, parking, housing ... We should have some discussion about a transit center ... Vail Resorts has veto power over any redevelopment of the LionsHead parking structure ... To not have a net increase in parking on that parcel is irresponsible ... What we have laid out here is just not practical." Zemler clarified once the conceptual proposals are received the town would take as much time as was required to evaluate needs and determine project requirements. 'We • are not in a hurry... We are looking to get this concept stage to closure ... The covenants on the property can be removed by the town ... That is certainly not a threat it is simply a fact ... We will take our time to evaluate all potential impacts" Hitt asked about the value of is the public input received during the town's Vail 20/20 process. Newbury asked if the potential developers' individual outreach efforts had been effective. Moffet said, 'We should try to align our policy directives... Pretty soon we should discuss what 1,000 additional parking spaces are desirable to us as a town, community and resort... First and foremost, let us do our job ... We essentially received an unsolicited offer on our house ... I feel like we are trying to find ways to say no, when we don't know what we are saying no to ... We need to play this and negotiate this as hard as we can." Gordon emphasized he would work for a win -win situation. 'We are taking something very positive and trying to make something negative out of it ... Let's work very hard to make this thing happen." Foley encouraged giving the town a respite from continuing construction. During a pause for public comment, Rick Scalpello expressed concern over the valuation methodology of the appraisal. Moffet moved to approve funding the parcel's appraisals with Hitt seconding. Representing the Vail Village Homeowners Association, Jim Lamont, clarified what information the appraisals would provide. He then encouraged Council to evaluate potential privatization for other public needs. Logan emphasized Council would remain as prudent as possible. Rayla Kundolf encouraged Council to increase their presence in the community to disseminate their plans and intentions. The motion passed 5-1, Foley opposed. The eighth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail PEC's denial of floodplain modifications, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for modifications to the Town of Vail White Water Park, in the Gore Creek floodplain, located at Tract I, Block 5E, Vail Village Filing 1, (generally located east of the International Bridge on Willow Bridge Road) (PEC06- 0050) . On August 7, 2006, the PEC denied a floodplain modification request, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for modifications to the Town of • Vail White Water Park, in the Gore Creek floodplain, located at Tract I, Block 5E, Vail Village Filing 1, (generally located east of the International Bridge on Willow Bridge Road). On August 15, 2006, Council "called -up" this PEC action. Staff recommended Council table the item until September 19, 2006, to address an issue related to the public hearing notice. Moffet moved to table the item with Gordon seconding. The motion passed unanimously, 7- 0. The ninth item on the agenda was a Bighorn Park Playground Improvements approval. Landscape Architect Gregg Barrie provided background during the work session and requested Council choose an option for proceeding with the Bighorn Park Playground Renovation. In February of 2006, staff presented a plan for the renovation of the Bighorn Park Playground to Council. Feedback was considered generally positive and Council informally approved the design. Only one proposal for construction was received and it was substantially higher than the cost estimate. Several options for proceeding with the project were then outlined. "As with our past several playground renovations, custom play structures and the inclusion of artwork are the basis for the design ... The Bighorn Park design is based on the construction of wooden sculptures that would serve as play structures to which various play equipment such as slides, bridges, and ladders could be attached." The sculptures, or "Blooms", are shaped as inverted cones and constructed of lodge pole pine killed by mountain pine beetle. The design creates a unique playground that blends with Bighorn Park's natural setting, reuses some of the existing play structure and site elements, and generally follows the comments received from the neighborhood open house in 2005. Moffet moved to approve $346,000 for the project and award a construction contract to Plumb Kendall construction with Hitt seconding. The additional funds required to complete the project as originally approved will come from several projects being moved back to 2007 • but previously funded for 2006. The motion passed unanimously, 6-1, Foley opposed. 4 • The tenth item on the agenda was a Timber Ridge Affordable Housing Corporation (TRAHC) Update. The Board of Timber Ridge Affordable Housing Corporation requested $200,000 from the town's existing buy -down budget for use in remediating 24 additional units (making them available for habitation). Currently 158 units have been remediated following the discovery of mold and are being rented. An additional 18 units are in process of remediation. Cash flow with the additional 18 units is projected to turn negative in 2009 when the first principal payments become due on the Series A bonds used to finance the parcel's acquisition. At least three local employers have indicated interest in master leasing more than the 18 units in process. A sewer blockage, which was previously thought to be a more serious problem, was repaired in the two remaining buildings and a plan for remediation has been discussed with a hygienist. Remediating the final buildings will provide 24 units of housing this year and provide positive cash flow indefinitely. Moffet moved to approve a $200,000 transfer from the housing buy -down program into the Capital Projects Fund with Newbury seconding. Mire noted for the record and to be included in the motion the loan serves a public purpose as affordable housing is critical for the town's economic vitality. Gordon clarified all of Timber Ridge would now be remediated. Hitt asked that staff closely monitor the quality of remediation and renovations. The motion passed unanimously, 7-0. The eleventh item on the agenda was the second reading of Ordinance No. 21, Series of 2006, an ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Heavy Equipment Fund, and Dispatch Services Fund of the 2006 Budget for the Town of Vail, Colorado. Budget and Financial Reporting Manager Kathleen Halloran was available to answer questions regarding the supplemental appropriations. The town's forest health project received significant interest and discussion. Foley clarified the forest health project was a joint effort between the town and U.S. Forest Service (USFS). Fire Technician Tom Talbot explained plans and outlined • safety considerations related to the removal by helicopter of lodge pole pines in the Greenhill Court area. Fire Chief John Gulick explained there would be a significant fire prevention education campaign in the near future. Zemler then clarified the Vail Fire Department did not have a dedicated wildland fire division as some larger communities do. He then discussed the potential for increased fire department duties with the creation of an additional company in West Vail. Moffet asked to have a wildland fire discussion at an upcoming meeting. Moffet then moved to approve the supplemental appropriations with Newbury seconding. Hitt expressed concern over pedestrian bridge and trail improvements on Westhaven Drive. Slifer encouraged performing involuntary home fire safety inspections. The motion passed 6- 1, Hitt opposed. The twelfth item on the agenda was the first reading of Ordinance No. 23, Series of 2006, an ordinance submitting a proposed amendment to the Town of Vail Home Rule Charter to the voters of the Town pursuant to Colorado revised statutes, section 31-2-210. Mire explained Section 31-2-210 of the Colorado Revised Statutes authorizes the governing body of a Colorado home rule municipality to submit proposed Home Rule Charter amendments to the voters of such municipality by ordinance. Council requested a review of proposed language amending Section 3.2 concerning terms of council members. The proposed language would have made all terms of Council Members to be four years starting in 2009. The proposed language would not have changed current term limits of eight years (or with the new language = two terms). Moffet explained the present charter language was superior to that which was proposed. Gordon said, " I don't feel this is a pressing issue warranting an emergency ordinance to get it on the ballot'. Hitt moved to pass the ordinance. The motion died for lack of a second. • The thirteenth item on the agenda was Resolution No. 16, Series 2006, A Resolution Directing All Members of the Town of Vail Police Department to Cooperate with the State • and Federal Officials with the Regard to Enforcement of State and Federal Laws Regarding Immigration and Further Directing all Members of the Town of Vail Police Department to Comply with the Requirements of Colorado Revised Statues (C.R.S.) § 29-29-103(2)(a). Police Chief Dwight Henninger explained the General Assembly of the State of Colorado enacted legislation designated as S1306-090, setting forth certain policies and regulations regarding immigration. A portion of SB06-090 has been incorporated into the Colorado Revised Statues (C.R.S.) as C.R.S. § 29-29-103. Colorado Revised Statues § 29-29- 103(2)(a), sets out certain requirements for local peace officers to comply with concerning immigration. C.R.S. § 29-29-103 requires the local governing body of each local government to pass a resolution of this type, specifically directing its peace officers to cooperate with state and federal officials with regards to enforcement of state and federal laws regarding immigration and further directing its peace officers to comply with the provisions of C.R.S. § 29-29-103(2)(a), even though a resolution directing local police officers to comply with other duly enacted state statutes has never been required or necessary. The Colorado General Assembly has declared that any local government violating C.R.S. § 29-29-103(1) or (2)(b) shall not be eligible to receive local government financial assistance through grants administered by the Department of Local Affairs until such time as the local government is in compliance with C.R.S. § 29-29-103(1)(2). Henninger then explained the resolution was an unfunded mandate and "won't change the way we do things." Hitt moved to approve the resolution with Moffet seconding. The motion passed unanimously, 7-0. The fourteenth item on the agenda was adjournment. Moffet moved to adjourn with Foley seconding at approximately 8:35 p.m. The motion passed unanimously, 7-0. Rod Slifer, Mayor ATTEST: = SEA • f { �0LORApO Lorelei Donaldson, Town Clerk U