HomeMy WebLinkAbout2006-10-03 Town Council Minutes• Vail Town Council Evening Meeting Minutes
Tuesday, October 3, 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 Pro -Tern Farrow Hitt.
Members present:
Members not present:
Kent Logan
Kim Newbury
Mark Gordon
Kevin Foley
Greg Moffet
Farrow Hitt, Mayor Pro-Tem
Rod Slifer, Mayor
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Asst. Town Manager
0 The first item on the agenda was Citizen Participation.
Avon resident Jonathon Levine offered comments regarding the proposed Wildlife
Protection Ordinance, including a request that holiday trash service schedule changes
be made aware to trash service customers. Levine also made several additional
suggestions based on his experience as a current resident of Avon. Hitt asked that
Levine wait to make his statements while the Wildlife Protection Ordinance was being
discussed later in the meeting.
Ryan Maddux, Cody White and Jerry Sibley asked for Council support of the Battle
Mountain High School Hockey Team. Maddux announced the team had reached the
state championships during the 2005 season, ending up in third place.
Jeff Thormodsgard asked for Council support of Referendum I (domestic partnerships) in
the upcoming state election. Town Attorney Matt Mire clarified Council could take one
position of advocacy for state election items.
Carolyn Napp, Eagle County (RE50-J) Director of Elementary Education, asked for
support of a November 2006 RE-50J bond election question.
Eagle County Commissioner Arn Menconi asked for Council support of Referendum 1A
(supporting early childhood development through sales tax).
The second item on the agenda was a Northwest Colorado Council of Governments.
• (NWCCOG) Water Quality Committee Update.
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• Former Vail Councilmember Chuck Ogilby, Lane Wyatt and Shanna Koenig asked for
continued Council support of the NWCCOG Water Quality and Quantity (QQ)
Committee. It was explained there were three staff members at NWCCOG working on
the QQ Committee with staff attorney support. Town of Vail QQ appointee Chuck Ogilby
was praised for his efforts on the QQ Committee. Ogilby explained the QQ Committee
was pivotal in securing Black Gore Creek sand mitigation funding and the Vail
Whitewater Park legislation. He then explained the committee continued to fight for
water rights in the Vail Valley. "These issues are really bringing the West Slope
together." Hitt clarified investigation continued on the Wolcott Reservoir project.
The third item on the agenda was the Consent Agenda.
a. Approval of 09.05.06 and 09.19.06 Town Council Minutes.
Moffet moved to approve the consent agenda with Newbury seconding. The motion
passed unanimously, 6-0.
The fourth item on the agenda was the Town Manager's Report.
Revenue Update.
Budget and Financial Reporting Manager Kathleen Halloran asked Council if they had
any questions regarding the most recent revenue analysis. No questions were asked.
❖ Construction Update.
• Public Works Director Greg Hall reported Meadow Drive is progressing relatively well as
work continues to the east. The Gore Creek Promenade Pedestrian Bridge was
installed. Gordon said Meadow Drive looks great. Hall stated work continued on utilities
at LionsHead. Foley clarified work on Westhaven Bridge had been temporarily stopped.
Logan clarified potential Checkpoint Charlie redevelopment plans would be brought
before the Planning and Environmental Commission (PEC) in the near future, and then
subsequently to Council.
❖ Design Review Process Service Changes.
Community Development Director Russ Forrest explained the department had met with
an inclusionary group of community users of the department to address how resources
could be used more efficiently, subsequently providing enhanced customer service. 'We
have blocked off time on Thursday where all three Departments (Community
Development, Public Works and Fire) are available to clarify simple issues... Turnaround
times for submitted projects continue to be improved." Zemler explained the town is
continuing to pursue resources (funds for additional staffing) from Vail Resorts to support
redevelopment efforts. Zemler then congratulated Forrest for his successful continuous
improvement efforts.
❖ Discussion of State Legislation Impacting Municipalities.
Moffet moved to direct Mire to draft a resolution of opposition to Amendment 38 (voter
. referendums and petitions) with Foley seconding. The motion passed unanimously,,6-0.
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• Moffet then moved to direct
(term limits for appellate cc
unanimously, 6-0.
Mire to draft a resolution of opposition to Amendment 40
art judges) with Newbury seconding. The motion passed
Gordon moved to draft a resolution endorsing Referendum I (domestic partnerships) with
Moffet seconding. The motion passed unanimously, 6-0.
Gordon then moved to draft a resolution to support Eagle County's ballot initiative 1A.
The motion died for a lack of a second.
❖ Draft Report on Vail Tunnel Options.
After being handed a draft report on 1-70 tunnel options, Council asked that the study be
presented and discussed in greater detail at an upcoming meeting.
❖ Next Steps on LionsHead Request for Proposals (RFP).
Forrest explained Council had received two proposals for the LionsHead parking
structure redevelopment. He then reported two proposed public meetings (November 7-
8) had been planned. Gordon clarified the property appraisal would be received mid -
October. Logan asked when parking, traffic and transit analysis/recommendations would
be made. Hall explained recommendations would be brought forth in the near future.
Zemler said the estimated costs of a Ford Park parking structure had not yet been
received. Hitt expressed concern a new western ski portal would transfer pedestrian
and vehicular traffic demands, thus making additional parking at Ford Park less
idesirable or needed. Gordon emphasized it was important to maintain the proposed
schedule.
Hitt announced the names of the five winners of Vail's Fall Shopping Spree contest. The
contest had been underway for the past six weeks to promote shopping and dining in
Vail. The winners, drawn from among 7,788 entries, were:
Kelly Kozlowski, Atlanta, Georgia • Laura Lodge, Vail
Erin Rooney, Vail . Chelsea Chase, Edwards
Orlin Angelov, Avon
The five winners became eligible to spend $500 at their favorite Vail businesses,
courtesy of the town. Zemler expressed gratitude to Public Information Officer Suzanne
Silverthorn for her and her staff's orchestration of the drawing.
Zemler said the Beaver Creek Resort Company wished to have a meeting with Council,
in particular to discuss enlarging or opting into the current boundaries of the Vail Local
Marketing District. Council agreed to look to an off Tuesday (no Council Meeting.)
The fifth item on the agenda was the Planning and Environmental Commission
(PEC)/Design Review Board (DRB) Update.
During a review of the most recent meetings of the PEC and DRB, Chief Planner George
Ruther answered questions regarding the latest proposals to go before the two boards.
• While discussing the PEC, Ruther explained the Willows Lodge had filed for the creation
of a Special Development District (SDD40). Gordon asked staff to prepare a
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• recommendation regarding housing requirements based on when a building permit was
issued as opposed to those in place at time of submittal. Mire explained the pending
ordinance doctrine could be applied to housing standards as well as a moratorium to
enact updated housing requirements. Ruther said Council's concerns regarding housing
were shared by the PEC. PEC Member Bill Jewitt asked Council for direction regarding
what Council may wish to receive in terms of public benefits regarding the Willows
redevelopment. Zemler emphasized the special housing meeting on October 10 was a
work session and no decisions would be made, only staff direction would be given.
Representing the Vail Village Homeowners Association, Jim Lamont asked for caution
regarding Council discussing policy issues dealing with pending SDD's. Gordon
expressed gratitude to former Town Planner Matt Gennett for efforts while employed by
the town.
The sixth item on the agenda was a request to remove a Type I Employee Housing Unit
deed -restriction from the property located at 1868 West Gore Creek Drive/Lot 47, Vail
Village West 15t Filing.
Ruther reported Paul Musson, the owner of the property located at 1868 West Gore
Creek Drive, is requesting to have the recorded Type I Employee Housing Unit deed -
restriction removed from the property. In summary, a deed -restriction was recorded
against the property in response to pending development and building permit
applications. As a result of a change to the approved plans, the improvements (i; e., a
second dwelling unit) which necessitated the deed -restriction were never constructed.
The property owner requested the removal of the deed -restriction. As the town is the
beneficiary of the deed -restriction, approval to remove the deed -restriction was required
• to be reviewed by Council. Moffet moved to grant the applicant's request with Newbury
seconding. The motion passed 4-2, with Gordon and Foley opposed.
The seventh item on the agenda was the second reading of Ordinance No. 20, Series
2006, An Ordinance Repealing and Reenacting Title 5, Chapter 9 'Wildlife Protection,"
Vail Town Code; Establishing Regulations and Standards Regarding the Protection of
Wildlife.
Town Attorney Matt Mire reported in August of 2002, and in response to a dramatic
increase in human -bear conflicts, the Vail Town Council (the "Council") adopted
Ordinance No. 19, Series 2002, which amended the Vail Town Code (the "Code") to
include a Chapter regarding Wildlife Protection. The stated purpose of the Wildlife
Protection chapter was to "protect and maintain wildlife in the Town of Vail and
surrounding areas and to minimize the risk of dangerous interaction between humans
and wildlife." On July 11, 2006, and based upon the testimony from town staff and Bill
Andree of the Colorado Department of Wildlife, regarding the effectiveness of the 2002
ordinance, Council directed staff to prepare amendments to the Wildlife Protection
Ordinance which would more effectively serve the purpose set forth above. On July 18,
2006, Council passed an emergency measure which removed the warning requirement
for first time offenders from the current Wildlife Protection regulations and also
eliminated the maximum fine amounts set forth in the Code. Accordingly, first time
offenders of the current Wildlife Protection regulations are now subject to the General
Penalty provision of the Code (up to $999 in fines and incarceration of up to 180 days, or
both). On August 1, August 15 and September 5, 2006, Council heard testimony and
• evidence from town staff, members of the community, licensed waste haulers and the
Colorado Division of Wildlife. Council then provided direction to amend the current
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• regulations which requires all Town of Vail residents to obtain by April 15, 2007, at a
minimum, A Wildlife -Resistant Refuse Container (sturdy plastic with lid and latching
mechanism). In addition, said container when not in use must be stored in a house,
garage or other enclosure. If unable to store as such, then the resident must have
Wildlife -Proof Refuse Container (metal) or an approved enclosure. Moffet moved to
adopt the ordinance with Foley seconding. Newbury questioned the use of recycling
containers. Zemler explained recycling and wildlife protection are two separate items.
Gordon asked for a recycling discussion to be brought before Council. During a pause
for public comment Jonathon Levine asked Council to consider better regulation of trash
pick-up notices and waste receptacle ownership identification. Sally Jackie said the town
should not exempt itself from new rules and emphasized the importance of a public
information campaign and aggressive police enforcement. She also asked for Council
and public support of the Police Department when enforcing the new regulations. Chris
Fitzgerald congratulated the Police Department on its enforcement efforts and
encouraged residents to report offenders. Vail Municipal Judge Buck Allen explained
there were "common sense" ways to determine holiday pickup mistakes. "We are
constantly working to improve the situation." Code Enforcement Officer Susie Huxford
said second homes managed by tardy property managers are often the cause of waste
receptacles being left out overnight. The motion passed unanimously, 6-0. Moffet
thanked Jackie and her husband Guy Ayrault for their continued diligence during the
Wildlife Protection Ordinance discussions.
The eighth item on the agenda was second reading of Ordinance No. 24, Series of
2006. An Ordinance Concerning the Organization of a General Improvement District in
the Town of Vail; Accepting the Petition for the Organization of Such General
• Improvement District, and Making Certain Findings and Determinations; Waiving all
requirements for Notice, Publications; Waiving all Requirements for Notice, Publication
and Hearing of the Formation of the General Improvement District; Establishing and
Creating the Town of Vail General Improvement District No. 1; Town of Vail, Colorado.
Mire explained The Town of Vail, (the "Town") is a municipal corporation duly organized
and existing under the laws of the State of Colorado (the "State") and in particular under
the provisions of Article XX of the Constitution of the State and the Town Charter (the
"Charter"). A Petition in regarding the Organization of the Town of Vail General
Improvement District No. 1, Town of Vail, Colorado has been filed in the office of the
Clerk and Recorder (the "Clerk") of the Town. Such Petition has been reviewed by the
Clerk. Such Petition has been signed by the registered electors representing one
hundred percent of the taxable real property within the proposed district and contains a
request, pursuant to Section 31-25-607(3.5), Colorado Revised Statutes ("C.R.S."), for
waiver of all requirements for notice, publication and a hearing set forth in Sections 31-
25-606 and 31-25-607, C.R.S, and a request for waiver of the bond provided for in
Section 31-25-605, C.R.S. Moffet moved to approve the ordinance with Newbury
seconding. The motion passed unanimously, 6-0.
The ninth item on the agenda was second reading of Ordinance No. 25, Series of 2006.
An Ordinance Designated by the Short Title "Election Ordinance"; Providing for an
Election Concerning the Town of Vail General Improvement District No. 1, Town of Vail,
Colorado for the Purpose of Submitting to the Electors of Said District the Proposition of
Imposing Property Taxes for the Purpose of Paying Costs of Operating and Maintaining
• Certain Public Improvements and to Allow the District to Collect, Retain and Spend Non
Property Tax Revenues; and Prescribing other Details in Connection with Said Election
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and Indebtedness; Repealing Any Action Heretofore Taken in Conflict Herewith; and
Ratifying Actions Previously Taken in Connection Therewith.
Mire explained The Town of Vail, (the `Town") is a municipal corporation duly organized
and existing under the laws of the State of Colorado (the "State") and in particular under
the provisions of Article XX of the Constitution of the State (the "Constitution") and the
Charter of the Town (the "Charter"). By ordinance adopted of even date herewith, the
Town of Vail has created the Town of Vail General Improvement District No. 1 (the
"District'). Pursuant to Section 31-25-607(4)(a), C.R.S., permits the Town Council, on
behalf of the organizing District, to call an election of the District's electors regarding
matters required to be voted upon under Article X, Section 20 of the Constitution
(`TABOR"), including questions pertaining the impositions of taxes, and for spending
certain moneys above limits established by TABOR. TABOR requires the District to
submit ballot issues (as defined in TABOR) to the District's electors on limited election
days before action can be taken on such ballot issues. November 7, 2006, is one of the
election dates at which ballot issues may be submitted to the District's eligible electors
pursuant to TABOR. The Town Council has determined to call the election on behalf of
the organizing District as permitted by Section 31-25-607(4)(a), C.R.S., due to the need
to satisfy various procedural requirements prerequisite to the holding of such election,
many of which could not be undertaken directly by the District in a timely fashion
following its formal organization. It is necessary to submit to the electors of the District,
at the election to be held on November 7, 2006, the questions of authorizing the District
to incur debt, to increase taxes for operations and maintenance purposes, and spend the
revenues thereof and to collect, keep and spend all revenues it receives as a voter
approved revenue change under TABOR. It is necessary to set forth certain procedures
• concerning the conduct of the election. The Town Council elects to utilize the provisions
of the Uniform Election Code of 1992 in order to conduct a mail ballot election on
November 7, 2006. Moffet moved to approve the ordinance with Gordon seconding.
The motion passed unanimously, 6-0.
The tenth item on the agenda was Matters from Mayor & Council.
Foley announced the Eagle County Transportation Authority (ECO) was soliciting
transportation requests from all of the county's municipalities. He then announced state
legislation may require the Eagle County transportation tax (ECO funding) to be
increased. He then said the newly paved trailheads look very good. He also noted, 'The
Tom Provo benefit was very well attended by old-schoolers and a lot of newer
residents." He then questioned the possible loss of adequate handicap parking in the
East Vail and LionsHead areas. He finalized his comments by questioning the Lodge
Tower's failure to install gas fireplaces as a part of their remodeling.
Gordon applauded the fire mitigation and beetle kill removal work taking place above the
upper bench of Donovan Park.
Logan pressed for increased fire mitigation discussions.
Newbury stated the Vail Valley exchange would continue accepting applications for the
upcoming reciprocal exchange to Australia. She encouraged applicants from Battle
Mountain High School as none had been received.
• Moffet commented on the most recent Vail Local Marketing District Meeting.
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0 The eleventh item on the agenda was Adjournment.
Moffet moved to adjourn with Foley seconding at approximately 7:45 p.m. The motion
passed 5-1, Newbury opposed.
ATTEST:
Lorelei Donaldson, Town Clerk
Minutes provided by Corey Swisher.
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Rodney E. Slifer, Mayor
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