HomeMy WebLinkAbout2006-01-03 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, January 3, 2006
6:00 P.M.
Vail Town Council Chambers
Council Members Present: Rod Slifer, Mayor
Farrow Hitt, Mayor Pro-Tem
Kim Ruotolo
Greg Moffet
Kent Logan
Kevin Foley
Mark Gordon
Staff Members Present: Stan Zemler, Town Manager
Pam Brandmeyer, Asst. Town Manager
Matt Mire, Town Attorney
The first item on the agenda was Citizen Participation.
Representing Architectural Resource Consultants (ARC), Chris Squadra stated that in
2004, financial rankings used by the firm for determining a potential builder for the
,is conference center, had potential for misrepresentation. Squadra then apologized to
David Viele, of J.L. Viele Construction, for any harm the financial ranking system may
have caused his company. Due to the circumstances, he said ARC has since
reevaluated its financial ranking system. Squadra then thanked Council for its support
throughout the conference center process.
The second item on the agenda was the Consent Agenda.
A.) 12.06.05 & 12.20.05 Minutes Approval.
B.) Law Enforcement Assistance Fund (LEAF) Grant. The Police Department received a
grant from the Colorado Department of Transportation for increased Driving Under the
Influence (DUI) enforcement during calendar year 2006, under the LEAF Program. This
$12,000 grant will fund overtime for police personnel to conduct DUI patrol and appear in
court for related cases.
C.) Annual appointment of newspaper of record for Town of Vail publications and
notices for 2006. Appoint The Vail Daily as the newspaper of record for 2006 for the
Town of Vail publications and notices. The town annually establishes a newspaper of
record for all public notices. This year, a bid was requested from Eagle Summit
Publishers, owner of all the newspapers in Eagle County, and requested a bid for The
Vail Daily publications.
D). Resolution No. 1, Series of 2006, a resolution designating a public place within the
Town of Vail for the posting of notice for public meetings of the Vail Town Council, PEC,
. Design Review Board (DRB), and other boards, commissions, and authorities of the
Town of Vail. C.R.S. as amended, provides that local public bodies must give full and
timely notice to the public of any meetings at which the adoption of any proposed policy,
position, resolution, rule, regulation, or formal action occurs at which a majority or
quorum of the body is in attendance, or is expected to be in attendance. After Foley
asked that item D be discussed separately, Moffet moved with Foley seconding a motion
to approve items A, B, & C. The motion passed unanimously, 7-0.
Foley then expressed concern over posting of Council agendas as it was inconvenient
for many to travel to town hall to view the physical postings. He recommended placing
public notices at supermarkets or bus stops. Zemler reported all Council agendas were
posted on the town's web -site. Public Information Officer Suzanne Silverthorn said she
would provide an update on the number of hits on the town's web -site that Council
agendas receive. Zemler suggested discussing other posting options at an upcoming
meeting, but limiting the legal requirement postings to town hall. Moffet then moved to
pass Resolution No. 1, Series of 2006 with Foley seconding. The motion passed
unanimously, 7-0.
The third item on the agenda was an Appeal of the Town of Vail DRB'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. Council was requested to table this appeal to the January 17, 2006,
Council hearing. On November 2, 2005, the DRB denied a request for a change to
approved plans 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. The appellants, Donald and Ronne
Hess, owners of 1220 Ptarmigan Road, appealed the DRB's denial. On December 20,
2005, Council tabled the Hess Residence appeal to January 3, 2006. Staff
recommended Council table the Hess Residence appeal until January 17, 2006, per the
appellant's request. Hitt moved with Moffet seconding a motion to table. The motion
passed unanimously, 7-0.
The fourth item on the agenda was a request from the Eagle Valley Alliance for
Sustainability (EVAS) for a $15,000 donation and review of supporting documentation
regarding the county wide recycling program.The EVAS proposed to take over and
operate the Eagle County recycling program. The Community Development Department
recommended Council approve the funding request. In the 2006 budget, $15,000 was
earmarked for recycling under Council contributions. Hitt clarified the expense was
budgeted. Matt Scherr, EVAS Executive Director, confirmed recycling services within the
town would be enhanced. Hitt moved to approve the funding with Ruotolo seconding.
The motion passed unanimously, 7-0.
The fifth item on the agenda was an emergency preparedness update. Police Chief
Dwight Henninger reported the town has always taken emergency preparedness
seriously and has reviewed prior incidents in an attempt to capture lessons learned for
future improvements. Hosting the World Cup Championships in 1989 and 1999 was also
the impetus for building upon the town's level of preparedness and emergency
management capability. Previous history indicated the training and expectation for
• management responsibility had fallen on the public safety agencies and had not included
the remainder of the staff. Although these systems have worked fairly well, the events of
. September 11, 2001, and the sink hole incident in June of 2003, revealed some
deficiencies in the town's potential ability to handle a major incident, particularly with the
town's ability to staff logistical, planning and financial tracking functions, according to
Henninger. The federal government mandated philosophical changes in emergency
management and has tied Homeland Security Grant funding to adoption of these
changes, which the town has embraced. Henninger went on to say over the past three
years the town has embarked on a significant program of developing skills to manage a
critical incident, including many members of the civilian staff, in addition to police and fire
department personnel. Henninger says the town has reviewed and prioritized potential
natural and man-made incidents affecting the area as follows:
Highest Likelihood: Severe weather; debis flow/flooding, materials slide, structural fire,
wildland fire, hazardous material release, civil disturbance, structural collapse,
transportation accident (roadway/lifts), mass casualty incident and utility service failure
Lower Likelihood: Aircraft accident, dam failure, earthquake and terrorism/weapon of
mass destruction
Henninger then described public safety goals for 2006:
• Review and update the Emergency Operations Plan to include new Homeland
Security directives which are based on the use of Emergency Support Functions
(ESF's).
•
Conduct quarterly training exercises to continue to develop our preparedness skills.
•
Complete a majority of the NIMS/ICS training.
• •
Complete the development of a mobile command/communications vehicle for
deployment to incidents and to provide a back-up to the communications center.
This is currently being done on a used bus platform from the Transportation
Department.
•
Work with the County to develop an Incident Management Team, which would assist
the Town with any prolonged or complex incidents.
•
Continue to develop alternative communications systems in the event of failures of
our primary systems.
•
Complete and educate citizens on an updated evacuation plan.
•
Develop a Citizens Emergency Response Team (CERT) with volunteers to help
neighborhoods learn to be self-sufficient in the event of a large prolonged incident.
•
Continue to develop messages to encourage preparedness activities for our citizens
and the lodging community.
•
Collaborate with other special districts, Vail Resorts Inc. and non -governmental
agencies to integrate them into our emergency preparedness planning, training and
exercising.
•
Establish and formalize a County -wide Public Information Officers group to be
available to assist during large-scale incidents
It was reported Council would receive information on their duties and responsibilities
during a critical incident from Steve Denney of the Colorado Division of Emergency
Management on Jan. 17. This training is part of the plan for the town's compliance with
the National Incident Management System and Incident Command System.
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The sixth item on the agenda was the second reading of Ordinance No. 20, Series of
• 2005, an Ordinance repealing and reenacting Ordinance No. 9, Series of 2003, providing
for the Major Amendment of Special Development District (SDD) No. 36, Four Season
Resort, and Amending the approved Development Plan for SDD No. 36, in accordance
with Chapter 12-9A, Vail Town Code. Town Planner Matt Gennett reported on July 10,
2001, Council approved Ordinance No. 14, Series of 2001. Ordinance No. 14, Series of
2001, adopted a development plan for the establishment of SDD No. 36, Vail Plaza
Hotel West, on the Chateau at Vail site. Ordinance No. 14, Series of 2001, approved a
development plan for the SDD which included 15 dwelling units, 116 accommodation
units, 40 fractional fee club units, and 14 Type III employee housing units. The
approved deviations from development standards of the underlying zoning included an
increase from both the maximum allowable height and maximum allowable site coverage
standards. On October 7, 2003, the Council approved Ordinances No. 9 and No. 10,
Series of 2003. Ordinances No. 9 and 10 adopted an amended development plan for
SDD No. 36, Four Seasons Resort and rezoned a portion of the development site to the
Public Accommodation zone district. The amended development plan allows for the
construction of a mixed use hotel development to include 18 dwelling units, 118
accommodation units, 22 fractional fee club units, and 34 Type III employee housing
units. On August 8, 2005, the PEC forwarded a recommendation of approval to Council
of a major amendment to the Approved Development Plan for SDD No. 36, Four
Seasons Resort. The major amendment consists of the following modifications: the total
number of proposed Dwelling Units is reduced from eighteen (18) to sixteen (16); the
total number of proposed Accommodation Units increases from one hundred eighteen
(118) to one hundred twenty-two (122); the total number of proposed Fractional Fee
Club Units is decreased from twenty-two (22) to nineteen (19); and the total number of
. Type III Employee Housing Units decreases from thirty-four (34) to twenty-eight (28).
On November 28, 2005 the PEC upheld staff's approval of a request for a minor
amendment to SDD No. 36, Four Seasons Resort, to allow the applicant to shift the
building footprint one foot (1') back from its approved location. Moffet moved to approve
the ordinance with Hitt seconding. The motion passed unanimously, 6-1, Foley opposed.
The seventh item on the agenda was second reading of Ordinance No. 25, Series of
2005, An ordinance repealing and reenacting Ordinance No. 9, Series of 1998, providing
for changes to SDD No. 22, Grand Traverse, that concern the elimination of Gross
Residential Floor Area (GRFA) within the District and the number of lots. On September
26, 2005, the Town of Vail PEC held a public hearing on a request to amend SDD No.
22, Grand Traverse. The purpose of the amendment to the SDD is to eliminate the
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 SDD No. 22, Grand traverse, to the Vail Town Council. On December
6, 2005, Council approved the first reading of Ordinance 25, Series of 2005, by a vote of
5-2-0 (Hitt and Foley opposed). Moffet moved to approve the ordinance with Gordon
seconding. Foley and Hitt stated there would be other ways to do it. Representing the
Vail Village Homeowners Association, Jim Lamont pointed out what can be changed one
way can be changed again in respect to GRFA. Mire clarified public recourse could be
initiated by town staff. The motion passed 5-2, Foley and Hitt opposed.
The eighth item on the agenda was the second reading of Ordinance 29, Series of
2005, an Ordinance amending Title 11, Sign Regulations; Title 12, Zoning Regulations;
• Title 13, Subdivision Regulations; and Title 14, Development Standards Handbook; Vail
Town Code, for proposed Corrections and Clarifications to the Vail Town Code
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(Housekeeping Ordinance). A work session for Council was held on December 6, 2005,
where a report outlining the details of the proposed text amendments was distributed.
Council members asked questions regarding the proposed text amendments and no
changes were made. On December 20, 2005, Council approved Ordinance 29, Series
of 2005 on first reading, with a vote of 7-0-0. Since the first reading, additional text
amendments were included to allow Type IV Employee Housing Units as a permitted
use in the HR, SFR, R, PS, RC, LDMF, MDMF, HDMF, PA, CC1, LMU-1 and LMU-2
Districts. Moffet moved with Foley seconding a motion to approve. The motion passed
unanimously, 7-0.
The ninth item on the agenda was the second reading of Ordinance No. 32, Series of
2005, an Ordinance Amending 5-3-2, Public Health and Safety, Vail Town Code
Section 5-3-2 of Chapter 5, Public Health and Safety, Vail Town Code, defines a solid
fuel burning device as follows:SOL/D FUEL BURNING DEVICE.- Any fireplace, stove,
firebox or device intended and or use for the purpose of burning wood, pulp, paper, or
other non -liquid or nongaseous fuel. The applicants proposed to add the following
language to this definition (added language is shown in bold type): Solid fuel burning
device does not include cook stoves in licensed commercial eating and drinking
establishments in the town. Staff recommended the proposed text amendment based
upon the intent of the subject regulation and the proposal not having a negative impact
upon the purpose and intent of Section 5-3-2, Vail Town Code. Ruotolo moved to
approve the ordinance with Hitt seconding. The motion passed unanimously, 7-0.
The tenth item on the agenda was the second reading of Ordinance No. 33, Series of
2005, an ordinance repealing and re-enacting Ordinance No. 12, Series of 2006,
. Cascade Village, amending and reestablishing the approved Development Plan for Area
A of SDD No. 4, in accordance with Section 12-9A-10, Vail Town Code, to allow for the
construction of eleven new dwelling units. On November 14, 2005, the PEC forwarded a
recommendation of approval to Council of a major amendment to the Approved
Development Plan for SDD No. 4, Area A, Cascade Village. The requested amendment
amends the total number of allowed dwelling units in Area A, SDD No. 4, from ninety-
four (94) dwelling units to ninety-eight (98). Moffet moved to approve the ordinance with
Gordon seconding. The motion passed 6-1, Foley opposed.
The eleventh item on the agenda was the Town Manager's Report.
Council Retreat Take-Aways. Zemler reviewed the following topics with Council, looking
for approval and direction on how to most appropriately proceed with action.
1.
Environment
2.
Forge Better Relationship with Business Community
3.
Housing
4.
Parking/Transportation
5.
Public Facilities
6.
Assess Town's Financial Condition
7.
Recreation
8.
Cultural/Special Events
9.
Peer Resort/Community Trips
10.
Leadership
11.
Reaching Out to International Homeowners & Destination Guests
12. Develop Berm on South Side of Village Transportation Center Across From the
• Austria Haus
13. Informal Social Sessions/Ski Day with the Mayor/Council, Including Both
Community and Staff
Staff has proposed to address the topics in the following manner:
2-7-06 Work Session
--Following parking task force (week of 1.23.06), discussion of parking, transit (to
include: some neighborhoods "underserved" by buses) - Greg Hall (30 min.)
--Discussion of dispersion of $7.7M Conference Center Fund proceeds
2-7-06 Evening Meeting
--Peer Resort/Community Trips Update - Suzanne Silverthorn
2-21-06 Work Session
--Housing Discussion to include pay -in -lieu, inclusionary zoning and case studies
from other communities who've had similar situations
7-18-06 Work Session
--Discussion of redevelopment of berm on south side of Village Parking Structure
into retail (across from Austria Haus) Will occur if Timber Ridge redevelopment
is resolved.
Vail Community Plan
Community Development Director Russ Forrest asked Council if they agreed with
developed goals proposed to be used while developing the town community plan.
• Brandmeyer then reported Rex Keep would be in attendance at the Jan. 17 meeting to
take Council photographs. She said staff continued to discuss how to better manage
vehicles left overnight in the parking structures by drivers who end up having too much
to drink. She also made known the Town Council and Beaver Creek Resort Company
joint meeting would be held Jan. 10 at Grouse Mountain Grill in Beaver Creek at 6:30
p.m.
The twelfth item on the agenda was Adjournment. Moffet moved with Foley seconding a
motion to adjourn. The motion passed unanimously, 7-0, at approximately 8:05 p.m.
Respectfully Submitted,
ATTEST:
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Rodney E. Slifer, Mayor
• Lorelei Donaldson, Town Clerk
Minutes provided by Corey Swisher.
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