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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. 0 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 4 (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: C 1 SEAL • Oeaf ld° ,, Rodney E. Slifer, Mayor • Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. C J •