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HomeMy WebLinkAbout2006-05-02 Town Council Minutes• Vail Town Council Evening Meeting Minutes Tuesday, May 2, 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: Rod Slifer, Mayor Farrow Hitt, Mayor Pro-Tem Kent Logan Greg Moffet Kim Newbury Mark Gordon Kevin Foley Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. • Lou Meskkimen asked Council to investigate a community composting program. Rick Scalpello, on behalf of the Vail Farmer's Market, explained the quantity and diversity of vendors at the market would significantly increase in 2006. He said the markets would occur every Sunday from June 18 through September 24. He then asked Council to discontinue streetscape construction on June 18 and after Labor Day through the end of September. Mery Lapin expressed general unhappiness with the Special Development District process and requested Council convene a task force to review the process. The second item on the agenda was the presentation of the 2006 Youth Recognition Award Winners. Scott O'Connell, President of the Vail Valley Exchange, stated he had successfully hosted many groups from Mansfield / Mt. Buller, Australia, throughout the winter. He then presented the Vail Youth Recognition Award ($1,000 scholarship) to Battle Mountain High School student Kimberley Anne Corwin. Vail Mountain School student Leilani Bruntz also won the award but was unable to be in attendance. O'Connell then thanked Council for their continued support of the program. The third item on the agenda was the Consent Agenda. a. Approval of 04.04.06 and 04.18.06 minutes. Moffet moved to approve the minutes without amendments. Foley seconded. The is motion passed unanimously, 7-0. 3 • The fourth item on the agenda was a Tax Collection Overview. County Treasurer / Public Trustee Karen Schaeffer provided a revenue collection history for Eagle County and the Town of Vail. She then asked Council to feel free to contact her if they had any questions or problems regarding tax collection. Gordon thanked Schaeffer for helping to increase the dialogue between Eagle County and the Town of Vail. The fifth item on the agenda was a Construction Update. Public Works Director Greg Hall reported construction had begun on Mill Creek Court, Gore Creek Promenade, Meadow Drive and Vail Road, with all including both streetscape and utility work. "Meadow Drive bus service will be discontinued until the construction is complete ... Streetscape improvements around the Arrabelle at Vail Square site have also begun." The sixth item on the agenda was Proclamation No. 2, Series of 2006. A proclamation recognizing Adam Aron for his contributions to the Town of Vail while CEO of Vail Resorts. After Slifer introduced Aron, Hitt read the proclamation honoring Aron's accomplishments. Aron said, "This has been a love of mine for the past ten years ... I may go elsewhere but my heart will always be in the Vail Valley ... The citizens should be proud of what the mayor and town council have done for them." Zemler then presented Aron with an official town manhole cover. The seventh item on the agenda was a presentation of Certificate of Sufficiency, certifying as sufficient the Referendum Petition for the Town Council's reconsideration of Ordinance No. 5, Series 2006, an Ordinance Establishing Special Development District • No. 39, Crossroads, Pursuant to Article A, Special Development (SDD) District, Chapter 9, Title 12, Zoning Title, Town Code of Vail. Town Attorney Matt Mire reported the petition was submitted to the town on April 20, 2006, as required by referendum procedures outlined in the Vail Town Charter and state statute. Now the petition has been deemed sufficient, Council will be required to consider repeal of Ordinance No. 5, Series of 2006, which established a new SDD for Crossroads. This consideration has been scheduled for the June 6 evening meeting. If Council fails to repeal the ordinance by a three -fourths majority (6-1), the matter would then be referred to Vail's electorate in a special election set by the Vail Town Council. The tentative date for such an election is July 11. If the matter is referred to the voters and Vail's electorate repeals the ordinance by a majority vote, the Crossroads SDD would be invalidated. Or, if voters reject repeal of the ordinance, the SDD would remain in place as approved by the Town Council with construction scheduled to begin in spring 2007. The eighth item on the agenda was a request to proceed through development review. The applicant, Lancelot Restaurant, represented by Werner Schadl, requested permission to proceed through the development review process with a proposal involving Town of Vail owned property. Forrest explained the applicant, Lancelot Restaurant, requested to proceed through the development review process with a proposal to remove trees on the Gore Creek Promenade. The Gore Creek Promenade is owned by the town, and Council serves in the role of "property owner" for this site. Therefore as the property owner, Council must consent to the applicant proceeding through the town's development review process with this proposal. The Community Development and Public Works Departments recommended Council approve the • applicant's request to proceed through the development review process. Moffet moved to approve the request with Foley seconding. The motion passed unanimously, 7-0. Please note Council approval of the applicant's request does not constitute an explicit • approval of the proposed improvements; it only authorizes the applicants to proceed through the town's development review process. The ninth item on the agenda was a Raw Water Conversion Project — Intergovernmental Agreement (IGA). Greg Hall reported the town and Eagle River Water and Sanitation District, in November of 2003, jointly completed a feasibility study investigating the conversion of the irrigation systems in Ford Park and Donovan Park from treated water to raw water supply. Having found the work and finances to be feasible, the District prepared construction documents and hired a contractor to perform the work. The cost of the work to be paid by the District is $396,210.65. The cost of construction is to be reimbursed to the District by the town over a 20 year period through the water rates paid by the town. All pumping and filtration equipment will be owned and maintained by the District. The conversion to raw water will decrease the overall cost of water for these two parks and will decrease the treatment costs for the District. The savings to the town varies year to year within the 20 year period and is projected to be $10,000 the first year and $20,000 at year 20. Work is scheduled to begin in September to avoid high water during spring run off. Moffet moved to enter into the IGA with Newbury seconding. The motion passed unanimously, 7-0. The tenth item on the agenda was a funding request for rational nexus studies for both commercial and residential linkage that would be the foundation for potentially adopting additional employee housing mitigation strategies. Russ Forrest reported on April 18 staff made a presentation regarding numerous employee housing mitigation strategies Council may choose to adopt. "In order to codify commercial linkage and/or add • residential linkage, the Town of Vail will legally need to have a current rational nexus study." The authorization of dollars for the studies will allow the town to engage RRC's services to complete the nexus studies. The studies will take up to ten weeks to complete. Forrest recommended allocating $18,500 from the Affordable Housing Buy Down Program to pay for the completion of both a commercial and residential rational nexus studies. A general trend in the state courts has been to require a "rational nexus" between the fee and the needs created by development and the benefits incurred by the development. This analysis is a moderate position between a standard that requires the fee be "specifically and uniquely attributable" to the needs created by new development. Gordon questioned a recommendation made by a local planning consultant regarding the use of RRC. Forrest stated RRC understands this information "better than anyone else." Moffet moved to reallocate $18,500 from the buy down program for the use of performing a commercial and residential rational nexus study, and to compensate the Affordable Housing Buy Down Program during the next supplemental appropriation. Gordon seconded. The motion passed unanimously, 7-0. The eleventh item on the agenda was Second Reading of ORDINANCE 9, SERIES OF 2006, AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 2, SERIES OF 1997, PROVIDING FOR CHANGES TO SPECIAL DEVELOPMENT DISTRICT NO. 34, FLAUM-THE VALLEY PHASE V, THAT CONCERN THE INCREASE IN THE ALLOWABLE GROSS RESIDENTIAL FLOOR AREA (GRFA) FOR EMPLOYEE HOUSING UNITS (EHUS) AND ASSOCIATED GARAGES WITHIN THE DISTRICT. On March 27, 2006, the PEC voted 6-0-0 (Viele absent) to forward a recommendation of approval for a proposed amendment to SDD No. 34, Flaum - The Valley Phase V, to the Vail Town Council, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town is Code, to allow for the increase in the allowable GRFA for EHUs within the District from 500 square feet to 850 square feet and to increase the allowable size of the EHU garage • from 300 square feet to 400 square feet, located at at 1521, 1601, and 1631 Buffehr Creek Road/Lots A-C, The Valley Phase V. Moffet moved to adopt the ordinance with Foley seconding. The motion passed unanimously, 7-0. Foley thanked the Flaums for building a larger than needed employee housing unit. Hitt questioned the ordinance may set precedent. The twelfth item on the agenda was the Second reading of Ordinance No. 11, Series 2006, An Ordinance of the Town of Vail Annexing Certain Real Property to the Town of Vail. On February 14, 2006, The Vail Corporation filed with the Town Clerk for the Town of Vail a Petition for Annexation requesting that the Town Council of the Town of Vail commence proceedings to annex to the Town of Vail a certain parcel of land located in Section 8, Township 5 South, Range 80 West, of the 61" Principal Meridian, County of Eagle, State of Colorado, the approved final legal description of which is set forth as Exhibit A in this Ordinance No. 11. (the "Annexation Property'). The Town Council, by Resolution No. 6, Series of 2006, has also determined with regard to the Petition for Annexation for the Annexation Property: (i) the applicable requirements of C.R.S. §§ 31-12-104 and 31-12-105 have been met; (ii) an election is not required under C.R.S. § 31-12-107(2) or 31-12-112; (iii) no additional terms and conditions are to be imposed on the annexation of the Annexation Property; and (iv) the Annexation Property is eligible for annexation to the Town of Vail. Accordingly, this Ordinance 11 shall operate to annex the Annexation Property to the Town of Vail. Due to a predetermined conflict of interest (affiliations with Vail Resorts), Slifer and Gordon recused themselves from the item and left the Council Chambers. Moffet moved to approve the ordinance with Newbury seconding. The motion passed unanimously, 5-0. • The thirteenth item on the agenda was Resolution No. 7, Series 2006, a Resolution rescheduling the regular Town Council meeting of July 4, 2006, to July 11, 2006. Pursuant to Section 1-5-11, Vail Town Code, in the event a regular meeting would fall on a legal holiday recognized by the Town, the Council may defer the regular meeting to a subsequent date not later than one week after the deferred regular meeting. Moffet moved to approve with Newbury seconding. Mire clarified the special election would coincide with the rescheduled meeting date. The motion passed unanimously, 7-0. The fourteenth item on the agenda was A RESOLUTION RATIFYING THE PURCHASE OF LAND IN THE TOWN OF VAIL KNOWN AS THE MEADOW CREEK PARCEL AND LEGALLY DESCRIBED AS A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER, OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 5 SOUTH, RANGE 81 WEST SIXTH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO. Council has previously approved the purchase of the property ($230,000), and closed on the property on or about April 28, 2006. The Eagle County Open Space Committee and adjacent property owners committed $65,000 each to the acquisition of land. This acquisition is consistent with the Town of Vail Comprehensive Open Lands Plan. Forrest thanked neighborhood homeowners for their contribution. Foley clarified the $230,000 came from Real Estate Transfer Tax funds. Hitt clarified the parcel would serve as a continuance of Stephens Park. Moffet moved to approve the resolution with Hitt seconding. The motion passed unanimously, 7-0. Slifer said the purchase was a sign of increased cooperation between the county and the town. • The fifteenth item on the agenda was the Town Manager's Report. 4 • Request For Proposals (RFP) for LionsHead Parking Structure Town Manager Stan Zemler said that over time the town has received varied inquiries regarding the redevelopment of the LionsHead parking structure. "In the near future we are going to be faced with significant capital improvements in the LionsHead parking structure... Redevelopment may offer possibilities of increased economic vitality and parking enhancement." Hitt questioned whether redevelopment would hinder future transit decisions. Logan questioned whether the proposed Simba Run underpass should be a part of the project. "It is certainly generally related to this project." Zemler clarified it was premature to discuss details regarding any type of redevelopment of the structure. Council agreed to allow the Town Manager to issue the RFP. The sixteenth item on the agenda was Adjournment. Moffet moved to adjourn with Foley seconding at approximately 7:15 p.m. The motion passed unanimously, 7-0. ATTEST: / r L relei Donaldson, Town Clerk Minutes provided by Corey Swisher. 0 Rodney E. Slifer, Mayor