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HomeMy WebLinkAbout2006-06-06 Town Council MinutesVail Town Council Evening Meeting Minutes • Tuesday, June 6, 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-Tem Farrow Hitt. Members present: Farrow Hitt, Mayor Pro-Tem Kim Newbury Mark Gordon Kevin Foley Greg Moffet Not Present: Kent Logan Rod Slifer, Mayor Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. Joel Heath, Teva Mountain Games Owner/Organizer, reported the 2006 Teva Mountain Games at Vail were a huge • success. Although spectator numbers had yet to be tabulated, participant registration had increased over 33% in a one year period. Heath was also encouraged by far- reaching and comprehensive media coverage. He then thanked Council for their support of the games and complimented town staff for doing an exceptional job of mitigating construction impacts. The second on the agenda was the Consent Agenda. a. Approval of 05.02.06 and 05.16.06 Minutes. Foley moved to approve the minutes without amendment with Moffet seconding. The motion passed unanimously, 5-0. The third item on the agenda was a Construction Update. Public Works Director Greg Hall reported construction continued on Gore Creek Drive, Vail Front Door, Vail Road, East Meadow Drive (One Willow Bridge and Sonenalp, streetscape and utilities) and the area surrounding the future Arrabelle at Vail Square in LionsHead, landscaping at the Tivoli Lodge, Lodge at Vail (deck), and Village Parking structure work continues (open by 06.23.06). Construction on the Four Seasons is pending. Recreation Path disruption is expected to continue through the summer. Hitt clarified there may be a chance East Meadow Drive would be close enough to completion to allow an early start for the Vail Farmers Market. The fourth item on the agenda was a presentation of the 2005 Audit Report. Camp introduced Michael Jinkens, partner with McMahon and Associates, the town's independent auditors. Jinkens provided highlights and an overview of the audit. The is town received an unqualified/or clean opinion. "The numbers can be relied upon for decision making purposes." Hitt complimented the town's finance staff for their accurate • and diligent work. The fifth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Planning and Environmental Commission's denial of a variance from Section 12-6C-8, Density Control, and Section 12-6C-9, Site Coverage, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition, located at 1448 Vail Valley Drive/Lot 18, Block 3, Vail Village Filing 1. On July 25, 2005, the PEC approved variances from Section 12-6C-6, Setbacks, Section 12-6C-8, Density Control, and Section 12-6C-9, Site Coverage, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential garage addition and elevator/entry addition at 1448 Vail Valley Drive, Planner II Bill Gibson reported Council "called -up" the PEC's decision at its August 2, 2005, public hearing. On September 6, 2005, Council upheld the setback variance and site coverage variance to accommodate the garage addition. However, Council denied the variance requests for additional site coverage and gross residential floor area to allow for the elevator/entry addition. The applicant reapplied for site coverage and gross residential floor area variances for the same elevator/entry addition denied by the Council last September. On April 10, 2006, the PEC again denied the appellants' variance requests. The appellants subsequently appealed this decision. The appellant is now requesting Council grant a continuance (i.e. table) this item to June 20, 2006; so the appellant may appear at the hearing in person. Representing the applicant, Rick Pylman reported the applicants were unable to attend the hearing. Council clarified the plans/project was identical to the initial application. John Schofield, adjacent property owner, asked Council to continue the application. Moffet moved to deny the application with Newbury seconding. The motion passed 3-2, with Gordon and Foley • opposed. Moffet then moved to uphold the decision of the PEC, seconded by Newbury (both were amended). The motion passed 4-1, with Foley opposed. Schofield disagreed with Moffet's motion, stating the application was not a request for special privilege. Mire clarified the town did not wave any defense regarding Res Judicata as it applies to this application. The sixth item on the agenda was Council out of cycle contribution requests for 2006 Budget and Financial Reporting Manager Kathleen Halloran explained the 2006 "out of cycle" contribution requests submitted to staff on/before May 24, 2006, for 2006 funding. Staff requested direction from Council regarding proposed contributions. The purpose of the mid -year review is to provide an opportunity for organizations that have newly identified projects or unforeseen changes to their budgets to come forward all at the same time. Council evaluates the various proposals based on their direct benefit to the entire community of Vail, fulfillment of the town's mission, and how this contribution will affect our resort community's future health. Council's mission statement reads: In order to be the premier mountain resort community, we're committed to providing citizens and guests with a superior level of environmentally -sensitive services and an abundance of recreational, educational, and cultural opportunities. A. Vail Valley Music Festival Bravo! Vail Valley Music Festival requested $50,000 to help fund travel, administration, marketing, advertising and promotional expenses that will occur in 2006 for the 2007 Philadelphia Orchestra — Vail Residency program. The program was not finalized until after the deadline for the original 2006 contribution requests. Historically, the town has • contributed funding toward the Tier One New York Philharmonic / Vail program. Because this program was not finalized until after 2006 contribution requests, it falls • within the criteria for "a newly identified project or unforeseen changes." Staff recommended funding this request based on the caliber of this group and the fact that the Philadelphia Orchestra, although not perceived to be quite at the level of the New York Philharmonic, also resides in this Tier One category. The cultural benefit to the town and the tourist attraction of this event are also factors in staffs recommendation for funding. Newbury questioned where the Orchestra would be housed during their residency. Gordon and Mery Lapin clarified it was Bravo!'s intent to house the musicians in Vail proper. Moffet moved to include the request in the next supplemental appropriation with Gordon seconding. The motion passed 3-2, Newbury and Foley opposed. B. Vail Chamber & Business Association (VCBA) The VCBA requested $12,560 to fund attendance at the 2006 Colorado Snowsports Expo in Denver. This event was part of the original request to Council for 2006 contributions but was turned down at that time. Staff did not recommend funding this event for the following reasons: 1) it was already turned down by Council, 2) it did not meet the out -of -cycle funding request criteria of "newly identified projects or unforeseen changes to budgets" as a reason for the request, and 3) Vail is already represented at this event with attendance by Vail Resorts in partnership with Vail businesses and lodges. Newbury said Council needs to stick to its out -of -cycle funding criteria. Gordon asked to discuss the criteria at a future date. Representing the VCBA, Kaye Ferry emphasized the importance of the VCBA's attendance at the show and explained the funding request was caused by the Expo's registration requirements being out of sequence with out -of -cycle funding requests. VCBA Board Member Richard TenBraak, encouraged Council to sponsor the VCBA's attendance. Halloran reported she had • verified other local Vail businesses participated with Vail Resorts at the expo. Moffet moved to deny the request with Hitt seconding. The motion failed, 2-3, with Newbury, Gordon and Foley opposed. Gordon moved to include the request in the next supplemental appropriation with Foley seconding. The motion passed 3-2, with Moffet and Hitt opposed. C. Vail Valley Athlete Commission The Athlete Commission requested $5,250 to increase the town's overall contribution up to $10,000 (current contribution is $4,750 annually). The Commission would like to expand the 2006 program to include an additional ten qualified athletes for this winter season that were not anticipated at the time of 2006 contribution requests. Staff recommended additional funding for this program in support of our athletes and for the international exposure for the town. Staff supported the planned expansion and would like to continue our positive partnership with the Vail Valley Foundation, Vail Resorts and the Beaver Creek Resort Company in this program. Camp clarified it was an expansion of the summer program. Moffet moved to include the request in the next supplemental commission with Foley seconding. The motion passed unanimously, 4-1, with Hitt opposed. D. Betty Ford Alpine Gardens The Alpine Gardens requested $10,000 in seed money to begin a renovation / replanting of the Meditation Garden. This is a capital project in addition to the normal operating budget. The Garden hosts thousands of visitors per year and has achieved world - premier status as a high altitude garden. Staff does not recommend funding this project 0 because it is more appropriate for inclusion in the 2007 Contribution requests. It does • not fit the criteria of "newly identified projects or unforeseen changes to budgets". Moffet moved to deny the project with Foley seconding. The motion passed unanimously, 5-0. During a pause for public comment, Rick Scalpello asked for decorative flags that used to be displayed in Lionshead and Vail Village to be displayed again. Hitt said town staff would investigate the possibility of the request. The seventh item on the agenda was the first reading of Ordinance No. 16, Series of 2006, An Ordinance Repealing 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 Mire explained on March 21, 2006, Council adopted Ordinance No. 5, Series of 2006, an ordinance establishing SDD No. 39, Crossroads, (the "Crossroads Ordinance"). On April 27, 2006, and pursuant to Section 5.4 of the Charter, the Town Clerk certified as SUFFCIENT a referendum petition seeking reconsideration of the Council's adoption of the Crossroads Ordinance, and if not so repealed upon reconsideration, that it be approved or rejected at a town election. Pursuant to Section 5.6(a) of the Charter, when a referendum petition has been finally determined sufficient the Council shall promptly reconsider the referred ordinance by voting its repeal. Foley moved to adopt the Ordinance. The motion failed for lack of a second. Mery Lapin encouraged Council to provide the public the courtesy to discuss the matter. The eighth item on the agenda was Resolution No. 9, Series 2006, A Resolution Calling a Special Election in the Town of Vail, Colorado Concerning Ordinance No. 5, Series of 2006, an Ordinance Establishing SDD No. 39, Crossroads, Pursuant to Article A Special • Development (SDD) District, Chapter 9, Title 12, Zoning Title, Town Code of Vail Mire explained on March 21, 2006, the Council adopted Ordinance No. 5, Series of 2006, an ordinance establishing SDD No. 39, Crossroads, (the "Crossroads Ordinance"). On April 27, 2006, and pursuant to Section 5.4 of the Charter, the Town Clerk certified as SUFFCIENT a referendum petition seeking reconsideration of the Council's adoption of the Crossroads Ordinance, and if not so repealed upon reconsideration, that it be approved or rejected at a Town election. The Council has failed to repeal the Crossroads Ordinance, and pursuant to Section 5.6(b) of the Charter, it is necessary for the Council to set a special election. Gordon explained a belief that it may be to easy to recall Council decisions. Mire reported the town would eventually incur between $30-40,000 worth of expenses for matters leading up to and holding an election . Moffet suggested a charter amendment be pursued in the November election to make recall referendums more difficult. Anne Reilly Bishop explained it was the right of the voter under the state constitution to repeal such legislation. Mery Lavin said what made Vail successful is the European alpine architecture, human scale, low density zoning in Vail Village and quality of skiing experience. Moffet stopped Lapin's comments as they were "campaign fodder." PEC Member Bill Jewitt said he looked forward to a vigorous and civil campaign. Andy Weissner suggested extraordinary steps be taken to appropriately identify the actual height of the proposed building. Robert Aikens asked if absentee ballots would be available. Mire answered yes. Brent Martin supported Gordon and Moffet's comments regarding making the referendum process more difficult. Tom Steinburg complained the Mayor Pro -Tern was biased in his allowance of comments and said Mr. Knobel threatened the town. Moffet moved to adopt with Hitt seconding. The motion passed unanimously, 5-0. I' -I LJ • The ninth item on the agenda was the First Reading of Ordinance No. 17, Series of 2006, an ordinance amending Section 12-21-14E, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow for an amendment to increase the amount of allowable site coverage on lots with excessive slopes, from a maximum of 15% to a maximum of 20% On April 24, 2006, the PEC conducted a work session during which staff was directed to draft changes to their suggested modified version of the applicant's proposed text amendment. On May 8, 2006, the PEC recommended approval of the proposed text amendment to Council, as modified by staff. Upon the advice of Mire, Moffet moved to table the item until 06.20.06, with Gordon seconding. The motion passed 5-0. The tenth item on the agenda was Second reading of Ordinance No. 12, Series of 2006, an ordinance amending the official zoning map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; zoning the area more commonly referred to as the "Front Door USFS land exchange parcel" to the Ski Base Recreation — 2 District (SBR-2). On May 8, 2006, the PEC held a public hearing on the request to amend the Official Zoning Map of the town. Upon consideration of the request, the Commission unanimously approved a motion recommending approval of the zoning request to Council. Due to a predetermined conflict of interest (Vail Resorts employment) Gordon recused himself from the item and left the Council Chambers. On May 16, 2006, Council approved Ordinance No. 12, Series of 2006 on first reading as presented. Moffet moved to pass the ordinance with Foley seconding. Foley asked that revegetation on the sight occur. Representing the Vail Village Homeowner's Association Jim Lamont offered support for the zoning. The motion passed unanimously, 4-0. • The eleventh item on the agenda was the second reading of Ordinance No. 15, Series of 2006, AN ORDINANCE EXTENDING A MORATORIUM ON THE SUBMISSION AND PROCESSING OF BUILDING PERMITS AND LAND USE APPROVALS IN THE LIONSHEAD MIXED USE 1 AND LIONSHEAD MIXED USE 2 ZONE DISTRICTS WHICH WOULD RESULT IN THE NET LOSS OF ACCOMMODATION UNITS, PARKING SPACES AND EMPLOYEE HOUSING UNIT. On April 18, 2006 Council adopted Ordinance No. 13, Series 2006 establishing a sixty (60) day moratorium on the submission and processing of building permits and land use approvals in Lionshead Mixed Use 1 and 2 zone districts. Because of procedural requirements and time necessary to effectuate the subject text amendments to Title 12, Vail Town Code, it will be necessary to extend the moratorium for an additional sixty (60) days. Moffet moved to adopt the Ordinance with Newbury seconding. The motion passed unanimously, 5-0. The twelfth item on the agenda was RESOLUTION NO. 10, SERIES OF 2006. A RESOLUTION APPROVING THE FRONT DOOR DEVELOPMENT AGREEMENT (THE "AGREEMENT") BETWEEN THE TOWN OF VAIL (THE "TOWN") AND THE VAIL CORPORATION, D/B/A VAIL ASSOCIATES, INC., A COLORADO CORPORATION ("VAIL ASSOCIATES"), WHICH AGREEMENT PERTAINS TO CERTAIN RESPECTIVE RIGHTS AND RESPONSIBILITIES OF THE TOWN AND VAIL ASSOCIATES IN RELATION TO THE FRONT DOOR DEVELOPMENT SITE OWNED BY VAIL ASSOCIATES AND AFFILIATES. The town previously approved a development plan and design criteria proposed by Vail Associates for the intended development of the "Front Door" mixed -use real estate development project (the "Project"), the site of which • is located in the Town of Vail to the south of the Lodge at Vail and the southerly end of Bridge Street and which borders and/or subsumes the Vista Bahn ski yard on the site's 16 east side (the "Front Door Site"); The town, acting through its applicable departments and agencies (including the Director of Public Works and the Director of Community Development), and Vail Associates, on its own behalf and on behalf of its applicable affiliates as the owners of the Front Door Site, have negotiated terms and conditions for the Agreement to govern certain matters related to the development of the Project, and the respective rights and responsibilities of the town and Vail Associates in connection with those matters. Council's approval and authorization of the Agreement satisfied certain conditions established by the PEC as part of its approval of the development plan for the Project. Due to a predetermined conflict of interest (Vail Resorts employment), Gordon recused himself from the item and left the Council Chambers. Hitt attempted to clarify how much lead time would be required to host a special event on the area. Representing Vail Resorts, Jay Peterson said any events would probably be in conjunction with an on -mountain event (winter). Representing the VCBA, Kaye Ferry said she is not comfortable with what the town is receiving in terms of a special events venue. Moffet moved to adopt the resolution with the addition of language that stated prior to issuance to a Temporary Certificate of Occupancy (TCO) being issued the town and Vail Resorts would complete a reasonably agreeable management plan for special events in the ski yard, to be completed December 6, 2006, with Newbury seconding. Foley said he would vote against the resolution because the employee housing requirements for the project were not adequate. Hitt emphasized the importance of having a housing conversation. PEC Member Bill Jewitt said a special events area at the Front Door was critical to the Front Door proposal approval when he served on Council. Representing the Vail Village Homeowner's Association, Jim Lamont emphasized collaboration and cooperation while discouraging relentless events that may . cause "nuisance." Representing the Commission on Special Events (CSE), Sybil Navas said special events are critical to Vail. " I don't think we are ready yet to call ourselves a retirement community ... We are still a resort and have an obligation to provide entertainment." The motion passed 3-1, Foley opposed. The thirteenth item on the agenda was Resolution No. 11, Series 2006, A Resolution Adopting the Multi -Jurisdictional All -Hazard Pre -Disaster Mitigation Plan for the Town of Vail. The U.S. Congress passed the Disaster Mitigation Act of 2000 ("Disaster Mitigation Act") emphasizing the need for pre -disaster mitigation of potential hazards. The Disaster Mitigation Act made available hazard mitigation grants to state and local governments. The amount of hazard mitigation grants available to state and local governments is contingent upon the adoption of an approved pre -disaster mitigation plan. The Town of Vail along with the Towns of Aspen, Snowmass Village, Basalt, Avon, Eagle, Gypsum, Minturn, Red Cliff, and Eagle County and Pitkin County, have developed a multi - jurisdictional pre -disaster mitigation plan designed to leverage their common characteristics and planning resources to better prepare for potential hazards. The town desires to comply with the requirements of the Disaster Mitigation Act and to augment its emergency planning efforts by formally adopting the Multi -Jurisdictional All -Hazards Pre - Disaster Mitigation Plan for Pitkin and Eagle Counties dated June 1, 2005. Moffet moved to adopt the Resolution with Foley seconding. The motion passed unanimously, 5-0. The fourteenth item on the agenda was the Town Manager's Report. • • Employee Down Payment Assistance Funding. IJ • • Zemler reported the town's Down Payment Assistance Program has successfully assisted 27 employees in purchasing homes in the area. This program has contributed to a 50% reduction in turnover rates over the last four years. As demand for the program continues, additional funding will be needed to maintain the positive results. Since the program does not have a cost to the town (just a loss of potential interest earnings), it is a highly effective tool in employee recruiting and retention. Council was informed a request for an additional $50,000 to be added to the available pool would be made during 2007 budget discussion. Council encouraged Zemler to make the request in a second supplemental. Newbury suggested those who choose to reside in Vail be eligible for additional funds. • Meadow Drive / Farmers Market. Zemler said it may be possible to clear Meadow Drive of construction debris by June 18`h to facilitate an early start for the Vail's Farmer's Market. The fifteenth item on the agenda was Adjournment. Moffet moved to adjourn with Foley seconding. The motion passed unanimously, 5-0 at approximately 9:30p.m. ATTEST: kqICoLo � Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. Farrow Hitt, Mayor Pro-Tem 7