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
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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.
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• 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.
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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
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