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Home My WebLink About2007-05-01 Town Council Minutes• Vail Town Council Evening Meeting Minutes Tuesday, May 1, 2007 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 Greg Moffet Kim Newbury Mark Gordon Kevin Foley Not present: Kent Logan Farrow Hitt, Mayor Pro -Tern Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager • The first item on the agenda was Citizen Participation. Representing Eagle County Animal Services, Natalie Duck presented information about a campaign on safe human/dog interaction. She invited representatives of the town to attend an informational meeting on May 22. The second item on the agenda was the Consent Agenda. Approval of 04.03.07 & 04.17.07 minutes. Moffet moved to approve the minutes without amendments with Newbury seconding. The motion passed unanimously, 5-0. The third item on the agenda was the Town Manager's Report.' • Revenue Update. Finance Director Judy Camp announced that although ski lift tax collections for the month of March are down slightly from the previous year (1.4%), year-to-date collections through March are up 4.7% from last year.. The ski season to date (November —March) is up 3.4%. Construction permit revenue, which can be considered an indicator of redevelopment activity, is off to a good start in 2007. Year-to-date construction permit fees of $601,515 include $427,759 from major construction projects: the Arrabelle at Vail Square, Forest Place, Four Seasons, Lodge Tower, Lodge at LionsHead, Manor Vail, • Mountain View (formerly Apollo Park), Ritz Carlton, Vail Plaza Hotel, Westhaven Condominiums, and the Willows. This is a 27% increase in total over the first four • months of 2006, with the major projects accounting for approximately 71 % of the fees in 2007 and 75% in 2006. Construction permit fees include building, electrical, mechanical, plumbing and sprinkler permits. Year-to-date Real Estate, Transfer Tax (RETT) collections through April 23, 2007, total $1.7 million compared with $1.6 million for the same time period last year, an increase of 6.1%. Major redevelopment projects including Gore Creek Place and Forest Place contributed $202,500 or 12% of the total in 2007 while no major redevelopment projects closed in the first four months of 2006. • Wildlife Resistant Containers. Police Chief Dwight Henninger said he believed residential customers were approximately 75% compliant with the wildlife protection ordinance. Henninger then outlined the extensive public awareness campaign. Year-to-date the Police Department has answered calls to three bear sightings. Foley clarified summons would be issued for non-compliance the next day (as opposed to written warnings). The fourth item on the agenda was a Construction Update. Public Works Director Greg Hall announced snowmelt installation at Meadow Drive and Slifer Plaza are continuing. "Decorative planters are being put in by the Children's Fountain... Work surrounding Manor Vail has started. The Vail Plaza Hotel is finishing median work on the South Frontage Road ... The Four Seasons will be generating a lot of heavy truck traffic... Crossroads will begin demolition on May 7." Slifer encouraged appropriate signage be used to identify the hospital detour. • The fifth item on the agenda was a LionsHead Parking Structure RFP Update. Town Manager Stan Zemler said he would bring potential options for Timber Ridge to Council during the May 15 meeting. 'We are working to improve communication among the various groups... Sometimes a conference call just doesn't do it ... We need to make some significant progress in a relatively short amount of time." Zemler discussed potential parking options including the possibility of using the Ever Vail construction site. Representing the Vail Chamber and Business Association, Kaye Ferry said the Vail business community would not support redevelopment of the LionsHead parking structure without a West Vail parking structure in place. Representing the Vail Village Homeowners Association Jim Lamont suggested working out a business plan for the conference center (included in the proposed development) prior to approval of the project. The sixth item on the agenda was First Reading of Ordinance No. 11, Series of 2007, an ordinance amending Special Development District (SDD) No. 4, Cascade Village, to allow for a new development area located at Tract K, Glen Lyon Subdivision. Town Planner Bill Gibson explained that on April 9, 2007, the PEC held a public hearing on a request for a major amendment to SDD No. 4, Cascade Village, to allow for a new development area located at Tract K, Glen Lyon Subdivision. Upon review of the request, the PEC voted 7-0-0 to forward a recommendation of approval, with conditions, of the request to amend SDD No. 4, Cascade Village, to Council. These recommended conditions have been integrated into Ordinance No. 11, Series of 2007. Moffet clarified with the applicant's representative Jay • Peterson, that previous neighborhood concerns surrounding the ordinance had been quelled. Peterson answered yes. Representing the Vail Village Homeowners Association, Jim Lamont spoke in support of the ordinance. Moffet moved to approve the ordinance with • Newbury seconding. The motion passed unanimously, 5-0. Foley clarified the affected parcel was not zoned as Natural Area Preservation. The seventh item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail PEC's decision to uphold an administrative action determining that Condominium Unit E within the Covered Bridge Building is the "street level" of the building, located at 227 Bridge Street Lots C & D, and the southwesterly four feet of Lot B, Block 5-B, Vail Village First Filing. Acting Community Development Director George Ruther explained that on February 12, 2007, the Town of Vail Planning & Environmental Commission held a public meeting to hear an appeal of an administrative action determining that Condominium Unit E within the Covered Bridge Building is the "street level" of the building. Upon presentation of evidence and testimony, the PEC made eight findings of fact and voted unanimously to uphold the previous decision of the administrator. On April 3, 2007, Council granted a continuance of the public hearing on the appeal to the May 1, 2007, Town Council meeting at the request of the staff and the appellant. The Community Development Department recommended Council uphold the February 12, 2007, decision of the PEC, based upon the evidence and testimony presented and the eight findings of fact made by the PEC. Town Attorney Matt Mire acknowledged Council had visited the site earlier in the day. Representing the appellant, Paul Dunkelman argued the PEC changed the facts and modified the interpretation of Town Code to come to a predetermined decision. Newbury clarified Dunkelman referred to the unit as being on the first floor. Representing the Vail Village Homeowners Association, Jim Lamont spoke in support of the staff recommendation. Representing the Vail Chamber and Business Association, Kaye • Ferry spoke in support of the staff recommendation. Ruther established the zoning of the building regulated uses that could occur within it. Dunkelman stated, "You can't amend the code and just say you are interpreting them ... This is not about any other unit, business, or applicant." Moffet moved to uphold the PEC decision based upon the relevant findings provided by staff with Newbury seconding. The motion passed unanimously, 5-0. The eighth item on the agenda First reading of Ordinance No. 14, Series 2007. An Ordinance Amending Sections 5-1-7(H)(2)(d) Vail Town Code Regarding the Regulation of Amplified Sound for Commercial Purposes. Police Commander Steve Wright reported that during the Council meeting of April 17, 2007, the Council directed the staff to provide an ordinance amending the current town code section 5-1-7, extending the time periods for allowable outdoor entertainment. The Council asked to extend the time which amplified -sound equipment may be used for commercial purposes on Friday and Saturday nights from 10 p.m. to 11 p.m. Gordon clarified special events were not subject to this ordinance and were handled in a different manner. "I think this is a very reasonable compromise." Gordon moved to pass the ordinance with Foley seconding. Representing the Vail Chamber and Business Association, Kay Ferry spoke in support of the ordinance. She also encouraged further lengthening the allowed times. Representing the Vail Village Homeowners Association, Jim Lamont encouraged Council to maintain the status quo. He asked for more communication with affected lodging properties between first and second reading of the ordinance. The motion passed unanimously, 5-0. • The ninth item on the agenda was Second Reading of Ordinance No. 13, Series of 2007, an Ordinance making supplemental appropriations to the Town of Vail General • Fund, Capital Projects Fund, and Real Estate Transfer Tax Fund of the 2007 Budget for the Town Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein. Moffet moved to approve the ordinance with Newbury seconding. The motion passed unanimously, 5-0. • • The tenth item on the agenda was Adjournment. Moffet moved to adjourn with Newbury seconding at approximately 7:30 p.m. The motion passed unanimously, 5-0. ATTEST: Lore%i Donaldson, P 444k Town Clerk Minutes provided by Corey Swisher. Rodney E. Slifer, Mayor SEAL 4