HomeMy WebLinkAbout2007-08-21 Town Council MinutesVail Town Council Evening Meeting Minutes
Tuesday, August 21, 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
Mark Gordon
Kent Logan
Farrow Hitt, Mayor Pro-Tem
Kevin Foley
Not Present: Kim Newbury
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation.
Vail Recreation District Executive Director Mike Ortiz introduced Vail Golf Course
Superintendent Steve Sarro. Sarro was recently presented the Colorado Golf
Association Person of the Year Award. This honor was attributed to Sarro's efforts in
rebuilding golf courses damaged in Louisiana during Hurricane Katrina.
Vail Mountain Chief Operating Officer Bill Jensen announced Vail Resorts had agreed to
increase its financial contribution to the Seibert Circle fountain by $25,000, bringing the
company's total contribution to $225,000.
The second item on the agenda was the Town Manager's Report.
Vail 20/20 Update.
Town Manger Stan Zemler announced an update would be provided to Council on
September 4.
Loading & Delivery Update.
Zemler said the cumulative minutes of a recent loading and delivery meeting had been
distributed to Council and the public. "We will begin to present some thought-out options
in September."
Construction Update.
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Public Works Director Greg Hall reported a significant amount of construction would be
impacting Vail Road this fall. "We should have it overlaid by ski season." Paver repair
will occur on the west end of Meadow Drive after the Harvest Festival. Community
Development Director George Ruther explained life safety issues were being addressed
at the LionsHead Center building. The homeowners association was required to supply
adequate indoor and outdoor fire suppression and control measures.
The third item on the agenda was Resolution No. 19, Series of 2007, a resolution
submitting to the registered electors of the Town of Vail, Colorado, at a regular municipal
election held on November 6, 2007, a ballot issue concerning the adoption of a use tax
to finance capital projects and acquisitions.
Moffet moved to adopt the resolution and add the inclusion of a rebate or exemption on
materials used to construct workforce housing with Hitt seconding. Former Vail Mayor
Bob Armour spoke in support of the construction use tax. "The town needs a new
revenue source and new construction must help carry the load." Representing Vail
Resorts, Bob Stozek asked for more time to research the issue. Speaking as a resident,
Bill Jensen noted the community is benefiting from an array of public benefits associated
with new development and the Real Estate Transfer Tax (RETT) has been viewed
historically as a substitute for taxes on construction. Jensen suggested asking voters
instead to expand the use of RETT rather than create a new tax. Representing the
town's Economic Advisory Council, Rob LeVine spoke in support of the tax. "Diversity of
revenue streams is something I think we are all sensitive to ... At the very least, present it
to the voters, and let the voters decide." Town Attorney Matt Mire added a letter to the
record from the Vail Board of Realtors. The board objected to the use tax. Brian Gillette
said the tax would only increase the price of property in Vail and make housing less
affordable. Logan stated, "I think it (construction use tax) could be part of the solution,
but not the whole solution ... I'm glad we have raised the awareness that we have a
significant shortfall in our capital budget over the next several years ... I don't think the
timing could be worse for this (in regard to a national economic downturn) ... We need to
think of this as part of a package." Gordon said, "I think this is a great time to take a
chance and let the war of ideas come out. I am in favor of putting this construction use
tax on the ballot." Moffet stressed the only way to increase the amount of employee
housing in the town is through the use of the law. "This issue is not a complex tax, go to
Eagle, go to Gypsum." (Both communities utilize a construction use tax.) The motion
passed 4-2, with Logan and Foley opposed.
The fourth item on the agenda was Katsos Ranch Trail Improvements.
Landscape Architect Gregg Barrie asked Council to authorize the Town Manager to
enter into an agreement with B & B Excavating, Inc., in an amount not to exceed
$741,258.60 for the Katsos Ranch Trail Improvements Project. The Gore Valley Trail
through the Katsos Ranch open space was originally constructed by town crews in the
mid 1980s. Since then, only minor repairs have been made to the two mile long path.
Many sections are in disrepair due to unstable sub -grades, deteriorating pavement and
areas that tend to flood during spring runoff. The Katsos Ranch Trail improvements
project includes grading, drainage, and alignment work, as well as an asphalt paving
overlay along the full length of the path. The construction is scheduled to occur
September 4t' into November. Moffet moved to approve the request with Foley
seconding. Both gentlemen stressed that minimizing impact to pedestrian and cycling
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traffic should be paramount as the project is undertaken. The motion passed
unanimously, 6-0. Moffet then asked for periodic updates on construction progress.
The fifth item on the agenda was the Wren Association, is requesting permission to proceed
with an encroachment agreement with the Town of Vail to allow the construction of a portion
of a retaining wall on Town of Vail property.
Earlier in the day Council visited the site in order to assess the proposal. It is the desire of
the applicant to replace an existing retaining wall that encroaches onto the Town of Vail
owned unplatted Ford Park adjacent to The Wren. An encroachment agreement was not
formally obtained for the original retaining wall. The applicant has received design review
approval with the condition that it obtain an encroachment agreement with the Town of Vail.
The Community Development Department recommended Council approve the applicant's
request to proceed with an encroachment agreement. Moffet moved to approve the request
with Foley seconding. The motion passed unanimously, 6-0. Ruther ensured Council the
Community Development Department would do its best to protect the existing foliage. For
more information, contact Rachel Friede at 479-2440.
The sixth item on the agenda was a request for New Master Planning Process for
Chamonix and Wendy's Properties.
The Community Development Department Staff is requesting review of a draft Request
for Proposal (RFP), the purpose of which is to hire the services of a planning team
(Consultant) to work with the Town of Vail to develop a master plan and site plan
alternatives for the combined Chamonix and Wendy's properties (the "Chamonix Site)
Town Planner Scot Hunn reported in October 2002, the town acquired a 3.6 acre parcel of
land (the "Chamonix" property) in West Vail for $2.6 million. In 2004, the town engaged in
master planning of this site to identify uses and alternative site designs for a fire station as
well as employee housing as primary uses. A master plan for this site was adopted via
Ordinance No. 17, Series 2005. No further action has been taken relative to development of
this site. However, the town has recently entered into a contract to purchase the adjacent
1.25 acre "Wendy's" property, which is believed to be a better location for a fire station (and
additional/potential co -uses), further preserving the majority of the adjacent Chamonix site
for residential (workforce housing) and other potential mixed development. The proposed
RFP represents the first step in an effort by staff to commence master planning of the
combined Chamonix site. Hunn clarified the proposed timetable was fairly aggressive,
starting with the award of contract in early October, 2007, and terminating with a preferred
master plan and site design in March, 2008. Ruther then made clear the potential for
employee housing to co -exist with a fire station would be possible. Hunn stated that Staff
believed that a new master plan process, to include the combined Chamonix Site, would
allow the Town and citizens to identify any new ideas or concerns with regard to layout and
design of the project; that Staff is recommending a "fresh" approach to master planning the
combined site while respecting and taking into consideration previous master planning
efforts and neighborhood input. Moffet moved to approve the request with Gordon
seconding. Gordon said this is a great opportunity for a green, mixed -used development. "I
think we need some fresh ideas with an integrated approach." Hunn stated $27,000 was
remaining from FY 2007 budget monies for West Vail master planning and that $100,000
had been budgeted for FY 2008 for continued strategic planning projects, including those in
West Vail. The motion passed 5-1, with Hitt opposed.
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The seventh item on the agenda was the First Reading of Ordinance No. 24, Series of
2007 an ordinance making supplemental appropriations to the Town of Vail General
Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, and Health Insurance Fund
of the 2007 Budget for the Town of Vail, Colorado: and authorizing the expenditures of
said appropriations as set forth herein.
Moffet moved to adopt the ordinance with Gordon seconding. The motion passed 5-1,
with Foley opposed.
The seventh item on the agenda was the First reading of Ordinance No. 25, Series of
2007, an ordinance amending Sections 12-613-2, 12-6B-3, 12-6C-2, 12-6C-3, 12-6D-2,
12-6D-3, 12-13-4, Vail Town Code, to change Type II Employee Housing Units from a
conditional use to a permitted use in the Single -Family Residential (SFR), Two -Family
Residential (R), and Two -Family Primary/Secondary Residential (PS) districts.
On August 13, 2007, the PEC forwarded a recommendation of approval for the proposed
amendments by a vote of 6-0-O.The Community Development Department recommends
that the Vail Town Council approves Ordinance No. 25, Series of 2007, on first reading.
There have not been any negative or non -intended uses. An applicant can build a third
dwelling unit on a parcel as long as it is deed restricted. Hitt clarified the unit must be
attached. Moffet moved to adopt the ordinance with Foley seconding. The motion
passed unanimously, 6-0.
The eighth item on the agenda was the First reading of Ordinance No. 26, Series of
2007, an ordinance approving the sale of the deed restricted property in the Town of
Vail legally described as Vail Heights Condominium Unit # 11, Eagle County, Colorado
with a physical address of 2079 Chamonix Lane, Vail, Colorado.
Town Attorney Matt Mire explained that on May 29, 2007, the town bought Vail Heights
Unit #11 for $280,000. It is a one -bedroom, one -bathroom unit in West Vail. The purpose
of purchasing the unit was to add inventory to the town's housing stock for its employees.
The town will sell the unit to a mechanic in the town's Public Works Department at the
end of August, 2007, at a deed restricted price of $174,500. Moffet moved to adopt the
ordinance with Foley seconding. During a pause for public comment, Kaye Ferry said she
believed all employees within the town should be eligible for such housing. Stephen
Connolly spoke in support of the ordinance. The motion passed unanimously, 6-0.
The ninth item on the agenda was the First Reading of Ordinance No. 18, Series of 2007,
an ordinance amending the prescribed zoning regulations, pursuant to Section 12-3-7,
Amendment, Vail Town Code, to allow for modifications to Section 12-6A-9, Site
Coverage, Vail Town Code (Hillside Residential District), to increase allowable site
coverage from 15% to 20%.
On June 11, 2007, the PEC held a public hearing on the request to amend the
prescribed zoning regulations for the Hillside Residential District to increase allowable
site coverage from 15% to 20%. Upon consideration of the request, the Commission
approved a motion recommending approval of the text amendment to the Vail Town
Council by a vote of 5-1-1(Cleveland opposed, Gunion recused). On July 17, 2007, the
Town Council unanimously tabled this item after providing feedback. Dave Kasak with
Zehren and Associates asked for a modest increase of Gross Residential Floor Area and
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site coverage. Logan moved to approve the ordinance with Hitt seconding. The motion
failed 4-2, with Logan and Slifer voting for the ordinance.
The tenth item on the agenda was Adjournment.
Moffet moved to adjourn with Foley seconding at approximately 7:45 p.m. The motion
passed unanimously, 6-0.
ATTEST:
Lorelei Donaldson,
Town Clerk
Minutes provided by Corey Swisher.
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Rodney E. Slifer, Mayor