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Home My WebLink About2007-09-04 Town Council MinutesVail Town Council Evening Meeting Minutes Tuesday, September 4, 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 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. There was none. The second item on the agenda was the Consent Agenda. Approval of 08.07.07 and 08.21.07 Council Minutes. Moffet moved to approve the minutes with Gordon seconding. The motion passed unanimously, 7-0. The third item on the agenda was the Town Manager's Report. • Amplified Sound Ordinance Update. Police Chief Dwight Henninger reported since the noise ordinance was amended on May 15, 2007, the Vail Police Department has had six noise complaints. Henninger also took the opportunity to present Councilman Mark Gordon with an emergency preparedness "B. Ready" journal as part of a statewide awareness campaign. • Revenue Update. Finance Director Judy Camp reported sales tax collections for the month of July are expected to be $1.3 million, flat with July, 2006. Year-to-date collections of $12.6 million through July, however, continue to exceed last year's year-to-date by 6.7%. For comparison, inflation as measured by the consumer price index, was up 2.4% in July compared with the prior year. Construction permit revenue, which can be considered an indicator of redevelopment activity, continues its strong trend with year-to-date construction permit fees of $2.1 million, up 70% from the same period last year. Year-to- date permit fees include $1.5 million from major construction projects: the Arrabelle at Vail Square, Cascade Residences, Forest Place, Four Seasons, Lodge Tower, Lodge at LionsHead, Manor Vail, Mountain View (formerly Apollo Park), Ritz Carlton, Solaris, Vail Plaza Hotel, Westhaven Condominiums, and the Willows. Major projects were up approximately $685,000 or 81% over last year while non -major projects were up $200,000 or 41 %. Construction permit fees include building, electrical, mechanical, plumbing and sprinkler permits. Year-to-date RETT collections through August 27, 2007, total $4.1 million compared with $3.8 million for the same time period last year, an 8% increase. Major redevelopment projects including Forest Place, Gore Creek Place, Manor Vail and One Willow Bridge Road contributed $828,026 or 20% of the total in 2007 while only $464,500 or 12% of the total in 2006 consisted of major redevelopment projects. • LionsHead Parking Structure Update. Zemler reported work on an agreement to redevelop the structure had been taking place and he hoped to have a new draft agreement ready to release to the public later in the week, to be followed by a community meeting on September 10. 0 Construction Update. Public Works Director Greg Hall reported work would soon begin on the Gore Creek Whitewater Park improvements and Seibert Circle fountain. Construction will also be taking place on the streamwalk between Vail Village and Ford Park as well as the Katsos Ranch and Vail Cascade recreation path. "Solaris contractors are in the process of obtaining permits to do storm sewer work ... There will also be significant work taking place on the LionsHead streetscape ... There will also be lots of flagging and construction staging throughout the town." Logan asked what the condition of the Vista Bahn ski yard would be when ski season began. Hall responded the area will be cleared and snowmaking will allow for a pleasant atmosphere. He then clarified Seibert Circle should be finished by mid -November. Addressing the 2008 1-70 repaving and glare screen project, Hall announced the paving work would begin after Labor Day and the glare screen work would be done at night. Community Development Director George Ruther stated his department continued to plan for an abundance of Temporary Certificate of Occupancy (TCO) requests (increased inspections) prior to the holiday season. He then noted the Vail Plaza hotel should be opening "very shortly." • Economic Vitality Study. Economic Development Manager Kelli McDonald asked Council to approval a request for an economic vitality study, which would include a background analysis and evaluation of Vail's current retail offerings, benchmark other resorts, analyze retail trends, and evaluate the region's competitive influences. Representing the Vail Chamber and Business Association, Kaye Ferry spoke in support of the retail study but she didn't think people would pay attention to the results. "It's not necessary and the wrong way to go." Representing the Vail Village Homeowners Association, Jim Lamont said the study should expand to be more global. Moffet and Newberry expressed concern the study was only repeating prior studies. Council agreed to not pursue the study. `r The fourth item on the agenda was the Vail 20/20 Strategic Plan Update- Public Input and Publication Options. Planner Rachel Friede reported that on August 7, 2007, staff presented Council with a draft of the Vail 20/20 Strategic Plan. Staff then held a public open house on August 16, 2007 at Donovan Pavilion, and has been collecting public input via email and the town website. Additionally, staff has been working with Visible Strategies to explore the possibility of a web -based publication for the plan, in addition to creating a printed brochure that summarizes the outcomes of the plan. Visible Strategies has created a test website for the publication that was presented to the Town Council. Friede then presented a "walk-through" of the beta version of the site. Council spoke highly of the product. Friede clarified the cost of maintaining the site would be approximately $1,000 per month. Zemler said this tool would allow for a reduction in printed material. The fifth item on the agenda was the First reading of Ordinance 27, Series of 2007, an ordinance amending Chapter 14-2, Definitions, Vail Town Code, to provide definitions for terms of art, and to Chapter 14-6, Grading Standards, Vail Town Code, for proposed changes to the grading standards. On August 27, 2007, the PEC unanimously forwarded a recommendation of approval to the Vail Town Council for the proposed text amendments identified in Ordinance No. 27, Series of 2007. Moffet moved to approve with Hitt seconding. Foley clarified foliage requirements would be maintained and staff would only recommend the minimum amount of site disturbance. "Trees come out only if it is absolutely necessary for trees to come out." The motion passed unanimously, 7-0. The sixth item on the agenda was the First reading of Ordinance 28, Series of 2007, an ordinance amending Chapter 12-21, Hazard Regulations, Vail Town Code, in order to comply with FEMA floodplain regulations, and Title 14, Development Standards Handbook, Vail Town Code, for clarifications to driveway and parking standards. On August 27, 2007, the PEC unanimously forwarded a recommendation of approval with modifications to the Vail Town Council for the proposed text amendments identified in Ordinance No. 28, Series of 2007. The changes make the town come into compliance with FEMA standards. Moffet moved to adopt the ordinance with Newbury seconding. The motion passed unanimously, 7-0. The seventh item on the agenda was the Second 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. Budget and Financial Reporting Manager Kathleen Halloran reported the only change between the first and second reading was the addition of an increased contribution of $25,000 to the Seibert Circle project by Vail Resorts. Moffet moved to adopt the ordinance with Gordon seconding. The motion passed 5-2, with Foley and Newbury opposed. The eighth item on the agenda was the Second reading of Ordinance No. 25, Series of 2007, an ordinance amending Sections 12-6B-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 11 Employee Housing Units from a conditional use to a permitted use in the Single -Family Residential (SFR), Two -Family �W 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 6-0-0. On August 21, 2007, the Vail Town Council approved the first reading of Ordinance No. 25, Series of 2007, by a vote of 6-0-0. Moffet moved to approve the ordinance with Hitt seconding. The motion passed unanimously, 7-0. The ninth item on the agenda was the Sale of 2079 Chamonix Lane # 11 and 4011 Bighorn Road # 6-H to Town of Vail employees. The Town of Vail, as an employer, recognizes that recruiting and retaining employees is becoming more challenging. A key benefit to recruit and retain employees is housing. The Town of Vail provides certain municipal services that are critical to the overall functionality of the entire town and if there is not adequate housing the town will not be able to provide critical municipal services. As stated in the minutes of the May 15, 2007, Town Council Meeting, Town Council unanimously agreed to purchase 2079 Chamonix Lane # 11 and 4011 Bighorn Road # 6-H so "the unit(s) be included in the Town's employee housing stock." The units have been designated for "critical employees" who include: Firefighters, Police Officers, Dispatchers, Mechanics, Plow Operators, Building Maintenance Specialists, and Public Safety Systems Engineers. Two administrative actions were requested of Town Council: 1. A motion directing the Town Manager to amend the Town of Vail Master Deed Restriction for the two units mentioned above only. To require the listing of the unit upon no longer being employed by the Town of Vail in a form approved by the Town Attorney. As proposed, the amendment will require an owner of one of the above units to list the unit for sale with the Town of Vail within a specific period of time based on their length of employment with the Town of Vail and their length of ownership of the deed restricted unit. More specifically, as proposed, the subject owner would be required to list the unit in a time period equaling no greater than thirty (30) days for every year the owner has owned the unit and has been employed with the Town. Moffet moved to approve the first request of Item #10, Evening Session Meeting of the Vail Town Council on September 4, 2007, with Logan seconding. Kaye Ferry asked for clarification on the amount of time the employee could remain in a unit if he/she was not employed by the town. Mire responded, "The individual would be able to remain in the unit one month for every year employed by the town." The motion passed unanimously, 7-0. A motion directing town staff to develop a policy for housing employees of the town of Vail. Staff recommends maintaining two separate employee housing programs. The Town of Vail, as an employer, needs an employee housing program and the Town of Vail, as a government, needs a community wide employee housing plan. Recognizing that these two programs will be funded from the same pool of funds it will be important to fund each program separately. Moffet moved to approve the second request of Item #10, Evening Session Meeting of the Vail Town Council on September 4, 2007 with Logan seconding. `f The tenth item on the agenda was the Second 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. On May 29, 2007, the Town of Vail bought Vail Heights Unit #11 for $280,000. The unit 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. This ordinance authorized a critical town employee to purchase the unit. Moffet moved to adopt the ordinance with Newbury seconding. The motion passed unanimously, 7-0. The eleventh item on the agenda was Adjournment. Moffet moved to adjourn with Newbury seconding at approximately 7:02 p.m. The motion passed unanimously, 7-0. ATTEST: L relei Donaldson, Town Clerk Minutes provided by Corey Swisher. i Rodney E. Slifer, Mayor Vail Town Council Evening Meeting Minutes Tuesday, September 4, 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 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. There was none. The second item on the agenda was the Consent Agenda. • Approval of 08.07.07 and 08.21.07 Council Minutes. Moffet moved to approve the minutes with Gordon seconding. The motion passed unanimously, 7-0. The third item on the agenda was the Town Manager's Report. • Amplified Sound Ordinance Update. Police Chief Dwight Henninger reported since the noise ordinance was amended on May 15, 2007, the Vail Police Department has had six noise complaints. Henninger also took the opportunity to present Councilman Mark Gordon with an emergency preparedness "B. Ready"journal as part of a statewide awareness campaign. • Revenue Update. Finance Director Judy Camp reported sales tax collections for the month of July are expected to be $1.3 million, flat with July, 2006. Year-to-date collections of $12.6 million through July, however, continue to exceed last year's year-to-date by 6.7%. For comparison, inflation as measured by the consumer price index, was up 2.4% in July compared with the prior year. Construction permit revenue, which can be considered an indicator of redevelopment activity, continues its strong trend with year-to-date construction permit fees of $2.1 million, up 70% from the same period last year. Year-to- date permit fees include $1.5 million from major construction projects: the Arrabelle at Vail Square, Cascade Residences, Forest Place, Four Seasons, Lodge Tower, Lodge at LionsHead, Manor Vail, Mountain View (formerly Apollo Park), Ritz Carlton, Solaris, Vail Plaza Hotel, Westhaven Condominiums, and the Willows. Major projects were up approximately $685,000 or 81% over last year while non -major projects were up $200,000 or 41%. Construction permit fees include building, electrical, mechanical, plumbing and sprinkler permits. Year-to-date RETT collections through August 27, 2007, total $4.1 million compared with $3.8 million for the same time period last year, an 8% increase. Major redevelopment projects including Forest Place, Gore Creek Place, Manor Vail and One Willow Bridge Road contributed $828,026 or 20% of the total in 2007 while only $464,500 or 12% of the total in 2006 consisted of major redevelopment projects. • LionsHead Parking Structure Update. Zemler reported work on an agreement to redevelop the structure had been taking place and he hoped to have a new draft agreement ready to release to the public later in the week, to be followed by a community meeting on September 10. • Construction Update. Public Works Director Greg Hall reported work would soon begin on the Gore Creek Whitewater Park improvements and Seibert Circle fountain. Construction will also be taking place on the streamwalk between Vail Village and Ford Park as well as the Katsos Ranch and Vail Cascade recreation path. "Solaris contractors are in the process of obtaining permits to do storm sewer work ... There will also be significant work taking place on the LionsHead streetscape... There will also be lots of flagging and construction staging throughout the town." Logan asked what the condition of the Vista Bahn ski yard would be when ski season began. Hall responded the area will be cleared and snowmaking will allow for a pleasant atmosphere. He then clarified Seibert Circle should be finished by mid -November. Addressing the 2008 1-70 repaving and glare screen project, Hall announced the paving work would begin after Labor Day and the glare screen work would be done at night. Community Development Director George Ruther stated his department continued to plan for an abundance of Temporary Certificate of Occupancy (TCO) requests (increased inspections) prior to the holiday season. He then noted the Vail Plaza hotel should be opening "very shortly." Economic Vitality Study. Economic Development Manager Kelli McDonald asked Council to approval a request for an economic vitality study, which would include a background analysis and evaluation of Vail's current retail offerings, benchmark other resorts, analyze retail trends, and evaluate the region's competitive influences. Representing the Vail Chamber and Business Association, Kaye Ferry spoke in support of the retail study but she didn't think people would pay attention to the results. "It's not necessary and the wrong way to go." Representing the Vail Village Homeowners Association, Jim Lamont said the study should expand to be more global. Moffet and Newberry expressed concern the study was only repeating prior studies. Council agreed to not pursue the study. 2 The fourth item on the agenda was the Vail 20/20 Strategic Plan Update- Public Input and Publication Options. kPlanner Rachel Friede reported that on August 7, 2007, staff presented Council with a draft of the Vail 20/20 Strategic Plan. Staff then held a public open house on August 16, 2007 at Donovan Pavilion, and has been collecting public input via email and the town website. Additionally, staff has been working with Visible Strategies to explore the possibility of a web -based publication for the plan, in addition to creating a printed brochure that summarizes the outcomes of the plan. Visible Strategies has created a test website for the publication that was presented to the Town Council. Friede then presented a "walk-through" of the beta version of the site. Council spoke highly of the product. Friede clarified the cost of maintaining the site would be approximately $1,000 per month. Zemler said this tool would allow for a reduction in printed material. The fifth item on the agenda was the First reading of Ordinance 27, Series of 2007, an ordinance amending Chapter 14-2, Definitions, Vail Town Code, to provide definitions for terms of art, and to Chapter 14-6, Grading Standards, Vail Town Code, for proposed changes to the grading standards. On August 27, 2007, the PEC unanimously forwarded a recommendation of approval to the Vail Town Council for the proposed text amendments identified in Ordinance No. 27, Series of 2007. Moffet moved to approve with Hitt seconding. Foley clarified foliage requirements would be maintained and staff would only recommend the minimum amount of site disturbance. `Trees come out only if it is absolutely necessary for trees to come out." The motion passed unanimously, 7-0. The sixth item on the agenda was the First reading of Ordinance 28, Series of 2007, an ordinance amending Chapter 12-21, Hazard Regulations, Vail Town Code, in order to comply with FEMA floodplain regulations, and Title 14, Development Standards Handbook, Vail Town Code, for clarifications to driveway and parking standards. On August 27, 2007, the PEC unanimously forwarded a recommendation of approval with modifications to the Vail Town Council for the proposed text amendments identified in Ordinance No. 28, Series of 2007. The changes make the town come into compliance with FEMA standards. Moffet moved to adopt the ordinance with Newbury seconding. The motion passed unanimously, 7-0. The seventh item on the agenda was the Second 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. Budget and Financial Reporting Manager Kathleen Halloran reported the only change between the first and second reading was the addition of an increased contribution of $25,000 to the Seibert Circle project by Vail Resorts. Moffet moved to adopt the ordinance with Gordon seconding. The motion passed 5-2, with Foley and Newbury opposed. The eighth item on the agenda was the Second reading of Ordinance No. 25, Series of 2007, an ordinance amending Sections 12-66-2, 12-613-3, 12-6C-2, 12-6C-3, 12-6D-2, 12- 6D-3, 12-13-4, Vail Town Code, to change Type 11 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 6-0-0. On August 21, 2007, the Vail Town Council approved the first reading of Ordinance No. 25, Series of 2007, by a vote of 6-0-0. Moffet moved to approve the ordinance with Hitt seconding. The motion passed unanimously, 7-0. The ninth item on the agenda was the Sale of 2079 Chamonix Lane # 11 and 4011 Bighorn Road # 6-H to Town of Vail employees. The Town of Vail, as an employer, recognizes that recruiting and retaining employees is becoming more challenging. A key benefit to recruit and retain employees is housing. The Town of Vail provides certain municipal services that are critical to the overall functionality of the entire town and if there is not adequate housing the town will not be able to provide critical municipal services. As stated in the minutes of the May 15, 2007, Town Council Meeting, Town Council unanimously agreed to purchase 2079 Chamonix Lane # 11 and 4011 Bighorn Road # 6-H so "the unit(s) be included in the Town's employee housing stock." The units have been designated for "critical employees" who include: Firefighters, Police Officers, Dispatchers, Mechanics, Plow Operators, Building Maintenance Specialists, and Public Safety Systems Engineers. Two administrative actions were requested of Town Council: 1. A motion directing the Town Manager to amend the Town of Vail Master Deed Restriction for the two units mentioned above only. To require the listing of the unit upon no longer being employed by the Town of Vail in a form approved by the Town Attorney. As proposed, the amendment will require an owner of one of the above units to list the unit for sale with the Town of Vail within a specific period of time based on their length of employment with the Town of Vail and their length of ownership of the deed restricted unit. More specifically, as proposed, the subject owner would be required to list the unit in a time period equaling no greater than thirty (30) days for every year the owner has owned the unit and has been employed with the Town. Moffet moved to approve the first request of Item #10, Evening Session Meeting of the Vail Town Council on September 4, 2007, with Logan seconding. Kaye Ferry asked for clarification on the amount of time the employee could remain in a unit if he/she was not employed by the town. Mire responded, `The individual would be able to remain in the unit one month for every year employed by the town." The motion passed unanimously, 7-0. 2. A motion directing town staff to develop a policy for housing employees of the town of Vail. Staff recommends maintaining two separate employee housing programs. The Town of Vail, as an employer, needs an employee housing program and the Town of Vail, as a government, needs a community wide employee housing plan. Recognizing that these two programs will be funded from the same pool of funds it will be important to fund each program separately. Moffet moved to approve the second request of Item #10, Evening Session Meeting of the Vail Town Council on September 4, 2007 with Logan seconding. The tenth item on the agenda was the Second reading of Ordinance No. 26, Series of 2007, an ordinance approving the sale of the deed restricted property in the Town of Vail legally kw described as Vail Heights Condominium Unit # 11, Eagle County, Colorado with a physical address of 2079 Chamonix Lane, Vail, Colorado. On May 29, 2007, the Town of Vail bought Vail Heights Unit #11 for $280,000. The unit 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. This ordinance authorized a critical town employee to purchase the unit. Moffet moved to adopt the ordinance with Newbury seconding. The motion passed unanimously, 7-0. The eleventh item on the agenda was Adjournment. Moffet moved to adjourn with Newbury seconding at approximately 7:02 p.m. The motion passed unanimously, 7-0. ,`O� N •OF•L,9`0 • SEAL ATTEST: cot ORA�O L elei Donaldson, Town Clerk Minutes provided by Corey Swisher. Rodney E. Slifer, Mayor