HomeMy WebLinkAbout2007-11-20 Town Council MinutesVail Town Council Evening Meeting Minutes
Tuesday, November 20, 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: Dick Cleveland, Mayor
Margaret Rogers
Mark Gordon
Andy Daly, Mayor Pro-Tem
Kevin Foley
Kim Newbury
Farrow Hitt
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 Town Manager's Report.
• Construction Update.
Public Works Director Greg Hall reported construction is winding down. Good
weather has allowed progress on all projects. Hall explained work on Seibert Circle
art feature is continuing with completion scheduled in December. Hitt thanked Hall
for facilitating additional streetscape in LionsHead. He said the merchants were
appreciative.
• Water Quantity/Quality (QQ) Update.
Staff spoke with Chuck Ogilby who said he had an upcoming water quality meeting
and preferred to report back to Council after that meeting.
The third item on the agenda Iron Casting Workshop and Events.
Council approved a request 7-0 by Art in Public Places (AIPP) Coordinator Leslie
Fordham for funding to host an Iron Casting Performance in Vail in January 2008,
following approvals made by the AIPP board. During the discussion, Fordham explained
that nearly 20 artists and a total of 55 participants would take part in a 5,000 year old
process of iron casting works. This would include heating metal in cauldrons and then
pouring it into molds made by community members. The event would take place for
three evenings, Jan. 18-20 near the International Bridge. In addition to the three evening
performances, the artists will conduct workshops with community members as well as
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work with Vail schools. Artwork produced at the event would then be on display at the
Vail Library. Fordham said both the Vail Fire Department and the town's Human
1�w Resource director have given approval regarding risk and safety of the event. The total
cost of the event is $40,185 and would include workshops, materials, event production,
advertising, brochures, video and still photographic documentation. Town Attorney Matt
Mire clarified the artists would be required to carry adequate liability insurance. Hitt
moved to approve the project with Rogers seconding.
The fourth item on the agenda was a discussion of the Willows Public Art Obligation.
Council approved 7-0 a proposal by AIPP Coordinator Leslie Fordham to allow the
Willow's public art condition to be used for an art festival versus standing art pieces.
AIPP's proposal included a $50,000 standing obligation of the Willow's redevelopment,
also known as Triumph Development, plus an additional $50,000 donation from Triumph
for an annual art event. Fordham said the event, which would be called Triumph
Winterfest, would use ice, snow, illumination and wind components in areas near the
Gore Creek Promenade. Fordham said, in addition to the $50,000 obligation and the
donation of another $50,000 by Triumph, Winterfest could be a five year event lasting
through Vail's 50th anniversary in 2012. Fordham said the AIPP board envisions the
event growing in size and reputation each year and with additional sponsors it would be
a successful program. Following approval by Council, the first Triumph Winterfest is
scheduled to begin Jan. 8, 2008. The event will feature ice sculptures, with an
environmental theme, designed by artist Lawrence Argent, who is known for his Big Blue
Bear at the Denver Convention Center. Hitt moved to approve the project with Gordon
seconding.
The fifth item on the agenda was Council Committee Appointments.
Council voted unanimously to approve the following committee appointments.
COMMITTEE/TASK FORCE
1. NWCCOG
2. NWCCOG Water Quality/
Quantity Committee
3. CAST
4. VRD/Council Subcommittee
5. Commission on Special Events
6. Bravo! Vail Valley Music Festival
COUNCIL MEMBERS
Dick Cleveland - Voting
Staff: Stan Zemler - alternate
To Be Determined
Dick Cleveland - Voting
Staff: Stan Zemler
Mark Gordon
Andy Daly
Staff: Stan Zemler
Staff: Pam Brandmeyer
Staff: Kelli McDonald
Staff: Pam Brandmeyer
Margaret Rogers - Voting
Staff: Pam Brandmeyer
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7. Town of Vail Housing Authority
8. Channel 5 Vail Valley Community
Television Board
9. Art In Public Places
10. Mauri Nottingham Environmental
Award
11. Vail Valley Exchange/Sister Cities
12. Eagle County Regional Transportation
Authority
(more)
Town of Vail Add 4/ Nov. 20 Highlights
Kim Newbury — Voting
Representing community -at -large
Mark Gordon - Voting
Staff: Pam Brandmeyer,
Voting/ Community Member
Margaret Rogers — Non -Voting
Farrow Hitt - Voting
Kim Newbury - Voting
Kevin Foley
Staff: Mike Rose - Alternate
13.
Ford Park Parking Management Plan
Staff: Pam Brandmeyer
14.
TOV Open Space/Charter Committee
Mark Gordon - Voting
Stan Zemler — Voting
David Viele / PEC - Voting
15.
Colorado Ski Museum and Ski Hall of Fame Dwight Henninger — Advisory
16.
Vail Youth Recognition Award
Kim Newbury - Voting
17.
Vail Alpine Garden Foundation Board
Staff: Pam Brandmeyer
18.
19.
20.
21.
22.
23.
Vail Local Marketing District Advisory Council Mark Gordon - Voting
Farrow Hitt- Alternate
Parking Task Force Kevin Foley - Voting
Farrow Hitt -Voting
Vail Child Care Center
Rural Resort Region
Kim Newbury
Staff: John Power
Dick Cleveland
Andy Daly- Alternate
Staff: Stan Zemler
Donovan Park Pavilion Diana Donovan
Staff: Pam Brandmeyer
Timber Ridge Affordable Housing Corporation ("TRAHC")
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25.
26.
27.
28.
29.
30.
31.
Visitor Center Sub -Committee
Eagle County Blue Ribbon
Working Housing Committee
Town Manager, President
Community Development Director
Public Works Director
Facility Maintenance Manager
Finance Director
Kim Newbury
Farrow Hitt
Staff: Stan Zemler
Staff: Suzanne Silverthorn
Staff: Krista Miller
Mark Gordon
Eagle County Blue Ribbon Housing Margaret Rogers
Committee Technical Advisory Committee
Eagle County Citizens Open Space
Advisory Committee
Vail Economic Advisory Council
Chamonix Parcel Planning Committee
Rocky Mountain Rail Authority
1-70 Transportation Corridor Coalition
Greg Moffet
Mark Gordon
Dick Cleveland
Margaret Rogers
Andy Daly
Staff: Stan Zemler
Staff: Greg Hall
Staff: Stan Zemler
Staff: Greg Hall
Farrow Hitt
Newbury moved to appoint staff, Council and community members listed on a provided
committee/task force document provided by Pam Brandmeyer, dated November 20,
2007 with Daly seconding.
The sixth item on the agenda was the first reading of Ordinance No. 32, Series of 2007,
an Ordinance to enact prescribed regulation amendments to Title 11, Sign Regulations,
and Title 12, Zoning Regulations, Vail Town Code, to allow for amendments to
regulations pertaining to outdoor display, sales signs, menu boards.
Council voted 7-0 to approve modifications to the town's sign code as it relates to
seasonal promotional signage, menu/ specials boards and lease options for displays on
public and private property. Town Planner Rachel Friede explained the modifications
had been reviewed and recommended for approval by the Vail Economic Advisory
Council (VEAC) and Planning and Environmental Commission (PEC). The Council
approved text modifications as follows:
• Menu boxes will be limited to two menu boxes of up to 6 sq. ft. and one specials
board of up to 3 sq. ft. per business frontage with a public entrance. This has
changed from allowing one menu box of up to 6 sq. ft.
• Unlimited number of sales signs for up to 3 sq. ft of signage. Prior, businesses
were allowed one sale sign of up to 1.5 sq. ft. with a special provision for
additional signage during the winter.
• Outdoor displays on public right-of-ways will be leased via a new leasing program
to be created by the town. The leasing will be reviewed by Council during an
upcoming meeting. Prior, outdoor displays were allowed in commercial and
business districts on a business' own property, without regulation.
Hitt clarified the allowed square footage of displays is measured from the outside edge
to the outside edge of the display case. Rogers verified there was no time limit on the
amount of time a sale sign could be displayed. Newbury moved to direct staff to
proceed and develop a public signage leasing program and limit the number of menu
boxes to one equaling a maximum of six square feet with Rogers seconding.
The seventh item on the agenda was the first reading of Ordinance No. 34, Series of
2007, an ordinance amending the Official Zoning Map for the Town of Vail in accordance
with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lot 8B, Block 2, Vail
Potato Patch, from High Density Multiple Family (HDMF) District to Housing (H) District
Council voted unanimously to approve a request to amend the town's official zoning map
to a Housing (H) District on Lot8B, Block 2, Vail Potato Patch. Town Planner Scot Hunn
explained the rezoning would allow the property owner to build 63 new, deed restricted
employee housing units. Hunn said the PEC recommended approval for the rezoning at
k, its Oct. 8 public hearing. The H District zoning was created five years ago and currently
only applies to Middle Creek and Timber Ridge. Representing the Vail Village
Homeowner's Association, Jim Lamont questioned the lack of master planning on H
District parcels and encouraged Council to follow design standards as projects are
approved. Cleveland thanked the applicant for his efforts to provide non -required
employee housing. Newbury moved to approve the project with Gordon seconding.
The eighth item on the agenda was the first reading of Ordinance No. 35, Series of 2007,
an ordinance amending Sections 12-61-3, Conditional Uses, and 12-16-7, Use Specific
Criteria and Standards, Vail Town Code, to add "Professional Offices and Business
Offices" to the list of allowable conditional uses in the Housing (H) District.
Council voted 7-0 to approve a text amendment to the town code to allow 15 percent of
the total square footage of an H District project to be professional and business offices.
This follows a recommendation by the PEC at its Oct. 8 public hearing. Community
Development Director George Ruther clarified the background rationale for allowing 15
percent is determined when the housing square feet totals are completed. Community
member Tom Steinberg questioned whether adequate parking would be able to exist on
the site with the inclusion of business offices. Newbury moved to approve the ordinance
with Daly seconding.
The ninth item on the agenda was the first Reading of Mil Levy Certification, Ordinance
No. 36, Series of 2007.
Council voted 4-3 (Daly, Cleveland, Hitt opposed) to approve certification of the town's
kw 4.742 Mil Levy for 2008 to Eagle County. Finance Director Judy Camp explained the mil
levy assessments must be certified to Eagle County for annual collection. Daly
questioned why property tax revenue would increase a projected 53 percent in 2008.
Camp explained the increase is unusual and is being attributed to new projects being
completed. Camp also explained that Town of Vail residents are taxed a total of 49.625
mils with the town's mil at less than ten percent of this at 4.69 percent. Daly motioned to
lower the mil levy to reduce the property tax generated revenue by $300,000 with Hitt
seconding. The motioned failed 3-4 (Newbury, Gordon, Rogers and Foley opposed).
Newbury, Gordon and Rogers spoke in opposition to the motion explaining the town
recently passed the construction use tax to compensate for a projected capital
improvement shortfall and the reduction in the mil levy would be inconsistent to the
voters. Hitt said he believed the construction use tax would remedy the shortfall
subsequently justifying a mil levy reduction. Newbury moved to pass the ordinance as
read with Gordon seconding.
The tenth item on the agenda was a discussion of Draft Ordinance No. 37, an ordinance
adopting a use tax on building and construction materials; amending Title 2, Revenue
and Finance, Vail Town code with the addition of Chapter 8 "Use Tax on Building and
Construction Materials.
Council discussed implementation of the four percent construction use tax on building
and construction materials consumed or used in the town, approved by voters Nov. 6.
Proceeds of the tax are to be used exclusively for capital acquisitions and capital
projects in the town. Finance Director Judy Camp explained Colorado's provisions
required for implementation include:
• Construction materials can not be taxed twice and no double taxation (two
jurisdictions taxing the same product) could occur.
• Cannot tax on materials, which have been committed by contract.
• Non -profits and government entities are exempt from the tax.
During the discussion, Town Attorney Matt Mire asked Council four questions specific to
implementation of the tax to be considered during first reading of the ordinance.
1) When will the tax be collected? Camp explained most municipalities collect the tax
with building permit fees.
2) Considering projects estimate their value at 50 percent materials and 50 percent
labor, shall the tax be considered at 50 percent of the total valued building permit? Mire
explained most municipalities collect at 50 percent of the total project valuation.
3) Shall deed restricted housing being exempt? Newbury had questions on how this
would be considered and whether to exempt employee housing when it is required for
development, versus employee housing that goes over the requirements of a
development. Community member Bob Armour encouraged council to exempt employee
housing as a means to encourage the community to build more. Tom Steinberg
emphasized there would be opportunities for someone to avoid the tax if purchased in
another community.
4) Other exemptions such as small projects that could include lower priced remodels and
projects applications approved prior to Jan. 1, 2008. Council agreed during discussions
to exempt the first $10,000 of any project's valuation. Council also agreed to exempt
projects that have approved development applications by Jan. 1, 2008.
Mire encouraged Council to be consistent when deciding exemptions as any increase in
kw revenue based on a change in policy would lead into Tax Payer Bill of Rights (TABOR)
issues. Mire said a public hearing for approval of implementation will be held Dec. 4
and18 during the Council's evening meeting.
The tenth item on the agenda was resolution Number 28, Series 2007. A Resolution
Deferring the Regular Meeting of the Vail Town Council, Pursuant to Section 1-5-11 of
the Vail Town Code, From January 1 to January 8, 2008 and January 15 to January 22,
2008.
Council voted unanimously to approve a resolution that will move the Jan. 1 Council
meeting from New Year's Day to the following Tuesday, Jan. 8 and move the Jan. 15
meeting date to Jan. 22. Mire explained pursuant to Title 1, Chapter 5, Section 11, Vail
Town Code, for "good cause" the council at a regular meeting preceding the regular
meeting which will be deferred may defer the regular meeting to a subsequent date not
later than one week after the deferred regular meeting date. Hitt moved to approve the
resolution with Foley seconding.
The eleventh item on the agenda was Adjournment.
Newbury moved to adjourn with Daly seconding at approximately 8:05 p.m. The motion
passed unanimously, 7-0.
Dick Cleveland, Mayor
ATTEST:
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Lorelei Donaldson, Town Clerk •
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Minutes provided by Corey Swisher.
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