Loading...
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 M 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 IM kow 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") 3 k 24 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: ON Op op Lorelei Donaldson, Town Clerk • S Minutes provided by Corey Swisher. k 7