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HomeMy WebLinkAbout2007-12-18 Town Council MinutesVail Town Council Special Meeting Minutes Tuesday, December 18, 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 Dick Cleveland. Members present: Dick Cleveland, Mayor Andy Daly Mark Gordon Farrow Hitt Kevin Foley Kim Newbury Margaret Rogers Staff Members: Stan Zemler, Town Manager Pam Brandmeyer, Assistant Town Manager Matt Mire, Town Attorney The first item on the agenda was a Rod Slifer Recognition. Council and Town Manager Stan Zemler acknowledged the service and dedication of former Vail Mayor Rod Slifer by presenting him with a ceremonial gavel. The second item on the agenda was a Battle Mountain High School Cross Country State Championship Recognition. Council acknowledged the recent state championship for the second year in a row received by the Battle Mountain High School Cross Country team. The third item on the agenda was Citizen Participation. Contractor Mike Dantes requested parking relief at construction sites in Vail's outlying areas. Daly said the issue had been discussed earlier in the work session. Zemler said he would consult with staff to inquire about possible options. Newbury said she did not want construction vehicles to be directed toward neighborhood parks as a parking option. The fourth item on the agenda was the Consent Agenda. • Annual appointment of newspaper of record for Town of Vail publications and notices for 2008. The town annually establishes a newspaper of record for all public notices. Town staff recommends accepting the bid from Eagle Summit Publishers, owner of the qualifying newspapers in Eagle County, including the Vail Daily. 0 Election Commission Appointments for the Town of Vail. The election commission consists of the town clerk and two qualified and registered electors of the town, who during their term of office shall not be town officers or employees or candidates or nominees for elective town office. These two members shall be appointed by the council in the first December following a regular town election, for a term of two (2) years and shall serve without compensation. The town clerk shall be chairman. The election commission shall have charge of all activities and duties required of it by statute and this Charter relating to the conduct of elections in the town. In any case where election procedure is in doubt, the election commission shall prescribe the procedure to be followed. The commission shall provide procedures to establish proof of residency qualification where residency is in question. Upon a showing for good cause, the election commission may require proof of residency by any person registered to vote or attempting to register to vote in the Town of Vail. Said person shall not be qualified to vote in any municipal election until the election commission is satisfied that she has presented sufficient proof of residency as required by law or ordinance adopted pursuant to this Charter. The election commission shall provide for ballots and sample ballots or voting machines, for determination of the winner in the event of a tie vote, for canvass of returns and for the issuance of appropriate certificates. The two recommended commissioners were Vi Brown and Summer Holm. Newbury moved to approve the consent agenda with Hitt seconding. The motion passed unanimously, 7-0. The fifth item on the agenda was the Town Manager's Report. • Wildlife Ordinance Update. Police Chief Dwight Henninger reported that since April 15 residential households with curbside pickup have been required to use a wildlife -resistant trash container. Also, commercial establishments, multi -family properties and construction sites have been required to use wildlife -proof containers or an approved enclosure since Aug. 1. A community awareness campaign has contributed to a significant amount of voluntary compliance, according to Chief Henninger, while offenders have been met with increased enforcement at the direction of the Town Council. To date, 432 warnings have been issued compared to 135 in 2006; and there have been 86 summonses this year compared to 40 issued in 2006, which was a deadly year for bears in Vail. That was when two bears who had been entering homes for their food were euthanized, causing the Town Council to work with the community to explore stricter ways to regulate the disposal of trash. Police statistics are already beginning to illustrate the impact of the new trash removal requirements on bear behavior, according to Henninger. There was an 18.7 percent decrease in bear activity Thursday through Saturday and a 70 percent decrease during the daytime hours when compared to 2006. Henninger theorizes the patterns changed when easy garbage meals found in previous seasons were not readily available. In addition, while the majority of the berry crops in the state failed this year, the local crop was partially viable, which caused bears to spend the bulk of their foraging hours in their natural environment. The bears came into the neighborhoods more often at night to attempt to feed when fewer humans were present, he said. Henninger said residents must remember to keep their containers latched year-round as required to prevent raccoons, birds and other wildlife from accessing trash. The department is recommending continuation of aggressive enforcement efforts in 2008 in the hopes of contributing to a second successful bear season. Henninger then thanked Detective Ryan Millbern for his work researching and promoting the wildlife ordinance. 2 The sixth item on the agenda was Appointments to the Commission on Special Events (CSE), Vail Local Marketing District Advisory Council (VLMDAC), Design Review Board (DRB), and Planning & Environmental Commission (PEC). Earlier in the day Council interviewed applicants for the board openings. Newbury moved and Daly seconded the appointment of the following: CSE: Bobby Bank, Rayla Kundolf, Robert McKown and Scott Stoughton; VLMDAC: John Dawsey, John Monson, Laurie Mullen and Peter Hayda; DRB: Elisabeth Plante; and PEC: Susie Tjossem. The motion passed unanimously, 7-0. The seventh item on the agenda was discussion & direction in regard to Open/Hillwood (OH) proposal to redevelop the LionsHead Parking Structure. In introducing the item, Town Manager Stan Zemler noted the LionsHead parking structure redevelopment agreement with Open/Hillwood had provided for a 60-day period in which a companion proposal for redevelopment of Timber Ridge would be evaluated by the Town Council. Now that the 60-day period has ended, Zemler suggested the Council had three options: 1) reject the proposal; 2) extend the review period to address unanswered questions; or 3) initiate a letter of intent to advance the proposal. During discussion by the Council, Rogers received clarification that if the parking structure is not redeveloped OH could continue to pursue redevelopment of Timber Ridge as a stand-alone project. OH representative Mark Masinter presented an aggressive timeline that would be used to start construction by April 2009. 'We need to pursue this project now to meet the proposed time line ... We can come up with a room configuration everyone can agree to," he said. The redevelopment concept proposed by OH includes the sale of two-thirds of the property for $13.2 million and the construction of 1,300 beds to be built around structured parking. Rogers asked if the Timber Ridge parcel had been appraised. "I'd like to know what that land is worth before we sell it." Masinter confirmed the property would have to be owned by OH to be redeveloped. "The economics just aren't there otherwise." A Lincoln Properties representative explained the price structure of constructing structures at various heights (stories). "Structured parking adds $40 per square foot but it offsets the land cost ... It's the cheapest construction cost for the best density." Daly asked about the project design and how the proposed layout had come about. Masinter explained OH had discussed the design and layouts with the future users of the leased units. Zemler asked for a much more detailed pro -forma before the town could proceed. Gordon confirmed the property would remain deed restricted. However, the town can not control what rent would be charged. He then asked for assurance the property would remain deed restricted workforce housing in perpetuity. Masinter said OH would be open to allowing the town to retain a small percentage interest in the property in order to maintain rents. Foley said he was not comfortable selling town land. Rogers said a master plan needed to be developed for the property. "I'm not comfortable agreeing to a letter of intent on Timber Ridge until we have the data to ensure this is the best use for the land." Cleveland asked for a very detailed pro - forma. "I need to understand why this makes sense." During public comment, Kaye Ferry said, "I will always oppose the sale of Town of Vail land ... I will always support some type of dormitory housing in this project ... I don't believe a legitimate RFP was ever issued for this project ... I don't think we've ever had an open process." Representing the Vail Village Homeowners Association, Jim Lamont commented, 'We need to be careful because we are going to be stuck with this project for a long time." Rogers moved to contract to have a master plan performed and make a determination about highest and best use for the property along with determining the actual value of the property, with Daly seconding. Rogers continued, "I'm not convinced stick -built four-story housing is the best use." The motion was defeated 2-4, with Daly and Rogers voting in favor. Cleveland commented, "Let's get a pro -forma and then we can make a decision." Newbury emphasized, "As long as there is a deed restriction on it the Vail Housing Authority does not care who owns the property." Newbury moved to table the item until January 22 with Foley seconding. The motion passed 6-1, with Rogers opposed. For details, contact Stan Zemler at 479-2106. The eighth item on the agenda was the Second reading of Ordinance No. 37, Series of 2007, An Ordinance Adopting a Use Tax on Construction and Building Materials; Amending Title 2, Revenue and Finance, Vail Town Code with the Addition of Chapter 8 "Use Tax on Construction and Building Materials." Mire explained the construction use tax ballot question approved by Vail voters on November 6tn gives Town Council the authority to implement a four percent tax on building and construction materials consumed or used in the town. Proceeds of the tax are to be used exclusively for capital acquisitions and capital projects in the town. Implementation of the tax is accomplished by two readings of an ordinance which sets the policy and administrative details relating to the tax. Former Vail Mail Mayor Bob Armour spoke in support of the ordinance. Gordon moved to approve the ordinance with Newbury seconding. The motion passed unanimously, 7-0. The ninth item on the agenda was the owners of two deed restricted Employee Housing Units (EHU) located at 201 Gore Creek Drive (the Bell Tower building) have requested a release of the deed restriction on EHUs located in the Bell Tower. In exchange for the release, the owners are offering to provide the Town of Vail a Type IV deed restricted unit at 4192 Spruce Way (Altair Vail Inn). Housing Coordinator Nina Timm informed Council it was the desire of the Bell Tower EHU owners to remove the two deed restricted EHUs which total 597 square feet, located at the Bell Tower building, and replace them with a new deed restricted EHU located at 4192 Spruce Way #A-201, which is 1,192 square feet. The existing EHU square feet would then be incorporated into the primary residence located on the third floor of the Bell Tower building. The applicant, Dean McFarland, thanked the Community Development staff for their help in understanding the issues. McFarland reported the Altair unit was purchased for approximately $420,000, Rogers expressed concern the new net value to the owner of the Bell Tower unit with the addition of the EHU square footage would be roughly $1,500,000. Representing the applicant, Dominic Mauriello reasoned the additional square footage would be worth $2,000 per square foot as opposed to $2,600. Anne Gunion of VAG Architects clarified the actual square footage of the current EHUs and further elaborated upon the soft costs of remodeling the EHUs. During public comment, Kaye Ferry spoke in opposition saying the proposal was inequitable given the high land values in Vail Village. Hermann Staufer and Axel Wilhelmsen spoke in support of the proposal. Daly thanked McFarland for his presentation. "I believe this proposal does represent a gesture of good will ... I think what has been proposed is very consistent with what the town is trying to do." The Community Development Department recommended Council approve the request subject to the applicant providing Altair Vail # A-201 as a price appreciation capped, for -sale unit with a maximum initial sales price of $178,650 to a qualified employee on the existing Town of Vail master resale lottery list. Daly moved to approve the request with Newbury seconding. The motion passed 5-2, with Gordon and Foley opposed. 4 The tenth item on the agenda was the First Reading of Ordinance No. 39, Series of 2007, an ordinance amending Section 12-2-2, Definitions, and Sub -Sections 12-7B-2A, Definitions (basement or garden level); 12-7B-3A, Definitions (first -floor or street level); 12-7H-2A, Definitions (basement or garden level); 12-7H-3A, Definitions (first -floor or street level); 12-71-2A, Definitions (basement or garden level); 12-7K-3A, Definitions (first -floor or street level), Vail Town Code, to allow for amendments to the definitions of" Basement or Garden Level" and "First Floor or Street Level."Ruther explained on December 10, 2007, the PEC held a public hearing on a request to amend Section 12-2- 2, Definitions, and Sub -Sections 12-7B-2A, Definitions (basement or garden level); 12- 7E-3A, Definitions (first -floor or street level); 12-7H-2A, Definitions (basement or garden level); 12-7H-3A, Definitions (first -floor or street level); 12-71-2A, Definitions (basement or garden level); 12-7K-3A, Definitions (first -floor or street level), Vail Town Code, to allow for amendments to the definitions of "Basement or Garden Level" and "First Floor or Street Level." Upon review of the request, the PEC voted 6-0-0 to forward a recommendation of approval for the requested amendments. Gordon moved to approve the ordinance with Rogers seconding. The motion passed unanimously, 7-0. The eleventh item on the agenda was the First reading of Ordinance No. 40, Series of 2007, an ordinance approving a major amendment to a Special Development District, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development District No. 17, Rams -Horn Lodge Condominiums, for the specific purpose of allowing the remodel and addition to the Rams -Horn Lodge Condominium building, located at 416 Vail Valley Drive; Lot A, Block 3 and Tract F, Vail Village 5ch Filing (PEC07-0038). Town Planner Scot Hunn reported that on November 26, 2007, the PEC held a public hearing on a request for a major amendment to Special Development District No. 17, Rams -Horn Lodge Condominiums, to allow for the remodel and addition to the Rams -Horn Lodge building. Specifically, the applicant proposed to add a fourth story to the existing three story building to increase the number of dwelling units from fourteen (14) to sixteen (16), and to increase the number of attached accommodation units from twenty-one (21) to twenty-four (24). As well, the remodel is proposed to allow for the expansion of certain existing units, the expansion and enhancement of common lobby area and the addition of one (1) on -site employee housing unit. Upon review of the request, the PEC voted 5-0-1 (Pierce recused) to forward a recommendation of approval, with conditions, of the request to amend SDD No. 17, Rams -Horn Lodge Condominiums, to Council. Representing the applicant, Rick Pylman and Diane Milligan explained how the proposed valet parking service would function. Milligan then explained most of the hotel's guests are destination skiers and arrive via transit. Newbury said, "I think this is a good plan and it will benefit the neighborhood." Foley moved to approve the ordinance with Hitt seconding. The motion passed unanimously, 7-0. For more information, contact Scot Hunn at 477-3551. The twelfth item on the agenda was the First Reading of Ordinance No. 41, Series of 2007, an ordinance repealing and re-enacting Ordinance No. 24, Series of 2004, establishing SDD No. 38, Manor Vail, and setting forth details in regard thereto. The purpose of Ordinance No. 41, Series of 2007, is to allow for a change in the number of dwelling units, located at 595 Vail Valley Drive, by combining two approved units into a single unit. On December 10, 2007, the PEC held a public hearing on a request for a major amendment to Special Development District No. 38, Manor Vail. The purpose of the major amendment was to reduce the maximum number of allowable dwelling units by one by combining two units into a single unit, located at 595 Vail Valley Drive (Manor Vail Condominiums)/Lots A, B, & C, Vail Village Filing 7, and setting forth details in regard thereto. Upon review of the request, the PEC voted 6-0-0 to forward a recommendation of approval of the request to amend SDD No. 38, Manor Vail, to Council. Foley moved to approve the ordinance with Newbury seconding. The motion passed unanimously, 7-0. For details, contact George Ruther 479-2145. The thirteenth item on the agenda was the First reading of Ordinance No. 42, Series 2007. An Ordinance Amending Title 6, Chapter 3, Vail Town Code, Regarding Criminal Injury to Property, Larceny, Fraud and Related Offenses. Town Attorney Matt Mire explained that effective July 1, 2007, Colorado statute provides that a charge of criminal injury to property with a value less than one thousand dollars will be considered a misdemeanor criminal matter. Additionally, effective July 1, 2007, Colorado Statute, provides municipalities' additional power to prohibit larceny up to one thousand dollars. By amending Title 6, Chapter 3, Vail Town Code, the Town Municipal Court will have jurisdiction over these matters. Rogers moved to approve the ordinance with Daly seconding. The motion passed unanimously, 7-0. For more information, contact Matt Mire at 479-2460. The fourteenth item on the agenda was the First reading of Ordinance No. 43, Series 2007. An Ordinance Amending Title 7, Chapter 3, Vail Town Code, Regarding Parking Infractions; and Setting Forth Details. Mire explained certain text amendments to the Vail Town Code relating to the town's parking regulations are necessary to more effectively enforce the current parking policies. Council directed Mire to better clarify the prohibition against looping (leaving the parking structure and returning every 90 minutes to avoid paying to park). Newbury moved to approve the ordinance with Gordon seconding. The motion passed, unanimously, 7-0. For details, contact Matt Mire at 479- 2460. The fifteenth item on the agenda was the Second 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 Town Planner Rachel Fried stated that on October 8, 2007, the PEC made a recommendation to Council of approval, with modifications. The PEC worked through the text amendments and came up with compromises on the text amendments now proposed in the ordinance. On November 20, 2007, Council unanimously approved, with modifications, Ordinance No. 32, Series of 2007, on first reading. The modifications to Ordinance No. 32, Series of 2007, included limiting display boxes to two per business frontage and allowing specials boards to be freestanding when practical difficulties exist for the specials boards to be attached to menu boxes. Council also requested staff draft regulations for a leasing program of town -owned property to be used for outdoor display of retail goods. The leasing program was proposed as a new Chapter in Title 8, Public Ways and Property, Vail Town Code, and is included as part of Ordinance No. 32, Series of 2007. Representing the Vail Chamber and Business Association Kaye Ferry suggested Council table the item until January 8, 2008. This was to allow local business owners more opportunity to review the ordinance. Daly moved to approve the ordinance with Newbury seconding. The motion passed unanimously, 7-0. The sixteenth item on the agenda was the Second Reading of Ordinance No. 38, Series of 2007, an Ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund and Heavy Equipment Fund of the 2007 budget for the Town of Vail, Colorado. Budget and Financial Reporting Manager Kathleen Halloran reported the budget was being adjusted to include an additional $3.6 million in revenue and $928,000 in expenses. Daly moved to approve the ordinance with Rogers seconding. The motion passed unanimously, 7-0. The seventeenth item on the agenda was Council Comments on the 2007 Vail Ski Area Improvements Project. Daly asked Vail Resorts representative Tom Allender how many employees the proposed improvements would generate. Allender replied that most of the projects would be developed over the next two to ten years so placing an employee generation number at any given time would be spotty at best. Foley expressed concern the proposed restaurant would take sales tax dollars away from the town. Cleveland clarified the "manage to" number would remain at 19,900 skiers per day at any one time on Vail Mountain. Daly explained a Golden Peak expansion would be an unlikely site for a World Cup race but would facilitate FIS sanctioned junior and senior level races. Daly encouraged Council to voice support for the Golden Peak race expansion. Allender concluded, "It is our goal to keep Vail the No. 1 ski mountain in the world." --Adjournment Daly moved to adjourn with Foley seconding at approximately 10:45 p.m. The motion passed unanimously, 7-0. 0-:1-OSEAL: Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher.