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.
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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.
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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.