HomeMy WebLinkAbout2007-01-02 Town Council Minutes• Vail Town Council Evening Meeting Minutes
Tuesday, January 2, 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: Farrow Hitt, Mayor Pro-Tem
Kent Logan
Greg Moffet
Kim Newbury
Mark Gordon
Kevin Foley
Not present: Rod Slifer, Mayor
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
• Hit expressed heartfelt condolences to the Gerald R. Ford family due to his recent
passing. Foley reported Slifer was attending the former President's funeral.
The first item on the agenda was Citizen Participation. Local climber Larry Nane
proposed naming a bridge at the Vail Golf Course after local climber Susan Nott. Born in
Vail, Nott was a mountaineer who died climbing Mount Foraker, Alaska, on May 20, 2006.
Local resident Diane Johnson complimented the Public Works crews for their work on
snow plowing, tree lighting and the abundant summer flower gardens, all characteristics
that make her children love living in Vail.
Foley announced Notre Dame would be playing Louisiana State University the following
day in the Sugar Bowl.
The second item on the agenda was the Consent Agenda.
a. Approval of 12.05.06, 12.12.06 and 12.19.06 Minutes.
Moffet moved to approve with Foley seconding. Foley commented he was not present for
a vote on Item No. 4 of the 12.12.06 meeting. The motion to approve the consent agenda
passed unanimously, 6-0.
The third item on the agenda was the Town Manager's Report.
• LionsHead Parking Structure Financial Critique of Proposals. Community Development
• Director Russ Forrest invited two Council members to assist in reviewing the financial
critique of the two potential LionsHead parking structure developers. Moffet and Logan
were chosen to participate.
Zemler asked if Council members were comfortable in using a polling firm to determine
citizen support for new uses of the conference center funds which would be brought
before voters in the November 2007 election. Gordon confirmed the poll would be as
statistically accurate as possible. Zemler reported 250 registered voters would be polled
by telephone during the February or March timeframe. Hitt encouraged the participation
of the retail and lodging community in reviewing the polling questions.
Zemler then announced the town's annual Community Meeting would take place on
January 9, 6:00 p.m. at Donovan Pavilion. Gordon asked that a short update be
presented on the Vail 20/20 visioning process. Newbury asked that the Vail Recreation
District, Eagle River Water and Sanitation District and other partner agencies be invited
to participate in the open house portion of the meeting.
The fourth item on the agenda was the Windmill Art Event. Art in Public Places (AIPP)
Coordinator Leslie Fordham requested that Council approve the expenditure of $94,500
for an event that will promote cultural tourism and bring greater awareness of the visual
arts in Vail. Environmental artist Patrick Marold will install 2,700 miniature light -
generating windmills on the Vail Golf Course for one month, beginning March 16, 2007
through Earth Day, April 22, 2007. Each windmill is attached to an eight foot high post
and will respond to the wind's behavior. The artist envisions the glowing lights, placed in
a field of snow, will create a sense of mystery and wonder. Besides providing a unique
• visual experience the artist wants to bring attention to renewable energy sources and the
power of nature. The twinkling lights will be visible from the Frontage Road and 1-70.
AIPP will encourage people to walk though the windmill field and will work with the Vail
Golf Course to provide nighttime sleigh rides to the site. The project has the support of
the Vail Recreation District. The Vail Symposium offered to lend support organizing an
artist speaker evening and publicizing the event. AIPP believes Vail has the potential to
broaden and promote cultural programs. This event is a first step in taking the visual arts
in Vail to a higher level and building a reputation as a first class resort, providing both
recreation and arts activities. Impact studies in Colorado have shown that arts events
can be powerful economic engines that help sustain and drive the economy. Gordon
moved to approve the expenditure with Moffet seconding. AIPP Member Doe Browning
asked for Council support of the event. AIPP Member Jen Mason said the town is
making huge strides in terms of visual tourism, although the visual arts have been
somewhat ignored. Foley clarified only AIPP funds (Real Estate Transfer Tax (RETT)
supported) would be utilized. Hitt said he would not vote for the project as he disagreed
with RETT funds being used to promote visual arts as the tax was originally approved for
the acquisition of open space. The motion passed 5-1, with Hitt opposed.
The fifth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail
Town Code, of the Town of Vail PEC's denial of a setback and site coverage variance
application, pursuant to Section 12-61-1-6, Setbacks and Section 12-61-1-9 Site Coverage,
Vail Town Code, to allow for three residential additions, located at 400 East Meadow
Drive, Units 3, 5 & 8, Tyrolean Condominiums//Lot 5D, Vail Village First Filing (PEC06-
0070, 0071, 0072). Chief Planner George Ruther reported that on November 13, 2006,
• the PEC held a public hearing to consider three (3) requests for variances from Section
12-61-1-6, Setbacks, and Section 12-61-1-9, Site Coverage, pursuant to Chapter 12-17,
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• Variances, Vail Town Code, to allow for three (3) residential additions to the Tyrolean
Condominiums, located at 400 East Meadow Drive. Upon review of the variance
applications, the Commission voted 3-1-1 (Jewitt opposed)(Pierce recused). The
Community Development Department recommended Council overturn the decision of
the PEC denying a request for variances from Section 12-6H-6, Setbacks and Section
12-61-1-9, Site Coverage, Vail Town Code. Project Architect Mike Suman asked Council
to overturn the PEC decision. "The November 13, PEC decision created an unequal
situation within the Tyrolean." Moffet moved to overturn with the ruling subject to the two
conditions outlined in the PEC Memorandum dated November 13, 2006. Gordon
seconded the motion. Michael Cacioppo asked Council to overturn the decision. The
motion passed unanimously, 6-0.
The sixth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail
Town Code, of the Town of Vail PEC's approval, with conditions, of a request for a
conditional use permit, pursuant to Chapter 12-16, Conditional Uses, to allow for the
temporary use of the tennis facility for conferences and conventions, located at 1300
Westhaven Drive/Special Development District (SDD) No. 4, Cascade Village, Area A
(PEC06-0077). Planner Bill Gibson said that on November 27, 2006 the PEC approved, with
conditions, a request for a conditional use permit, pursuant to Chapter 12-16, Conditional
Uses, to allow for the temporary use of the tennis facility for conferences and conventions,
located at 1300 Westhaven Drive/SDD No. 4, Cascade Village, Area A. The Vail Town
Council "called -up" this PEC action due to concerns about a condition of approval prohibiting
parking along Westhaven Drive or the South Frontage Road. Police Commander Steve
Wright discouraged parking on Westhaven Drive as it may hamper the movement of
emergency services vehicles. Moffet moved to modify condition No. 1 of the PEC's
• November 27, 2006, approval of a conditional use permit to allow the Vail Cascade
Resort and Spa the temporary use of a tennis court facility for conferences and
conventions. He also noted that condition No. 1 be deleted and replaced with the
condition noted on page 5 of Staff's January 2, 2007, Town Council memorandum with
Newbury seconding. Vail Cascade representative Don McGlaughlin encouraged Council to
support a strictly enforced parking management plan. The motion passed unanimously, 6-0.
The seventh item on the agenda was the second reading of Ordinance No. 31, Series of
2006, An Ordinance Amending Section 2-6-9 of the Vail Town Code, Concerning use of
the RETT Fund. Town Attorney Matt Mire stated that in an effort to be the premier
mountain resort community, the town has committed to provide its citizens and guests
with "a superior level of environmentally sensitive services" in addition to "vision,
leadership and stewardship in. an environmentally responsible manner." To achieve the
goals stated above and for the environmental sustainability of the Town of Vail and the
Vail Valley, the Council has determined certain text amendments are necessary to the
Vail Town Code as they relate to the use of the Town of Vail RETT Fund to include
expenditures related to environmentally sustainable practices. Moffet moved to adopt
the ordinance with Gordon seconding. The motion failed 4-2, with Gordon and Moffet
voting for the motion. Foley stated he believed the ordinance was a little too
overreaching. For instance, he did not believe it appropriate to spend RETT dollars to
alleviate 1-70 noise pollution. Newbury and Moffet emphasized the ordinance was
consistent with the idea of being environmentally responsible. Hitt said the uses listed
regarding environmental protection in the ordinance did not match the original spirit of
the RETT. Zemler said if the ordinance did not pass, the town would be unable to create
• a broader environmental protection program. Gordon stated town residents had recently
voiced (Vail 20/20 visioning process) a desire to be a global leader in environmental
stewardship. During a pause for public comment, Bill Jewitt said, "I think it is a slippery
S slope to start using RETT funds for other purposes just because it's the only fund with a
little extra money in it ... Funding things the easy way doesn't demonstrate good
leadership." Representing the Vail Village Homeowners Association, Jim Lamont stated
his organization was beginning to lean more towards environmental clean-up, such as I-
70 sand mitigation and regeneration of the forest. Logan stated, "This is not carte
blanche to spend any money without public hearings or public input." Logan moved to
approve a modified version of the ordinance by removing specific uses, such as
recycling and 1-70 noise mitigation, identified in the earlier version, with Foley seconding.
The motion passed 4-2, Foley and Hitt opposed.
The eighth item on the agenda was Resolution No. 1, Series of 2007, a resolution
designating a public place within the Town of Vail for the posting of notice for public
meetings of the Vail Town Council, PEC, DRB, and other boards, commissions, and
authorities of the Town of Vail. Pursuant to Section 24-6-402(2)(c) of the C.R.S. as
amended, provides that local public bodies must give full and timely notice to the public
of any meetings at which the adoption of any proposed policy, position, resolution, rule,
regulation, or formal action occurs at which a majority or quorum of the body is in
attendance, or is expected to be in attendance. Moffet moved to adopt with Gordon
seconding. The motion passed unanimously, 6-0. Foley asked for postings to be placed
in various kiosks throughout town. Kaye Ferry said the January 2, 2007 agendas were
not posted on the town web site. The motion passed unanimously, 6-0.
The ninth item on the agenda was Resolution Number 2, Series 2007. A resolution adopting
art in public places temporary art program. A Temporary Art Program will allow artists and
galleries to place artwork on town -owned property for a one year lease and a fee of
$1,000. Council has determined artwork enriches the community by providing an outdoor
art exhibition and creates an opportunity to showcase the sculpture of local galleries that
choose to participate in the program. Moffet stated he believed the town was
undercharging. Newbury moved to approve with Foley seconding. The motion passed
unanimously, 5-1, Moffet opposed.
The tenth item on the agenda was Matters from Mayor and Council. Foley questioned
why employees were not provided a few free drinks at the town's holiday party. He then
inquired about the library's operating hours during the holiday season. He also stated he
had recently experienced difficulty with inaccurate information displayed by the town's
"Next Bus" system. He continued by mentioning town staff reacted very well to a recent
water main break at LionsHead Centre. He then questioned why residents at Timber
Ridge were required to sign a mold waiver. Foley also encouraged transit schedules be
improved on New Year's Eve next year. He then recommended that the Covered Bridge
needs be refurbished to improve pedestrian flow. He then clarified the Ritz Carlton will
go before the Council at its next meeting. He finished his comments by reporting the
sidewalk on Vail Road needs to be better cared for with respect to snow shoveling and
ice removal.
Gordon said the New Year's Eve fireworks were great.
Logan said the Vail Road sidewalk was hazardous. He then asked for an additional
update on wildfire preparedness. He also requested a report be provided that details
• what public improvements can be provided through Tax Increment Financing.
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• Moffet said he would be going to New York with the Vail Local
media visit. He then said he would be conducting his own peer
Jackson Wyoming, Sun Valley, Utah, Alta, Utah, and Park City,
weeks as part of his marketing business.
Marketing District on a
review trips by visiting
Utah in the upcoming
Hitt stated he appreciated the Vail Valley and the wonderful facilities located at the Vail
Valley Medical Center. He also thanked people for all the well -wishes he received during
a recent stay in the hospital. He said a recent ice show at Dobson Ice arena was very
successful and thanked the town for its donation of ice time. He asked about Ritz -
Carlton sales occurring at the New Dawn Vision Center in LionsHead.
The eleventh item on the agenda was Adjournment. Foley moved to adjourn with
Moffet seconding at approximately 8:20 p.m. The motion passed unanimously, 6-0.
ATTEST:
• Aoreleinaldson, Town Cleric
Minutes provided by Corey Swisher.
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Rodney E. Slifer, Mayor