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HomeMy WebLinkAbout2008-09-02 Town Council MinutesVail Town Council Meeting Minutes Tuesday, September 2, 2008 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 Mark Gordon Farrow Hitt Kevin Foley Kim Newbury Margaret Rogers Andy Daly Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Input. Vail Valley Music Festival representative Jean Reid thanked Council for its continued support of the concert series and reported the 2008 program was immensely successful. Dr. Sanda Smyser, Superintendent of Eagle County Public Schools, introduced herself to Council and expounded upon her previous experience in Steamboat Springs and California schools. "Our goal is to continue to push students at all levels... Construction of new schools continues very rapidly... The estimated completion date for Battle Mountain High School is fall of 2009... June Creek Elementary School opened today... It's a beautiful facility." She then explained the District is currently studying what to do with the current Battle Mountain High School site (as it will close when the Edwards facility opens). Daly asked what Smyser's priorities were for the Battle Mountain site. She responded, "It's a regional discussion." Gordon said he had just attended a very successful welcome barbeque at the Red Sandstone Elementary School. The second item on the agenda was the Town Manager's Report. ➢ Revenue Update. Budget & Financial Reporting Manager Kathleen Halloran explained to Council all sales tax returns are received for the month of July, collections for the month are expected to be $1,376,448, up 8.7% from July, 2007. Year-to-date sales tax collections of $13AM are up 6.3% from 2007. For comparison, inflation as measured by the consumer price index was up 5.6% for the month of July, and up 4.2% for the first half of 2008 compared to prior year. Use tax collections began as of January 1, 2008. As of August 28, collections total $472,853 of unbudgeted revenue. Construction permit revenue currently totals $1.7M, down 23% from this time last year. However, due to conservative budgeting, collected revenue currently exceeds budget by $328K. The decrease in activity from the prior year is due to both major and non -major redevelopment projects. Major redevelopment projects make up 77% of the total, and construction permit fee revenue from those projects is down by 17% from prior year. Revenue from non -major projects is down 37% from this time last year. RETT collections through August 27, 2008, total $5.7 million. This amount is a 39% increase from this time last year primarily due to recent sales of major redevelopment projects. The overall real estate market in Eagle County is down 33% in sales dollars and down 46% in sales transactions as of June, 2008. Major redevelopment projects such as Arrabelle, Forest Place, One Willow Bridge and Vail Plaza account for 61 % of year-to-date 2008 collections. This is significantly higher than the 24% from August 2007 and is the reason Vail's RETT revenue is performing much better than the rest of the county. RETT collections from property transfers not related to major redevelopment projects dropped by 28% year-to- date as of August, 2008, compared with 2007. This is more in line with the sales decrease across the county. ➢ November 4 Council Meeting Reschedule Town Attorney Matt Mire explained that pursuant to Title 1, Chapter 5, Section 11, Vail Town Code, Deferment: In the event a regular meeting cannot for good reason be held by the town council on a regular meeting date, the regular meeting shall automatically be held on the next secular day at the same time and place; provided, however, that 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. Council agreed to not change the meeting date. ➢ Annual Community Meeting Date. Council determined to hold the meeting on March 10, 2009. ➢ Chamonix Parking Appeal. Cleveland said Council had determined earlier in the day to not pursue the appeal. In regard to Seibert Circle, Public Works Director Greg Hall said several specialists had examined the project and repairs were currently underway. Newbury asked if the Seibert Circle area would be used for the Vail Village Oktoberfest. The third item on the agenda was the Consent Agenda. a. Approval of 08.05.08 & 08.19.08 Town Council Minutes. Hitt moved to approve the minutes with Foley seconding. The motion passed unanimously, 7-0. The fourth item on the agenda was Resolution No. 17, Series of 2008: Approval of Vail Local Marketing District's 2009 budget and operating plan. The budget and operating plan was presented earlier to the Vail Local Marketing District (VLMD) Board for approval. Gordon moved to approve the resolution with Hitt seconding. Hitt clarified if additional revenues were collected they could only be spent through the approval of a supplemental budget. Economic Development Manager Kelli McDonald said the procedure was customary. The motion passed 6-1, Foley opposed. The fifth item on the agenda was Resolution No. 20, Series of 2008. Adoption of the Town of Vail Employee Housing Strategic Plan. To date, Council has provided feedback on the goals, objectives, action steps, Strengths, Weaknesses, Opportunities, Threat (SWOT) analysis and the overall content of the document. Adopting an Employee Housing Strategic Plan was identified as a critical goal at the January 22, 2008, Council retreat. Housing Coordinator Nina Timm said the Vail Local Housing Authority (VLHA) thinks a dedicated funding source will be necessary in the future. Council agreed it may be disingenuous to pursue an employee housing unit exchange program without discussing it. Daly clarified there is nothing that commits the town to appreciation capped units exclusively. Timm said staff would continuously track usage and demand for units. "We really want far more detailed information letting us know who is living in which units." Daly moved to approve the resolution with Rogers seconding. Newbury said the Vail Local Housing Authority worked very diligently for several years on drafting the plan. The motion passed unanimously, 7-0. The sixth item on the agenda was a request for final review of Resolution No. 19, Series of 2008, a Land Use Plan map amendment, pursuant to Section 8-3, Vail Land Use Plan, to allow for a change in the land use designation from Community Office to LionsHead Redevelopment Master Plan for properties known as "Cascade Crossing", "Vail Professional Building" (Future "Ever Vail"), and "Glen Lyon Office Building" located at 953, 1031 and 1000 South Frontage Road West/ Lot 54 Glen Lyon Subdivision and unplatted property (A complete legal description is available for inspection at the Town of Vail Community Development Department). On August 11, 2008 the PEC voted 4-0-1 (Viele recused) to forward a recommendation of approval for the Land Use Plan map amendment, pursuant to Section 8-3, Vail Land Use Plan, to allow for a change in the land use designation from Community Office to LionsHead Redevelopment Master Plan for properties known as "Cascade Crossing", "Vail Professional Building" (Future "Ever Vail"), and "Glen Lyon Office Building" located at 953, 1031 and 1000 South Frontage Road West. During a pause for public comment, Jay Peterson said the application was not related to Vail Resorts. "This in no way affects what you are doing with Vail Resorts... The m aster plan should be looked at every two to three years... Is the document still relevant... Does it make sense to design a Village and leave this parcel out of this planning... This is the very first step in a long process." Vail Homeowners Association representative Jim Lamont clarified the town had received the property owner's permission to ask for the amendment. Speaking in support of the resolution, Lamont commented, "Master planning in and of itself has been a tool used for convenience or inconvenience... It is a discipline that needs to be followed... Now is the appropriate time to include this piece of property in what has been called Ever Vail and has been worked on for eight years." Rogers said, "I am opposed to what is in effect an upzoning for no public benefit to the town." Cleveland said he objected to rezoning any parcel in town without a detailed and comprehensive development plan. "There is no way for us to evaluate what is being proposed." The motion passed 4-3, with Foley, Hitt and Rogers dissenting. The seventh item on the agenda was refinancing existing debt via Ordinance No. 20, Series of 2008, authorizing the Issuance of Sales Tax Revenue Refunding Bonds, Series 2008. Finance Director Judy Camp reported the town issued $8,760,000 of Tax -Exempt Sales Tax Revenue Refunding Bonds in 1998 to refinance certain bonds outstanding at that time. The bonds were issued with interest rates ranging from 4.25% to 4.5% and maturities through 2012. 1998A bonds maturing on or after December 1, 2009, are callable at the town's option on December 1, 2008. Federal tax law allows for "current refunding" of the bonds within 90 days of the call date. This means the town can issue new bonds at current interest rates and defease, or pay off, the existing bonds. Refunding bonds are not subject to TABOR election requirements. Piper Jaffray and Co., the town's investment bankers, estimates a net savings in debt service payments of $188,000 over five years. The net savings is after payment of bond issuance costs and underwriter's discount. The cost savings will be realized in the Capital Projects Fund. Rogers moved to approve with Hitt seconding. The motion passed unanimously, 7-0. Gordon clarified the town would not be required to refinance the bonds if the market was not hospitable to doing so at the time. The eighth item on the agenda was the Second reading of Ordinance No. 18, Series of 2008, an ordinance amending Chapter 12-3, Administration, and Chapter 13-1, General Provisions, to establish notification of surface development regulations. The proposed regulation amendment will bring the town's zoning and subdivision regulations into conformance with Title 24, Article 65.5, Notification of Surface Development, Colorado Revised Statutes (CRS). On August 11, 2008, the PEC voted 5-0-0 to forward a recommendation of approval for prescribed regulation amendments to Chapter 12-3, Administration, and Chapter 13-1, General Provisions, to establish notification of surface development regulations, and setting forth details in regard thereto. On September 19, 2008, Council voted 6-0-0 to approve Ordinance No. 18, Series of 2008, on first reading. Daly moved to approve the ordinance with Foley seconding. The motion passed unanimously, 7-0 The ninth item on the agenda was the applicant, Sonnenalp Properties Inc., represented by GPSL Architects, is requesting permission to proceed through the development review process with an application that includes private improvements on town owned property. Chief of Planning Warren Campbell said the applicant is requesting permission to proceed through the development review process with an application to install a freestanding sign for the Sonnenalp Resort at the southeast corner of Vail Road and Meadow Drive and to erect multiple banners adjacent to the hotel entrance located at 20 Vail Road. Both the proposed sign and banners will encroach into town owned street right-of-ways. Therefore, the applicant must first obtain Town Council (i.e. property owner) approval before proceeding through the Town's development review process. The Community Development Department recommended Council approve the applicant's request to proceed through the development review process with an application for a new sign at the intersection of Vail Road and Meadow Drive. However, the Community Development Department recommended Council deny the applicant's request to erect banners in the Vail Road right-of-way. Rogers moved to accept the staff recommendation with Newbury seconding. Local architect Sid Schultz said the banners would make the entrance to the property much more visible. The motion passed unanimously, 7-0. The tenth item on the agenda was a request for review of a proposed land and easement dedication to the Town of Vail pursuant to Section 13-3-11, Council Acceptance of Dedications, Vail Town Code, in conjunction with the recording of an amended final plat for Manor Vail Lodge in compliance with the approved Developer Improvement Agreement entered into in conjunction with the adoption of Ordinance No. 14, Series of 2005, creating Special Development District No. 38, Manor Vail Lodge. On June 21, 2005, Council unanimously adopted Ordinance No. 14, Series of 2005, an ordinance repealing and reenacting Ordinance 24, Series of 2004, establishing Special Development District No. 38, Manor Vail Lodge, and setting forth details in regard thereto. In conjunction with that approval the developer was required to provide the town a portion of land measuring 430 square feet in the southeast portion of the site and provide an easement for the relocated Ford park pedestrian path which crosses the Manor Vail property. On August 11, 2008, the PEC approved with a condition the proposed plat by a vote of 5-0-0. The Community Development Department recommended Council accept the proposed land and easement for the Ford Park pedestrian path and approves the proposed amended final plat. Daly moved to table the ordinance until October 7, 2008 so as to allow the easement to be redrafted to describe the current encroachments with Rogers seconding. Applicant representative Jim Adams said the matter was relatively time sensitive as it affected the projects ability to receive a Temporary Certificate of Occupancy. Manor Vail Manager Bob McCleary said everyone needed to agree where the encroachments are. Daly then withdrew his motion. Gordon subsequently moved to approve the ordinance with Daly seconding. The motion passed unanimously, 7-0. The eleventh item on the agenda was the First reading of Ordinance No. 16, Series of 2008, an ordinance requesting a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of a 430 square foot parcel of land from High Density Multiple -Family (HDMF) District to General Use (GU) District. On August 11, 2008, the PEC voted 5-0-0 to forward a recommendation of approval for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code. Gordon moved to approve the ordinance with Hitt seconding. The motion passed unanimously, 7-0. The twelfth item on the agenda was Adjournment. Rogers moved to adjourn at approximately 8:00 p.m. with Daly seconding. The motion passed unanimously, 7-0. ATTEST: U Lorelei Donaldson, Town Clerk n 11 f and, Mayor