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:
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Lorelei Donaldson,
Town Clerk
n 11
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and, Mayor