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HomeMy WebLinkAbout2008-12-16 Town Council MinutesVail Town Council Meeting Minutes Tuesday, December 16, 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: Not present: Staff Members: EVENING SESSION BRIEFS Dick Cleveland, Mayor Mark Gordon Farrow Hitt Kevin Foley Margaret Rogers Andy" Daly Kim Newbury Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer The first item on the agenda was Citizen Input. There was none. The second item on the agenda was Appointments to the Commission on Special Events (CSE) and Vail Local Marketing District Advisory Committee (VLMDAC) boards. CSE: Members of the CSE shall serve at the will of the Town Council. The CSE shall support the Town Council's goals and objectives and makes decisions in alignment with the Town Council's marketing direction. The mission of the CSE is to support street entertainment and special events for vitality, year-round fun, sense of community and increased quality of experience for guests and residents. The functions and/or duties of CSE shall include, but are not limited to: hiring and overseeing a director and/or staff, as well as event producers and/or promoters; creating, funding and seeking special events for the Town of Vail; evaluating event applications and event success; submitting an annual budget for operations and events; coordinating the community calendar for special events; seeking out additional funding for special events through sponsorships and donations; evaluating and executing contracts for special events; and all other functions as directed by the Town Council. There were three vacancies on the CSE. The town received thirteen applications for the vacancies. Three applicants were incumbent members of the CSE (noted by asterisks below). The Council interviewed each applicant at the work session. The applicants are as follows: Brooks Bock, M.D. Dave Chapin* Kyle Denton Danielle Gibson Ron Girotti Ben Hohman Meggen Kirkham* Dan McNutt Keith Ozda Michelle Rampelt Heather Trub* Mia Vlaar Julie Weihaupt James Wilkins Foley moved to appoint Chapin, Kirkham and Trub to the CSE with Daly seconding. The motion passed unanimously, 6-0. VLMDAC: The mission of the VLMDAC is to strengthen the area economy by attracting visitors to Vail in the May to October time frame. Per C.R.S. 29-5-111 General powers of district. (1)(g) All applicants must be "owners of property within the boundaries of the district," which includes by definition corporations or entities which own property "within the boundaries of the district." Should an entity be appointed to this advisory council, it would then be up to that entity to appoint its designee. Additionally, owners of "taxable personal property" will be considered for appointment. The Town received six applications for the vacancies. Four of the applicants were incumbent members of the VLMDAC (noted by asterisks below). The Council interviewed each applicant at the work session. The applicants were as follows: Sarah Franke Ben Hohman Bob Llewellyn* Beth Slifer* Pam Stenmark* Adam Sutner * (Vail Resorts representative reappointment) Council's preliminary vote resulted in a tie. Hitt then moved to revote with Rogers seconding. The motion passed unanimously, 6-0. After re -voting Foley moved to approve the appointment of Llewellyn, Slifer, Sutner and Vlaar to the VLMDAC with Rogers seconding. The motion passed unanimously, 6-0. The third item on the agenda was the Town Manager's Report. 0 Federal Economic Stimulus Package Recommendations. Zemler said he was skeptical the proposed federal program would directly benefit town projects. "It's my speculation this (program proposal) is going to change and change a lot." Cleveland said, "This list is not an application for anything... This process could start all over again with parameters and guidelines." Zemler said he would assemble a rational list and submit it. Lamont encouraged Council to position themselves to have projects in a form ready to break ground. • Ford Park Managed Parking '09 Summer Proposal. AssWant Town Manager Pam Brandmeyer reported The 2009 Managed Parking t rtWar Schedule for Ford Park had been compiled by the Ford Park User Committee. There are currently 38 days of paid parking requested as well as one managed parking date. This calendar is subject to change as more events are added to the various schedules of the user groups at Ford Park. Council agreed it was no longer necessary to bring the proposal before Council. • ECO Trails Committee Names 2008 Trail Supporters. Cleveland said the town had been honored for their continued support of ECO Trails. The fourth item on the agenda was a Presentation of Same Store Sales reports in both Vail Village and LionsHead during summer 2008 compared to 2007, as well as a preview of market forces affecting travel during the 2008/2009 ski season. Council requested a report detailing same store sales for summer 2008 compared to 2007 in the categories of restaurant, retail and lodging. Ralf Garrison of the Advisor Group compiled the information and presented it to Council while highlighting the following: --"Same Store" Report Set. —Economic and Travel Indicators. --Market Forces. --Transient Occupancy Study. --Reservation Activity Outlook as of November 30, 2008. The fifth item on the agenda was Ordinance No. 32, Series of 2008, an emergency ordinance amending Ordinance No. 20, Series of 2008; prescribing other details in connection therewith; and declaring an emergency. Budget and Financial Reporting Manager Kathleen Halloran 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% with maturities through 2012. On September 16, 2008, Council approved Ordinance No. 20, Series of 2008, authorizing the issuance of Sales Tax Revenue Refunding Bonds, Series 2008 for the purpose of refinancing the outstanding 1998A bonds at a lower interest rate with the same maturity. "Issuance of the new bonds has been delayed due to market conditions... Conditions are presently at a point where it is advisable to issue the bonds. Because of the delay in marketing the bonds, however, the "redemption date" specified in the original ordinance has passed and it is necessary to amend Ordinance No. 20 redefining the redemption date." An emergency ordinance was requested so the bonds could be marketed immediately. Rogers moved to approve the ordinance with Gordon seconding. Halloran noted, "Rates are six to eight basis points from our targeted savings ($188,000)." Cleveland and Daly asked if the town could save more money by paying the bonds off immediately. Council agreed to direct staff to examine the benefits of paying the bonds off. Rogers stated, "I don't feel like I have enough information to make a good decision." The motion passed unanimously, 6-0. The sixth item on the agenda was the Second reading of Ordinance No. 29, Series of 2008, An Ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, and Debt Service Fund of the 2008 Budget for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein. Gordon moved to pass the ordinance with Rogers seconding. The motion passed unanimously, 6-0. The seventh item on the agenda was the First reading of Ordinance No. 31, Series of 2008, for prescribed regulations amendments to Section 12-13, Employee Housing, Vail Town Code, to establish a deed -restriction exchange program. Housing Coordinator Nina Timm stated that on June 3, 2008, Council directed the Community Development Department to prepare amendments to the Vail Town Code to establish an Employee Housing Unit (EHU) deed restriction exchange program. On October 28 2008, the Vail Local Housing Authority (VLHA) held a public hearing and reviewed and forwarded a recommendation of approval to Council for the proposed text amendments to the Zoning Regulations. On December 8, 2008, the PEC voted 5-0-0 to forward a recommendation of approval, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Section 12-13, Employee Housing, Vail Town Code, to provide additional regulations establishing a deed - restriction exchange program. Rogers and Daly questioned the actual incentive value of the ordinance and questioned the role of town financing. Mire clarified, "You could start a new program if you warranted it necessary after you started this program." Rogers clarified, "With this ordinance we are selling square footage back to the owners of these properties." During a pause for public comment, VLHA member Steve Lindstrom commented, "We are looking to further the goal of providing more housing in town, and we feel like this is a step along the way ... We can modify it ... We are just recommending this as a first step, this is a living document that can be changed." Rogers moved to approve the ordinance (with conditions no dollars would go to property owners) with Foley seconding. The motion passed unanimously, 6-0. Cleveland said the purpose of the ordinance was to try to create housing immediately. The eighth item on the agenda was the First reading of Ordinance No. 33, Series of 2008, for prescribed regulations amendments to Section 11-10-7, Open House Signs, Vail Town Code, to allow for amendments to the open house sign regulations. At its November 4, 2008, public hearing, Council directed staff to prepare text amendments to update the town's open house sign regulations. On December 8, 2008, the PEC voted 4-0-1 (Kurz recused) to forward a recommendation of approval, with modifications, for prescribed regulation amendments, pursuant to Section 11-3-3, Prescribed Regulation Amendment, Vail Town Code, to amend Section 11-7-10, Open House Signs, Vail Town Code, to allow for changes to the open house signs regulations. Planner Bill Gibson clarified open house signs were not allowed to be placed on the Frontage Roads and 1-70 as they were under the purview of the state and federal government. Rogers clarified real estate agents were probably unaware of public right- of-way issues. Gibson emphasized, "We want to ensure they (realtors) are in fact advertising an open house event and not creating a defacto 'for sale' sign." Daly moved to approve the ordinance with Hitt seconding. During a pause for public comment Vail Board of Realtors representative Matt Fitzgerald spoke in support of the ordinance. Vail Homeowner's Association representative Jim Lamont said too many signs may create an image that the community is losing its value. The motion passed 5-1 with Cleveland opposed. Cleveland commented, "I think this is a solution looking for a problem." Rogers left the meeting. The ninth item on the agenda was the Second reading of Ordinance No. 22, Series of 2008, repealing and re-enacting Ordinance No. 6, Series of 2005, Vail Village Inn, amending and re-establishing the approved development plan for Phase III of Special Development District No. 6, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of an existing office and retail space to residential for an addition to an existing dwelling unit, located at 68 Meadow Drive/Lot O, Block 5D, Vail Village Filing 1. Planner Nicole Peterson announced that on December 2, 2008, Council tabled the item to the December 16, 2008 hearing. On November 4, 2008, Town Council tabled the item to the December 2, 2008, hearing and requested examples of public benefits in other developments. On October 21, 2008, Council voted 5-2-0 to approve, with conditions, Ordinance No. 22, Series of 2008, on first reading. On October 13, 2008, the PEC voted 2-1-1 (Kurz opposed, Pierce recused) to forward a recommendation of approval to Council for the proposed amendments for SDD No. 6, Vail Village Inn, Phase III. The applicant's legal representative Tim Devlin said his clients had proposed to provide 375 square feet of employee housing as opposed to the required124. A lift to provide access for the disabled and vendors was also included in the proposal. Gordon moved to approve the ordinance with Daly seconding. Gordon commented, "I now feel there is significant public benefit to this project." The motion passed, 4-1 with Cleveland opposed. Cleveland commented he did not feel like the proposal was consistent with the Vail Village Master Plan. The tenth item on the agenda was the Second Reading of Ordinance No. 30, Series of 2008, an Ordinance Amending Title 1, Chapter 3, Section 2 of the Vail Town Code by the Addition of the Definition of the Word "Publication." Town Attorney Matt Mire reported the 2009 budget passed on second reading on November 18, 2008. This 2009 budget eliminated funding for publication in the local papers. Section 4.10 of the Town Charter requires publication of ordinances upon their introduction and adoption. The Town Charter does not define what is required by "publication." In 2007, the Town spent $19,693 for publication of its ordinances in the Vail Daily, requiring the Town Clerk to increase the office advertising budget during the third supplemental appropriation by an additional $12,000. The Town Clerk has currently spent approximately $19,500 of the 2008 budget on publication of ordinances. Daly said he believed there should be an ordinance mandating that the town's agendas should be published in the newspaper. He then moved to approve the ordinance with Gordon seconding. Hitt and Foley said they thought the ordinance was premature. The motion failed 3-2, with Hitt and Foley opposed. (Four votes, or a majority of the full Council is required to pass an ordinance on seconding reading as per Town Code.) Gordon then moved to table the item until January 6, 2009, with Daly seconding. The motion passed 3-2 with Foley and Hitt opposed. The eleventh item on the agenda was an Approval of Resolution No. 27, Series of 2008Vail Economic Development Strategic Plan. The Vail Economic Advisory Council (VEAC) and Town of Vail, represented by Town of Vail Economic Development Manager Kelli McDonald requested Council perform a final review of Resolution No. 27, Series of 2008, for the adoption of the Vail Economic Development Strategic Plan. In order to facilitate the implementation of the adopted vision and goals, Council requested a Vail Economic Development Strategic Plan. Council approved the vision, mission and goals of the strategic plan on July 15, 2008. The creation of the plan has been spearheaded by the Economic Development Department and the Vail Economic Advisory Council, with the assistance of the major contributors listed in the plan. The process to complete the Economic Development Strategic Plan involved the following: • An inventory of Vail economic, financial, marketing, and closely related studies, reports and plans. • A SWOT (Strengths, Weaknesses, Opportunities, Threats) Analysis conducted by the Vail Economic Advisory Council.' • Research and gathering of similar community economic development studies, plans and tools. (Special thank you to the communities of Breckenridge, Park City and Steamboat Springs). • A thorough analysis of the inventory to determine the long-term implications of such data. • A creative interpolation of the vision and goals adopted by the community and Council, combined with the inventory, research and analysis, to create a realistic and achievable Economic Development Strategic Plan for the Town of Vail. • Vision, mission and goals approved by Vail Town Council July 15, 2008. • Adopted by Vail Economic Advisory Council November 11, 2008. • Presented to Commission on Special Events November 18, 2008. • Presented to Vail Local Marketing District Advisory Council November 20, 2008. • Presented to Planning and Environmental Commission November 24, 2008. • Presented to Town of Vail Directors Staff December 4, 2008. Daly said he wanted the VEAC to really become an active component of keeping Vail competitive in the global market. During a pause for public comment, Kaye Ferry reminded Council that a recent Northwest Colorado Council of Governments study showed second homeowners were the largest economic drivers in resort communities. Daly moved to approve the resolution with Gordon seconding. McDonald reported Council would receive their first "economic indicator" report before the end of the first quarter in 2009. The motion passed unanimously, 5-0. The twelfth item on the agenda was Adjournment. Foley moved to adjourn with Hitt seconding at approximately 9:15 p.m. The motion passed unanimously, 5-0. O�•N OF � .•' �`�.. `: Dick Cleveland, Mayor ATTEST:" Y 6 OVA�v =/ Lorelei Donaldson,.Clerk 7