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HomeMy WebLinkAbout2008-01-08 Town Council MinutesVail Town Council Meeting Minutes Tuesday, January 8, 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 Andy Daly Mark Gordon Farrow Hitt Kevin Foley Kim Newbury Not present: Margaret Rogers Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Asst. Town Manager The first item on the agenda was Citizen Input. Billy Suarez, owner of Billy's Island Grill in LionsHead, asked the town to consider the return of a tree lighting ceremony in LionsHead for the 2008-09 holiday season. He then said delivery trucks were being ticketed more than usual on West LionsHead Circle. Representing homeowners on Bald Mountain Road, Barbie Christopher spoke in opposition to proposed changes in sand storage near the area. Cleveland explained the issue had been reviewed during the work session and neighborhood concerns had been addressed. Speaking on the same matter, resident Bob Ruder stated, "It's a community and we would like to protect it." Paul Rondeau asked for proactive transparency in regard to the town's reporting of property tax collections. Dick Cleveland called for a moment of silence for the recent passing of Pete Burnett, a 24-year employee of the town and its first Street & Roads Superintendent. The second item on the agenda was the Consent Agenda. Approval of 12.04.07, 12.11.07 & 12.18.07 Town Council Meeting Minutes Newbury moved to approve the consent agenda with Foley seconding. The motion passed unanimously, 6-0. The third item on the agenda was the Town Manager's Report. • Introduction of Fire Chief Mark Miller. Zemler introduced the new Fire Chief Mark Miller. While addressing Council, Miller said, "I'm driven by change and challenges and there is plenty of that here." He then thanked Police Chief Dwight Henninger for his efforts as acting Fire Chief. Zemler also said he was greatly appreciative of Henninger's efforts as the Acting Fire Chief. • Revenue Update. Finance Director Judy Camp announced when all sales tax returns are received for the month of November, collections for the month are expected to be $744,321, down 7% from November 2006. If so, this will be the first month since June 2006 to register a year -over -year decline. November 2007 lacked snow and decreases in sales tax revenue were evident in all segments of the town's economy. Year-to-date collections estimated at $16.0 million, however, continue to exceed last year's year-to-date by 6.5%. For comparison, inflation as measured by the consumer price index was up 4.3% in November compared with the prior year. Construction permit revenue, which can be considered an indicator of redevelopment activity, continues its strong trend with year-to- date construction permit fees of $2.9 million through December 31, 2007, up 44% from the same period last year. Year-to-date permit fees include $2.2 million from major construction projects: 9 Vail Road, the Arrabelle at Vail Square, Cascade Hotel and Residences, Forest Place, Four Seasons, Front Door, the Landmark, Lodge at LionsHead, Manor Vail, Mountain View (formerly Apollo Park), Ritz Carlton, Solaris, Vail Plaza Hotel, Westhaven Condominiums, and The Willows. Construction permit revenue from major projects exceeds last year's revenue from that segment by 79%, while all other projects contributed 11% less than in 2006. Construction permit fees include building, electrical, mechanical, plumbing and sprinkler permits. A record $1.2 million in recreational amenities fees was collected in 2007, compared with $117,501 for the full year 2006. Contributing to this year's high revenue number are Cascade Residences, Four Seasons, Mountain View, Ritz Carlton Residences, Solaris and The Willows. Recreational amenities fees are applied to new residential square footage and deposited to the Real Estate Transfer Tax Fund (RETT) to be used for open space, parks, recreation, and environmental sustainability. With the majority of 2007 transactions recorded, year-to-date RETT collections through December 31, 2007, total $6.2 million with over $1 million received in December. As of today, RETT collections for 2007 are essentially the same as full year 2006; however, some remittances for 2007 transactions may still be in process. Major redevelopment projects including Forest Place, Gore Creek Place, Manor Vail, One Willow Bridge Road, Vail Plaza Hotel, and Westhaven at Cascade Village contributed $1.9 million or 31% of the total in 2007 while only $844,500 or 14% of the total in 2006 consisted of major redevelopment projects. Meanwhile, Real Estate Transfer Tax (RETT) collections from property transfers not related to major redevelopment projects dropped by 21 % in 2007 compared with 2006. • $4.3 million Vail Resorts Parking Obligation. Mire reported the parking commitment from Vail Resorts has no expiration date. 0 Update on Emergency Traffic Management. Police Chief Dwight Henninger reported during a recent Interstate 70 closure, 150 stranded motorists were housed in four shelters throughout Eagle County. He then thanked all those who helped with assisting those stranded motorists. Henninger explained Vail is impacted by the decision making of two separate CDOT regions. "They do not always communicate in a synchronized manner... This was a worst case scenario for timing and timing of the year." Cleveland said it may be incumbent upon Council to enhance cooperation and communication with CDOT. During a pause for public comment, Billy Suarez complimented the Police Department for its efforts during the storm. Henninger encouraged local residents to sign up at www.ecalert.org for text messages relating to local emergency matters. Zemler reported the computer system in the Vail Village and LionsHead parking structure has experienced a malfunction which caused multiple credit card charges for the same transaction. He said the town is taking steps to reimburse customers for the excess charges as well as any penalties incurred. A system bypass has been installed to prevent future duplicate charges. He said the Town of Vail apologies for the inconvenience and wishes to thank everyone for his or her patience. The fourth 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 variance request from Section 12-6C- 6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an addition within the west side yard setback, located at 2570 Bald Mountain Road/Lot 33, Block 2, Vail Village Filing 13. Community Development Director George Ruther explained that on November 12, 2007, the PEC denied the appellant's request for a variance from the setback standards at 2570 Bald Mountain Road by a vote of 7-0-0. On December 3, 2007, the appellant filed an appeal of the PEC's decision. Pursuant to Sub -section 12-3-3-C-3, Vail Town Code, "...A hearing shall be schedule to be heard before the Town Council on the appeal within forty (40) calendar days of the appeal being filed. The Town Council may grant a continuance to allow the parties additional time to obtain information. The continuance shall be allowed for a period not to exceed an additional thirty (30) calendar days..." The appellant requested a continuance for this appeal. Newbury moved to table the item until February 5, 2008 with Gordon seconding. The motion passed unanimously, 6-0. The fifth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail PIEC's approval, with conditions, of a request for a final review of a conditional use permit, pursuant to Section 12-71-1-4, Permitted and Conditional Uses, Second Floor and Above, Vail Town Code, to allow for a business office (real estate office) located at 714 West Lionshead Circle (Vail Marriott Mountain Resort and Spa)/Lot 1, West Day Subdivision. Due to a predetermined conflict of interest (Vail Resorts affiliation), Gordon recused himself from the item and left the Council Chambers. Planner Nicole Peterson announced that on November 26, 2007, the PEC approved, with conditions, a request for a final review of a conditional use permit, pursuant to Section 12-71-1-4, Permitted and Conditional Uses, Second Floor and Above, Vail Town Code, to allow for a business office (real estate office) located at 714 West Lionshead Circle (Vail Marriott Mountain Resort and Spa), by a vote of 5-0-1 (Viele recused). On December 4, 2007, Council 3 "called -up" (i.e. appealed) the PEC's action by a vote of 5-1-1 (Rogers opposed, Gordon recused), due to a concern regarding the temporary loss of two accommodation units within the LMU-1 Zone District. Representing the applicant, Robert Foss asked for approval on the matter. Daly moved to uphold the decision of the planning commission approving the conditional use permit with the additional condition of an annual payment of $3,300 per year to mitigate for lost sales tax with Foley seconding. Chief of Planning Warren Campbell reported a full-size Ritz -Carlton model unit was built inside the former Blockbuster space. Newbury said she would be voting against the item as it did not coincide with the LionsHead Redevelopment Master Plan (No net loss of accommodation units). Foley said he did not believe a real estate office belonged on the sixth floor of a hotel. The motion passed 3-2, with Foley and Newbury opposed. The sixth item on the agenda was the Second 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." On December 18, 2007, Council approved Ordinance No. 39, Series of 2007, on first reading by a vote of 7-0-0. Newbury moved to approve the ordinance with Daly seconding. The motion passed unanimously, 6-0. The seventh item on the agenda was the Second reading of Ordinance No. 40, Series of 2007, an ordinance approving a major amendment to a SDD, pursuant to Section 12- 9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to SDD 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 5t' Filing (PEC07-0038). Planner Scot Hunn announced that on November 26, 2007, the Town of Vail PEC held a public hearing on a request for a major amendment to SDD No. 17, Rams -Horn Lodge Condominiums, to allow for the remodel and addition to the Rams -Horn Lodge building. 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. Newbury moved to approve the ordinance with Gordon seconding. The motion passed unanimously, 6-0. The eighth item on the agenda was the Second Reading of Ordinance No. 41, Series of 2007, an ordinance repealing and re-enacting Ordinance No. 24, Series of 2004, establishing SDDNo. 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 SDD No. 38, Manor Vail. The purpose of the major amendment is to reduce the maximum number of allowable dwelling units from 139 to 138 dwelling units, located at 595 Vail Valley Drive (Manor Vail Condominiums)/Lots A, B, & C, Vail Village Filing 7. Upon review of the request, the PEC voted 6-0-0 to forward a recommendation 4 of approval of the request to amend SDD No. 38, Manor Vail, to Council. On December 18, 2007, Council unanimously voted to approve Ordinance No. 41, Series of 2007, upon first reading. Hitt moved to approve the ordinance with Daly seconding. The motion passed unanimously, 6-0. The ninth item on the agenda was the Second 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. 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. Newbury moved to approve the ordinance with Foley seconding. The motion passed unanimously, 6-0. The tenth item on the agenda was the Second reading of Ordinance No. 43, Series 2007. An Ordinance Amending Title 7, Chapter 3, Vail Town Code, Regarding Parking Infractions. Mire explained the ordinance provided certain text amendments to the Vail Town Code relating to the town's parking regulations that were necessary to more effectively enforce current parking policies. Daly moved to approve the ordinance with Newbury seconding. The motion passed unanimously, 6-0. The eleventh item on the agenda was Resolution No. 1, Series of 2008, a resolution designating a public place within the Town of Vail for the posting of notice for public meetings of the Vail Town Council, Planning and Environmental Commission, Design Review Board, 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. Newbury moved to approve the resolution with Daly seconding. The motion passed unanimously, 6-0. The twelfth item on the agenda was Adjournment. Newbury moved to adjourn with Foley seconding at 7:15 p.m. The motion passed unanimously, 6-0. �� tL Dick Cleveland, Mayor ATTEST: �r Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher.