HomeMy WebLinkAbout2009-05-19 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, May 19, 2009
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
Kevin Foley
Margaret Rogers
Andy Daly
Farrow Hitt
Kim Newbury
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Input.
There was none.
The second item on the agenda was a Eagle County Assessor Update.
Eagle County Assessor Mark Chapin reported in Colorado the county assessor must
reevaluate property in every odd year. He explained home sales volume (single family
as well as multi -family) is currently down 80% from one year ago. Chapin continued by
explaining there is a five to twenty percent decline in the market place where sales are
taking place. "We are unable to change any property evaluations made after June 20,
2008." Hitt asked what could be done to make assessed values reflect the current
economic climate. Chapin responded, "There is no avenue." During a pause for public
comment, Paul Rondeau asked when the 5'/2% property tax escalation limit was put into
place.
The third item on the agenda was the Town Manager's Report.
There was none.
The fourth item on the agenda was the Consent Agenda.
a. Approve 04.07.09 & 04.21.09 Town Council Minutes.
Foley moved to approve the minutes with minor amendments with Daly seconding. The
motion passed unanimously, 7-0.
The fifth item on the agenda was a Presentation on the Sustainable Design Assessment
Team (SDAT) grant award and process in the Eagle River Valley.
Bertuglia asked Council to support and participate in the SDAT review process, and
consider recommendations when results of the assessment are presented in September
2009. The Colorado West Chapter of the American Institute of Architects (AIA) received
a grant in the amount of $15,000 from the AIA National division for a Sustainable Design
Assessment Team (SDAT) review of the Eagle River Valley. The study area includes
East Vail to Dotsero, Minturn, Red Cliff and the metro districts of Beaver Creek, Bachelor
Gulch, and Cordillera. Bertuglia currently serves on the steering committee for the
SDAT, and will assist with coordinating municipal leaders' participation to option
feedback throughout the process. The University of Colorado's Center for Sustainable
Urbanism will assist with follow up on the implementation of results of the SDAT team's
efforts. The SDAT program focuses on the importance of developing sustainable
communities through design. The mission of the SDAT program is to provide technical
assistance and process expertise to help communities develop a vision and framework
for a sustainable future. AIA Colorado West representative Chris Green explained the
goals and parameters of the program. He then asked for Council support and active
town participation in the project.
The sixth item on the agenda was the First reading of Ordinance No.7, Series 2009, an
ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, and amending
Special Development District (SDD) No. 39, Crossroads.
On March 9, 2009, the PEC held a public hearing on a request for a major amendment
to SDD, No. 39, Crossroads. The purpose of the major amendment is to increase the
maximum allowable number of dwelling units from 77 to 78. Upon review of the request,
the PEC voted 6-1-0 (Pierce opposed) to forward a recommendation of approval of the
request to Council. On March 17, 2009, Council tabled the first reading of Ordinance No.
7, Series of 2009, at the applicant's request to the April 21, 2009, public hearing. On
April 21, 2009, Council tabled this item to the May 19, 2009, public hearing. Applicant
representative Dominic Mauriello explained the space currently slated as a retail location
would not function well for that purpose. Rogers moved to approve the ordinance with
Newbury seconding. Rogers commented, "I don't believe the space works as a
commercial space." Campbell and Mire explained there were operating covenants in
regard to the movie theater and bowling alley proposed to be located in the structure.
Daly clarified the ordinance would add no public benefits. Newbury noted a retail to
residential conversion was recently approved in the Vail Village Inn. Cleveland said,
"The current financial situation is not a criteria for any anything we are being asked to
do... I think it would be a perfect spot for a restaurant." The motion passed, 4-3 with
Daly, Foley and Cleveland opposed.
The seventh item on the agenda was the First reading of Ordinance No. 13, Series of
2009, an ordinance amending the approved development plan for Phase IV of SDD No.
6, Vail Village Inn, pursuant to Article 12-9A-10.
Planner Bill Gibson asked Council to consider Ordinance No. 13, Series of 2009, an
ordinance amending the approved development plan for Phase IV of Special
Development District No. 6, Vail Village Inn, pursuant to Article 12-9A-10, Amendment
Procedures, Vail Town Code, to allow for the conversion of two existing fractional fee
club units to dwelling units and the conversion of one dwelling unit to a fractional fee club
unit, located at 16 Vail Road (Vail Plaza Hotel) / a portion of Lots M, N, and O, Block 5D,
Vail Village Filing 1.The PEC held public hearings to discuss this request on April 27 and
May 11, 2009. On May 11, 2009, the Planning and Environmental Commission voted 7-
0-0 to forward a recommendation of approval. The applicant, Waldir Prado said the
penthouse in the building would not be finished and is currently uninhabitable. "At this
point there is no demand for that ... The fact that it is not finished is not a negative but
rather a positive." Newbury moved to deny the ordinance with Cleveland seconding.
Applicant representative Connie Dorsey clarified where the proposed units were located,
both facing Vail Mountain. The units were the only units with no weeks sold. The
motion failed 2-5, with Newbury and Cleveland voting in favor. Gordon then moved to
uphold the PEC decision with Rogers seconding. During a pause for public comment, a
fractional unit owner, Robert Vogel, spoke against the ordinance. The motion passed 4-
3, with Cleveland, Foley and Newbury opposed.
The eighth item on the agenda was the Second Reading of Ordinance No. 10, Series of
2009 adopting a major amendment to Special Development District No. 2, Northwoods,
pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for a
lobby addition and locker reconfiguration; located at 600 Vail Valley Drive (Pinos Del
Norte, Building C)/Part of Tract B, Vail Village Filing 7.
On May 5, 2009 the Vail Town Council approved Ordinance No. 10, Series of 2009 on
first reading, by a vote of 6-0-0, based on criteria and findings in Section VII of Staffs
April 13, 2009, memorandum to the PEC, and evidence and testimony presented. On
April 13, 2009, the PEC forwarded a recommendation of approval, with conditions to the
Vail Town Council of Ordinance No. 10, Series of 2009, by a vote of 4-0-1 (Kjesbo
recused). Foley moved to approve the ordinance with Daly seconding. The motion
passed unanimously, 7-0.
The ninth item on the agenda was the Second reading of Ordinance No. 11, Series of
2009, an ordinance to amend Title 11, Sign Regulations, Vail Town Code, pursuant to
Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to establish
regulations for temporary building banner signs within the Town of Vail.
Planner Rachel Friede explained the applicant, the Vail Valley Foundation (VVF),
applied for a prescribed regulations amendment to Title 11, Sign Regulations, Vail Town
Code, in order to facilitate the use of large banners on buildings under construction to
advertise community events. On April 13, 2009, the PEC failed to pass a motion for a
recommendation of approval to the Vail Town Council (2-3-0, Kjesbo, Kurz, Lindall
opposed). Failure to pass a motion for a recommendation of approval is by default a
recommendation of denial to Council. On May 5, 2009, Council unanimously approved
Ordinance No. 11, Series of 2009 (6-0-0) with the following changes, which are reflected
in the ordinance language: 1. Maximum of five signs within the Town of Vail at any time
2. One sign per building 3. Ninety (90) day maximum per sign 4. Sign removal
maximum seven (7) days after event completion. Newbury moved to approve the
ordinance with Rogers seconding. VVF representative Scott Bluhm said the proposed
banner would be tastefully designed. The motion passed 6-1, with Hitt opposed. The
ordinance will expire on September 30, 2009.
The tenth item on the agenda was Resolution No. 14, a resolution approving the
increased fees in the provision of fire protection services out of town limits.
Town Council requested a review of fees charged for town services to assure the town's
costs are recovered. Fees currently charged do not recover the town's costs. The
proposed fee schedule increases fees to a level appropriate for 2009. Daly and Rogers
said the resolution meets the needs of the Fire Department as well as to the town. Daly
moved to approve the resolution with Rogers seconding. The motion passed
unanimously, 7-0.
The eleventh item on the agenda was Resolution No. 15, Series of 2009, a resolution
adopting an amended budget and making appropriations to pay the costs, expenses and
liabilities of the Vail Local Marketing District, for its fiscal year January 1, 2009 through
December 21, 2009 of 2009, adjusting the 2009 Vail.
Daly moved to approve the resolution with Newbury seconding. The motion passed 6-1,
with Foley opposed. Foley said he believed the VLMD should directly fund special
events and support the free operation of the gondola during the summers.
The twelfth item on the agenda was the Discussion of Resolution No. 16, Series of
2009, a Resolution Approving the Increase in the Fee Schedule for Vail Fire &
Emergency Services.
The Town has adopted the International Fire Code (the "Fire Code") under Title 10 of the
Town of Vail Municipal Code. The Fire Code provides that a fee be paid for each permit
in accordance with the schedule as established by the applicable governing authority.
Periodically such fees should be adjusted to reflect the cost of the provisions of such
services and to compensate for inflation. Daly moved to approve the resolution with
Rogers seconding. Foley clarified there would be a two hour minimum charge for
services. The motion passed unanimously, 7-0.
The thirteenth item on the agenda was Adjournment.
Foley moved to adjourn with Daly seconding at approximately. The motion passed
unanimously, 7-0.
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Dick Cleveland, Mayor
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Lorelei Donaldson, Town Clerk