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HomeMy WebLinkAbout2009-06-16 Town Council MinutesVail Town Council Meeting Minutes Tuesday, June 16 2009 6:00 P.M. Vail Town Council Chambers 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 regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. The first item on the agenda was Citizen Input. Joe Staufer, Paul Johnston and Herman Staufer spoke in support of Vail Resorts operating the Vista Bahn during the summer. Former Mayor Bob Armour encouraged Council to raft Gore Creek so as to better view stream tract encroachments. The second item on the agenda was a presentation of certificate of appreciation to Tom DuBois. Cleveland presented Tom DuBois with a certificate of appreciation for serving seven years on the Board of Fire and Building Codes. The third item on the agenda was the Town Manager's Report. a. Update on activities at Mountain Plaza. Gordon clarified nothing was done to enhance Vail Village pedestrian traffic when the Vista Bahn was closed during its terminal relocation (2007). Daly spoke in support of Vail Resorts operating the Vista Bahn during the upcoming summer. "Anything we can do to enhance the Vail Village experience will be most appreciated." The fourth item on the agenda was a recommendation from the Vail Local Housing Authority (VLHA) on a development team to construct two employee housing units on the Town of Vail owned lot at 2657 Arosa Drive. Listen to the VLHA's presentation and move forward with their recommended development team for the construction of the Arosa Drive duplex. On May 5, 2009, the Vail Town Council directed staff to issue a Request for Proposals (RFP) for the construction of a deed restricted employee housing duplex at 2657 Arosa Drive. On May 21, 2009, the town received fourteen (14) responses to the RFP. Based upon review of the proposals the VLHA invited six (6) teams in for interviews. Following the interviews the VLHA requested additional information or clarification from Gregg & Co, JL Viele Construction, and Vail Custom Builders. The Vail Local Housing Authority recommended Council affirm the policy and development team. Viele Construction representative, David Viele confirmed the proposal included two allowances. Hitt emphasized keeping the project affordable. Gordon moved to support the recommendation with Rogers seconding. Daly encouraged attempting to find buyers who may have 140% of average median income (AMI). "We are to focused on the 120% AMI and need more diversity in our affordable housing product." Cleveland echoed Daly's comments. During a pause for public comment, former Mayor Bob Armour asked if the property was purchased with Real Estate Transfer Tax funds (RETT) or from the General Fund. He then disagreed with the town donating the land. Sue Eukin spoke against developing the property. Arosa Drive property owner Dennis Sclaise spoke against the town donating the land. "Your'e giving $750,000 away to someone for free." Newbury emphasized the homeowners would be limited to three percent appreciation and the property would not be a "cash cow." The motion passed unanimously, 7-0. The fifth item on the agenda was a review of the LionsHead Transit Center Study Planning Level Themes. Town staff and the 4240 Architecture Design Team have developed planning level themed concepts for a LionsHead Transit Center. Town Engineer Tom Kassmel presented these planning level diagrams for discussion which allowed the team to continue to refine the project direction and begin to bring the planning themes to a conceptual plan level. Many planning level ideas have direct impacts on the existing parking structure and the LionsHead Master Plan design concepts. The team was looking for preliminary feedback to confirm direction or provide additional direction. 4240 representatives Tom Braun and Lou Beeker provided Council with preliminary concepts. Rogers commented, "I'm overwhelmed by the amount of work you have put into this...I am extremely impressed. Foley encouraged the group to continue to seek input from the adjacent property owners. During a pause for public comment, Sue Eukin spoke against any tunneling ideas. 4240 was then asked to develop cost thresholds to be used in the development of three alternatives for additional review. The sixth item on the agenda was a Timber Ridge Redevelopment - Request for extension of time for pre -development negotiation. Town Manager Stan Zemler asked Council to extend the time period for staff to continue due diligence and conduct pre -development negotiations with Vail Timber Ridge, LLC. On May 5, 2009, Council directed staff to continue the due diligence process and begin a 60-day pre -development negotiation with Vail Timber Ridge, LLC. The 60-day period 2 ends on Saturday, July 4. Daly moved to extend the negotiation time period until July 21 with Rogers seconding. The motion passed unanimously, 7-0. The seventh item on the agenda was the First reading of Ordinance No. 14, Series of 2009, An Ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund, and Heavy Equipment Fund of the 2009 Budget for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations. Budget and Financial Reporting Manager Kathleen Halloran emphasized the town would continue to focus on maintaining a premier resort experience. Newbury moved to approve the ordinance with Foley seconding. The motion passed 5-2, with Hitt and Cleveland opposed. The eighth item on the agenda was the First Reading of Ordinance No. 16, Series of 2009, an Ordinance Amending Title 6, Chapter 3, Article C of the Vail Town Code by the Addition of a New Subsection, Entitled "Drug Paraphernalia. Town Attorney Matt Mire informed Council that the crime of possession of drug paraphernalia within the town is of paramount concern and efficient police regulation of such a crime would preserve the general welfare of the citizens of the town. The use of drug paraphernalia is already prohibited by Colorado State Statute. Municipal Judge Buck Allen explained the ordinance would create greater efficiency for police officers as they would not have to travel to Eagle County Combined Courts to serve as witness to the crime. The town would subsequently receive the $100 fine as opposed to the Eagle County. Daly moved to approve the ordinance with Foley seconding. Rogers expressed concern would make the possession of drug paraphernalia an independent crime. Hitt said the ordinance strayed from current national trends. Cleveland emphasized the law was already in place in Colorado (via Colorado Revised Statutes) and would allow the town to provide services more efficiently. Gordon said he couldn't vote to confirm what he thinks is already bad law. The motion failed 5-2, with Cleveland and Daly voting in favor. The ninth item on the agenda was the Second Reading of an Ordinance Defining Electronic Personal Assistive Mobility Device ("EPAMD"); Establishing Regulations Regarding the Operation of Such Devices in the Town of Vail. On June 2, 2009, Council passed Ordinance No. 15, Series of 2009 with amendments on First Reading. Daly moved to approve the ordinance with Hitt seconding. During a pause for public comment, Ted Martin asked that Trikkes be allowed on the recreation path as well as EPAMD's. Council agreed they did not believe Trikkes were compatible with the use of the recreation path and emphasized the allowance of EPAMD's was only being allowed on a trial basis. The motion passed 6-1, with Gordon opposed. The tenth item on the agenda was the Second reading of Ordinance No. 12, Series of 2009, an ordinance establishing Special Development District No. 41, the Vail Row Houses, pursuant to Article 12-9A, Special Development (SDD) District, Vail Town Code. On June 2, 2009, the Town Council approved the first reading of Ordinance No. 12, Series of 2009, with modifications, by a vote of 5-2-0 (Cleveland and Hitt opposed). 3 The PEC recommended Council approve, on second reading, Ordinance No. 12, Series of 2009, an ordinance establishing SDD No. 41, the Vail Row Houses, pursuant to Article 12-9A, SDD, Vail Town Code. Applicant representative Kyle Webb said four of the units had pre-existing snowmelt systems (all 95% or better efficient). Vail Town House Condominium Association manager Dale Bugby said he believed the $70,000 Art in Public Places contribution (offered as a public benefit) was a bribe. Rogers said in order to balance the benefit the homeowners would receive from approval of the ordinance there had to a public benefit. Applicant representative Dominic Mauriello asked for language identifying where the art would be located. Lamont said Staub Park (adjacent to the property) badly needed the public art contribution. He then questioned public notice requirements as adjacent property owners may not have been adequately noticed. Michael Caccioppo spoke in support of the ordinance. Daly moved to approve the ordinance with Kim seconding. The motion failed 4-3, with Rogers, Daly and Newbury voting in favor. The eleventh item on the agenda was Resolution No. 18, Series of 2009, a resolution to amend the Special Business Promotion Permit. On February 19, 2008, the Vail Town Council approved resolution No. 3, Series of 2008, which established the Special Business Promotion Permit Guidelines. The purpose of the Special Business Promotion Permit is to allow individual businesses to have a special event with the broader purpose of improving economic vitality within the Town of Vail. In 2008, three (3) permits were issued, and thus far in 2009, seven (7) permits have been issued to Vail businesses. Examples of events include grand openings, artist events, business marketing and real estate events. Staff is proposing to amend the Special Business Promotion Permit Guidelines in order to expand the types of events that would qualify, provide clarity and update dates, as follows: 1. Allow for events that benefit non -profits in lieu of a public activity. 2. Examples are being added to provide clarification. 3. Addition of language to remind vendors that they can contact special event producers directly to participate in other special events. 4. Change of restriction dates to reflect adoption through 2012. 5. Additional language regarding insurance requirements. Hitt moved to approve the resolution with Newbury seconding. The motion passed unanimously, 7-0. The twelfth item on the agenda was Resolution No. 19, Series of 2009, a Resolution Approving an Intergovernmental Agreement Between the Town of Vail, Colorado and the State of Colorado Department of Public Health and Environment Regarding the Authorization to Provide Community Consumer Protection Services The Town of Vail and the Colorado Department of Public Health and Environment wish to enter into an Intergovernmental Agreement authorizing the Town to provide community consumer protection services, including but not limited to the regulation of retail food establishments, schools, child care centers, summer camps, campgrounds, motels and hotels. Foley moved to approve the resolution with Rogers seconding. The motion passed unanimously, 7-0. The thirteenth item on the agenda was Adjournment. 0 Newbury moved to adjourn with Foley seconding at approximately 9:30 p.m.. The motion passed unanimously, 7-0. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk