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HomeMy WebLinkAbout2009-02-17 Town Council MinutesVail Town Council Meeting Minutes Tuesday, February 17, 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 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. Gordon encouraged Council to not engage those who chose to use the opportunity for citizen input. Vail Citizens for Action representative Kent Logan commended Council for making difficult budget decisions. Of the current recession he commented, "This is nothing short of the biggest challenge since the founding of the town in the 1960's... The Vail of 2012 will be demonstrably different than the Vail we left in 2007... Our group recommends you (Council) expand and mandate a professionally guided marketing program... This is about saving jobs and saving small business." Former Vail Councilmember Greg Moffet thanked Council for their service and offered his help making difficult decisions. Vail Local Marketing District Advisory Council (VLMDAC) representative Beth Slifer spoke in support of utilizing James Chung to develop a comprehensive marketing strategy. Daly recommended heavily involving the VLMDAC in planning for future marketing efforts. He then said Vail has stayed ahead of its competitors and must continue to work to do so. "We must aggressively protect our market in these challenging times." Hummers of Vail owner Jonathan Levine spoke in support of the skier drop-off location on Hanson Ranch Road. He then expressed concern about "scab" taxi companies operating on the Vail Village Transportation Center. Vail Homeowner's Association representative Jim Lamont encouraged further use of video surveillance equipment to monitor traffic throughout Vail. Local business owner Lou Meskimen thanked the town for superbly maintaining local streets during periods of heavy snowfall. The second item on the agenda was a Presentation of a 30 year award to Buck Allen, Vail's Municipal Court Judge. Cleveland Introduced Vail Municipal Judge Buck Allen and thanked him for his 30 years of service to the town. Allen thanked the community for allowing him to serve for so long. The third item on the agenda was the Town Manager's Report. Loading and Delivery Update. Police Operations Commander Susan Douglas said the recently opened Mountain Plaza loading docks have been very successful (averaging 12-16 delivery trucks per day). She also said that efforts to limit delivery vehicles on Gore Creek Drive have been successful. The next loading and delivery meeting is scheduled for March 2. "This will be another opportunity where we will continue to evaluate our progress." Cleveland clarified a twenty foot truck length limit has lowered complaints coming from the Hanson Ranch Road area. United States Postal Service representative James Armstrong said utilizing Mountain Plaza loading and delivery has extended the time required to deliver mail in Vail Village. "It's the same for UPS... It's the same for FedEx... The Post Office is really truly not happy with this... We have regulations that prevent us from continuing this type of delivery." Cleveland told Armstrong to attend the next Loading and Delivery meeting. The fourth item on the agenda was a request for direction from the Vail Town Council on how to proceed with the South Frontage Road relocation application as it relates to use of Town -owned right-of-way or a roadway easement. Due to a predetermined conflict (Vail Resorts affiliation) Gordon recused himself from the item and left the Council Chambers. Vail Resorts Development Company (VRDC), the applicant, is proposing to relocate a portion of the South Frontage Road to facilitate the redevelopment of West LionsHead. The Colorado Department of Transportation (CDOT) requires that the Town of Vail submits the relocation application on behalf of VRDC. Prior to submitting the application to CDOT, however, the Town of Vail must approve the relocation application. The Town staff and the applicant have been actively preparing the relocation application to submit to CDOT. Community Development Director George Ruther asked Council to provide staff with direction on how they wished to proceed with the South Frontage Road relocation application (i.e., town -owned right- of-way or easement). On January 20, 2009, Council heard a work session presentation on the proposed South Frontage Road relocation application. An outcome of the work session was a request by Council for staff to prepare a list of potential pros and cons associated with locating the South Frontage Road within a right-of-way or within an easement. Staff recommended the Council direct staff to prepare the South Frontage Road relocation application utilizing a town -owned right-of-way for the proposed road improvements. VRDC representative Dominic Mauriello said he was ambivalent if the town required a right-of-way or easement. Daly moved to continue to pursue the project with a town -owned right-of-way. Foley seconded the motion. During a pause for public comment local attorney Dan Wolfe said if the project was approved, at least five local businesses will be forced to relocate. Daly clarified Wolfe's clients preferred Vail Resorts engage the long term tenants (of the Vail Professional Building) and preferably not move the building. The motion passed unanimously, 6-0. The fifth item on the agenda was Ordinance No. 2, Series of 2009, an Ordinance Amending Title 6, Chapter 3, of the Vail Town Code Regarding the Offense of Disturbing the Peace in the Town of Vail. Text messaging and email have become a regular and consistent form of media and communication in the United States and elsewhere. This kind of communication can be abused and used for the purpose of harassing others. This type of harassment is already prohibited by Colorado State Statute. Rogers moved to approve the ordinance with Foley seconding. The motion passed unanimously, 7-0. The sixth item on the agenda was the 2009 Budget Adjustments; First Reading of Ordinance No. 5, Series 2009, an ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, and Heavy Equipment Fund of the 2009 Budget for the Town of Vail, Colorado. Budget and Financial Reporting Manager Kathleen Halloran said that due to a decline in construction and concern with sales tax revenue, the Town Manager is proposing adjustments to the 2009 Budget which was passed on November 18, 2008. This budget adjustment will decrease the town's budget by a total of $1.4 million, with nearly $1 million coming from the General Fund. Rogers said she appreciated staff being on top of the economic crisis. Daly said the issue would be reviewed again in June. Foley questioned reducing the Commission on Special Event (CSE) budget. "I can't support the supplemental cut to the CSE." Gordon also expressed concern about the CSE recommendation. He then asked if a Dobson Arena roof replacement could be deferred. Gordon moved to approve the ordinance although leaving CSE unchanged with Hitt seconding. Rogers encouraged staff to continue pursuing revenue enhancements. The motion passed unanimously. CSE Coordinator Sybill Navas said the CSE would continue to look after the overall interest of the town. During a pause for public comment Lou Meskimen spoke in support of continued funding for the CSE. He did say Street Beat did not contribute to his business on Gore Creek Drive. Vail Chamber and Business Association (VCBA) representative Joyce Gedelman spoke in support of continued CSE funding. "Our commitment is to the Vail business community and to draw people into town." Foley thanked staff for their diligent and proactive efforts shoring up the town's budgets. The motion passed 6-1, with Cleveland opposed. Cleveland stated he thought the town's special events could withstand a small reduction in funding. The seventh item on the agenda was the First Reading of Ordinance No. 6, Series of 2009, an ordinance amending Section 12-7H-3, Permitted and Conditional Uses; and Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to allow business offices and professional offices as conditional uses on the first floor in the LionsHead Mixed Use-1 District. On February 9, 2009, the PEC forwarded a recommendation of denial to the Vail Town Council of Ordinance No. 6, 2009. This proposal would facilitate temporary business offices being permanently located on the first floor of the Treetops and Concert Hall Plaza buildings. This proposal could also facilitate new first floor offices throughout the entire LionsHead area. During a pause for public comment applicant representative Ross Davis said his goal was to encourage a long-term conditional use for offices in the Tree Tops building. Gordon clarified the ordinance would allow any first floor location in LionsHead to apply for office space as a conditional use. Kaye Ferry spoke in support of maintaining all first floors in town as retail. "Our temptation to want to make these changes during this economy is going to be great." Vail Homeowner's Association representative Jim Lamont spoke in support of the ground floor remaining retail. Treetops property manager Jeff Brown said a number of businesses have gone in an out of the building and the location has never been good for retail. Lou Meskiman said the Treetops building has historically been a "death zone" for retail. Ghiqui Hoffman asked if Treetops would be a better retail location if the LionsHead parking structure was redeveloped. Treetops Building owner Michael Hecht spoke in support of allowing offices in the building. Gordon asked if staff has thought of other solutions for this building. Rogers commented, "I refuse to believe we can't get creative about his and come up with a way to make this building not be part of the commercial core of LionsHead." Rogers moved to deny the proposed ordinance with Gordon seconding. Newbury said she believed it was not up to the town to come up with a creative solution to make the space viable. Cleveland said, "Our responsibility is up to the entire community, not just a single building. I really question directing staff to find a creative way to make a building economically viable." The motion failed 2-5, with a motion from Rogers and Gordon seconding. Newbury then moved to uphold the PEC recommendation with Daly seconding. The motion passed 5-2, with Rogers and Gordon opposed. The eighth item on the agenda was the Second reading of Ordinance No. 4, Series of 2009, an ordinance amending Chapter 5-1, Public Nuisances, to minimize the potential negative effects of construction work lighting. On February 3, 2009, the Town Council approved the first reading of Ordinance No. 4, Series of 2009, by a vote of 6-0-0. Rogers moved to approve the ordinance with Daly seconding. The motion passed 7-0. The ninth item on the agenda was Adjournment. Newbury moved to adjourn with Foley seconding at approximately &15 p.m. The motion passed unanimously, 7-0. Dick Cleveland, Mayor ATTEST: 4 �1 Lorelei Donaldson, Town Clerk 4