HomeMy WebLinkAbout2010-11-02 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, November 2, 2010
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
Kerry Donovan
Kim Newbury
Margaret Rogers
Susie Tjossem
Members Absent: Andy Daly
Kevin Foley
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation. Axel Wilhelmson, Vail property
owner and business owner, stated he would like the Council to review the possibility of
the Council reviewing and expanding the use of the cameras in Vail. He said someone
broke into his retail store ten days ago and he would like the security cameras to be in
use for the public's wellbeing. He said he has a petition with approximately 100
signatures on it from citizens that would like the cameras to be used for security
purposes. Cleveland stated the Council will revisit the Council's decision to not use the
cameras for anything but loading and delivery. All five council members present raised
their hands to revisit their decision at a later date.
The second item on the agenda was the Town Manager's Report. Kathleen Halloran,
Budget Manager, reviewed the revenue update with the Town Council.
Judy Camp, Finance Director, updated the Council on the Vail Reinvestment Authority
(VRA) Bonds. She said the VRA will issue $11, 940,000 million dollars in tax revenue
bonds sold at a premium for redevelopment of the Lionshead projects as previously
discussed. She said all the bonds received an A3 rating, which is an upper medium
grade and the overall interest rate is 4.2% including all costs. Camp thanked Sherman
and Howard, Piper Jaffray and U.S. Bank personnel for all their help during this
process. Rogers thanked Camp and all other entities involved for their work on the
project.
Vail Town Council Meeting Minutes November 2, 2010
The third item on the agenda was first reading of Ordinance No. 17, Series of 2010
regarding the 2011 Town of Vail Budget.
Kathleen Halloran reviewed the 2011 town budget with the Town Council. She said the
budget is $59.7 million for the 2011 budget year. She said $35,000 for the West Vail fire
station staffing is out of the budget and was the only change from October 19, 2010,
council meeting. Halloran said the bridge reconstruction is for new road and bridge
projects. Tjossem discussed increasing funding for the Jazz Foundation and discussed
the Commission on Special Events (CSE) funding. Tjossem recommended the Jazz
Foundation receive funding of $45,000. She stated special events are an important
economic engine for Vail and they help stimulate the economy.
Mia Vlaar, representing the Jazz Foundation, said they have a 2011 budget that
includes an additional five concerts in July. She said if the town granted the Jazz
Foundation an additional $20,000, the foundation has a donor that would match the
donation up to $20,000. The matching donation is not for the original $30,000 that the
town funded. The foundation needs $66,750.00 to extend and add the additional five
concerts in July. Bill Suarez, representing Billy's Island Grill and the Vail Chamber and
Business Association, said the Thursday evening jazz concerts boosts the Lionshead
area economy tremendously. Rob Levine, representing the Antlers in Lionshead,
stated the jazz festival is an event that is consistent and is a good use of special event
dollars for the Lionshead area. Jim Lamont, representing the Vail Homeowner's
Association, stated the image of this endeavor brings a world class event into Vail.
Vlaar stated concerts would be added on June 30th, and July 4th, plus 10 free concerts
in 5 weeks will be added with 2 free concerts on Labor Day weekend. Newbury said
she would like to take the $20,000 out of the Marketing Fund (collected from the
business license fees) fund balance for the CSE. Cleveland said the fund is for projects
like this. Rogers stated this is a small amount for this particular event.
Tjossem made a motion to approve on first reading, Ordinance No. 17, Series of 2010,
for the 2011 budget with an amendment to increase the funding for the Vail Jazz
Foundation by $20,000 from the Marketing Fund surplus for a Town of Vail total
contribution at $50,000. Rogers seconded the motion.
Additional discussion was held regarding adding an additional $100,000 for special
events. Newbury said the town earmarked money for the Quizno's pro -cycling event
totaling $175,000. Donovan said part of the CSE goal is to get all the special event
applications at one time and she is concerned an additional process would be created if
additional funds were earmarked separately from the CSE funds. Jen Bruno, a member
of the CSE, said if the town is going to set aside funds, then the Council should give
back more money to the CSE.
Rogers made a motion to add $100,000 to the CSE fund account. She feels the CSE
has been underfunded and is comfortable with the finance department projections.
Vail Town Council Meeting Minutes November 2, 2010 2
Adam Sutner, representing Vail Resorts (VRI), said VRI has upped their investment in
Vail for special events. Rich Ten Braak, of the VCBA, stated the more money given to
the CSE the better. There is not one event that is a silver bullet but it helps all across
the board.
Tjossem amended her motion to add $100,000 to the CSE budget, seconded by
Rogers. Donovan said she was on the CSE and she is not comfortable adding
$100,000 without knowing the impacts. Halloran said she is concerned about the
sustainability of this funding level in future years.
Zemler said he wants clarification that this is a one time infusion of funds. Donovan is
concerned that second year events may be an issue. Tjossem said there are other
conversations out there and the sponsorship atmosphere has to improve. Cleveland
said originally seed money for events was proposed and then the events would be self
sustaining. Cleveland said he will not support adding another $100,000 to the CSE
without having a discussion on how they fund events. Tjossem said the CSE has a
score card on evaluating each event. Newbury is not comfortable amending the budget
by $100,000 to fund the CSE. She said she can't support the proposal tonight and it's
premature. Cleveland said they should set aside the $75,000 separately for the bike
race.
Tjossem said she will remove the original motion and Rogers also removed her motion
seconding the original motion. Cleveland stated he would like all council members
present to vote on this. Zemler said the staff could look at the 2010 budget to
potentially fund $75,000 from surplus in the General Fund.
Tjossem made a motion to pass Ordinance No. 17, Series of 2010 on first reading,
adding $20,000 to the budget for the Jazz Foundation. The motion was seconded by
Rogers. A vote was taken and the motion passed 5-0.
The fourth item on the agenda was Resolution No. 26, Series 2010, a resolution
approving a budget and making appropriations to pay the costs, expenses and liabilities
of the Vail Local Marketing District (VLMD), for its fiscal year January 1, 2011 through
December 31, 2011.
Kathleen Halloran stated the VLMD 2011 Operating Plan was presented to Council and
approved on September 21, 2010. She said staff recommends Council approve
Resolution No. 26, Series 2010; approving the submitted budget and appropriating
$1,999,750 for marketing related expenditures beginning on the first day of January,
2011 and ending on the 31 st day of December, 2011. She said $100,000 is included in
the budget for the Quizno's bike race.
Newbury made a motion to approve Resolution No. 26, Series of 2010. The motion was
seconded by Rogers. A vote was taken and the motion passed 5-0.
The fifth item on the agenda was Ordinance No. 19, Series of 2010, an Emergency
Vail Town Council Meeting Minutes November 2, 2010 3
Ordinance amending Title 14, Development Standards, Chapter 10, Design
Review Standards and Guidelines, Section 5 Building Materials and Design,
establishing an administrative procedure allowing the administrator to approve an
otherwise prohibited design standard upon determination of an eminent peril to life or
property and amending the criteria for review of non -conforming roof covering materials;
setting forth details in regard thereto and declaring an emergency.
George Ruther, Community Development Director, stated on October 19, 2010, the Vail
Town Council instructed staff to prepare an emergency ordinance proposing
amendments to certain provisions of the adopted Development Standards to provide
greater flexibility and the administration of Section 5, Building Materials and Design,
Title 14, Vail Town Code and allow case -by -case review of design review applications
for structures in town with nonconforming roof covering materials.
He reviewed the ordinance and clarified changes to Council. He said there remains a
prohibition on changing roof materials on commonly connected properties. The
ordinance identifies issues that may make a hardship on property owners who can't
comply. The ordinance still requires uniform roof coverings. Rogers asked if the
administrator would be the Community Development Director or other planners. Matt
Mire said any decision by the administrator can be appealed to the Planning and
Environmental Commission (PEC) and the Town Council. Mire stated a neighbor could
have standing but the Council would have to determine who has standing. Rogers said
the problem is that if you have to appeal this, and staff says no, and it takes 3-4 weeks
to get to PEC and then another 3-4 weeks in front of Council, and then it isn't
extenuating circumstances.
Ruther said any decision staff makes could be appealed. Cleveland says it needs to be
an emergency and wants the language to stay same to be consistent across the code.
Rogers had another concern regarding nonconforming roof coverage materials.
Ruther said the ordinance only applies to shake roofs and wants to keep roofs looking
like they match and to limit replacement to imitation roof shake. Ruther said they are
seeing the synthetic products coming and going very quickly. Cleveland said he would
be comfortable allowing the same roof materials to be replaced and sunset this
ordinance to November 30, 2011; to revisit in a year to review consequences. Jen
Bruno, owner of the roof in question, said the neighbors and her husband have agreed
and approved an asphalt roof. She said the synthetic roof shake would be a financial
burden on the homeowners.
Rogers asked the fire chief his opinion on shake roofs. Chief Mark Miller said he
doesn't support shake roofs. Miller supports the decision the Council made to stay
away from wood shake shingles.
Ruther said staff thinks asphalt shingles will match better. Another option is to keep
working on it. It would still allow for the current owner to move forward.
Vail Town Council Meeting Minutes November 2, 2010 4
Cleveland said the ordinance needs to apply to everyone. DOnO.al1 •JCAIU Lill,'.) l000U
came up with solar panels.
Rogers made a motion to approve the emergency ordinance with modifications to
include a provision that the ordinance shall sunset six months from the date it becomes
effective. The motion was seconded by Newbury.
Ruther asked if staff should continue to pursue options. Ruther said it comes down to
the written assurance that the other half of the property will come in and change their
roof which would be done in a finite amount of time. Staff would like a binding
agreement so staff and the town can have a document to fall back on and have the
ability to add an additional layer of surety. He said both parties would sign an
agreement and this ordinance is needed for non -conforming issues. By getting the
adjacent property owners to sign an agreement, they will conform within a time frame.
Ruther said the staff recommendation was to deny this ordinance.
A vote was taken, Rogers and Tjossem vote to pass the ordinance; Cleveland, Donovan
and Newbury opposed, the motion failed, 2-3.
A 5 minute break was taken.
The sixth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail
Town Code, of the Town of Vail Planning and Environmental Commission (PEC)
approval of a request for a conditional use permit pursuant to Section 12-9C-3,
Conditional Uses, Vail Town Code, to allow for the construction of active outdoor
recreation areas, facilities, and uses (lightning shelter), generally located at the #3
green of the Vail Golf Course/Tract E, Vail Village Filing 7, and setting forth details in
regard thereto.
Bill Gibson, Planner, stated on September 27, 2010 the PEC approved a request for a
conditional use permit pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code,
to allow for the construction of active outdoor recreation areas, facilities, and uses
(lightning shelter), generally located at the #3 green of the Vail Golf Course/Tract E, Vail
Village Filing 7, and setting forth details in regard thereto. On October 13, 2010 the
appellants Susan P. Johnson and Vail Mortgage Trust, represented by Sherman &
Howard LLC, filed an appeal of the PEC decision on October 25, 2010. Staff received a
phone call from the appellants' representative Jim Wear, Sherman & Howard LLC,
requesting that the Vail Town Council table this appeal to a future hearing to allow the
appellants additional time to obtain information about lightning shelters at other golf
courses. Mire explained the appellant has the last word.
Jim Wear with Sherman and Howard, representing Susan P. Johnson and Vail
Mortgage Trust, stated the shelter is too close to the Johnson home, and is within 50
feet of their backyard which diminishes the value of their house. The staff and PEC
could mitigate this issue and move the site of the shelter. The appellant suggests
Vail Town Council Meeting Minutes November 2, 2010
moving the shelter to the tee box of Hole Number 4 of the Vail golf course. The
appellant would be willing to pay the costs of relocating and landscaping the relocation
of the shelter.
Rogers asked if the appellant's position is to not have any shelters at all or at this
particular site. Jim Wear said if the shelters are constructed with the materials of what
is recommended now, then they should not have them at all, but the primary concern is
where this particular shelter is currently located. Gibson said the PEC did not hear or
discuss the consideration of the safety of the shelter.
Cleveland asked why the proximity was negative. Wear said the shelter is right outside
their back yard, and impedes their privacy and enjoyment of their property. He said
there isn't a lightning shelter this close to any other property in Eagle County. Ned
Gwathmey, a local architect, said he designed the Johnson house and the house next
door. He said staff has been cooperative in mitigating issues and if the shelter is
necessary, he would like it moved eight feet. He said the footprint is 16 feet by 16 feet
with no closed walls. Rogers asked if the Johnsons' had requested the walls be taken
off and if the relocation would impact other homeowners. Wear said "yes" but the
impact would not be as much as the Johnsons.
Bill Gibson stated all the criteria were in the attached PEC memorandum. David Viele,
a board member from the PEC, stated he was the dissenting vote. He said the number
four green is a separate application and separate review process from the number three
green. Tjossem asked Viele why he voted against it. He said primarily because the
homeowners bought their property with open space next to their property with the
expectation that it would stay open space. Secondly, an opportunity existed to have the
owners and the Vail Recreation District mitigate the issue and possibly moving the
shelter to another site. Rogers said the Council's role is to determine if the PEC
properly applied the code.
Viele said there is some discretion that the PEC can use. Newbury said the shelter was
a conditional use. Viele said there was an expectation that the view would stay open
space. Rogers asked Cartin if the setback violated any code requirements. Cartin said
this seemed to follow the code as prescribed. Per the town code there is no black and
white and PEC could make a decision. Jim Wear said the criteria affects surrounding
properties and didn't take into account how it affected this particular property.
Tjossem stated there was a lot of subjectivity and grey area. She said on the site visit
the shelter was too close to the house and was an undue burden on this homeowner.
Rogers said her concern sitting as the appellate board, is whether or not the PEC
applied the code properly. There is no citation of a violation of the code.
Mire said the appellant can appeal to district court. Tjossem said she would feel better
by asking this item be sent back to the PEC. Cleveland asked if the applicant has to
have more than one location to consider. Wear said yes. VRD is looking for the best
decision for the town.
Vail Town Council Meeting Minutes November 2, 2010
Rogers doesn't see any reason to not uphold the PEC decision. Joe Hanlon with the
VRD wants to be a good steward of the town's interest and wants to work with the
appellant. Mire said they could table and have the parties work on the issue and still
retain the right to make a decision. Jim Wear said his clients would be willing to work
on solutions with the VRD. Scott O'Connell, with the VRD, said the VRD would have to
go through the PEC process again if the shelter is moved to another site.
Rogers said she was in favor of tabling this item so the parties could work it out. Ruther
asked for a continuance to the December 21, 2010, meeting.
Newbury made a motion to continue this item to the December 21, 2010 meeting. The
motion was seconded by Rogers; a vote was taken and passed 5-0.
The seventh item on the agenda was a request for permission to proceed through the
development review process to utilize Town -owned land located in the West Vail,
Stephens Park area for the purposes of a community garden project.
Megan McDonald, Vail Community Garden Committee, the Community Garden concept
gained new interest in 2010 when town staff published a request for interested parties in
the Vail Daily and received over 30 responses from citizens who support the project. Of
this group, the West Vail Community Garden Planning Committee was formed. The
Committee is requesting permission to proceed through the development review
process to obtain a conditional use permit for the garden as an active outdoor recreation
area pursuant to Section 12-16-1, Conditional Use Permits Purpose; Limitations, Vail
Town Code. Outdoor recreational activities are defined in Section 12-2-2, Definitions,
Enumerated, as activities "which involve organized or structured recreation that is
associated with recreational facilities, excluding buildings."
McDonald stated the committee wanted Council approval for the partnership to use the
land and the town would supply the water to the property. She said the community
garden members would do everything else. Donovan said concerns are $2,300 dollars
to get water which was supplied by town staff and asphalt millings and mulch are in kind
services and there was no mention made for elk or deer fencing. McDonald said they
want it to be simple and cost effective. The community garden would have perimeter
plants that deter the pests without fencing. Donovan said guidelines need to be airtight
on what's allowed, from crops to materials. She also asked if there would be funding in
place if the community garden is not supported in future years to get it back to its
original state. Newbury suggested Donovan should be part of the community garden
process.
Nick Courtens, an Intermountain resident, said he really wants to see the garden in his
neighborhood. Ann Saten, a 17 year resident, said this will be a great thing for the
community.
Vail Town Council Meeting Minutes November 2, 2010 7
Newbury made a motion to allow permission of the applicant to proceed through the
development review process; the motion was seconded by Donovan. A vote was taken
and passed 5-0.
The eighth item on the agenda was Second Reading of Ordinance No. 16, Series of
2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to
Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, establishing
regulations for ski base area signs, and setting forth details in regard thereto.
Warren Campbell, planner, stated on October 19, 2010, the Vail Town Council
approved, with modifications, the first reading of Ordinance No. 16, Series of 2010, by a
vote of 4-1-0 (Foley opposed). The Community Development Department recommends
the Vail Town Council approves Ordinance No. 16, Series of 2010, upon second
reading. He said staff has done a more critical review and made changes to the
ordinance. The purpose was to clear up vagueness, provide consistent language, and
to make changes. Working with partners, including Vail Resorts, Inc. (VRI), the overall
intent was to create clear process.
Rogers made a motion to approve on second reading, Ordinance No. 16, Series of
2010; the motion was seconded by Tjossem.
Jeff Baab, from VRI, thanked Council for taking time to review this ordinance and
commended the town staff for spearheading the discussion on taking ski yard signage
to fruition. He said in the long run, this will streamline the process. He said this was
indicative of the collaborative efforts of town staff in getting this done. He thanked the
Council for their support and time.
A vote was taken, and the motion passed, 5-0.
The ninth item on the agenda was Resolution No. 27, 2010, a resolution approving an
intergovernmental agreement between the Town of Vail and the County of
Eagle regarding recycle drop off site; and setting forth details in regard thereto.
George Ruther, Community Development Director, said the Town of Vail Community
Development Department is operating and maintaining a community recycling drop off
site in the municipal parking lot located west of the Community Development
Department building. The town is contracted with Waste Management, Inc.; to provide
material haul off, site maintenance, and public education services. Eagle County, the
operator of the regional materials recycling facility (MRF) has agreed to fund annual
haul off services. Pursuant to the Agreement, the County will reimburse the town $190
for each container hauled to the MRF. If approved, the County's financial assistance will
save the town approximately $34,000 annually through the town's participation pursuant
to the Agreement
Vail Town Council Meeting Minutes November 2, 2010 8
Ruther said staff recommends the Vail Town Council approve Resolution No. 27, Series
of 2010 as read. If approved, the Eagle County Board of County Commissioners will
consider the Agreement at their November 9, 2010, meeting.
Newbury made a motion to approve with the correction of the sixth "whereas" and
deleting the animal control item; the motion was seconded by Tjossem. A vote was
taken and passed 5-0.
The tenth item was a Town Council "Call -Up", pursuant to Section 12-3-3(C) Vail Town
Code (the "Code"), of the Planning and Environmental Commission (the "PEC")
decision of September 27, 2010, affirming staffs interpretation regarding the ability of a
property owner to establish a development site comprised of multiple lots of record and
the process required, if any, by the Code.
Matt Mire, Town Attorney, in response to a request by a resident, on September 27,
2010 the Town's Zoning Administrator issued a letter pursuant to Section 12-3-3(A) of
the Code explaining what he believed to be the Town's process for combining two lots
in a residential subdivision to create one "Lot or Site" as defined by 12-2-2 of the Code.
Subsequently, on September 27, 2010, at the request of the Administrator, the PEC
considered the issues addressed in the Administrator's letter. At the hearing, the PEC
Commissioners expressed legitimate concerns with regard to the Administrator's
findings and determination, as well as with the lack of clear direction provided by the
Code. In addition, the PEC requested that the Town Attorney continue to research the
issues involved. Ultimately, however, and based largely upon staffs recommendation,
the PEC did vote to "affirm staffs administrative determination." After the PEC hearing,
the Administrator discovered a relevant section of the Code which was not considered
in his initial letter and which was not presented to the PEC. The Town Council called his
item up at their regular meeting on October 5, 2010.
Mire said this item was called up because of a procedural issue. He said what Mery
Lapin is proposing doesn't meet the definition of subdivision. Mire said the Council
didn't have all the information before them. He said this is a legal and administrative
issue and not a Council issue.
Rogers made a motion to overturn the PEC decision, and directed staff to make a
process that applies; the motion was seconded by Newbury. A vote was taken and the
motion passed 5-0.
The eleventh item on the agenda was adjournment. Tjossem made a motion to
adjourn, and was the motion was seconded by Donovan. A vote was taken and the
motion passed 5-0. The meeting adjourned at 9:25 p.m.
Vail Town Council Meeting Minutes November 2, 2010 9
Respectfully submitted,
Richard D. Cleveland, Mayor
Attest:
Lorelei Donaldson, Town Clerk
Vail Town Council Meeting Minutes November 2, 2010 10