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HomeMy WebLinkAbout2010-12-21 Town Council MinutesVail Town Council Meeting Minutes Tuesday, December 21, 2010 7:00 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 Pro-Tem Kim Newbury. Members present: Kim Newbury, Mayor Pro-Tem Andy Daly Kerry Donovan Kevin Foley Margaret Rogers Susie Tjossem Members Absent: Dick Cleveland, Mayor Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Susie Tjossem arrived later in the meeting. The first item on the agenda was Citizen Participation. Joe Staufer, business owner, said he is upset and concerned because he read in the Vail Daily the races for the 2015 Championships would be in Beaver Creek and not in Vail. He said when the Front Door project was built, he was told no more races would be held in Vail because there isn't enough room. But then he was told by Vail Resorts personnel that wasn't true and the Vista Bahn could be moved. He said the races were awarded to Vail and Beaver Creek, not just Beaver Creek and he wants some of the races in Vail. Mitch Whiteford, resident, wants to have some of the 2015 Championship races in Vail and doesn't think it's too late to get some of the races in Vail. Rich Ten Braak, Vail Chamber and Business Association, said he wanted to say the timing might be right to look at changing the Vail Local Marketing District Advisory Council marketing funds to have other uses including events outside the Town of Vail. The second item on the agenda was the Town Manager's Report. There was no report. The third item on the agenda was the Consent Agenda. Kevin said he was abstaining from approving the November 2, 2010, meeting minutes as he was absent. Rogers Town Council Meeting Minutes for December 21, 2010 Page 1 made a motion to approve the November 2, 2010 minutes and seconded by Newbury. A vote was taken and the motion passed, 4-0-2, with Foley and Daly abstaining. Foley made a motion to approve the November 16, 2010, meeting minutes, and the motion was seconded by Daly. A vote was taken and the motion passed 6-0. The fourth item on the agenda was a recognition and thank you to Dave Chapin for his 13 year's of service on the Local Licensing Authority (LLA) and the Commission on Special Events (CSE), two volunteer boards for the Town of Vail. Sybill Navas, Special Events Coordinator, stated Dave has been an exceptional volunteer. She stated he was on the LLA as chairman for eight years and five years simultaneously on the CSE. Bob McKown, Chairman of the LLA and co-chair of the CSE, presented a plaque to Dave Chapin for all his years of service and excellence on the two boards. Chapin thanked McKown for the plaque and said you don't volunteer for the recognition or the money but to contribute to the community. He said he is only one of many members on each board and they each contribute to the community. The fifth item on the agenda was Ordinance No. 23, Series of 2010, an emergency ordinance amending Chapter 11-7, Other Signs, Sign Regulations, Vail Town Code, to establish regulations for informational and directional signs for public parking on private property and allowing the Administrator to approve said signs subject to review, and setting forth details in regard thereto, and declaring an emergency. George Ruther said on December 7, 2010, staff facilitated a discussion with the Vail Town Council regarding the town's parking policies for public parking on private property in response to several citizen inquiries regarding the ability to advertise and promote their parking. Staff recommended that the Sign and Zoning Regulations be amended to facilitate public parking on private property. The Council instructed staff to draft an emergency ordinance to allow directional signage for public parking on private property. He said staff incorporated what was best for the guest, consistent and clear to the public, identifying pricing structures of each facility, identifying an enforcement strategy, and clearing up any confusion between public and private parking areas. He reviewed the emergency ordinance with Council. He stated portable signs would be used so they would lessen the confusion of what parking is available. The signs are not for advertising of the businesses; it's a traffic control sign and for daily use only. This ordinance is intended for properties already approved for daily use of parking, (i.e. Solaris, Arrabelle, and Manor Vail and a few other places) which have conditional uses or agreements already in place. It also allows for the administrator to review the possibilities of parking at other places and to allow for flexibility, where the signs could be located, size of signs, and directions, price and parking availability. Other special provisions are the signs would only be displayed when daily use of space is available to the public. The daily rate must be communicated to the public and be current at all Town Council Meeting Minutes for December 21, 2010 Page 2 times. The penalty for violating the regulations would be to revoke the approval of use and removal of signs would be immediate. Section three of the ordinance shall be effective immediately until February 15, 2011, when the ordinance becomes void. This gives staff time to come back with more permanent solutions. This is not intended for business promotion purposes. Ruther said the rate can change to hourly, not just daily. Daly asked if the sign didn't have business information, how guests would tell others where they would be parking. He thought a name of the project is for identification, not for advertising. Ruther said staff wanted consistency of the signs and only to identify parking and not the business. Daly said there are two points, one to differentiate public versus private parking and consistency. Ruther said Greg Hall reminded him that the Colorado Department of Transportation (CDOT) may not allow any advertising. Donovan said the target audience is new guests and said blue and white signs are a more standard parking sign. Tjossem said she would like to see a recognized parking symbol. Ruther said that could be added. Lamont, representing the Vail Homeowners Association (VHOA), stated the terms need to be clarified. He said this is public parking on private property and wants to make sure the temporary sign format will be similar to what the permanent format will be and said the symbol would be useful. Daly made a motion to approve Ordinance No. 23, 2010 as presented. Further discussion ensued. Rogers said she agreed with the valet concept, stated the hourly or daily rate is important, but she doesn't think the symbol or the advertising of the business is important. Foley said he is concerned there would be too many portable signs around town. Tjossem said she is not in favor of this ordinance. She wants consistency and current regulations allow for signage. She said Vail Resorts (VRI) has parking information on their web site. Donovan said the emergency ordinance is not appropriate for Vail. Newbury said Council asked staff to come up with a solution and they need to stop putting obstacles in front of people who are trying to help with the parking. Daly made an amendment to his motion to approve the emergency ordinance with the business name on the sign, add valet parking, the hourly or daily rate be added, the "P" symbol is optional; and the sign should be blue and white. Foley said he would be voting against this ordinance. Rogers said the more the private sector helps provide parking, in the long run the town benefits because the town may not have to build more levels to the parking structures. She feels it is encouraging signs in a direction Vail is trying to move away from. Tjossem said the Solaris signs are already in place. Newbury said she is in favor of the ordinance as it is temporary. Daly, Newbury and Rogers were in favor and Donovan, Tjossem and Foley against. The motion failed. Town Council Meeting Minutes for December 21, 2010 Page 3 The sixth item on the agenda was Ordinance No. 24, 2010, an emergency ordinance amending the Town of Vail's Health Insurance Fund budget for 2010; making supplemental appropriations thereto; and declaring an emergency. Kathleen Halloran, Budget Manager, stated on December 17, 2010, town staff became aware of significant medical claims in excess of those previously projected by the town's insurance consultant. She said because these claims will occur in 2010, they must be paid from 2010 funds and approval of the emergency ordinance is needed to maintain compliance with state statutes regarding the budgetary process. She said an increase of $320,000 to the health fund was needed as invoices were just coming in. She has budgeted approximately $200,000 in revenue coming in to cover some of this expense. Foley made a motion to approve; Daly seconded the motion. A vote was taken, and the motion passed 6-0. The seventh item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Design Review Board's (DRB) denial of a minor exterior alteration application to allow for the installation of special event banner poles in the street right-of-way generally located at the intersection of East Meadow Drive and Willow Bridge Road, and setting forth details in regard thereto. Bill Gibson, planner, stated the majority of the DRB was concerned about the location and the banners being vertical banners versus horizontal banners. The south side of the street was designated as the side to hang the banners. On October 20, 2010, the DRB denied an application to install special event banner poles in the street right-of- way generally located at the intersection of East Meadow Drive and Willow Bridge Road. On November 2, 2010, the Vail Town Council called -up (i.e. appealed) the DRB decision. In accordance with the requirements of Section 12-3-3, Appeals, Vail Town Code, a hearing of this appeal was scheduled and noticed for the Council's December 7, 2010, public hearing. On December 7, 2010, the Vail Town Council granted a continuance of this appeal to its December 21, 2010, public hearing. Rogers asked what the DRB would have approved. Tom DuBois, a DRB member, said a banner across the streets would block the views and cheapened the look of Vail. Those that voted for it thought it would add to the vitality of Vail. Tjossem said the two-sided banner is what was denied. She said the majority of the board would have voted for a single vertical banner. Newbury asked about the time limits for the banners being up. Sybill Navas stated she represented the Commission on Special Events (CSE) and was the applicant. She said the banner reservations are on a weekly basis unless there are no other requests. The CSE was hoping to get a third banner site that provides for the same dimensions as the other two banner sites. She said the flagpole system can be Town Council Meeting Minutes for December 21, 2010 Page 4 used three ways: across the street, flags or vertical banners. She said the skating show at Solaris was great and this banner site would identify events in that area. She said the vertical banners in the roundabout are dictated by the Colorado Department of Transportation (CDOT) and do not allow for location information. Rogers said the horizontal banners usually do not identify the location. Navas said the banners are usually placed where the events are held and this site could help alleviate multiple requests at the same time. Donovan asked how many weeks a year banners are up in the village. Navas stated most of the year there is a banner up. She said the vertical banners would be to the scale of the roundabout banners. Steve Virion, La Bottega owner, wants to make sure the banners would be for community events and not private events. Tjossem asked if the DRB would have approved if it was only a vertical banner. DuBois said yes but the applicant will now have to go back to DRB for that approval. Navas said the CSE was trying to alleviate a specific issue and didn't think they would come back for a vertical banner site approval only. Rogers made a motion to uphold the DRB decision and the motion was seconded by Daly. Newbury said she will be voting against the motion. She said the design guideline is broad and she didn't have a problem with a horizontal banner and said it was discretionary. Foley agreed with Newbury. Donovan said she would vote in favor of the motion. Tjossem said she would vote for the motion and thought the vertical banner would work and said they should go back to the DRB for that approval. A vote was taken and passed 4-2, Newbury and Foley against. The eighth item on the agenda was first reading of Ordinance No. 22, 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, to allow for digital format entertainment signs and menu box signs for theaters, and setting forth details in regard thereto. Bill Gibson, Planner stated a site visit was done in the afternoon with mock ups to show what the signs would look like. Gibson said on November 22, 2010, the Planning and Environmental Commission (PEC) held a public hearing to discuss the proposed amendments to the town's sign regulations. The PEC forwarded a recommendation of approval, with modifications, for the proposed sign regulation amendments to the Council. The staff and PEC recommends the Council approve Ordinance No. 22, Series of 2010, on first reading. Donovan said she wanted clearer information on sizes. Gibson explained the differences between movie theatre signs versus a movie rental business. Daly asked Town Council Meeting Minutes for December 21, 2010 Page 5 about the recommendations, noise, other business restaurant signs, motion, copy, etc. Gibson said this would be a discussion at a later date with the DRB, PEC and Council. There is a need for more broad policies in place. He said the movie signs would be off between 11 p.m. and 7 a.m. Daly made a motion to approve Ordinance No. 22, Series of 2010, on first reading, and the motion was seconded by Tjossem. A discussion about whether turning off the signs at 11 p.m. was agreeable with Cinebistro. David Kempner, manager of Cinebistro, stated they were okay with the sign going off at 11 p.m. and didn't think the signs being on after 11 p.m. would draw any more business. Ruther said staff can come back in the first quarter of 2011 to discuss the other electronic signage. A vote was taken and passed, 6-0. The ninth item on the agenda was Resolution No. 29, Series of 2010 a Resolution Approving an Intergovernmental Agreement between the Town of Vail and Eagle County Regarding Animal Control and Setting Forth Details in Regard Thereto. Matt Mire, Town Attorney said the Town of Vail (the 'Town") and Eagle County wish to enter into a yearly Intergovernmental Agreement (the "IGA") which outlines the terms and conditions of the animal control services that will be provided to the town. The Council's approval of Resolution No. 28, Series of 2010 is required to enter into an IGA. Rogers asked whether Eagle County takes care of baby eagles or wild animals. Shawn Markland, Eagle Council Animal Control Officer, stated the Department of Wildlife (DOW) would be called in to handle that situation. Rogers asked if there is a bear issue, who handles the call. Dwight Henninger, Police Chief, said the police department will respond due to the nature of the issue, and they call the DOW if it is necessary. Foley stated a couple of years ago, there were concerns about handling of the animals at the animal shelter. Henninger said there are no current concerns about the animal shelter that he knows of and said this is the best $40,000 spent by the Town of Vail. Foley made a motion to approve Resolution No. 29, Series of 2010, and was seconded by Daly. A vote was taken and passed 6-0. The tenth item on the agenda was Resolution No. 28, Series of 2010, a Resolution Approving a Lease Agreement Between the Town of Vail and the Colorado Department of Transportation Regarding Parking Along the Non -Travel Lanes of the Interstate 70 Frontage Roads Located within the Limits of the Town; and Setting Forth Details in Regard Thereto. Town Council Meeting Minutes for December 21, 2010 Page 6 Greg Hall, Public Works Director, said the Town of Vail (the Town) and the Colorado Department of Transportation (CDOT) entered into a Lease Agreement (Lease) which included a permit parking program utilizing the Vail Frontage Roads for the 2009-2010 ski season. On September 30, 2010, the Town Manager sent a letter to CDOT outlining the terms of a Lease to use the Premises for the permit parking program as well as overflow skier parking for the 2010-2011 ski season. Vail Resorts will be contributing $20,000.00 for the lease payment. The Town and CDOT wish to enter into a one year Lease. Staff recommends the Council approve the Lease Agreement and authorize the Town Manager to sign and enter into the Lease with CDOT. Hall said this was similar to last year's lease agreement. Foley asked what the timetable is. Hall said there has already been one meeting and another is scheduled for the second week in January, with another in February is already scheduled and a strong commitment on both sides. Daly said a cost analysis is important to add to the discussions. Foley said the community is concerned there isn't enough lighting on the Frontage Road in front of Middle Creek and safety standards need to be added to the discussion. Newbury stated 300 permits are issued and wants to know if Four Seasons employee parking is being used near Middle Creek. Foley thanked VRI for stepping up and paying $20,000. Daly made a motion to approve Resolution No. 28, Series of 2010 and the motion was seconded by Rogers. A vote was taken and passed 6-0. The eleventh 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's 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. George Ruther, said both the applicant and the appellant have requested a continuance of this item. He asks the Council to grant a continuance of this item to the Council's January 4, 2011 public hearing to allow the parties additional time to obtain information. Daly made a motion to continue this item to the January 4, 2011, meeting, the motion was seconded by Foley. A vote was taken and passed 6-0. Town Council Meeting Minutes for December 21, 2010 Page 7 The twelfth item on the agenda was adjournment. Foley made a motion to adjourn, the motion was seconded by Daly. A vote was taken and passed 6-0. The meeting adjourned at 7:35 p.m. Respectfully submitted, *Kriimewbury,('k'M'ayor Pro-tem Attest: Lorelei Donaldson, Town Clerk Town Council Meeting Minutes for December 21, 2010 Page 8