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HomeMy WebLinkAbout2010-04-20 Town Council MinutesVail Town Council Meeting Minutes Tuesday, April 20, 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 Kevin Foley Andy Daly Kim Newbury Kerry Donovan Susie Tjoseem Not present: Margaret Rogers Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Input. Mia Stockdale provided Vail Nordic Center participant numbers. She then asked for additional parking enforcement at the Center as alpine skiers were believed to be encroaching on Nordic Center designated parking. Cleveland said Council would be addressing parking issues in preparation for the upcoming ski season. The second item on the agenda was a Month of the Young Child Proclamation. Foley read into the record a "Month of the Young Child" proclamation. The third item on the agenda was Resolution No. 12, Series of 2010, a Resolution of the Vail Town Council of the Town of Vail, Colorado in support of the goals and concepts proposed by Greenport for a long-range commitment to stimulus activity by establishing a Unique Transit Oriented Economic Development Corridor. On April 6, 2010, Vince Cook appeared before the Vail Town Council to present the goals and concepts for a valley -wide Transit Oriented Development Corridor. According to Mr. Cook, the idea for the corridor ties together rail and bus transit, workforce housing and concepts for sustainable communities. Upon conclusion of the presentation, the Vail Town Council instructed staff to return with a 1 resolution in support of the goals and concepts of GreenPort for the Council's consideration. Daly moved to approve the resolution with Tjossem seconding. The motion passed unanimously, 6-0. The fourth item on the agenda was the Town Manager's Report. Zemler reported progress on state-wide transit issues. The fifth item on the agenda was Appointments to the Vail Local Housing Authority (VLHA) and the Vail Local Licensing Authority (VLLA) There was one vacancy for the VLHA, for a five-year term which ends June 1, 2015, two vacancies on the VLLA for two year terms, which end June 1, 2012 and one vacancy on the VLLA to replace a vacancy for a member who resigned and that term ends June 1, 2011. VLHA: Applicants for the VLHA must be full time, year-round residents of Eagle County who either are residents of the Town of Vail or work for a business holding a Town of Vail business license. Authority members must have a proven ability to be an effective advocate for a full range of housing projects and be able to promote a vision for local employee housing that has been approved of by the majority of the Authority. The role of Authority members is to act as Board of Directors for the business of the VLHA. The duties may include budget approval, adopting policies, advocacy, staff oversight, strategic and long- term planning, setting development and acquisition Parameters and potentially managing the existing Town of Vail deed -restricted housing inventories. Technical experience in one of the following areas was also desirable: financing of large projects, development, construction/construction management, planning, design, or legal. The town received two applications. The applicants were: Jeff Leistad and Steve Lindstrom. Newbury moved to appoint Lindstrom with Daly seconding. The motion passed unanimously, 6-0. VLLA: All applicants to the VLLA must be citizens of the United States, qualifiedelectors of the Town of Vail, and have resided in the Town of Vail for not less than two years preceding appointment, and shall have no direct financial interest in any license to sell alcoholic beverages or any location having any such license. Duties of the five -member board include review of all Town ofnVail liquor license applications. There are currently three vacancies on the VLLA. The Town received five (5) applications for the vacancies. One of the vacancies is to fill the position left by a member who resigned in the past month and that vacancy expired June 1, 2011 and two vacancies are for two year terms that end June 1, 2012. The applicants are: Cody Kennedy, Kaye Ferry; Robert McKown, Matt Miller, and Ted Steers. 2 Newbury moved to appoint Steers (to a one year term), Kennedy and McKown to two year terms with Foley seconding. The motion passed unanimously, 6-0. For more information, contact Lorelei Donaldson at 479-2136. The sixth item on the agenda was a Hidden Gems Wilderness Campaign Presentation. Hidden Gems representative Susie Kinkaid explained the The Hidden Gems Wilderness Proposal is a carefully -crafted, citizen -generated plan to grant the highest protection in the land to some of our state's most precious and threatened public and wildlife lands. Hidden Gems by the numbers: ➢ 379,000 acres ➢ 14 new stand alone Wilderness Areas and 26 additions to existing Wilderness Areas. ➢ Spanning two national forests adjacent BLM lands. ➢ Primarily in four counties — Pitkin, Eagle, Gunnison and Summit. Tjossem asked about the current uses of the Spraddle Creek area (included in the Hidden Gems proposal). Kinkaid explained, "We don't manage the areas ... We look at them as they are managed." Daly and Donovan commented that Hidden Gems supporters made a tremendous effort reaching out to so many different organizations. Fire Chief Mark Miller said he was initially skeptical as wilderness areas add another layer of bureaucracy to decision making . "It's going to take some hiking and looking at boundaries pretty closely." Cleveland expressed concern that the United States Forest Service (USFS) did not support the process. Cleveland noted, "I believe the travel management plan (United States Highway Administration) should be approved before this thing comes to Congress." During a pause for public comment, Vail resident Kevin Hoechtl spoke in support of the Hidden gems proposal. "I would like to see us have enough wilderness to support the next generation." Dr. Tom Steinberg spoke in support of the proposal. "Preserve it as much as you can." Barry Kroetchel said he believed the initiative should be voted on. Local snowmobiler Joe Kasselbury expressed concern about the proposal. "Take your magnifying glass out and look at all these proposed areas." The seventh item on the agenda was a Request to proceed through the development review process with a proposal to construct a golf course tee box on the Town of Vail owned Ford Park, generally located on the eastern boundary of the Vail Nature Center site at 841 Vail Valley Drive/Unplatted. Vail Recreation District representative Mike Ortiz requested Council table the item until June 1. Daly moved to table with Foley seconding. The motion passed unanimously, 6-0. 3 An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail PEC's determination that Section 14-5-2-K, Valet Parking, Vail Town Code, does not require that at least 50% of the required parking spaces provided on site must operate as self -parking. Planner Bill Gibson asked Council to uphold, uphold with modifications, or overturn the PEC's determination pursuant to Section 12-3-3, Appeals, Vail Town Code. The town's administrator determined that Section 14-5-2-K, Valet Parking, Vail Town Code, does not require that at least 50% of the required parking spaces provided on site must operate as self -parking meets the standards and conditions imposed by the requirements of the Vail Town Code. The Appellant, Donald Zelkind, appealed this determination to the PEC. On February 22, 2010 the PEC upheld the administrator's determination by a vote of 7-0-0. The Appellant appealed the PEC's determination. Staff recommended Council uphold the PEC's February 22, 2010 determination per the review criteria and findings identified in the staff memorandum. Zelkind expressed concern Vail Resorts requirement of valet parking at the Arrabelle at Vail Square hurt property values. Town Attorney Matt Mire explained that each of the town's planners can be considered a zoning administrator. Property Manager for the owner of Arrabelle at Vail Square Unit 672 Doug McMillian expressed concern that after two years at the Arrabelle at Vail Square he had to valet his automobile over 250 times. Vail Resort's legal representative Carolyn White said the parking interpretation would eventually be determined in civil court. Zelkind said he believed the interpretation of the statute was absurd. Council moved to uphold the PEC's decision. The motion passed unanimously, 6-0. The eighth item on the agenda was Resolution No. 7, Series of 2010 - A resolution adopting the Town of Vail annual fee -in -lieu amount for Commercial Linkage and Inclusionary Zoning. Housing Coordinator Nina Timm explained that in 2007, the town adopted Commercial Linkage and Inclusionary Zoning requirements for new development and redevelopment. One of the five methods of mitigation is a fee -in -lieu for providing the required housing. Each year the town is required to adopt the fee - in -lieu for the year. Timm explained there had been significant fluctuations in the fee due to significant ebbs and flows in the median price per square foot of real estate sold in Vail. The proposed employee housing fee -in -lieu amount reflects the gap between a two -person household earning 120% of the 2009 Area Median Income and the 2009 median cost per square foot plus an administrative fee of $3,000 per employee or $3.65 per square foot. The two -person Area Median Income increased $2,700 from 2008 to 2009 and the Town of Vail median price per square foot decreased $394. Additionally, the assumed interest rate dropped to 5.5%, to be more reflective of current mortgage interest rates. The following is a comparison of the 2009 fee -in -lieu and the 2010 fee -in -lieu: Per Employee Per Square Foot 4 2009 $329, 209 2009 $398.65 2010 $ 74.299 2010 $ 90.65 Change -($ 254,910) Change -($308.65) Based upon the significant fluctuation of the fees -in -lieu over the past two years and anticipated change next year, Staff proposed to amend the formula for calculating the fee amounts. Staff proposed the fee be calculated each year as has historically occurred, but then average that fee with the previous two year's fees, creating greater predictably in the fee amount from one year to the next. Cleveland said he was uncomfortable with the town being able to change the rules of the game when it benefited the town, "1 am really scared of setting precedent." Daly said he thought the current formula was not effective and did not reflect the market and perhaps the whole method of calculating the fees should be changed. Following further debate, Newbury recommended following staffs suggestion of using a three year average, based upon the large amount of debate and consideration that went into establishing the formula initially. Newbury moved to approve the resolution with and to use a three year moving average in 2010 with Foley seconding. During a pause for public comment, local developer Peter Knoebel spoke in support of using a three-year running average to avoid fluctuations. The motion passed 5-1, with Cleveland opposed. The ninth item on the agenda was Ordinance No. 5, Series of 2010, An Ordinance Amending Section 6-3C-6(B) of the Vail Town Code Regarding the Possession, Use and Display of Cannabis. Town Attorney, Matt Mire, explained that public display or consumption of cannabis is a Colorado State law but by adding this law to the Vail Town Code gives the Vail Municipal Court jurisdiction over these matters. He explained the ordinance was not a new law, but rather an old law that had been previously deleted from the code. "Five years ago Marijuana was illegal and specific laws were not necessary... We could not have contemplated the current situation." Municipal Judge, Buck Allen, said the ordinance would basically observe cannabis in the same light as alcohol. Daly moved to approve the ordinance with Foley seconding. The motion passed 5-1, with Newbury opposed. Newbury clarified she disagreed with stricter marijuana legislation. The tenth item on the agenda was Resolution No. 8, Series of 2010, a Resolution Approving an Intergovernmental Mutual Aid Agreement for the Provision of Law Enforcement Services. Foley moved to table the item until May 4 with Donovan seconding. The motion passed unanimously, 6-0. The eleventh item on the agenda was Adjournment. 5 Newbury moved to adjourn with Foley seconding at approximately 8:30 p.m. The motion passed unanimously, 6-0. �C;-& Dick Cleveland, Mayor ATTEST: J Lorelei Donalds, R