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HomeMy WebLinkAbout2011-01-04 Town Council MinutesVail Town Council Meeting Minutes Tuesday, January 4, 2011 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 Andy Daly Kerry Donovan Kevin Foley Kim Newbury Margaret Rogers Susie Tjossem Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. There was no citizen participation. The second item on the agenda was the Town Manager's Report Kathleen Halloran, Budget Manager, reviewed the Revenue Update for November 2010 memorandum with the Council. Judy Camp, Finance Director, presented an update to the Council on the short term rental by owners sales tax. She explained the short term rental rules and enforcement options for the town. She also stated the town has had a process in place for over 10 years on how the property owner of short term rentals can remit sales tax. The finance staff goes through the newspaper and works with the Colorado Sales Tax Division to locate short term rental properties and owners. Another avenue of locating short term rental properties is by doing an audit of property management companies accounting books as well. She said I Street Solutions, out of Virginia, is a company the finance department met with to get other solutions to help identify short term rental properties. I Street Solutions said the finance department is already doing what they would do to identify short term rentals. She said the finance department will be continuing the process they have in house. Town Council Meeting Minutes January 4, 2011 Page 1 Rogers asked about membership clubs that have homes in a rental pool. Camp said they will look into that scenario to see if it is a true short term rental. Cleveland said businesses that are in the business of short term rentals want to see everyone pay the same taxes as required. Matt Mire, town attorney, presented an update to Council on the Comcast franchise agreement. He said the town is under a renewal process, an audit is being done and stated one of the criteria was to make sure Comcast was in compliance with the franchise agreement. He said Comcast will be back on January 18, 2011 to discuss the audit report. Cacioppo asked what the cost of the audit report will be. Mire said the report will cost between $10,000 and $20,000 and the town was paying for it. He said the town would seek to recoup the costs if the report came back negative. The third item on the agenda was Resolution No.1, Series of 2011, Posting of Notices for 2011. Pam Brandmeyer stated this is a required annual approval and designation for posting locations for all official notices of town public meetings. Foley said he thinks the town should have more than the two sites on the town property to post notices. Rogers made a motion to approve Resolution No. 1, Series of 2011, and the motion was seconded by Daly. A vote was taken and the motion passed unanimously, 7-0. The fourth item on the agenda was the annual appointment of the official newspaper of record for 2011 for the Town of Vail. Pam Brandmeyer stated this is an annual requirement to appoint a newspaper of record for the Town of Vail. She said each year the town does a Request for Proposal (RFP) to local newspapers of interest to be the official newspaper of record for the Town of Vail. The town received one response from the Vail Daily for 2011 and staff requests the council appoint the Vail Daily as the newspaper of record for 2011. The classified advertising and legal publications fees have stayed the same price as 2010 and the display advertising fee has increased approximately 3% to 8% from the 2010 fees. Daly made a motion to approve and the motion was seconded by Rogers. A vote was taken and the motion passed unanimously, 7-0. The fifth item on the agenda was the interviews for the vacancies on the Commission for Special Events (CSE) and the Vail Local Marketing District Advisory Council (VLMDAC). Town Council Meeting Minutes January 4, 2011 Page 2 Pam Brandmeyer stated there were three vacancies on the CSE and four vacancies on the VLMDAC for two year terms each. The council interviewed each applicant at the work session earlier in the day. Newbury made a motion to appoint Beth Slifer, Adam Sutner, Mia Vlaar and Skip Thurnauer to the VLMDAC and Amanda Jensen, Carl Colby and Cali Adkisson to the CSE for two year terms each, which terms expire December 31, 2012; the motion was seconded by Rogers. A vote was taken and each appointment passed unanimously, 7- 0. Mike Cacioppo demanded a copy of the secret ballots the Council used to determine who was appointed to the boards. He said that the Council has not been in compliance with the code on how they have been voting for board members for years and wants them to comply. He made a formal verbal request to see the originals and wants a copy of the ballots. Matt Mire, town attorney, stated Cacioppo will need to file a written open records request with the town before the town will release a copy of the ballots to him. The sixth item on the agenda was an emergency ordinance, Ordinance No. 2, Series of 2011, 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, Community Development Director, said on December 7, 2010, staff facilitated a discussion with the 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 there may be conflicts between current code regulations and the ability to allow for public parking on private property. He said a new type of sign is listed and this would be temporary for a four week time frame and wants consistency on the way the sign is displayed. After the last council meeting, direction was given to have the signs be consistent. On the signs, the rate has to be stated at all times, and be current. The signs need to be portable, blue and white, and be 36" x 48" in size. There is a built-in penalty clause that the sign shall be removed immediately if not in compliance and can be appealed to the Design Review Board (DRB). The ordinance will remain in effect until March 1, 2011. Staff will have a memorandum to the Planning and Environmental Commission at their January 10, 2011 meeting to come up with a more permanent solution. Town Council Meeting Minutes January 4, 2011 Page 3 Mike Suman, with Suman Architects was in favor of the ordinance. He stated the Council has worked with private developers to add more parking over the past few years and would like to see this ordinance passed. He said since this is a temporary ordinance, this could be a test run period to see if this works. Rich Ten Braak, with the Vail Chamber and Business Association (VCBA), said this ordinance is late in coming and needs to be approved. Patrick Hasse, from the Vail International Gallery, said he is in support of this ordinance. Jonathan Staufer, with the Vail Village Inn, is also in favor of the ordinance and happy to see the variable message signs working on the Frontage Road. Rebecca Jones, with Alpine Bank in Solaris, stated they get calls everyday from visitors and clients on where to park. She said the parking at Solaris needs to be utilized and is in favor of passing this ordinance. Rayla Kundolf, with Masters Gallery, said she is in favor of passing this ordinance and stated it's a great idea to have the extra parking. Joe Staufer, owner of the Vail Village Inn, said the private developer of Solaris has built 200 parking spaces which is more than Vail Resorts Inc. has ever built. He said Eagle County taxes private property owners on the parking spaces they have and so the property owners need to keep the spaces filled and that the Frontage Road is dangerous and there shouldn't be any parking on the Frontage Road. Jim Lamont, VHOA representative, said the VHOA has been in support of public parking on private property. He wants to look at classy solutions for direction signs and needs to identify, in real time, how many spaces are available at all parking areas. Kaye Ferry, said she is confused as to why we are having the conversation when it's a public benefit. Nate Picklo, owner of Yeti's Grind in Solaris, said a full parking garage benefits all the businesses and he is in favor of the ordinance. John Vickers, with Vail Village Arts, said this is a no-brainer and this ordinance needs to be passed so the town can get cars and people off the Frontage Road and get them in the parking garage spaces. Rick Soto, with Slifer Smith and Frampton Real Estate in Solaris, said the image of parking on the Frontage road is negative to our guests and is in support of the ordinance being approved. Ruther said this is an opportunity to provide arrows to parking but not specific directions to the individual parking spaces. Donovan asked how many signs will be seen. Ruther said two to three of the large signs will be needed to provide directions down the street. Zemler asked how many private parking areas are in town. Ruther said six, and as a percentage, 8-10% of parking is located on private parking. Daly said to use April 24, Town Council Meeting Minutes January 4, 2011 Page 4 2011 as the termination date of the ordinance instead of March 1, 2011, so if new technology or other issues come up Council has time to come up with a permanent solution at the end of ski season. Newbury said she agrees and wants this ordinance passed and agreed to the expiration date change to April 24, 2010. Newbury made a motion to approve the emergency Ordinance No. 2, Series of 2011, with the expiration deadline to April 24, 2011 and the motion was seconded by Tjossem. Further discussion ensued. Mire stated they should consider moving the expiration deadline to May 3, 2011. Newbury amended her motion to change the date to May 3, 2011 and was seconded by Tjossem. Cleveland had concerns and wanted only two signs allowed. Rogers said the administrator has the ability to control the number of signs and trusts that they will control how many signs are allowed. Donovan said she won't be supporting the ordinance as she feels the ordinance will be in direct conflict with regulations they just passed for ski yard signage. Tjossem said we need to hold the town accountable as we are using a -frame type signs. A vote was taken and the motion passed, 5-2; Cleveland and Donovan opposed. A five minute break was taken. The seventh item on the agenda was a recommendation to amend the Village Camera Policy to allow recording. Dwight Henninger, Vail Police Chief, said cameras were installed for loading and delivery purposes effective July 21st, 2009. Six live -feed, non -recording cameras were put in place to help enhance the efficiency of loading and delivery in the Vail Village. The Vail Police Department considers this technology to be a vital crime fighting tool that will improve the Department's ability to create a safer community. This allows for the Department to prevent and detect public safety emergencies, criminal conduct, and assist investigations and legal proceedings. The Vail Police Department is committed these goals without compromising the publics right to privacy. Henninger said there have been six robberies and if the loading and delivery cameras were in use they could have used the cameras. He said since the cameras were installed, at least once a month they could have used the cameras for violations. He said the police department does not think the invasion and right to privacy would be violated. He said the panning of the cameras is only on public property and the department would only go back to view the camera videos if an incident happens, and a supervisor would be needed for releasing information, and would only be kept for seven days, unless there is an incident that would require keeping the video for longer. He said some businesses have cameras but are not very good quality. He stated there was an attachment with a more coherent policy for use of the camera and placement. He said this would involve stakeholders and community members to determine where the cameras would be used. Rogers asked if seven days is common as she thought that Town Council Meeting Minutes January 4, 2011 Page 5 was a short period of time. Ron Braden, IT director, said the town uses a Bosh security system and it would depend on capacity and they would need another $7,000 to keep the video longer. Rogers asked Braden to look into the cost of keeping the video longer. She asked if there were cameras on the town buses and how long that video is kept. Braden said yes there are cameras on the buses and it depends on how long the bus runs and if there is an incident, on how long the camera video is kept. Go to memo to get information that daly had concerns about: Daly asked how long the data should be stored to feel comfortable with keeping the information in case there is delayed reporting of an incident. Henninger said within two weeks they know if there is an incident. Daly wants this to be the ultimate solution not a temporary fix. Mire said someone has up to six months to file a law suit per the statute of limitations. Foley asked if someone was going to look at the tapes everyday. Zemler said no. Donovan is uncomfortable with seven days let alone six months. Daly said page 3, 2"d paragraph. What does that mean. ??? gray out to protect privacy, video monitoring systems, page 4, add as section d. have a log and written approval by town manager or his designee and what circumstance. Cleveland said to stay focused on the six cameras before them and not about a policy at this point. Newbury said the nine businessed that were burglaraized. How many had their own cameras. Bettis said 4 businesses had cameras and only 2 were able to be used. Braden said the clarity on the cameras are high. The cameras are on timers to zoom in or broaden the view. Daly said what the town needs to approve use of the six cameras. Doug Johnson, asked how many frames per second are on the camera. If it's not part of a criminal 30 frames eprs second by brfaden. Kaye Ferry said the last time this discussion came up it was heated. She said this is not everywhere, she thinks that having the cameras is intrusive and offensive. Gwen Scapello, resident, said she is talking about public streets. This would be an asset. Rich Ten Brakk, VC BA, said he has personally spoken to folks that were victimized and they want the cameras to be used. It not the best idea but this is a given in the rest of the world. It's a security issue. Jim Lamont, VHOA, recalls the discussion a year ago and policy issues were going to be discussed and nothing has been set. He said he spoke with Henninger and told him due to economy there would be issues and here we are. Town is too quick to rush into technology quick fixes. Mike Cacioppo.... Donovan said she feels she is uneducated about monitoring systems and wants more time to have discussion about the technical issues. And wants a broader discussion on the policy issue. She supports initially becaue the community is in favor of it Town Council Meeting Minutes January 4, 2011 Page 6 overwhelmingly. Rogers said look at google earth and the expectation of privacy is naive and doesn't exist anymore. Is putting this six cameras legitmate in solving crimes and solving other matters. It si the chief's job to staff appropriately. There isn't a legitimate expection that you have privacy on public property. As far as the policy she wants to address it later. We have the tools to help the police solve crimes. She is in favor of it. She wants keep tapes for six months and have ability to defend the town against claims. Only going to be used owhen they are necessary and with town manager approval. Zemler said they just record over them selves. They have a data storage unit. Daly said after six months, get community input and moved to authorize the six loading and delvier cameras will retain recorded footage for seven days for storage and this resolution will be in place for six months at which staff will discuss the issue publicly and formulate a comprehensive policy with the desires of the community, 2nd by rogers. Cacioppo said one good thing about it is if we have rogue cops we better have the tapes. Newbury said she drives the cars for the Tivoli and the roads are constantly blocked. She is uncomfortable and wants to use the cameras for loading and delivery and keep it for loading and delivery. Foley said the cameras are used as a deterrent, seven days is more than enough time to keep the film. A vote was taken , and passed 7-0. The eighth item on the agenda was second 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 entertainment signs for theaters and menu boxes for eating and drinking establishments in theaters to be electronic signs, and setting forth details in regard thereto. Bill Gibson, Planner, said on December 21, 2010 the Vail Town Council approved the first reading of Ordinance No. 22, Series of 2010, as presented by a vote of 6-0-0. The Planning and Environmental Commission (PEC) recommends the Vail Town Council approve Ordinance No. 22, Series of 2010, on second reading. There were no modifications from first reading. Foley asked if this ordinance will be extended to include restaurants and other businesses. Gibson said the PEC and DRB will be meeting to have further discussions on that possibility. Foley made a motion to approve second reading of Ordinance No. 22, Series of 2010; and was seconded by Daly. Cleveland said it was a bad precedent to be setting as all the code changes are being done for one development and that development keeps violating the town ordinances. A vote was taken and the motion passed, 7-0. The ninth item on the agenda was first reading of Ordinance No. 1, Series of 2011, an Town Council Meeting Minutes January 4, 2011 Page 7 ordinance amending Section 12-16-7(A)(2), Use Specific Criteria and Standards, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for "beauty and barber shops with exterior frontage on a public way, street, or walkway" as a conditional use outside of the Commercial Core 1 and 2 zone districts and outside of the primary and secondary pedestrian mall within the Lionshead Mixed use 1 and 2 zone districts as defined by the Lionshead Redevelopment Master Plan, and setting forth details in regard thereto. Warren Campbell, Planner, said reviewing the 1981 regulations was to protect the horizontal views of the town. Over the years the intent of the regulations was warped a bit. Intent was no beauty and barber shops be on first floor in cci and ccii districts. On December 13, 2010, the Planning and Environmental Commission held a public hearing to discuss the proposed amendments to the Town's zoning regulations and a conditional use permit application to allow for a "beauty and barber shop" within the Ritz -Carlton. The Commission forwarded a recommendation for approval, for the proposed zoning regulation amendments to the Vail Town Council. Additionally, the Commission approved the conditional use permit request for a beauty and barber shop in the Ritz -Carlton, on the condition that the ordinance amending the regulations regarding the ability for the land use to have exterior frontage on a public way, street. or walkway was adopted by the Town Council. Staff has attached the memorandum to the Planning and Environmental Commission for reference. Space in at the northeast corner of Ritz -Carlton. This is a non -pedestrian mall area. Daly said the future Ever Vail project would make this a major pedestrian or vehicular way or public mall. Campbell said this would still be a conditional use permit. How do you apply to future development the master plan would have to be revisited. Mauriello said what you see on the map it would be prohibited in the designated. If you are out of the green area you can ask for a conditional use permit, but it may not necessarily be done. Would have to adopt a new the map. Criteria on pages 9 and 10 would be used. Foley made a moiton to approve 1st reading seconded by Newbury, a vote was taken and passed 7-0. STAFF RECOMMENDATION: The Planning and Environmental Commission recommends the Vail Town Council approves Ordinance No. 1, Series of 2011, on first reading. Made a motion to approve first reading of Ordinance No. 1, Series of 2011; seconded by ; a vote was taken and passed 7-0. Town Council Meeting Minutes January 4, 2011 Page 8 The tenth item on the agenda was second reading of Ordinance No. 15, Series of 2010, an ordinance amending Chapter 12-6, Residential Districts, Vail Town Code, to establish the Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. Bill Gibson, Planner requested the Council table the second reading of Ordinance No. 15, Series of 2010, to the Vail Town Council's January 18, 2011 public hearing. BACKGROUND: On December 7, 2010 the Vail Town Council tabled the second reading of Ordinance No. 15, Series of 2010, to its January 4, 2011 public hearing to allow staff and the applicant time to gather additional information for the Council's review. Since that hearing, Staff has continued to collaborate with the applicant and the Town's consultant, Winston and Associates, to establish a new zone district that allows for redevelopment yet preserves the existing character of the neighborhood. Made a motion to tablepd to January 18, 2011 , newbury 2"d by Donovan, passed 7-0 The eleventh item on the agenda was a request to have a continuance of Resolution 23, Series of 2010, a resolution amending Chapter VII, Vail Village Sub -Areas, East Gore Creek Sub -Area (#6) to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. This resolution is being reviewed in association with the proposed Ordinance No. 15, Series of 2010 Bill Gibson, Planner requested the Council table Resolution 23, Series of 2010, to the Vail Town Council's January 18, 2011 public hearing. BACKGROUND: On December 7, 2010 the Vail Town Council tabled Resolution 23, Series of 2010, to its January 4, 2011 public hearing to allow staff and the applicant time to gather additional information for the Council's review. Since that hearing, Staff has continued to collaborate with the applicant and the Town's consultant, Winston and Associates, to establish a new zone district that allows for redevelopment yet preserves the existing character of the neighborhood. Tjossem Made a motion , 2"d by Donovan 7-0 Town Council Meeting Minutes January 4, 2011 Page 9 The twelfth item on the agenda was a request to table 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. Bill Gibson, Planner stated on December 21, 2010 the Vail Town Council granted a continuance this item to the Council's January 4, 2011 public hearing. Since that hearing, the applicant (Vail Recreation District) and the appellants (Susan P. Johnson and Vail Mortgage Trust) have been negotiating an alternative location for the proposed golf course lightning shelter. Both the applicant and the appellant are requesting additional time to continue their negotiations. He requested the Council grant a continuance of this item to the January 18, 2011 Town Council public hearing to allow the parties additional time to obtain information. Newbury Made a motion to continue to 1/18/11 2"d by dononvan, table, 2nd by; passed 7-0. The thirteenth item on the agenda was adjournment (approximately 8:50 p.m.) Foley Made a motion to adjourn; seconded by tjoseem ; a vote was taken and passed 7-0. Adjourned at 8:;27 p.m. Respectfully submitted, Wf% SEAL *seeCleveland, ayor Attest: r Lorkef Yonaldson, Town Clerk Town Council Meeting Minutes January 4, 2011 Page 10