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