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HomeMy WebLinkAbout2013-12-03 Town Council MinutesVail Town Council Meeting Minutes Tuesday, December 3, 2013 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 Andy Daly. Members present: Andy Daly, Mayor Ludwig Kurz Margaret Rogers Greg Moffet Jenn Bruno Dave Chapin Dale Bugby Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Tammy Nagel, Acting Town Clerk The first item on the agenda was Citizen Participation. Jonathan Levine, Hummers of Vail, introduced himself to the new Council members and thanked Mayor Daly for meeting with him two weeks ago to discuss the concerns that Levine had regarding the transportation ordinance. Levine asked if any Council members would step up and lead citizens in developing a solution to problems in the current ordinance. Daly said the public works department and the police department will be working together to develop a strategy that will address the concerns of the increase in transportation vehicles at the transportation center. Rick Sackbauer, Eagle River Water and Sanitation District (ERWSD), told Council that the lights in the roundabouts are incredible and town staff did a great job. Sackbauer additionally shared with Council correspondence from ERWSD dated, November 26, 2013, regarding the Gore Creek water quality issues. Sackbauer spoke about ERWSD's partnership with the town and other stakeholders to improve the water quality and aquatic environment of Gore Creek. Sackbauer stated though EDWSD will be spending $60 million in the next 15 years upgrading the treatment processes at its three wastewater treatment plants, including the Vail plant, to reduce the discharge of nutrients to local rivers, that effort will still not remove Gore Creek from the state's list of waters impaired for aquatic use. The water quality and biological monitoring in Gore Creek indicated most of the impacted river is located up -stream of the Vail wastewater treatment plant. Sackbauer said the cause of impact was from the development along the creek, which has caused pollution in the storm water, which then makes its way to the stream. Sackbauer explained the ERWSD would be bringing the Colorado Water Town Council Meeting Minutes of December 3, 2013 Page 1 Plan for Council's review during the December 17 meeting and he hopes the Council will approve and adopt that plan. Karen Albright, property manager for Meadow Vail Place, requested the town give 10 feet of the 70 foot stream tract to Meadow Vail Place to be used for a lawn area. Council directed her to make an appointment with the town manager and for staff to come back to Council with their recommendations. There was no more citizen participation. The second item on the agenda was the Consent Agenda: 1) Approval of November 5, 2013 meeting minutes. Moffet made a motion to approve the November 5 meeting minutes with a second from Kurz. The motion passed unanimously 4-0-3 (Bruno, Bugby and Chapin abstained). 2) Approval of the November 19, 2013 meeting minutes. Moffet moved to approve the November 19 meeting minutes with a second from Kurz. The motion passed unanimously 7-0. 3) Resolution No. 16, Series of 2013 — Colorado Department of Transportation (CDOT) 1 year lease. Moffet made a motion to approve Resolution No. 16 with a second from Kurz. Rogers asked if Vail Resorts (VR) will be reimbursing the town for the lease of the Frontage Roads. Public Works Director Greg Hall stated the town has requested reimbursement. The motion passed unanimously 7-0. 4) Resolution No. 17, Series of 2013 — Colorado Department of Transportation (CDOT) 3 year lease. Moffet made a motion to approve Resolution No. 17 with a second from Kurz. The motion passed unanimously 7-0. The third item on the agenda was Town Managers Report. Town Manager Stan Zemler tabled the discussion of the construction use tax update until the December 17 meeting. Zemler had no further business to discuss. The fourth item on the agenda was the Eagle County Immigrant Advisory Committee Award. Vail Police Chief Dwight Henninger and Avon Police Chief Bob Ticer stated the Eagle County Law Enforcement Immigrant Advisory Committee had been recognized by the International Association of Chiefs of Police (IACP) with two awards for building trust between the immigrant community and law enforcement. The awards were presented during the IACP's annual conference on October 19 in Philadelphia. Daly complemented the team on their work and how important their work was to this community. The fifth item on the agenda was a 2014 Q/A Discussion with Representative Diane Mitsch Bush. Mitsch Bush talked to Council about the state's budget and how the state is committed to spending $2 million on promotional funding for creative industries; $36 Town Council Meeting Minutes of December 3, 2013 Page 2 million went into CSU and CU educational centers for future businesses; and $19 million was going toward mental health centers. Mitsch Bush's committee assignments include Agriculture, Livestock & Natural Resources; Joint Agriculture & Natural Resources; Transportation Legislation Review Committee; Transportation & Energy; and Water Resources Review Committee. Moffet asked Mitsch Bush for more funding assistance for the EGE airport which would assist with getting more vehicles off the interstate by offering more flights to the area. Moffet also asked Mitsch Bush to keep Council informed on issues when their voices are needed to be heard. Daly requested no more collective bargaining bills. Rogers asked Mitsch Bush to come back next year and added the discussion was very informative. The sixth item on the agenda was the Vail 1-70 Underpass Commitment Letter. Chief Engineer Tom Kassmel stated the town was awarded $14.6 million dollars of Responsible Acceleration of Maintenance and Partnership (RAMP) funding by Colorado Department of Transportation (CDOT) this past October for the design and construction of a new Vail 1-70 Underpass. Kassmel explained the town must match an additional $6 million and commit to this match through a Letter of Commitment to CDOT. The Town's matching funds had been budgeted through the Vail Reinvestment Authority (VRA) over the next 4 years. Moffet made a motion to approve the letter of commitment with a second from Kurz. Moffet asked the town attorney Matt Mire if the Council needed to reconvene as the VRA to approve the letter since the $6 million would be funded from tax increment financing dollars. Mire stated since the letter is not due to CDOT until the first of the year, Council could approve the letter tonight and at the town Council meeting on December 17 the Council could convene as the VRA to formalize the town's commitment on the record. With no further comment from Council or the public, the motion passed unanimously 7-0. The seventh item on the agenda was the Commission on Special Events (CSE) Annual Report to Town Council. Acting CSE Vice Chair Barry Davis shared with Council the CSE's two day process for allocating funding for events in 2014. Davis stated the first day consisted with meeting with event producers and having them present their proposals for the upcoming year of events. The second day the CSE members meet and discuss each proposal in depth and how that proposed event aligns with the Vail Local Marketing District Advisory Committee's (VLMDAC) strategy and the Vail brand. Davis stated the CSE was proud of the reported 2013 record sales tax and the return on investment. The CSE showed the money being spent on events had a $2.37 return in sales tax dollars. Davis said this information was calculated by using the numbers the event producers provided. Daly stated he had difficulty in the believability in the numbers that the event producers were providing for lodging nights and the economic impact to the town. Additionally, Daly noted that any event that Highline produced seemed to come back the following year and doubled in the funding being requested and cautioned the CSE in believing the producer's numbers. Economic Development Director Kelli McDonald reminded Council the CSE requested funding from Council in 2013 to contract for a follow-up evaluation by a third party that would develop methodology to measure this function. The results of this project would be presented to Town Council Meeting Minutes of December 3, 2013 Page 3 Council in early February, 2014. Moffet would like Highline to report real numbers rather than take responsibility for over the top sales tax. Rogers said Highline is a great event producer, but she agrees with Daly and Moffet and is not sure why the event producer does not present realistic event numbers. Davis moved onto the 2013-2017 CSE Strategic Plan saying the CSE had adopted a significantly improved set of operating guidelines with the objective of greater accountability, more rigor in why and how events are selected, and ultimately, greater effectiveness. Detailed within the revised Strategic Plan is a summary of the CSE's tightened strategic direction and a reevaluation of each allocation based on accurate recap information as measured against defined criteria. Davis said the CSE would like to formally adopt the plan at the next CSE meeting based on Council's vote today. Daly asked what CSE meant in their mission statement when they say "integration." Davis said its activation in both Lionshead and Vail Village. Daly also stated the strategic fundamentals stated "the CSE will encourage and recruit independent event organizers to produce events in Vail by acting in a supporting role to provide seed funding for the development of new events, as well as consistent funding for existing events that continue to contribute to the economic vitality of the community." Daly explained he could not support the "consistent funding" part of that statement due to possible future economic challenges. Chapin recommended changing the wording to "...as well as funding consideration for existing events." Davis said that change could be made. Rogers stated the CSE had come a long way in the last two years. Daly asked if there was any public comment and there was none. Moffet made a motion to approve the 2013-2017 Strategic Plan as amended per the discussion with a second from Kurz. The motion passed unanimously 7-0. Moffet made a motion to approve the 2014 CSE funding allocations as presented with a second from Kurz. The motion passed unanimously 7-0. Davis spoke to Council regarding two events the CSE did not have funding for due to the 10% cut from their budget, but the board still felt both events would fit in the event calendar. These events were Vail Living Well Summit and the Summer of Bluegrass concert series that would be held in Lionshead. Daly informed Davis of the additional funding the CSE received during todays Council work session for events that fit in Tier IV, such as the Vail Living Well Summit. Moffet asked for more information regarding the $80,000 funding request for the bluegrass series. Davis said the request is for up to $80,000 and really depends on the talent the producer can arrange. Bruno informed Council this series would take place on Wednesday nights, which could assist with getting mid -week overnight stays. Chapin added the series would be hosted in Lionshead which fills that niche. Rogers agreed and commented that Lionshead is getting the reputation as a venue for hosting cool live music. Rogers was willing to support funding up to $80,000. Daly asked if there was any public comment. Rayla Kundolf, Vail resident, business owner and CSE member, agreed $80,000 is a lot of money, but the higher dollars will bring a great musical lineup and people would come. Daly asked Kundolf why CSE didn't fund the bluegrass series if the board felt this was a great event. Kundolf stated the 10% decrease in the budget affected what events could be funded and the CSE additionally had asked many event promoters to come together and work on cost efficiencies. The event producer Ariel Rosemberg, with Lakeside Stride LLC, addressed Council and stated the event he was proposing was similar to the bluegrass event he produces in Town Council Meeting Minutes of December 3, 2013 Page 4 Denver and the caliber of the talent will depend on the funding assistance he receives from Council. Moffet asked if CSE was comfortable with bluegrass fitting the Vail brand. Davis said the board believed this would be an event everyone would feel comfortable going to. Bruno stated bluegrass has loyal followers who would travel to see their favorite bands. Town Manager Stan Zemler stated he wanted it to be clear the 10% cut from the CSE budget was an incorrect statement. The cut in the CSE budget in 2014 was from a onetime funding in 2013 for a Memorial Day Event and that funding was never to be permanent. Zemler went onto say that the funding for this event would need to come from the 2014 reserves and be a one time allocation with the hopes the event would be successful to stand on its own in 2015. Rogers agreed with taking the funding from the reserves and to have CSE come back after the event for a recap to see if Council should then increase the CSE's budget to assist with this event in the future. Bugby expressed concern the event would be competing with Bravo. Chapin stated he supported this event and acknowledged the Lionshead merchants wanted this event to happen. Kurz made a motion to allocate $50,000 to this event with a second from Moffet. Chapin asked the producer if he could put the event on for that allocated amount. Rosemberg stated he thought this event could still be produced at a high caliber for that amount. Daly said he liked the event but is troubled by spending money from the reserves and questions the Council's responsibility to the citizens and because of that he would not be supporting this motion. Zemler confirmed with Council this would be a onetime allocation. Rogers said yes it's a onetime allocation, but she wants to have a conversation in 2014 to possibly increase CSE's budget for 2015. The motion passed 6-1 (Daly opposed). The eighth item on the agenda was the second reading of Ordinance No. 19, Series of 2013, An Ordinance Amending Section 12-21-2, 12-21-11 and 12-21-14 of the Vail Town Code Regarding Hazard Regulations and Setting Forth Details in Regard Thereto. Tom Kassmel stated there were no changes to the ordinance from the first reading on December 3`d. Moffet made a motion to approve Ordinance No. 19 with a second from Rogers. Daly asked if there were any comments from Council. Bugby asked if this ordinance would affect property ratings for homeowners. Kassmel said it would not and this ordinance was required by the State of Colorado. Daly asked if there was any public comment and there was none. The motion passed unanimously 7-0. The ninth item on the agenda was the second reading of Ordinance No. 20, Series of 2013, An Ordinance Providing for the Levy Assessment and Collection of Town Property taxes due for the 2013 tax Year and Payable in the 2014 Fiscal Year. Assistant Finance Director Kathleen Halloran stated the town received an update from the County Assessor which showed a decrease in valuations by 2.5% from earlier estimates, or approximately $111,500 impact to revenue projections. Halloran said the 2014 budget for property tax is $4.3 million and will need to be adjusted during the first budget supplemental in 2014. The property tax authorized by Ordinance No. 20 will generate $4.2 million in revenue in 2014, representing approximately 8% of the town's total revenue. Moffet moved to approve Ordinance No. 20 with a second from Kurz. Town Council Meeting Minutes of December 3, 2013 Page 5 Daly asked if there were any comments from Council or the public and there were none. The motion passed unanimously 7-0. The tenth item in the agenda is the first reading of Ordinance No. 22, Series of 2013, An Ordinance making Budget Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund and Police Confiscations Federal Fund of the 2013 Budget. Assistant Finance Director Kathleen Halloran said this supplemental request would adjust the budget to reflect $699,600 of additional revenue and proposes an increase of $937,600 to expenditures. Daly asked if the town ran over budget on the Sundial project. Public Works Director stated the budget ran over due to the streetscape work and the addition of a retaining wall. Daly stated the town is doing a lousy job estimating town projects and asked how this could be rectified in the future. Rogers would prefer the projects be presented at a higher cost and come in below the estimate rather then continually requesting additional funding. Zemler said staff would provide a cost analysis for Council's review at the next meeting. Daly questioned if $27,000 from the police confiscated funds should be used toward the purchase of the mobile communications vehicle. Police Chief Dwight Henninger said there are very specific regulations on what those funds could be used for and this purchase is an appropriate use of these funds. Daly expressed concern the town if putting more money toward the mobile communication vehicle then the original agreement of a 50/50 split. Rogers and Chapin agreed with Daly that the town needs to stick to the original agreement of the 50/50 split. Moffet made a motion to approve Ordinance No. 22 with the adjustment to the funding for the mobile communications vehicle with a second from Kurz. Daly asked if there was any public comment and there was none. The motion passed unanimously 7-0. The eleventh on the agenda the first reading of Ordinance No. 23, Series of 2013 Commercial Ski Storage, An Ordinance Extending a Temporary Moratorium on the Processing and Approval of all Business and Land Use Applications for Private Ski Club Uses Within the Town. Community Development Director George Ruther stated that the staff had recently received several inquiries to operate private ski clubs within the town. Ruther said that pursuant to C.R.S. § 31-23-301, the town is empowered to regulate and restrict zoning, including but not limited to the location and use of buildings within its jurisdiction. Ruther additionally stated pursuant to C.R.S. § 31-23-303(1), the town's zoning regulations must be made in accordance with the comprehensive plan and designed to, among other things, promote health and general welfare within the town. Ruther explained staff needed additional time to gather information and study the impacts of private ski clubs and the zone districts in which they should be permitted. This ordinance would extend the current moratorium until June 17, 2014. Rogers said the moratorium originally was for 6 months and now staff is requesting the moratorium to be extended for another 6 months. Rogers asked Ruther why staff was requesting another six months. Town Manager Stan Zemler stated other town wide projects have been taking precedence. Rogers said extending the moratorium was not fair to businesses that are waiting for a decision. Daly asked if the town was in a position to make this permanent or does it need further study. Ruther felt the project needed more Town Council Meeting Minutes of December 3, 2013 Page 6 discussion concerning policy and conditional use permits to confirm the regulations will achieve the outcome the town wants. Moffet agreed this is a zoning discussion and staff needed to be thorough. Bugby asked how many applications staff has received for this type of business. Ruther replied that staff has received only one application at this time. Bugby suggested allowing the current applicant to go forward with the business using the current zoning. Moffet reiterated this is conditional use discussion and felt more comfortable with extending the moratorium. Daly asked if there was any public comment. Rick Mueller, business owner and ski storage business owner applicant, stated this is what people are looking for to expand their experience and it would additionally get more traffic back into town by Siebert Circle. Rogers asked Mueller when he would need to know Council s decision concerning policy and conditional use for his business to be prepared for the next ski season. Mueller stated he would need to know the town's decision within the next two months so he could start preparing the space for this kind of service. Moffet made a motion to approve Ordinance No. 23 as read with a second from Kurz. Rogers stated she would not be supporting the ordinance extending the moratorium an additional six months. Bugby agreed with Rogers that the six month extension is too long and requests the motion to be amended to extend the moratorium for two months. Daly asked Moffet he would consider amending his motion to extend the moratorium for 90 days. Moffet amended the motion to extend the moratorium for 90 days with a second from Kurz. The motion passed 6-1 (Rogers opposed). The Twelfth item on the agenda was the first reading of Ordinance No. 24, Series of 2013, An Ordinance Granting a Non -Exclusive Franchise Service Company of Colorado Regarding the Provision of Natural Gas Service in the Town. Town attorney Matt Mire stated the current franchise agreement between the town and Public Service Company of Colorado expires on January 31, 2014. For the Public Service Company of Colorado to continue to provide gas service in the town, it needs a franchise agreement from the town. Mires stated Council reviewed and discussed the franchise agreement in the executive session earlier today and reminded Council the franchise fee increasing from 2% to 3%, which would bring Vail to the same standards across the state. Rogers made a motion to approve Ordinance No. 24 with a second from Moffet. Rogers stated the section discussing termination, breech and accruement language stated 90/90 days and the town has never given this amount of time. She would amend her motion with the direction to the town attorney to amend that section to read 60/60 days notice. Matt requested the motion to be additionally amended to require the franchise company to provide reports of all suppliers of natural gas that utilize Xcel's facility to provide, sell and distribute natural gas to Vail residents. Daly asked if there was any public comment. Dudly Spiller, attorney for Xcel, requested the 90/90 language not be removed because there might be some extenuating circumstances suggested the language to be amended to state "reasonable time not to exceed 90 days." Daly asked if there have been any projects that have taken longer than the 90/90 and if that was due to circumstances from weather. Spiller stated he was not aware of any projects that have utilized that amount of time. Bugby stated he would support the 60/60 and 3% fee increase. The motion passed unanimously 7-0. Town Council Meeting Minutes of December 3, 2013 Page 7 The Thirteenth item on the agenda was Adjournment. There being no further business, Moffet made a motion to adjourn with a second by Bugby. The motion passed and Council adjourned at 9:00 P.M. Attest: ammy gel, wn Clerk Respectfully Submitted, An rew P. Daly, 0 Town Council Meeting Minutes of December 3, 2013 Page 8