HomeMy WebLinkAbout2005-10-18 Town Council Minutes0
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Vail Town Council Evening Meeting Minutes
Tuesday, October 18, 2005
6:00 P.M.
Vail Town Council Chambers
Council Members Present: Rod Slifer, Mayor*
Dick Cleveland, Mayor Pro -Tern
Diana Donovan
Kim Ruotolo*
Farrow Hitt
Greg Moffet*
Kent Logan
Staff Members Present: Stan Zemler, Town Manager
Pam Brandmeyer, Asst. Town Manager
Matt Mire, Town Attorney
*Ruotolo arrived at approximately, 6:15 p.m.
Moffet arrived at approximately, 6:34 p.m.
Slifer arrived at approximately, 6:35 p.m..
Mayor Pro-Tem Dick Cleveland called the meeting to order at 6:05 p.m.
The first item on the agenda was Citizen Input.
Kaye Ferry, Executive Director of the Vail Chamber & Business Association (VCBA)
announced a Vail Town Council candidates forum would be held at 6 p.m., 10.19.2005
at Donovan Pavilion.
Mery Lapin, Conference Center Oversight Committee member, stated he was not willing
to support the conference center. He outlined four primary concerns:
1. Price inflation of the project.
2. Arch itect/construction contractor ability to meet budget.
3. Little confidence with projections related to income and revenue.
4. Difficulty with the architecture of the project.
Lapin went on to say, We are building a very expensive project at the wrong time ... I
think the project will have monetary shortfalls from day one ... Without rooms (public
accommodation units) it controls, the conference center will look less attractive to event
planners ... 85% of potential conferences are covered by existing facilities... Do we really
want to have conferences consisting of 2,000 to 3,000 people ... I don't find the present
architecture of the project attractive, and honestly find it to be an eyesore."
Representing Citizens for Choice in Government, Peter Runyon provided an information
presentation regarding Eagle County election measure 1A. Runyon suggested a county
home rule type of government provided many advantages over the current three
commissioner form of government. Runyon reported three significant impacts:
1. Expand to five county commissioners.
2. Non -partisan elections.
3. Better geographic representation.
He then outlined the four steps to Home Rule implementation:
1. Vote yes to authorize a home rule charter committee.
2. Vote for candidates to serve on the committee.
3. Elected committee then meets during a 240 day period to draft a charter.
4. Charter is voted on by all electors in Eagle County.
Zemler clarified the commission was not locked into expanding the commission to five
(any number deemed appropriate by the voters could be decided). See Resolution No.
18.
The second item on the agenda was a review and recommendation of the Parking Task
Force for 2005-2006 season. Public Works Director Greg Hall reviewed parking
recommendations of the Parking Task Force and asked Council to approve parking
policies for 2005-06. Council established the Parking Task Force to provide direction
regarding parking operation policies for each year. The three areas in which the Task
Force believed attention was warranted included the need to adjust the inequities of the
shopper parking with the rates within the structure, address the price of the value passes
to reflect the price increases from years past, and to address the increased demand of
the construction workforce this season. The Parking Task Force recommended the
following changes to the parking policies for the 2005-2006 season. All rates would
remain consistent with the 2004-05 winter season with the exception of the following:
1. Provide two options for the shopper spaces
➢ 0-2 hours for the $3 rate; or
➢ 0-3 hours for $5 rate
2. Raise the price of the value pass which has remained constant for the last five years
➢ Vail Status from $5 to $6 non peak and from $10 to $12 peak
➢ Eagle County Status from $6 to $7 non peak and from $12 to $14 peak
In recognition of increased demand during the week due to the construction workforce, it
was recommended the town provide a construction company pass option. This pass
would be allowed in LionsHead only, Monday to Thursday, when LionsHead typically
has 300-400 available spaces. The pass would be restricted during the peak period of
the holidays, Dec. 26 to Jan. 5. Sales of the pass would be limited to construction
companies to be used by employees and subcontractors. Task Force member Cleveland
stated the construction pass was a way to better utilize town facilities and maximize
parking structure revenue. The construction pass would be $400 for the season. R.A.
Nelson construction was reported to be currently preparing to operate shuttle buses for
its employees from a lot in Minturn with Vail Resorts Development Company considering
a similar option. Ruotolo expressed concern construction workers were receiving
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preferential treatment with the $400 parking pass. Representing the VCBA, Kaye Ferry
supported the recommendations. Moffet moved with Ruotolo seconding a motion to
approve. The motion passed unanimously, 7-0. Slifer thanked Cleveland and Hitt for
spending their time on the Task Force.
The third item on the agenda was the first reading of Ordinance No. 24, Series of 2005, an
ordinance deleting Title 4, Chapter 4, Articles A and B, Vail Town Code as they relate to
time share disclosure and registration requirements; amending Title 12, Zoning Regulations,
to clarify the time share regulations. On September 12, 2005, the Town of Vail Planning and
Environmental Commission (PEC) held a public hearing on the proposed amendments.
Upon review of the 'amendments, the PEC voted 7-0-0 to forward a recommendation of
approval of the request to the Vail Town Council. Moffet moved with Cleveland seconding a
motion to approve. Mire answered a question brought forth by Donovan regarding the
ordinance stating what fractional ownership is not. Mire clarified by attempting to state in
town code, "what something is not would require listing `everything' fractional ownership is
not." Hitt verified, "When you buy into a fractional fee club, you are buying into a club, not a
titled property." Fractional fee clubs and fractional ownership are different uses. The motion
passed unanimously, 7-0.
The fourth item on the agenda was the second reading of Ordinance No. 22, Series
2005, an ordinance to adopt the 2006 Budget. Finance Director Judy Camp reported the
budget proposal is the result of discussions throughout the summer and reflects the
guidelines and philosophies developed by this council and previous councils. Revenue is
budgeted conservatively. The Fund Balance in the General Fund remains above 35% of
revenue during the time of redevelopment (47% in 2006). This proposal allocates 60% of
the town's 4% general sales tax revenue to the General Fund and 40% to the Capital
Projects Fund. Any allocation of less than 50% to the Capital Projects Fund requires a
super majority vote. Moffet commended the Finance Department and the Town Manager
for their hard work on the budget. Commenting on an item in the Capital Projects Budget
for $965,000 for East Meadow Drive streetscape, he stated heating East Meadow Drive
was a substantial increase in operating costs, which were previously estimated at
$30,000 to $40,000 and would now be higher. He also stated concern about greenhouse
gas effect because of snowmelt. Due to those concerns, Moffet said he would vote
against the budget. Hitt asked to include funding for a coupon offering free parking on
Wednesdays in the Vail Loves You Coupon book. He explained the books had not been
mailed out last year limiting adequate and appropriate distribution. Vail Chamber and
Business Association (VCBA) Executive Director Kaye Ferry explained the book would
be mailed out by the book publisher this year. In 2004, $37,000 worth of parking
coupons included in the Vail Coupon books was redeemed. Brandmeyer clarified there
were to be five black out dates and the coupon would include an expiration date this
year. Moffet questioned why the employee housing buy -down program funding was not
included in the 2006 Capital Projects Budget. Zemler stated the program has not been
used in prior years and the amount budgeted for 2006 would be rolled over. Since
$10,000 had been spent for the Eagle County Down Payment Assistance Program in
2005, the amount to be rolled over was $190,000, which included $100,000 rolled from
the 2004 budget and $90,000 from 2005. Moffet and Ruotolo stated the purpose of
rolling the funds over in addition to new funding each year is to accumulate funds to
purchase different types of housing inventory. Hitt asked if there was any tax benefit for
free market owners to sell their house into a buy down program. Forrest stated only
open space land contributions offered tax benefits to a seller. Council directed staff to
• include $100,000 in the 2006 Capital Projects Budget for the Buy -Down Program.
Brandmeyer added parking had been requested from Battle Mountain High School
Hockey for two days. Council would not support the request if it occurred on the Martin
Luther King Holiday. In response to a question concerning use of the business license
fee, Camp clarified the fees go into the Vail Marketing Fund and, per ordinance, are
used for marketing only. In 2005 and 2006, funds available from business license fees
would be disbursed through the Commission on Special Events (CSE). In previous
years, other organizations were given funds from business license fees to provide
marketing and special events. Council requested the Vail Marketing Fund be renamed to
avoid confusion and Mire clarified there was no statutory obligation regarding the name,
only the use of the fund. Moffet stated he wanted to eliminate a sense of entitlement to
program recipients of the business license fees. Ruotolo moved for adoption of the
budget with Logan seconding. The motion passed 6-1, with Moffet opposed because of
the East Meadow Drive streetscape discussed above. Zemler publicly commended
Finance Director Judy Camp and Budget Analyst Gina Davis for their exhaustive and
meticulous work on the budget. He also thanked Brandmeyer for her efforts with the
budget.
The fifth item on the agenda was the second Reading of Ordinance No. 23, Series
2005, an ordinance repealing and reenacting Title 6, Chapter 3, Article I of the Municipal
Code of the Town of Vail relating to restraining order violations. Since the Town of Vail's
adoption and codification of its restraining order legislation in 2004, several of the
Colorado Revised Statutes referenced and cited in the Town Code relating to restraining
orders have been repealed by the Colorado General Assembly. As such, the restraining
order prohibition as set forth in the Vail Town Code prohibition has been re -written to
delete the repealed statutes. Cleveland moved with Moffet seconding a motion to
approve. The motion passed unanimously, 7-0.
The sixth item on the agenda was Resolution No. 11, Series 2005, a resolution
supporting Referenda C and D, The Colorado Economic Recovery Plan, The Council is
authorized, pursuant to C.R.S. § 1-45-117(1)(b)(III)(A) to pass a resolution taking a
position of advocacy on a referred measure. Resolution No. 11 was such a resolution
for consideration. Zemler stated revenues from Referendum D would allow bonding to
occur for a significant amount of transportation projects. On 1-70 near Vail Pass there
would be an eastbound climbing lane project valued at $7,000,000 and 1-70 at Dowd
Junction would possibly realize $13,000,000 in renovations. He qualified it was difficult to
immediately assess specific benefits potentially brought about by Referendum C.
Representing the Vail Village Homeowners Association, Jim Lamont, asked why Council
would not pass a resolution whether supporting/or not supporting the proposed Vail
Conference Center. He then stated East Vail residents were concerned about the
possible expansion (climbing lanes) of 1-70 near Vail Pass. Moffet stated without C or D
there would be no future transportation dollars available for mitigating anything (noise)
on 1-70. Bill Jewitt reiterated Lamont's comments regarding taking a stance on support
for the conference center. Paul Rondeau stated he believed the operation of the
conference center was within control of the town and Council should take a stance on it.
Moffet moved to approve the resolution with Slifer seconding. Donovan then asked
Council to take a stance on the conference center. Ruotolo, Logan and Donovan stated
they did not believe it was appropriate for the Council to take a position on Referendums
C and D. The resolution failed 2-5, with Slifer and Moffet voting in the affirmative.
The seventh item on the agenda was Resolution No. 18, Support for Referendum la,
the Home Rule Charter Commission. The Council is authorized, pursuant to C.R.S. § 1-
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45-117(1)(b)(III)(A) to pass a resolution taking a position of advocacy on a referred
measure. Logan moved to approved with Donovan seconding. The motion passed
unanimously, 6-0. Slifer was not present for the vote.
The eighth item on the agenda was Resolution #19, Series 2005, authorizes the Town
Manager to enter another five year contract with the Colorado Department of
Transportation at a renegotiated amount. Public Works Director Greg Hall reported the
town entered into a contract with the Colorado Department of Transportation on October
24, 2000, and took over maintenance services on the Frontage Roads between MM
172.2 to MM 180.3. The contract was a five year contract and was to expire on October
24, 2005. Moffet moved with Ruotolo seconding a motion to approve. Slifer clarified it
was the renewal of a five-year contract. Cleveland verified the contract made "economic
sense" and allowed the town to provide enhanced levels of service. Hitt stated the level
of service provided by the town is exemplary as compared to the snow removal provided
by the state. The motion passed unanimously, 7-0.
Donovan made a motion to direct staff to draft a resolution opposing the conference
center referendum. Hitt seconded the motion. The motion failed 3-4 with Donovan,
Cleveland, Hitt voting in the affirmative.
Moffet moved to direct staff to draft a resolution in support of the conference center
referendum. Logan seconded the motion. The motion passed 4-3 with Donovan,
Cleveland and Hitt opposed.
The ninth item on the agenda was the Town Manager's Report. There was nothing to
report.
The tenth item on the agenda was Adjournment. Ruotolo moved with Moffet seconding
a motion to adjourn at approximately 7:58 p.m. The motion passed unanimously, 7-0.
ATTEST:
Lorelei or aldson,
Town Clerk
Minutes provided by Corey Swisher.
Rodney E. Slifer, Mayor
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