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HomeMy WebLinkAbout2007-08-07 Town Council MinutesVail Town Council Evening Meeting Minutes Tuesday, August 7, 2007 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 Rod Slifer. Members present: Rod Slifer, Mayor Greg Moffet Kim Newbury Mark Gordon Kent Logan Farrow Hitt, Mayor Pro-Tem Kevin Foley Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Alan Kosloff spoke in support of continuing the construction of the new Seibert Circle fountain. Xavier Velasquez asked Council to be allowed to repair his roof as he was having difficulty matching materials used by his duplex neighbor three years past. Ruther stated this type of situation was anticipated when the class -A roof assembly ordinance was adopted earlier in the year. Cody White, Ed Davis and Jordy Coffee presented Council with a team photo as a token of gratitude for the town's continuing support of the Battle Mountain Hockey Team. The second item on the agenda was the Consent Agenda. • Approval of 07.03.07 and 07.17.07 Minutes. Moffet moved to approve the consent agenda without amendments with Foley seconding. Hitt recommended one change in regard to a motion and a second made on July 3. The motion passed unanimously, 7-0. The third item on the agenda was the Town Manager's Report. • Revenue Update. Finance Director Judy Camp reported sales tax collections for the month of June are expected to be $948,007, up $142,645 or 18% from last year. Year-to-date collections Y through June are expected to be $11.3 million, up 7.4% from the same period last year. For comparison, inflation as measured by the consumer price index was up 2.7% in June compared with the prior year. Construction permit revenue, which can be considered an indicator of redevelopment activity, continues its strong trend with year-to- date construction permit fees of $1.9 million, up 80% from the same period last year. Year-to-date permit fees include $1.4 million from major construction projects: the Arrabelle at Vail Square, Cascade Residences, Forest Place, Four Seasons, Lodge Tower, Lodge at LionsHead, Manor Vail, Mountain View (formerly Apollo Park), Ritz Carlton, Solaris, Vail Plaza Hotel, Westhaven Condominiums, and the Willows. Major projects were up approximately $680,000 or 87% over last year while non -major projects were up $181,000 or 61%. Construction permit fees include building, electrical, mechanical, plumbing and sprinkler permits. Year-to-date RETT collections through July 2007, total $3.6 million compared with $3.2 million for the same time period last year, a 12% increase. Major redevelopment projects including Gore Creek Place, Forest Place, and One Willow Bridge Road contributed $609,300, or 17% of the total in 2007 while only $276,500, or 9% of the total in 2006 consisted of major redevelopment projects. The third item on the agenda was a Vail Mountain Master Plan Update and Discussion. Representing Vail Mountain, Tom Allender explained how Vail Resorts had developed a zoning map for the front side and back side of the mountain. He then updated Council on Vail Resorts' plans to improve the capital infrastructure on the mountain. "Different uses are appropriate on different parts of the mountain ... In the next five to eight years the Vista Bahn will likely be upgraded... We are trying to take advantage of opportunities to disperse skiers." He also discussed possibly extending the Golden Peak race venue, enhanced snowmaking, improvements to chair five, as well as a new 500 seat fine dining restaurant west of the top of chair five. He stated there would not be a request to illliw increase the maximum allowable number of skiers on the mountain, which is currently set at 19,900. He then reminded the audience, "The Master Plan is a roadmap... It is not a set in concrete plan." Vail Resorts representative Dominic Mauriello reported Vail Resorts has applied for a conditional use permit to add a lift in West LionsHead. The fourth item on the agenda was a Vail 20/20 Strategic Plan Update. Planner Rachel Fried explained on January 17, 2006, Council approved a scope of work that included soliciting a facilitator to garner community participation and a consultant to assist town staff in drafting a vision and community plan. In February 2006, the town selected Design Workshop as the facilitator and consultant for this project. Beginning in March 2006, staff met with various stakeholders in the community who provided valuable insight into the process, including the Eagle River Water and Sanitation District, participants in the Vail Tomorrow process and the Vail Village Homeowners Association. The Vail 20/20 process officially began with a meeting of institutional stakeholders on Aug. 3, 2006 at Donovan Pavilion. The stakeholders provided input regarding individual organizational goals, as well as town and regional issues, which concern their organization. On Aug. 22 and 24, 2006 two community workshops were held at Donovan Pavilion to discuss Vail's existing values and Vail's vision for the future with members of the community. On Sept. 19, 2006, staff presented draft values and vision statements to the Town Council and provided an update on the Vail 20/20 process. Town Council provided comments on the drafts and instructed staff to proceed with the Vail 20/20 Strategic Plan process. On Dec. 5, 2006, the Council approved a draft set of goals and instructed staff to use those goals as the basis for the Vail 20/20 Strategic Plan. Since 7 December 2006, staff has been drafting the plan based on public and staff input. The next Vail 20/20 open house will be held Thursday, Aug. 16 at Donovan Pavilion from 5 to 7 p.m. to give the community an opportunity to review and provide input on the proposed document. A final draft of the document will be presented to the Council no later than its October 16 meeting for final review and adoption. Logan complimented Friede for her work on the project. He then suggested shortening the document and removing the 2007 community survey results from the appendix. Zemler then acknowledged Jamie Wilson and Suzanne Silverthorn for their efforts on the project, as well. The fifth item on the agenda was a Discussion of Seibert Circle Public Works Director Greg Hall reported construction documents for the Seibert Circle water/fire feature were received from WET Design on June 29, 2007. These documents provided the final detail and specifications to the contractors for the construction of the feature. This was the contractor's first opportunity to review and price a complete set of construction documents on the project. Based on the construction documents provided to the contractors, the cost of construction has increased from $421,311 to $607,876. Staff is suggesting a contingency amount of $27,500 due to the complexity of the work. Overall, the total projected budget for construction completion has increased from $675,000 to $875,000. Newbury clarified the total cost of the project including funding from outside sources (Vail Resorts, private donations) would be $1.7 million dollars. She then asked why the Vail Resorts contribution was not as large as originally thought to be. 111 do not think this is a good use of taxpayer funds ... I think this is a debacle and is embarrassing." Moffet moved to approve the project as presented with Gordon seconding. Bill Jensen, Chief Operating Officer for Vail Mountain, said his company is working on a substantial piece of public art that is to be placed at the Front Door project. Hitt asked Jensen if Vail Resorts would be willing to make an additional financial contribution to the Seibert Circle project. Jensen said he would investigate available resources. Hall clarified there are contingencies in the town's streetscape capital improvement budget that would be used to make up for the additional costs. The motion passed 5-2, with Newbury and Foley opposed. The sixth item on the agenda was the approval of the Purchase of Six Hybrid Electric Buses from Gillig Corporation. Public Works Director Greg Hall and Fleet Manager Todd Scholl informed Council the town has acquired permission to purchase six additional 40' low floor hybrid buses from the San Joaquin Regional Transit District. This is the same group from whom the town ordered its second low floor hybrid in June of 2007. Their contract has an "options" clause that allows the purchase of additional coaches which they can allow other transit agencies to participate in. The price for each coach is $515,771, the same price the town received in June for a total contract price for the six buses of $3,094,626. The town has secured one Federal Transportation Authority (FTA) grant (2007) of approx. $432,600 for a net cost to the town of $2,662,026. The six buses that are being replaced are 1996 model years and are the original in -town low floor Neoplan buses. The FTA's minimum life expectancy is 12 years for a bus. These buses will bring the number of in -town hybrid buses up to eight with two more scheduled for replacement in 2011. The delivery of the buses and the expenditure is one year from the contract signing. FTA grant funding FY 2008, 2009, and 2010 has been identified by the town for a transit center. The town is expecting somewhere close to $5.6 million over the three year period. Moffet moved to approve the purchase with Newbury seconding. The motion passed a unanimously, 7-0. Gordon clarified a hybrid bus cost $200,000 more than a conventional diesel bus. Gordon then moved to use $200,000 from the Real Estate Transfer Tax (RETT) Fund to make up the cost difference for each bus. Zemler said," We continue to act like the RETT Fund is robust ... We do have a modest reserve built up, and you would be using this reserve to fund this ... I'm not saying do or don't do it." Council agreed the idea of alternative funding of the buses using RETT dollars would take place in upcoming budget discussions. Gordon withdrew his motion. The seventh item on the agenda was the Purchase Replacement Parking Structure Gate and Fee Equipment, and Software. Public Works Director Greg Hall reported the parking equipment in the two garages was purchased in 1998. This is only the gate and ticket equipment and not the pay and display equipment. Parking equipment in general in Vail has lasted typically 7-9 years. An eight year replacement would be 2006. The town had anticipated the replacement of the LionsHead parking equipment with the redevelopment of the conference center site. Since this vote failed, staff then saw a possibility of the replacement of the outdated equipment with the completion of the potential redevelopment of the LionsHead parking structure, which is currently being negotiated. Over the past year, however, two things have become apparent. The final completion of the LionsHead structure is further off than was originally anticipated and this past winter season there were significantly more breakdowns than the winter prior. The breakdowns were of the magnitude where exit lanes were eliminated for weeks on end waiting for parts and service calls. Currently the parking equipment is budgeted in the capital budget in 2009. Staff has solicited quotes for replacement. Five proposals were received. A selection committee comprised of parking, finance and IT personnel was formed and the various venders were interviewed lillliw and the proposals were rated. Input was also obtained from Open Hospitality's (potential LionsHead redeveloper) parking consultant. It is staffs recommendation to move ahead the 2009 capital expenditure to 2007 and award the parking equipment contract to DGO/Federal APD for $390,348. Awarding the contract in August allows for installation and testing to be completed before the winter season. The contract allows the connection of two outlying lots (Ford Park and Soccer Field) to be connected to the main control computer. Credit card batching will be significantly updated and be performed on one computer line verses eight. The paper passes will be replaced with cards with micro chips and proximity readers. Vail Resorts is testing limited micro chip passes this year and in the future both passes could be integrated. If the equipment replacement is delayed until 2009, the town will experience an increase in the operating budget over the next two years of $25,000-$40,000 each year. The amount of time equipment is down could be weeks like this last winter verses a day or two A final factor is when the LionsHead structure is to be finished in 2013, it will be time for another replacement of parking equipment which the developer currently has in his budget. Moffet moved to approve the purchase with Gordon seconding. Gordon clarified the purchase would allow the town to increase guest service in the parking structures as more and more people are using credit/debit cards to pay for parking. The motion passed unanimously, 7-0. The eighth item on the agenda was the Request to Proceed through the Development Review Process, re: Vail Valley Foundation. a The applicant, Vail Valley Foundation, represented by Morter Architects, is requesting to proceed through the development review process with a proposal to construct an orchestra pit on town -owned land at the Gerald R. Ford Amphitheater located within Ford Park. Senior Planner Bill Gibson explained to Council it was the desire of the applicant to apply for a design review application to allow for construction of an orchestra pit at the Gerald R. Ford Amphitheater. The applicant must first obtain Town Council (i.e. property owner) approval before proceeding through the town's development review process. Moffet moved to approve the request to proceed through development review process with Newbury seconding. Slifer clarified no seats would be lost. The motion passed unanimously, 7-0. The ninth item on the agenda was the Request to Proceed through the Development Review Process, re: 201 Gore Creek Drive. The applicant, Herman Staufer, is requesting to proceed through the development review process with a proposal to construct private improvements on the Town of Vail owned Gore Creek Drive Right -of -Way. Senior Planner Bill Gibson reported to Council it was the desire of the applicant, Herman Staufer, to apply for an exterior alteration application and a design review application to allow for the construction of two new bay windows at the Pano Jewelry tenant space in the Bell Tower Building at 201 Gore Creek Drive. The proposed bay windows will encroach into the Gore Creek Drive Right -of -Way owned by the Town of Vail. The applicant must first obtain Town Council (i.e. property owner) approval before proceeding through the Town's development review process. Moffet moved to approve the request to proceed through the development review process with Newbury seconding. The motion passed unanimously, 7-0. The tenth item on the agenda was a Request to Proceed through the Development Review Process, 82 West Meadow Drive. The applicant, Becky Zyman, is requesting to proceed through the development review process with a proposal to construct improvements on Town of Vail owned Tract B, Vail Lionshead Filing 2. Senior Planner Bill Gibson announced it was the desire of the applicant to apply for a design review application to allow for landscape improvements on a Town of Vail owned Gore Creek stream tract (Tract B, Vail Lionshead Filing 2) adjacent to their residence at 82 West Meadow Drive. The applicant must first obtain Town Council (i.e. property owner) approval before proceeding through the town's development review process. Moffet moved to grant permission to proceed with the proviso staff keep Council alert of the process of the project with Hitt seconding. Hitt asked Gibson to return with an update on the progress of remediating projects undertaken on the town's stream tract right of way. The motion passed unanimously, 7-0. The eleventh item on the agenda was a Discussion of Use Tax on Construction Materials. Finance Director Judy Camp reported a construction use tax has been identified as a potential new revenue source to help fund the town's ongoing capital improvements needs, such as construction of a West Vail fire station, neighborhood street improvements, repairs to public buildings and acquisition of workforce housing. During a budget discussion with the Town Council last month, Camp presented the construction use tax as one of several revenue options. The Council also expressed interest in establishing a construction mitigation fee as well as increases in the town's construction permit fees to help offset ongoing costs associated with Vail's redevelopment. In il preparation for future discussions, the Council has authorized completion of a nexus study that will be used to independently document what the town is spending on construction mitigation activities, such as traffic control, construction management and related communications. The nexus study will be used to develop a proposed fee amount. In directing the town attorney to prepare a resolution setting a construction use tax for the November election, Council members noted their interest in inviting a community dialogue about the pros and cons of such a tax. The deadline for setting a potential tax question is Aug. 21. Currently no tax is collected on building and construction material for projects of any size within Vail. Had a four percent tax been in place, the town would have generated an estimated $2 million in 2005; $4 million in 2006; and $7 million in 2007, according to the town's calculations. A use tax could be collected at the time a building permit is issued based upon 50 percent of the project's valuation, according to Camp. A construction use tax is a common source of revenue to Colorado municipalities and is collected locally in Eagle and Gypsum following voter approval in 1998 and 1995, respectively. Moffet said, "I like the idea of exempting work force housing." He then made a motion to move forward with a resolution placing the construction use tax on the November ballot, with Hitt seconding. Gordon questioned pushing the issue and encouraged more analysis. "I think we should approach this a little more cautiously than we are." Logan emphasized there is a significant shortfall in the town's capital project budget and a more comprehensive approach should be considered. During public comment, Michael Cacioppo asked if exempting affordable housing projects from the tax would be unconstitutional. Estaquio Cortina asked for the initiative to be fair. Representing Vail Resorts Development Company, Keith Fernandez asked if this action would be double taxation. Representing the Vail Village Homeowners Association, Jim Lamont noted an interest in exhausting all forms of Tax Increment Financing methods before bringing a tax question to voters. Representing Vail Resorts, Bob Stozick asked for more thought to be put into the ballot language. "Costs for building on the Front Range are different than they are in the mountains ... We need to better analyze the ratios being used." Representing Peter Knobel, Dominic Mauriello encouraged using a Tax Increment Financing (TIF) District to generate improvements in the Solaris area. The motion passed 4-3 with Gordon, Newbury and Logan opposed. The resolution will be considered at Council's Aug. 21 meeting. The twelfth item on the agenda was a Second reading of Ordinance No. 21, Series of 2007, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, establishing Special Development District (SDD) No. 39, Crossroads. On June 25, 2007, the PEC held a public hearing on a request for a major amendment to SDD No. 39, Crossroads. The purpose of the major amendment is to increase the maximum allowable number of dwelling units from 75 to 77 dwelling units and to address several other minor changes, located at 141 and 143 Meadow Drive. Upon review of the request, the PEC voted 5-1-0 (Cleveland opposed) to forward a recommendation of approval of the request to amend SDD No. 39, Crossroads, to the Vail Town Council. On July 17, 2007, the Vail Town Council approved Ordinance No. 21, Series of 2007, upon first reading by a vote of 6-1-0 (Foley opposed). Moffet moved to adopt the ordinance with Gordon seconding. The motion passed 6-1, with Foley opposed. The thirteenth item on the agenda was the Second reading of Ordinance No. 22, Series of 2007, an ordinance amending Section 12-2-2, Definitions, and Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to allow for amendments to the regulation of temporary business offices. F, On July 17, 2007, the Vail Town Council approved Ordinance No. 22, Series of 2007, on first reading, with modifications, by a vote of 5-2 (Newberry and Logan opposed). The Council's modifications to include text limiting an extension of a temporary business office conditional use permit approval to three years has been integrated into the attached ordinance. Moffet moved to adopt the ordinance with Gordon seconding. Zemler said the town -owned and former Vail Valley Partnership office space had not been easily rented. "Due to that, the town will now try to rent the space as retail." Bill Jensen, Chief Operating Officer for Vail Mountain said letters of intent have been drafted for all the retail space in the Arrabelle at Vail Square. Logan said, "We don't have a more important employer than Vail Resorts." During a pause for public comment, Paul Rondeau asked for a more comprehensive discussion regarding the issue and asked for a better decision making process. "I think there is an image problem ... I think there has been a process problem." Due to a family emergency, Newbury had to leave the Chambers. LionsHead business owner Bill Jewitt said LionsHead businesses have suffered due to construction. "The question isn't really about do we lose a little bit of incremental sales tax today ... It's really about horizontal zoning." The motion passed unanimously, 5-0. The fourteenth item on the agenda was Resolution No. 15, Series 2007, A Resolution Approving the Purchase of Land in the Town of Vail, Commonly Known as Parcel No. 210311415019 by the Eagle County Assessor's Office, and Legally Described as Parcel A, a Resubdivision of Tract D, a Resubdivision of Vail Schone Filing No. 1, Town of Vail, Eagle County, Colorado. On November 21, 2006, Council passed Resolution No. 22, series 2006, a Resolution authorizing the acquisition of the Wendy's parcel through negotiation or condemnation, if necessary. Through negotiations, the parties have agreed to a purchase price of Two Million Dollars ($2,000,000.00). Resolution No. 15 is necessary to complete the purchase of the above mentioned property. Hitt moved to approve the resolution with Foley seconding. Foley mentioned the site might be a great place to park cars during the busy ski season. The motion passed unanimously, 6-0. For details, contact Matt Mire at 479-2460. The fifteenth item on the agenda was Resolution No. 16, Series 2007, A Resolution Adopting the Amendment to Protective Covenants of Vail/Lionshead, Second Filing, Eagle County, Colorado. Moffet moved approve the resolution with Gordon seconding. The motion passed unanimously, 6-0. The sixteenth item on the agenda was Resolution No. 17, Series 2007, A Resolution Authorizing the Town of Vail to Enter Into An Intergovernmental Agreement with the State of Colorado to Prepare a Transportation Master, Plan and Access Management Plan for the 1-70 Vail Frontage Road in Vail, Colorado. The Town of Vail has undertaken a revision of the Master Transportation Plan. Specifically, the need is to update the traffic operation characteristics that are being anticipated from the various development and master plan proposals that are currently being discussed. The town, through previous studies of the 1990 Master Transportation Study, the Lionshead Transportation Study and the 2002 Transportation Master Plan update, anticipated a certain amount of additional traffic generated by development. It Y became obvious that the previous projections would be surpassed if all the projected illllv development was built. The town and CDOT jointly undertook the study to update the traffic projections, understand the impacts of the additional trips and what measures may be necessary and acceptable to mitigate the impacts. CDOT has agreed to cover the entire cost of the study in the amount of $24,000. Moffet moved to approve the resolution with Gordon seconding. The motion passed unanimously, 6-0. For details, contact Greg Hall at 479-2160. The seventeenth item on the agenda was Resolution No. 18, Series 2007, A Resolution Adopting the Town of Vail, Colorado Grievance Procedure Under the Americans with Disability Act. The US Department of Justice audited the Town of Vail for compliance with Title II of the Americans with Disabilities Act (ADA) as part of Project Civic Access, an initiative designed to improve access to local government programs and facilities for persons with disabilities. Under an August 2004 Agreement between the USDOJ and the Town of Vail, one of the requirements is to adopt the attached Grievance Procedure, publish the procedure, and post it on the home page of the Town's website. Moffet moved to adopt the resolution with Gordon seconding. The motion passed unanimously, 6-0. The eighteenth item on the agenda was Adjournment. Moffet moved adjourn with Logan seconding at approximately 8:15 p.m. The motion passed unanimously, 6-0. �' o : 7 5�� Rodney E. Slifer, Mayor ATTEST: CO`OOO orel i Donaldson, Town Clerk Minutes provided by Corey Swisher.