HomeMy WebLinkAbout2008-06-03 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, June 3, 2008
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
Mark Gordon
Farrow Hitt
Kevin Foley
Kim Newbury
Margaret Rogers
Andy Daly
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer
The first item on the agenda was Citizen Input
Colorado Department of Transportation representative Michelle Halstead introduced
herself to Council. Halstead serves in CDOT's office of government relations and is a
point of contact for the community as it relates to CDOT issues and concerns.
The second item on the agenda was the Presentation of the 2007 Audit Report.
Michael Jenkins, C.A., C.P.A., and a principal of McMahan and Associates, LLC,
presented the results of the 2007 audit to the Council and the public. "This was an
independent examination of the town's financials." In accordance with section 9.11 of
the Vail Town Charter, an independent audit shall be made of all town accounts at least
annually. The audit shall be conducted by certified public accountants and copies made
available for public inspection at the municipal building. Jenkins reported the town's
finances are healthy and thanked Finance Director Judy Camp and Budget & Financial
Reporting Manager Kathleen Halloran for their diligent efforts and accounting accuracy.
Jenkins commented on an "except for" clause in the auditor's opinion concerning Timber
Ridge's ability to continue as a going concern. Regarding Timber Ridge, Daly
responded, "The net results are not a significant component to the overall financial
health of the town ... This is not a significant issue compared to the town's ability to meet
its financial obligation... It does not reflect the solid financial position of our community..."
Jenkins and Zemler clarified the recent credit card issues in the Vail parking structures
had been addressed and the system was improving.
The third item on the agenda was Betty Ford Alpine Gardens (BFAG) Update
BFAG Executive Director Ann Kurronen thanked Council for its continued financial
support. "Your supporting us has helped us become what we are today ... We are
nationally recognized in the botanic garden community ... We see 100,000 visitors come
through the gardens and we do not charge ... The gardens host numerous programs for
children and we do not charge for that either ... We will be celebrating our 20in
anniversary this summer.. Several programs are scheduled to celebrate the event...
Garden Smart, the longest running television garden show in the country, will be
producing a segment on what Vail does to beautify the city." Kurronen also mentioned
the gardens had been nominated as a finalist for the best botanic garden in the country
by Horticulture Magazine. Daly clarified the garden's budget was approximately
$400,000. Kurronen explained "We are pretty well planted as this point... We don't have
to spend a whole lot on plants anymore."
The fourth item on the agenda was the Town Manager's Report.
➢ Revenue Update.
Budget and Financial Reporting Manager Kathleen Halloran reported as part of revenue
monitoring and budget planning, staff will continue to follow current information on
available financial and economic trends such as housing sales, consumer confidence
and inflation. That information, along with year-to-date revenue collection, will factor into
the town's analysis of budgeted revenues. Two major revenue categories described
below include a brief summary of market or economic assumptions. Sales tax collections
continued at a healthy pace overall with January through April estimated collections of
$10.5 million, up 6.6% from last year. Meanwhile, the consumer price index is 3.9%
higher than April 2007, which identifies the portion of increase potentially caused by
inflation. Year-to-date sales tax revenue is 3.8% higher than budgeted for the same time
period. The month of April is estimated at $1.1 million, down 18.21 % from last year due
to the timing of Easter (March '08 versus April '07). The 2007/2008 ski season is
expected to be up 4.8% from the prior ski season, reflecting good snow. Year to date
property tax collections of $2.7 million are $802,000, or 42% higher than prior year. A
28% increase was budgeted for 2008. An additional 12-18% of incremental property tax
revenue ($450,000 - $650,000) was estimated when the county's final assessor's report
was published. Tax collections are tracking as projected. Use tax collections began as of
January 1, 2008. As of May 29, collections total $156,458. Although larger collections
throughout the summer construction period are anticipated, the town currently does not
have any revenue budgeted for this item in 2008. Ski lift tax revenue of $2.6 million
through April is up 7.5% from last year and November - April ski season revenue of $3.2
million is up 3.3% from the prior ski season. Year-to-date parking revenue of $2.9 million
through April, 2008 is up 6.0% from the same point in time last year. For the ski season
(November 2007 through April 2008), parking revenue of $4.5 million is up 11.2% from
the 2006/2007 season, mainly due to increased pass sales and pricing. Construction
permit volume is 34% higher than last year with construction permit fee revenue of $1 A
million through May 30, 2008, compared with $817,000 for 2007. The total annual
budget for this line item is $1.3 million. This year's revenue includes $902,000
(83% of the total) from five large redevelopment projects: Lionsquare Lodge North,
Mountain View, Ritz -Carlton, Safeway and Solaris. Major redevelopment projects
accounted for $519,000 (64% of total) at this time last year. Construction permit fees
from non -major projects have decreased by 36% from last year. Construction permit
fees include building, electrical, mechanical, plumbing, and sprinkler permits. RETT
collections of $2.9 million through May 26, 2007 are 30% higher than this time last year.
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2008 collections include the following major projects to -date: Arrabelle at Vail Square,
Forest Place, One Willow and Vail Plaza. Last year's collections included tax on a
portion of three large projects: Forest Place, Gore Creek Place and Manor Vail. Major
projects account for 46% of year-to-date collections in 2008, compared to 11 % of the
total in 2007. RETT collections from property transfers not related to major
redevelopment projects dropped by 22% year-to-date as of May, 2008, compared with
2007.
➢ Vail Child Care Center Re -Allocation.
The matter was addressed during the information update earlier in the day
The fifth item on the agenda was the Consent Agenda.
➢ Approval of 05.06.08 and 05.20.08 Town Council Minutes.
Hitt moved to approve the consent agenda with Rogers seconding. The motion passed
unanimously, 7-0.
The sixth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail
Town Code, of the Town of Vail DRB's denial of a Design Review application, submitted
according to Chapter 11, Design Review, Vail Town Code, to allow for installation of an
information kiosk, located on Tract B-C, Vail Village Filing 1 (On Bridge Street, north of
the Covered Bridge, across East Meadow Drive from the Vail Transportation Center,
near the skier statue).
Chief of Planning Warren Campbell explained that on May 7, 2008 the DRB denied the
design review application to allow for installation of an information kiosk. The DRB
denied the request with the finding that the design of the kiosk did not meet the intent of
Section 14-10-5A, Building Materials and Design, Vail Town Code. In particular, the
synthetic roof material proposed did not comply with Section 14-10-5.A, criteria numbers
1-3, Vail Town Code. DRB Chairman Pete Dunning said the matter comes down to one
issue. "The town wants to use a material that has not been approved to be used in the
Town of Vail ... Architectural appearance is key to the continued success of the town.
Rogers commented, "I'm a little embarrassed the town is asking for an exception to the
code that everyone else has to adhere to." Project Manager Todd Oppenheimer
responded, "This is a prototype installation and we are only asking for one of these at
this time." Oppenheimer explained that life expectancy is why staff recommended the
proposal. "For what things cost this is a pretty good deal". Newbury moved to uphold
the DRB opinion with Rogers seconding. During a pause for public comment, Kaye
Ferry spoke in support of the kiosks. "I'd say conservatively we've worked on this for ten
years maybe fifteen ... This is a little kiosk that is going to sit in the middle of the street
and protect all sorts of computer equipment; there are a lot special little things that need
to be built into this... We still have no mechanism to tell our guests where they are
standing and where they are going to go." Rogers stated for the record that design
standards do not only apply to residences. Daly encouraged having the kiosk
manufacturer work directly with the DRB. Foley asked for future discussion about the
cost and value of placing kiosks around town. The motion to uphold passed
unanimously, 7-0.
The seventh item on the agenda was the 2009 Triumph Winterfest Artist Selection.
Council was informed AIPP held an ice sculpture event in January, 2008.Seventeen ice
sculptures, lit internally with LED's were placed on Gore Creek Promenade where they
delighted all who saw them. AIPP has selected artist Lawrence Argent to once again
design ice sculptures for a 2009 event. The artist requested a design fee of $5,000
which includes taking responsibility for the artistic concept, site visits to determine
placement and being on site to assist with placement and installation. The AIPP Board
determined the total budget for the 2009 Triumph Winterfest, including artwork,
installation, lighting and publicity will not exceed $40,000. Funding for the project comes
from Triumph Development. AIPP Board members believe Triumph Winterfest makes a
significant contribution to the Town of Vail, provides entertainment and stimulates
cultural and economic vitality. Lawrence Argent, a nationally known artist will create ice
sculptures that will contribute significantly to Vail's reputation as a world class resort.
Council agreed the event was acceptable.
The eighth item on the agenda was a, LionsHead Inn LLC, represented by the Mauriello
Planning Group, request to proceed through the development review process with a
proposal to make improvements on town -owned right-of-way in conjunction with a
proposed redevelopment of the LionsHead Inn and LionsHead Inn Annex (Fabulous Vail
Glo).
Chief of Planning Warren Campbell reported to Council it was the desire of the applicant
to apply for an amended major exterior alteration application and design review
application to make improvements on town -owned West LionsHead Circle right-of-way,
in conjunction with the approved LionsHead Inn and LionsHead Inn Annex
redevelopment known as Strata. The proposed improvement was a vehicle pull -off area
that could accommodate two vehicles. The applicant was required to obtain Council (i.e.
property owner) approval before proceeding through the town's development review
process. The Community Development Department recommended Council deny the
applicant's request to proceed through the development review process. Applicant
representative and architect Will Hentschel provided Council with a brief description of
the project. Project applicant Rocky Cortina said the purpose of the request was to make
the entrance to the proposed development more inviting. Gordon moved to grant the
applicant permission to move through the development review process with Hitt
seconding. Newbury asked if the proposal was an adequate location for loading and
delivery. "I think you would expect to see there would be a lot more than just for Strata."
Allison Kent from the Mauriello Planning group said onsite drop-offs had been
investigated. Rogers said we don't want to encourage hotel drop offs on the public right-
of-way. "The request is we give up public right-of-way so they can have more property."
Cleveland commented, "There is insufficient room for existing uses today and (if
approved) we take the ability away from the town to address the issues that exist today
let alone to address issues in the future." The motion failed 3-4 with Hitt, Gordon and
Foley voting in favor.
The ninth item on the agenda was the First reading of Ordinance No. 9, Series of 2008,
an ordinance amending SDD No. 6, Vail Village Inn, pursuant to Section 12-9A-10,
Amendment Procedures, Vail Town Code, to allow for an addition to the Osaki Sushi
Restaurant, located at 100 East Meadow Drive/Lot O, Block 5D, Vail Village Filing 1.
The applicants requested Council table the first reading of Ordinance No. 9, Series of
2008, to its July 1, 2008, public hearing to allow the applicants additional time to resolve
issues related to the condominium association's approval of this request. On April 28,
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2008, the PEC voted 4-0-2 (Kjesbo and Viele recused) to forward a recommendation of
approval, with conditions, for a major amendment to SDD No. 6, Vail Village Inn, to allow
for an addition to the Osaki Sushi Restaurant, located at 100 East Meadow Drive/Lot O,
Block 5D, Vail Village Filing 1. On May 20, 2008, Council tabled this item to June 3,
2008, hearing at the applicants' request. Gordon moved to table the item until July 1
with Daly seconding. Hitt expressed concern the town was placing onerous demands on
the applicant. The motion passed unanimously, 7-0.
The tenth item on the agenda was the first reading of Ordinance No. 14, Series of 2008,
an Ordinance Amending Title 1, Chapter 3, Section 2 of the Vail Town Code by the
Addition of the Definition of the Word "Publication."
Town Attorney Matt Mire said Section 4.10 of the Town Charter requires publication of
ordinances upon their introduction and adoption. The Charter does not define what is
required by "publication". In 2007, the town spent $19,693 for publication of its
ordinances in the Vail Daily, requiring the Town Clerk to increase the office advertising
budget during the third supplemental appropriation by an additional $12,000. In 2008,
the town has spent $8,106 to date to meet its legal requirement for publication of these
notices. Nationwide, studies have shown that 73% of households have a computer in
their home or have access to a computer at work or at their local libraries. This
percentage increases in locations such as Vail where citizens have a higher education
rate than the national average. An estimated 70 percent of properties in Vail are owned
by part-time residents. By publishing the town's ordinances on its Web site (vailgov.com)
not only will all property owners have direct access to the ordinances it is also more
fiscally and environmentally responsible. Cleveland and Mire clarified the ordinance
would give town staff complete control over the process (as opposed to relying on
adequate and timely publication by the Vail Daily). General Manager of Colorado
Mountain News Media (publisher of the Vail Daily), Steve Pope stated the real issue at
hand, "is that raw communication supports the democratic process... These channels
only work for people who already have an interest in a town happening... The Vail Daily
reaches 92% of your constituents ... Open government is the significant issue here."
Realvail.com co-owner David Williams said by posting legislation on the internet Council
was not hiding information from their constituents. "We (realvail.com) are an alternative
that exists to help you drive traffic ... We could help drive traffic to your site by cross -
linking ... It's an archaic notion to print page after page of nine -point font ordinances in the
Vail Daily." Kaye Ferry and Michael Cacioppo spoke in support of maintaining print
publications. Realvail.com co-owner Tom Boyd encouraged Council to give it the option
to change. Rogers moved to approve the ordinance with Newbury seconding. Hitt said
he believed the town should not entirely pull out of the newspaper. Daly commented,
"I'm in favor of communicating with our constituents in as many ways as possible."
Cleveland said the change would serve as an additional tool for the future and "gives us
more options." The motion passed 5-2, with Foley and Gordon opposed. Mire apologized
to Council for not providing more detail as he believed the item was more explanatory.
The eleventh item on the agenda was the second reading of Ordinance No. 13, Series
of 2008, an Ordinance amending Chapter 12-2, Definitions, Article 12-7G, Heavy
Service District, Chapter 12-14, Supplemental Regulations, and Chapter 12-16,
Conditional Use Permits, Vail Town Code, to allow for sexually oriented businesses as a
conditional use in the Heavy Service District.
On May 12, 2008, the PEC voted unanimously to recommend approval of the proposed
text amendments to the Vail Town Council. On May 20, 2008, the Vail Town Council
unanimously approved Ordinance No. 13, Series of 2008, upon first reading.
Newbury moved to approve the ordinance as subject to the findings on page 2 in the
staff memorandum dated June 3 with Gordon seconding. The motion passed
unanimously, 7-0.
The twelfth item on the agenda was Adjournment.
Newbury moved to adjourn with Hitt seconding at approximately 8:30 p.m. The motion
passed unanimously, 7-0.
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Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Minutes provided by Corey Swisher.