HomeMy WebLinkAbout2008-11-18 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, November 18, 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.
Police Chief Dwight Henninger announced the Vail Police Department recently received
an award from the International Chiefs of Police for community policing efforts.
LionsHead business owner Tommy Neyens asked for loading and delivery pass
requirements at Checkpoint Charlie to be reviewed.
Local realtor Sarah Thorsten spoke in support of a change to the "Open House" sign
ordinance (allowing more than two per property).
Local restaurateur Susan Fritz expressed concern about loading and delivery.
The second item on the agenda was the Town Manager's Report.
a. Performance Bonds for Large Projects.
Town Attorney Matt Mire said the town currently required a 125% performance bond for
public improvements.
b. Wildfire Mitigation Update.
Fire Chief Mark Miller said the Fire Department had removed 835 dead trees from public
property. The town's wild land fire crew was able to remove the trees at a significant
cost savings as opposed to the private sector. 419 Vail homeowners were informed of
dead trees that were required to be removed from their private property. The Fire
Department has also generated significant revenue deploying crews to wild land fire
efforts on the west coast. Wild Land Fuels Mitigation Manager Tom Talbot reported the
wild land fire crew focused on the high risk Intermountain and East Vail areas. The Fire
Department also provided subsidized wood chipping for local homeowners.
The third item on the agenda was a Discussion of Dispersed Loading and Delivery
Policies in Vail Village.
Public Information Officer Suzanne Silverthorn asked Council to review the three options
for dispersed loading and delivery in Vail Village and to provide direction for
implementation. During the summer of 2007, a 17-member working group was formed to
evaluate current loading and delivery practices and to recommend options for future
implementation of a dispersed loading and delivery network in Vail Village using a
combination of underground delivery bays at three major development sites (Mountain
Plaza, Vail Plaza Hotel and Solaris) as well as on -street loading zones. The group
included representatives from the retail, restaurant, lodging and delivery sectors as well
as representatives from the Town Council, chamber associations and the residential
neighborhood. This group identified ten goals for Vail's loading and delivery efforts and
presented a series of recommendations to the Vail Town Council on October 16, 2007.
While seven interim recommendations were approved during the 2007 Town Council
discussion, decisions on implementation of additional policies were deferred until
completion of the community loading and delivery bays at Mountain Plaza (formerly
Front Door). This facility was opened for community use on November 17, 2008, and
includes up to 13 public loading and delivery bays that are currently available on a
voluntary basis. On November 11, 2008, the Loading and Delivery Working Group
reconvened to tour the Mountain Plaza facility and to offer comment on the policy option
recommended by staff. Council reviewed the recommendations and selected Option A
with a modification to extend on -street delivery on Gore Creek Drive to 10:30 a.m.
(rather than 8:30 a.m.)
The approval is as follows:
--Work on the final refinement and monitoring of the Mountain Plaza
loading dock operational rules with Vail Resorts and vendors to address
the questions raised during the November 11, 2008, tour.
--Beginning January 9, 2009, conduct a 60-day pilot program for
on -street delivery available from 4 a.m. to 8:30 a.m. on Bridge Street,
and from 4 a.m. to 10:30 a.m. on Gore Creek Drive, followed by use of
outlying, dispersed options from 6 a.m. to 6 p.m. Education and
monitoring will be used as alternatives to strict enforcement.
--Provide an interim update to the Town Council after approximately 30
days (February 17, 2009 meeting).
--Reconvene Loading and Delivery Working Group for review and
evaluation on March 2, 2009.
--Present evaluation of Option A effectiveness to the Town Council on
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March 17, 2009, with recommendations for modifications, as needed.
Daly asked if the proposed changes would be financially onerous on restaurateurs. Hitt
said one of the groups' objectives was to minimize any additional costs to local business
owners. Local restaurateur Susan Fritch asked if any accommodations would be made
for inclement weather (subsequently causing delayed deliveries). Police Commander
Susan Douglas verified accommodations would be made. Douglas clarified there would
be a two week public information period prior to rigid enforcement being undertaken.
Local hotelier Paul Johnston expressed concern about potential truck congestion on
Hanson Ranch Road. Susan Fritz stated, "I don't want our best efforts to adversely
affect the vitality of the Village...I don't think the UPS driver is a problem on the street...I
am somewhat opposed to banning trucks totally." John Cogswell asked if the loading
docks at Mountain Plaza were being utilized. Hall said the docks had only opened the
day prior. Cogswell then encouraged starting the program during the upcoming ski
season. Hermann Staufer said he did not want Vail Village business owners to feel like
they were being penalized for doing business in that area. "The merchants should not
be penalized by having higher costs for taking deliveries." The Police Department will be
responsible for identifying times when inclement weather has created the necessity for
delivery delays. Hitt moved to approve the recommendation with Daly seconding. Vail
Village Homeowner's Association representative Jim Lamont asked if the stairs at
Wildflower Chute would be converted into a ramp. "After looking across the town... I
have to say I am so incredibly proud of what this community has arrived at ...We are
ready to be what we have become... The best winter resort in the world." Johnston
expressed concern the parking spaces to the north of the Christiania Lodge were
proposed to be used for skier drop-off. Douglas clarified no delivery noise complaints
had been received in the past five years. Daly clarified the delivery plan was
enforceable. Dick Neal asked where Colorado Mountain Express would be able to drop
off hotel guests. Local business owner Bill Hanlon said the proposal could work if
everyone participates. "It can work if we have good enforcement... People love the
pedestrianization of areas... We have to protect our streetscape." Foley stressed not
being severely "heavy handed" with enforcement as the program proceeds. Daly said
he was impressed with the work that had taken place on the issue. The motion passed
unanimously, 7-0.
The fourth item on the agenda was the Timber Ridge Redevelopment / Consideration
the recommendations of staff and the Timber Ridge Redevelopment Advisory Council
(TRRAC) regarding the process for redevelopment of Timber Ridge.
Zemler reported three process alternatives for the redevelopment of Timber Ridge had
been identified and evaluated by staff and the TRRAC. The alternatives include 1.)
Issuing a request for qualifications (RFQ); 2.) Pursuing a design/build process with the
town as developer; and 3.) Negotiating with Vail Resorts to develop the property.
Zemler then encouraged Council to direct staff to initiate a 45-day negotiation with Vail
Resorts to develop the property. "We have held on to this for all the right reasons and
we have come to a time when a transition is needed... there needs to be a very detailed
conversation about financing... Someone will need to produce 20 to 30 percent equity to
acquire the type of financing that is necessary...I think we are pretty savvy when it
comes to what we are looking at Timber Ridge." The town will more than likely be
required to pay the debt on the land prior to any new development being undertaken. "If
there is a significant negative it is the scale of the debt ... This project is going to require a
unique partner/developer... We want deed restrictions ... We want a land lease and we
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are going to need money ... I believe Vail resorts is most aligned with the Town of Vail for
the short and long term ... I believe Vail Resorts has the financial ability now to do this
project." During a pause for public comment Suzanne Mueller asked Zemler what
affordable housing meant. Zemler said "pillow" rates were targeted from $675 - $900. "1
don't mean that's affordable...I mean that's what we are looking at at this point." Local
developer Tom Stone encouraged the Council to pursue a request for qualifications
(RFQ). "I think Vail Resorts is going to be part of the solution for Timber
Ridge... Financing has not come to an end... It's tougher than it should be." Cleveland
asked how the town could determine if a group has the ability to finance this project.
Dallas based developer Open/Hillwood Partners representative Tom Braun encouraged
Council to pursue an RFQ. "If you don't do an RFQ you don't know what is out there."
Vail Homeowner's Association representative Jim Lamont encouraged Council to pursue
the redevelopment of Timber Ridge in preparation for the next robust economic period.
Local developer Jen Wright encouraged Council to pursue the redevelopment along with
Vail Resorts. "This is a good opportunity to take a chance." Vail Resorts representative
Keith Fernandez said the company would be interested in pursuing negotiations with the
town. Newbury moved to issue an RFQ for the redevelopment of Timber Ridge with
Rogers seconding. Fernandez said if the town was to issue an RFQ, Vail Resorts would
continue to pursue the North Day Lot. Daly expressed concern that bond market
volatility (the town owes $19 million for the project) was severe enough to warrant
immediate negotiation with Vail Resorts. Speaking in support of an RFQ, Rogers
commented, "I think competition is good and knowledge is power." Foley spoke in
support of negotiating with Vail Resorts. He then encouraged the development of a
Simba Run underpass or another pedestrian 1-70 walk -way in the area. Cleveland
shared Daly's concerns about the economy and spoke in favor of pursuing a deal with
Vail Resorts. During a pause for public comment, Rick Scalpello asked if Council should
vote on the Timber Ridge Redevelopment Advisory Committee's recommendation prior
to voting for the motion on the floor. Ruther clarified a parking discussion would be held
by the PEC in the very near future. Local developer Peter Knobel said the town should
enter negotiations with Vail Resorts. The motion passed 5-2, with Daly and Foley
opposed.
The fifth item on the agenda was a Discussion of the Town of Vail Newsrack Regulations
for the 2008-2009 Ski Season.
Town Attorney Matt Mire explained in 1999 the Town of Vail (the "Town") adopted
Ordinance No. 20, Series of 1999 (the "Ordinance") which set forth a certain time, place
and manner in which regulations relating to the placement of newsracks on Town -owned
property and rights -of -way would be decided by lottery. Among other things, the
ordinance established two specific "Newsrack Boundaries" in Vail Village and Lions
Head respectively. For the reasons set forth in the ordinance, the town has a continued
obligation and responsibility to regulate news racks located on town -owned property and
public rights -of -way for protection of the public heath, safety and welfare. In connection
with the regulations adopted in the ordinance, which was codified and made part of the
Vail Town Code in Title 8 Chapter 6, the town established various newsrack "clusters"
within both of the above -referenced Newsrack Boundaries. The Vail Village and
LionsHead newsrack clusters appear today in a slightly modified form due to
redevelopment. Because there currently exists more demand than available newsrack
space within the two newsrack Boundaries, the staff had planned to hold a lottery to
allocate the available space. The lottery was not going to give priority to any certain
publication(s). Prior to conducting the lottery, the Vail Mountaineer requested that
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priority be given to publications which publish more frequently. A priority system as
suggested is set forth in Section II(D) of the draft regulations. Vail Daily publisher Steve
Gall clarified the publication of the Vail Trail had ceased. "We will continue to publish the
Mountain Weekly." Orographic Enterprises publisher Chris Amoroso said many
publications had been attempting to improve their positioning in newsracks. "There
should be a solution to get relevant information into these boxes... There have been long
term customers who have not been able to improve their positioning in these boxes."
American Educational Institute representative Diane Coggin spoke in support of not
disenfranchising existing publications. Vail Mountaineer publisher Jim Pavelich spoke in
support of giving preference to publications based on frequency. Gordon moved to go
forward without giving preference to frequency of publication in a lottery that would
maintain current regulations until May 31, 2009, at which time the town intends to have
new regulations in place which set forth a process for allocation of newsrack space
moving forward. Newbury seconded. Daly said in the spring of 2009 the newsrack
system needed to be totally revamped. The motion passed unanimously, 7-0.
The sixth item on the agenda was the Second reading of the 2009 Budget Ordinance
No. 25, Series 2008.
Council gave final approval to a $51 million budget for 2009. In approving the budget at
the meeting, Council directed Town Manager Stan Zemler and his staff to closely
monitor expenditures and incoming revenue in the event additional adjustments are
needed. The budget as approved reflects a transfer of $750,000 from the General Fund
to the Capital Projects Fund in recognition of the need to sustain Vail's world class
infrastructure. The transfer is made possible by an $800,000 cut in the General Fund as
directed earlier by the Town Council. This means 61 percent of the $19.4 million
projected sales tax is allocated to the General Fund and 39 percent to the Capital
Projects Fund. This adjustment to revenues boosts the fund balance in the Capital
Projects Fund to $3.9 million for 2009 and leaves the General Fund with a surplus of
approximately $38,000 for 2009 and ending fund balance of $21.7 million. When the split
is greater than 50-50, the budget adoption process requires a super majority vote of the
Town Council, which was approved on a 5-2 vote. Earlier during the budget process, the
Council directed town staff to cut or defer projects to reduce expenses for 2009 in
response to the changing economic climate. Specifically, revenue from both Sales Tax
and Real Estate Transfer Tax (RETT) were reduced by a total of $1.2 million.
Expenditures were also adjusted by $6.5 million for 2009; General Fund operations were
reduced by approximately $800,000; and capital projects in both the Capital Projects
Fund and RETT Fund of $5.6 million were deferred until 2010. In total, projected 2009
revenue of $50.1 million is a 5.7 percent decrease from 2008. The 2009 budget includes
up to a six percent merit pool for full-time employees, which was discussed at length by
Council on Nov. 4 and again on Nov. 18. Gordon initially moved to approve the
ordinance with Newbury seconding. Daly commented, "I believe we are charging
forward and not reflecting the economic environment we are living in right now." He then
urged Council to be conservative as they moved forward. "I think there is a sense this is
gong to be a very difficult winter." Daly then reminded Council capital forecasted
improvement needs exceeded anticipated revenues. Budget and Financial Reporting
Manager Kathleen Halloran said all revenue projections would be closely monitored.
Foley spoke in support of providing restrooms near Mayor's Park on West Meadow
Drive. Gordon encouraged Council to support the merit increase for employees in order
to encourage excellent customer service. Rogers said she believed the town could not
afford to cut back on human capital when more would be expected of employees.
During a pause for public comment, Rick Scalpello urged Council to use caution moving
forward as the world's economic situation was tenuous. "This is not a conservative
budget in the climate we are in." Foley then expressed concern that employee
compensation and benefits had rapidly increased. The motion failed, 4-3, with Foley,
Daly and Hitt opposed. A super majority of at least five votes in favor was required for
the budget to pass. Human Resources Director John Power stated, "Our competitive
situation has deteriorated." Newbury commented, "It seems to me that we are looking for
an arbitrary number to cut." Hitt moved to table the budget until December 2, with Daly
seconding. "To operate under a state of fear is not the way to do it," Hitt said. The Town
Manager was directed to find budget reductions in the General Fund. Rogers then
recommended looking for new revenue sources. Cleveland emphasized Council would
have ample time to make adjustments as time goes on. The motion to table the item
failed 3-4 with Foley, Daly and Hitt voting in favor. Rogers moved to approve the
budget as proposed with Newbury seconding. The ordinance passed 5-2, with Daly and
Foley opposed.
Newbury left the meeting.
The seventh item on the agenda was the Second reading of Ordinance No. 21, Series
of 2008, for prescribed regulations amendments to Section 14-10-7, Outdoor Lighting,
Vail Town Code, to allow for amendments to the outdoor lighting standards, and setting
forth details in regard thereto.
On October 7, 2008, the Town Council voted to approve, with conditions, Ordinance No.
21, Series of 2008, on first reading. Since the October 7th hearing, staff has been
revising the proposed ordinance language to address the Council's conditions of
approval and comments received from the public. During a pause for public comment,
Gwen Scalpello expressed concern over construction lighting and proposed exemption
to governmental agencies. Steve Prawdzik esquire acknowledged Council for their
interest in the issue. "I'm pleased with the way this is going." He also expressed
concern about governmental exemptions to the proposed regulations. Hitt moved to
approve the ordinance with the condition that language be added to not allow the Town
of Vail to be exempt from the lighting regulations, with Daly seconding. The motion
passed unanimously, 6-0.
The eighth item on the agenda was the Second reading of Ordinance No. 23, Series of
2008, an ordinance amending Chapter 12-22, View Corridors, Vail Town Code, pursuant
to Section 12-22-4, Adoption of View Corridors and Section 12-22-5, Amendments, Vail
Town Code, to adopt two new view corridors and amend one existing view corridor in
LionsHead.
On October 13, 2008, the PEC voted 3-0-1 (Pierce abstained) to forward a
recommendation of approval to adopt two new view corridors and amend one existing
view corridor in LionsHead, pursuant to the recommendations outlined in Chapter 4,
Recommendations -Overall Study Area, Public View Corridors, LionsHead
Redevelopment Master Plan. On October 21, 2008, Council unanimously approved the
first reading of Ordinance No. 23, Series of 2008. Rogers moved to approve the
ordinance with Hitt seconding. Foley noted a scribner's error on the agenda and staff
memorandum. The motion passed 5-1, with Foley opposed.
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The ninth item on the agenda was the Second reading of Ordinance No. 24, Series
2008. An Ordinance Approving A Holy Cross Energy Utility Easement within the Town
of Vail Open Space between Matterhorn Circle and Upper Matterhorn Circle.
Town Engineer Tom Kassmel said an existing overhead electric line used to cross the
middle bench of Donovan Park's open space without an easement. This year Holy
Cross Energy lowered this stretch of overhead line at the request and cost of a private
homeowner. Neither the existing nor the current electric lines have had a dedicated
easement. Holy Cross and town staff wanted to have an easement granted to
accommodate the new buried line. Daly moved to approve the ordinance with Rogers
seconding. During a pause for public comment, Suzanne Mueller stated she had been
denied the opportunity to be provided with a similar easement or access. The motion
passed unanimously, 6-0.
The tenth item on the agenda was the First Reading of Mill Levy Certification, Ordinance
No. 28, Series of 2008.
Mill Levy Assessments must be certified to the County for collection annually; this
ordinance authorizes certification. These numbers were only an estimate. Staff was
waiting for current information from Eagle County for accurate numbers. Rogers moved
to approve the ordinance with Foley seconding. Gordon clarified the meaning of an
abatement levy. Rogers then withdrew her motion as did Foley on his second. Council
agreed to reinstate the abatement levy. Cleveland moved to approve the ordinance with
Daly seconding. The motion passed 5-1, with Hitt opposed.
The eleventh item on the agenda was the Second reading of Ordinance No. 26, Series
of 2008, an ordinance rezoning a Town owned property, pursuant to Section 12-3-7,
Amendment, Vail Town Code, to allow for the rezoning of Parcel A, a re -subdivision of
Tract D, Vail Das Schone, from Commercial Core 3(CC3) District to General Use (GU)
District.
On October 27, 2008, the PEC voted 7-0-0 to forward a recommendation of approval for
a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail
Town Code On November 4, 2008, Council unanimously approved Ordinance No. 26,
Series of 2008, on first reading. Daly moved to approve the ordinance with Foley
seconding. The motion passed unanimously, 6-0.
The twelfth item on the agenda was the Second reading of Ordinance No. 27, Series of
2008, an ordinance rezoning a Town owned property, pursuant to Section 12-3-7,
Amendment, Vail Town Code, to allow for the rezoning of Parcel B, a re -subdivision of
Tract D, Vail Das Schone, from Two Family Primary/Secondary(P/S) District to Housing
(H) District.
On October 27, 2008, the PEC
recommendation of approval for a
Section 12-3-7, Amendment, Vail
unanimously approved Ordinance t
moved to approve the ordinance
unanimously, 6-0.
voted 6-1-0 (Proper opposed) to forward a
zone district boundary amendment, pursuant to
Town Code. On November 4, 2008, Council
Jo. 27, Series of 2008, on first reading. Rogers
with Foley seconding. The motion passed
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The thirteenth item on the agenda was Resolution No. 24, Series of 2008: Approval of
Vail Local Marketing District's amended 2008 budget.
This supplemental request was presented earlier to the Vail Local Marketing District
(VLMD) Board and the Town Council for approval of a winter marketing effort. Town
Council is now requested to approve VLMD's amended budget. Gordon moved to
approve the resolution with Hitt seconding. Foley mentioned VLMD dollars could be
used to directly fund special events. The motion passed, unanimously, 6-0.
The fourteenth item on the agenda was Adjournment.
Hitt moved to adjourn with Daly seconding at approximately10:47 p.m. The motion
passed unanimously, 6-0.
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• Dick Cleveland, Mayor
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ATTEST:
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Lorelei Donaldson, Town Clerk