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HomeMy WebLinkAbout2009-06-02 Town Council MinutesVail Town Council Meeting Minutes Tuesday, June 2, 2009 6:00 P.M. Vail Town Council Chambers Members present: Dick Cleveland, Mayor Mark Gordon Kevin Foley Margaret Rogers Andy Daly Farrow Hitt Kim Newbury Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. The first item on the agenda was Citizen Participation. Cleveland announced the Town Attorney Matt Mire was recently married. He then announced Daly had received a national ski industry award. The second item on the agenda was the Town Manager's Report. a. Revenue Update Budget and Financial Reporting Manager Kathleen Halloran announced that when all sales tax returns are received for the month of April, collections for the month were expected to be $1,229,258 up 11.9% from April, 2008, due to the timing of Easter (April '09 versus March '08). April collections are also up 8.8% from the 2009 budget. Year-to- date total sales tax collections are down 14.7% from 2008 and down 9.0% from budget. The ski season so far (Nov — April) is down 12.4% from last ski season. Inflation as measured by the consumer price index was flat, or -.7% for the month of April compared to prior. Use tax collections as of May 27, 2009, total $97,769, a 40% decrease from this time last year. Ski lift tax revenue of $2.4 million through April is down 6.3% from this time last year and November - April ski season revenue is down 3.3% from the prior ski season. Construction permit revenue through May 27 totals $264,654 down 76% from 2008. The 2009 budget assumed a 62% drop. The decrease in activity from the prior year is due to both major and non -major redevelopment projects underway in 2008. Major redevelopment projects so far this year make up 60% of the total. Revenue from non -major projects is down 50% from 2008. RETT collections through May 27, 2009, total $854,542. This amount is a 72% decrease from last year due to both major and non -major redevelopment projects. Eagle County as of March, 2009, is down 72% in sales dollars and down 62% in the number of sales transactions. At this time last year, the town had collected over $3.0 million in RETT from sales of major redevelopment projects such as Arrabelle, Forest Place, One Willow and the Vail Plaza. Year-to-date 2009 has seen limited sales from major redevelopment projects and is down 77%. Collections not related to major projects year-to-date are 66% down from this time last year. Year-to-date parking revenue from daily sales of $3.5 million is up 23% from this time last year. For the ski season (November 2008 through April 2009), parking revenue of $4.5 million is up 22% from the 2007/2008 season, mainly due to increased pass sales and pricing. Daly clarified the Construction Use Tax was significantly below budget. The third item on the agenda was a Bicycle Friendly Community Presentation. Landscape Architect Gregg Barrie reported the town applied to be recognized as a Bicycle Friendly Community, a program established by the League of American Bicyclists. The town has been recognized with a Bronze award for its commitment to bicycling. Elizabeth Train with Bikes Belong then presented the award to Cleveland. Cleveland noted the town had been proactive in developing bicycle trails long before such activities became popular. The fourth item on the agenda was an appointment to the Vail Local Licensing Authority (LLA) board. All applicants to the LLA must be citizens of the United States, qualified electors of the Town of Vail, and have resided in the Town of Vail for not less than two years preceding appointment, and shall have no direct financial interest in any license to sell alcoholic beverages or any location having any such license. Duties of the five -member board include review of all Town of Vail liquor license applications. There was one vacancy on the LLA. The Town received one (1) application for the vacancy. Council interviewed the applicant, Jill Landman Alfond, at the work session. Daly moved to appoint Landman with Rogers seconding. The motion passed unanimously, 7-0. The fifth item on the agenda was the Consent Agenda. b. Approval of 05.05.09 & 05.19.09 Town Council Minutes. Foley moved to approve the minutes with minor amendments with Daly seconding. The motion passed unanimously, 7-0. The sixth item on the agenda was the presentation of 2008 audit report. McMahan & Assoc. representative Michael Jenkins presented the 2008 audited financial statements. Jenkins provided a clean audit opinion of the town's finances. As opposed to previous years, Timber Ridge Affordable Housing Corporation (TRAHC) showed a very positive cash flow in 2008. Due to a recent bond refinancing, the town will pay less interest on bonded indebtedness. "It's safe to say that the town is in a good financial position in 2009... The accounting and controls systems are sound." Daly thanked McMahan & Assoc. for a very comprehensive job. He then thanked staff for doing an excellent job in managing the town's finances. The seventh item on the agenda was an Award Roadway Slurry Seal Maintenance Contract. Town Engineer Tom Kassmel asked Council to authorize the Town Manager to enter into an agreement with A-1 Chipseal Company to complete the 2009 Capital Street Maintenance Slurry Seal Project. Staff received bids from three contractors for the 2009 Capital Street Maintenance Slurry Seal Project, with A-1 Chipseal Company being the low bidder. The project was publicly bid using Bid Bridge, a reverse auction public bid process. This is the first time Vail has used this type of reverse auction process, as a result of a presentation made by Bid Bridge last fall. The process was successful and resulted in a low bid, well below the budgeted estimate. The following are the three final bids: A-1 Chipseal Company $137,687.90 Quality Resurfacing Co $139,700.50 Intermountain slurry seal $173,500.00 Daly moved to approve to authorize the request with Rogers seconding. Foley clarified the work would take place mostly in northwest Vail. The motion passed unanimously, 7- 0. The eighth item on the agenda was the First reading of Ordinance No. 12, Series of 2009, an ordinance establishing Special Development District No. 41, the Vail Row Houses, pursuant to Article 12-9A, Special Development (SDD) District, Vail Town Code. On May 5, 2009, Council tabled the first reading of Ordinance No. 12, Series of 2009, to its June 2, 2009, hearing by vote of 5-1-0 (Foley opposed). The PEC recommended Council approve on first reading, Ordinance No. 12, Series of 2009, an ordinance establishing SDD No. 41, the Vail Row Houses, pursuant to Article 12-9A. Applicant representative Dominic Mauriello provided an overview of the property's current zoning. It was clarified that party wall agreements are not enforceable by the town and can not be relied upon as defacto zoning. Daly said allowing additional Gross Residential Floor Aera (GRFA) would incentivize owners to modernize their units. Rogers stipulated that any approved snowmelt system should be environmentally friendly. Vail Homeowner's Association representative Jim Lamont provided a history of the project and asked for consistency in standards for height, bulk and mass. Daly moved to approve the ordinance with Newbury seconding. Rogers clarified a proposed Art in Public Places donation would be received in a single payment. Cleveland commented, "I've never seen a public benefit as a reason to create an SDD... I'm really uncomfortable with it...I think any changes in the SDD should be required to be approved by Council... Every other SDD in this town has to come in to get permission from both boards." The motion passed 5-2, with Hitt and Cleveland opposed. The ninth item on the agenda was Ordinance No. 15, Series of 2009 an Ordinance Defining Electronic Personal Assistive Mobility Device ("EPAMD"); Establishing Regulations Regarding the Operation of Such Devices in the Town of Vail. Rogers moved to approve the ordinance with Hitt seconding. While discussing use of the Segways on the recreation paths, Hitt expressed concern snowmobiles had been allowed to operate within the town right-of-way in the past. Gordon clarified the ordinance did not define tours. During a pause for public comment, Kay Ferry said Segways should not be allowed on the Covered Bridge in Vail Village. Public Works Director Greg Hall explained the Bridge and Slifer Plaza are considered pedestrian areas as opposed to roadways. During a pause for public comment Michael Caccioppo said handicapped individuals should be allowed to cross the Covered Bridge on Segways. Hitt clarified the Covered Bridge could be considered a dismount zone. Daryl Bangert spoke in support of the use of Segways. A Segway is a two -wheeled, self - balancing electric vehicle. The name "Segway" is a homophone of "segue" (a smooth transition, literally Italian, for "follows"). Computers and motors in the base of the device keep the Segway PT upright when powered on with balancing supported. Users lean forward to go forward, lean back to go backward, and turn by using a "Lean Steer" handlebar, leaning it left or right. Segway PTs are driven by electric motors at up to 12.5 miles per hour. Gyroscopic sensors are used to detect tilting of the device which indicates a departure from perfect balance. Motors driving the wheels are commanded as needed to bring the PT back into balance. Segways have had success in niche markets such as transportation for police departments, military bases, warehouses, corporate campuses or industrial sites. The legal road worthiness of the Segway varies with different jurisdictions' classification of the device as a motor vehicle. The motion passed 6-1, with Gordon opposed. The tenth item on the agenda was the Second reading of Ordinance No. 7, Series 2009, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, and amending Special Development District (SDD) No. 39, Crossroads. Campbell explained On March 9, 2009, 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 77 to 78 dwelling units. Upon review of the request, the PEC voted 6-1-0 (Pierce opposed) to forward a recommendation of approval of the request to Council. On May 19, 2009, Council approved the first reading of Ordinance No. 7, Series of 2009, by a vote of 4-3-0 (Cleveland, Foley, Daly opposed). Rogers moved to approve the ordinance, with Newbury seconding. Cleveland said he thought the space would make a good commercial location (particularly for a restaurant). Daly commented, "I don't believe this is consistent with the development goals of the town." Foley reiterated Cleveland and Daly's remarks. The motion passed 4-3, with Foley, Daly and Cleveland opposed. The eleventh item on the agenda was the Second reading of Ordinance No. 13, Series of 2009, an ordinance amending the approved development plan for Phase IV of Special Development District No. 6, Vail Village Inn, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of two existing fractional fee club units to dwelling units, located at 16 Vail Road (Vail Plaza Hotel) / a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1. On May 19, 2009, Council approved the first reading of Ordinance No. 13, Series of 2009, with modification by a vote of 4-3-0 (Cleveland, Foley, and Newbury opposed). Connie Dorsey asked that the applicant not be forced to move until there is a TCO on another unit in the building. During a pause for public comment, Robert Vogel said there was a pattern of deceit being exhibited by the applicant and there was no compelling reason to grant the applicant's request. Fractional owner's legal representative Lindsey Richards spoke against allowing the applicant to continue to live there. The applicant, Waldir Prado, said he had been occupying a vacant unit and no one had been negatively financially impacted. Rogers stated, I don't feel like I was given a straight story on it... I don't have a good feeling we are going to know what is happening here... I don't feel like passing this ordinance on second reading is going to help the Town of Vail... I do have an interest in hot beds." Rogers then moved to deny the ordinance with Newbury seconding. Foley said employee housing in the hotel should be satisfactory for any employee of the hotel. Hitt said he felt like he had been misled. He also agreed that employee housing should be adequate for the applicant. Newbury said one of the town's overriding policies is to maintain hot beds. Cleveland said the solution that was presented was not in the public interest. "It is inconsistent with the SDD approval plan." Daly said there is a lot more revenue the town is giving up than was previously anticipated. The motion passed unanimously, 7-0. The twelfth item on the agenda was Resolution No. 17, Series of 2009, a Resolution Approving an Intergovernmental Agreement (IGA) Between the Town of Vail, Colorado and the State of Colorado Department of Revenue (DOR) regarding the authorization to administer Commercial Driver's License (C.D.L.) driver skills testing. Mire asked Council to approve the IGA, and authorize the Town Manager to sign and enter into the IGA with DOR. The town has been providing CDL examiner services for its employees for many years. Without the approval of the state in the form of the IGA, the town's C.D.L. Examiner licenses will be lost and the town will not be able to train and test new seasonal drivers next fall. If that was allowed to happen the town would need to find another third party tester, most likely in the Denver area. The expenses and timing would be very prohibitive. Foley moved to approve the resolution with Hitt seconding. The motion passed unanimously, 7-0. The thirteenth item on the agenda was Adjournment. Foley moved to adjourn with Newbury seconding at approximately 9:00 p.m. The motion passed unanimously, 7-0. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk