HomeMy WebLinkAbout2009-07-07 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, July 7, 2009
6:00 P.M.
Vail Town Council Chambers
Members present:
Staff Members:
Dick Cleveland, Mayor
Mark Gordon
Kevin Foley
Margaret Rogers
Andy Daly
Farrow Hitt
Kim Newbury
Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation.
Dominic Mauriello asked Council to reconsider a previously read Ordinance that failed.
Council directed staff to put the item on the July 21 agenda.
Peter Woods stressed concern about a parking problem in East Vail.
The second item on the agenda was the Town Manager's Report.
a. Revenue Update.
Budget & Financial Reporting Manager Kathleen Halloran reported that when all sales
tax returns are received for the month of May, collections for the month are expected to
be $508,320, down 18.3% from May, 2008. Year-to-date total sales tax collections are
down 15% from 2008 and down 9.4% from budget. Inflation as measured by the
consumer price index was down (-1.3%) for the month of May compared to 2008. Use
tax collections as of June 30, 2009, total $220,083, a 36% decrease from this time last
year. Construction permit revenue through June 30 totals $402,369, down 72% from
2008. The 2009 budget assumed a 66% 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 45% from 2008. Real Estate Transfer Tax (RETT)
collections through June 30, 2009, total $1.1 million. This amount is a 70% decrease
from last year due to both major and non -major redevelopment projects. Eagle County
as of May, 2009, is down 67% in sales dollars and down 54% in the number of sales
transactions. At this time last year, the town had collected over $2.3 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 76%. Collections not related to major projects year-to-date are
61 % down from this time last year.
The third item on the agenda was the Consent Agenda.
a. Approval of 06.02.09 and 06.16.09 Town Council Minutes
Foley moved to approve the minutes with minor amendments with Daly seconding. The
motion passed unanimously, 7-0.
The fourth item on the agenda was the Vail Village Loading and Delivery Review of Pilot
Program (Meadow Drive, Courier Areas) and Update on Long -Term Recommendations.
Public Information Officer Suzanne Silverthorn explained loading and delivery policies
for the Village Core (Bridge Street, Gore Creek Drive, Hanson Ranch Road) and East
Meadow Drive have been evolving following the opening of the underground Mountain
Plaza facility and its 17 public bays during the 2008-09 ski season as well as
improvements at Vail Plaza Hotel which can now accommodate truck clearances of up
to 14 feet. Four additional public bays will be ready for use in July 2010 upon completion
of Solaris. Following is a summary of the current loading and delivery policies and
related actions following a review by the Vail Town Council on July 7, 2009:
Village Core Program
At this meeting the Vail Town Council voted 7-0 to retain a modified loading and delivery
system for the Village Core to be reviewed on September 1, 2009, as follows:
• Mountain Plaza loading docks available 4 a.m. to 10 p.m. daily.
• 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. (shortened from 11:30 a.m.) on Gore Creek Drive.
• Designated courier areas for Fed Ex, UPS, USPS, etc.:
o Determine optimal location on Gore Creek Drive (either north side, east end
of Gorsuch Building as currently in use) or move to south side of street.
Hours are 6 a.m. to 6 p.m.
o Two spaces at the south end of the Willow Bridge Road loading zone (next to
Checkpoint Charlie) for use by the couriers from 10:30 a.m. to 6 p.m.
o East Meadow Drive in front of Vail Boot and Shoe from 8 a.m. to 6 p.m.
• Removal of Mill Creek Court Building loading zone on Gore Creek Drive. (This zone
had been available for vehicles less than 20 feet in length by permit only between 6
a.m. and 6 p.m., while no parking was allowed from 6 p.m. to 6 a.m.) Due to past
abuses, this zone is being removed and will be reviewed again on September 1,
2009. Violators will be ticketed.
• Improve Americans with Disabilities Act (ADA) parking visibility (signage and paint) in
front of Mill Creek Court Building and expand spaces if possible.
• Explore restricting westbound traffic on Gore Creek Drive for better optimization of
Checkpoint Charlie.
• Hanson Ranch Road across from the Christiania Lodge available for 30 minutes of
unattended parking for vehicles less than 20 feet in length from 6 p.m. to 2 a.m. No
parking from 2 a.m. to 6 a.m. Also available for 5-minute attended parking.
• All loading and delivery policies will be strictly enforced.
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• Schedule a presentation to the Vail Town Council to discuss staff recommendations
for installation of surveillance cameras at key loading and delivery points for
improved enforcement.
While discussing the issue, Community Development Director George Ruther explained
loading and delivery improvements made at Vail Plaza Hotel took place as far as they
could without approval of the adjacent property owner. He said he believed the Vail
Plaza Club had no contractual financial obligation to make any further improvements.
"They have no legal or moral obligation to support this (add a service elevator)."
Cleveland again verified, "The Vail Plaza Hotel has done what they can do...You are
asking for permission to continue to work on gaining cooperation. Cleveland cautioned,
"I don't want to put a solution in that people don't use." Ruther emphasized, "There are
still many opportunities for Council to provide input ... I believe we can have a final
agreement within 45 days." During a pause for public comment Joe Staufer said he had
nothing to do with delivery access being completed. Vail Village Inn homeowner Richard
Liebhaber spoke against his homeowner's association having any financial responsibility
for the proposed lift. Vail Homeowner's Association representative Jim Lamont said the
Vail Plaza Club owner was responsible for making the connection. Hitt said, "I need to
deal with the facts ... I feel like I'm receiving mixed messages." Vail Village Inn Phase V
resident Marci Horton said loading and delivery was taking place illegally around the
property. "The noise is unbelievable at 4:00 a.m. and it goes all day." Silverthorn said
staff was pursuing the removal of delivery trucks on Meadow Drive. Hall said the
majority of the delivery was taking place in the Vail Plaza complex. Leibhaber said the
statistics may not tell the real story. "I like the idea of escalating fines ... There should be
a disincentive for them to violate." Hitt remarked, "A lot of the problem seems to be
related to enforcement issues." Rogers expressed concern that delivery drivers
appeared to be a significant part of the problem. She then spoke in support of raising
fines for loading and delivery violations. Council agreed to end the education phase of
the pilot program and begin enforcement. Foley encouraged making flatbed hoists
available to delivery drivers so as to accommodate easier delivery. Daly moved to
approve the recommendations with Hitt seconding. The motion passed unanimously, 7-
0.
East Meadow Drive Pilot Program
At this meeting the Vail Town Council voted 7-0 to continue a pilot program for loading
and delivery on East Meadow Drive to be reviewed on September 1, 2009, as follows:
• On -street loading and delivery on the street's north side from Vail Boot and Shoe
west to Alpenrose from 5 a.m. to 8 a.m. Restrictions apply. Drivers enter from the
east from Village Center Chute or Checkpoint Charlie to access and must not
impede bus service which begins at 6 a.m.
• Police department will review and update regulatory signs as necessary to solicit
compliance.
• Policies will be strictly enforced.
• In pursuit of long-term solutions, staff will work to facilitate cooperative agreements
with affected parties and property in the Vail Village Inn Special Development District
(SDD #6) and the Town of Vail to explore alternatives such as a freight elevator or lift
that will accommodate the transport of deliveries from the loading dock at Vail Plaza
Hotel to businesses on East Meadow Drive. This exploration will include construction
cost estimates for an exterior solution as well as an interior solution. An update will
be presented to the Town Council on September 1, 2009. This update will include
the status of property owner consent, cost estimates, a plan for financial
responsibility and overall effectiveness of each of the solutions in accommodating
loading and delivery functions so trucks can ultimately be removed from East
Meadow Drive.
Gore Creek Drive property owners Debbie Wells and Dick Park spoke against adding
truck parking to the 303 Gore Creek Drive area. Park emphasized, "This issue truly
impacts daily life ... We have enforcements issues ... We have issues of compliance with
our delivery people." Vail Town home owner Chris Parks spoke against parking on
Gore Creek Drive. Jim Lamont spoke in support of more use of the Mountain Plaza
loading and delivery bays. He then asked Council to revisit the Vail Village master plan
and determine which areas should be protected. "We've got to start giving tickets to
people who park where they aren't supposed to park." Newbury commented, "I would
like my children to be able to walk to the Children's Fountain and not have to worry
about them being run over." Cleveland said, "I'm not sure the Front Door solves all the
problems it was supposed to solve." Daly moved to approve the recommendations with
Newbury seconding. Parks expressed concern about the abuse of handicapped
parking. United States Postal Service representative Jim Armstrong expressed concern
about the visibility of a store front on the east end of Gore Creek Drive. The motion
passed unanimously, 7-0.
The fifth item on the agenda was the North Frontage Rd. Recreational Path
Construction Contract Award.
Direct the Town Manager to enter into a contract with B&B Excavating to complete the
North Frontage Rd. Recreational Path Construction.
Town Engineer Tom Kassmel reported staff has recently publicly bid the North Frontage
Rd. Recreational Path Improvements, and received 7 bids, with B&B Excavating being
the lowest bidder. The path improvements include a raised concrete recreational path
along the north side of the North Frontage Rd. from Timber Ridge to the Roost Lodge's
east property line. The improvements are budgeted within the RETT projects budget
along with a $149,458 federal grant. The contractors provided bids as follows:
B&B Excavating
$406,185.35
Colorado Constructors
$451,882.14
Heyl Construction
$459,747.70
Thoutt Brothers
$494,380.94
Amercian Civil Constructors
$494,990.00
Lawson Constructors
$519,881.80
Jags Enterprises
$523,867.88
All bids were within the total budget of $700,000.
Rogers then moved to direct the Town Manager to enter into a contract, in a form
approved by the Town attorney, with B&B Excavating, in the amount of $406,185.33, to
complete the North Frontage Road Recreational Path Improvements with Hitt seconding.
The motion passed unanimously, 7-0.
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The sixth item on the agenda was the Second reading of Ordinance No. 14, Series of
2009, An Ordinance making supplemental appropriations and budget adjustments to the
Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund,
Dispatch Services Fund and Heavy Equipment Fund of the 2009 Budget for the Town of
Vail, Colorado.
Budget and Financial Reporting Manager Kathleen Halloran explained General Fund
expenditures were being reduced by $1.2 million. Cleveland clarified that due to the
General Fund/Capital Fund appropriation split, approval of the Ordinance would require
a super majority vote. Newbury moved to approve the ordinance with Gordon
seconding. Eagle Valley Schools representative Harry McQueeney explained the details
of the playground equipment included in the budget. Vail Valley Foundation
representative Ceil Folz explained how the town's contribution to the World
Championship bid could possibly pay dividends. The motion passed 6-1, with Cleveland
opposed.
The seventh item on the agenda was Resolution No. 20, Series of 2009, Authorizing the
Town Manager to sign the construction contract with JL Viele Construction to build the
Arosa Drive duplex.
Housing Coordinator Nina Timm said the contract terms include the following: A
Guaranteed Maximum Price; Fixed cost at $770,529 plus $10,778 in Builder's Risk
Insurance; The price includes the cost for LEED Certification; Start date no later than
October 1, 2009; Completion date no later than May 15, 2010; Line item cost savings
split 70% (TOV) - 30% (Viele); Owner Contingency and Winter Conditions savings 100%
to TOV; One-year warranty, from a Certificate of Occupancy being issued by the Town
of Vail, will benefit the individual owners; All plans are assigned to the Town of Vail;
Compliance with all Vail zoning and building code requirements is required; All required
Town fees are included in the GMP; and JL Viele Construction will maintain all required
insurance, including Builder's Risk. JL Viele representative David Viele explained the
meaning of builder's risk insurance. Zemler clarified sales of the units would take place
almost simultaneously with the project's ground breaking. Foley moved to approve the
resolution with Rogers seconding. Former Mayor Bob Armour clarified a statement
made in a previous meeting in regard to when the properties would be sold. The motion
passed unanimously, 7-0.
The eighth item on the agenda was Adjournment.
Foley moved to adjourn with Hitt seconding at approximately 9:00 p.m. The motion
passed unanimously, 7-0.
Dick Cleveland, Mayor
ATTEST
Lorelei Donaldson, Town Clerk