HomeMy WebLinkAbout2009-09-01 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, September 1, 2009
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
Kevin Foley
Margaret Rogers
Andy Daly
Kim Newbury
Farrow Hitt
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation.
There was none.
The second item on the agenda was the Consent Agenda.
a. Approval of 08.04.09 & 08.18.09 Town Council Minutes.
Daly moved to approve the minutes with a minor amendment with Foley seconding. The
motion passed unanimously, 7-0.
The third item on the agenda was the Town Manager's Report.
a. Revenue Update.
Budget and Financial Reporting Manager Kathleen Halloran reported that when all sales
tax returns are received for the month of July, collections for the month were expected to
be $1.1 million, down 20.5% from July, 2008. Year-to-date total sales tax collections
were down 15.9% from 2008 and up 0.1 % from budget. Inflation as measured by the
consumer price index was down (-2.1 %) for the month of July compared to 2008. Use
tax collections as of August 27, 2009, total $565,514, a ten percent increase from this
time last year, due to the Ramshorn project moving forward. The annual budget of
$500,000 has already been met. Construction permit revenue through August 27 totals
$626,435 down 63% 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 64% of the
total. Revenue from non -major projects is down 45% from 2008. Real Estate Transfer
Tax (RETT) collections through August 27, 2009, total $1.5 million. This amount is a
74% decrease from last year due to both major and non -major redevelopment projects.
Eagle County as of June, 2009, is down 64% in sales dollars and down 54% in the
number of sales transactions. At this time last year, the town had collected over $5.7
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 84%. Collections not related to major
projects year-to-date are 52% down from this time last year.
The fourth item on the agenda was the Vail Village Loading and Delivery Update and
Review of Pilot Programs.
Public Information Officer Suzanne Silverthorn reported that on June 19, 2007, staff
received direction to develop an operational plan for the successful use of a dispersed
loading and delivery network in Vail Village. A 17-member working group was formed
during the summer of 2007 with representation from the business community, residential
neighborhood, vendors and the Town Council. The group met numerous times
throughout 2007 and 2008 to develop recommendations for a pilot operational plan to
address the opening of the underground Mountain Plaza facility (12 shared bays) and
the Vail Plaza Hotel facility (five shared bays) during the 2008-09 ski season. This
review by the Town Council follows a series of incremental actions:
November 18, 2008: Pilot Program for Village Core loading and delivery policies
approved for implementation on January 9, 2009, and review on March 17, 2009.
March 17, 2009: Village Core pilot program reviewed to include modifications for
designated courier access and limited on -street delivery pilot program for East
Meadow Drive to be reviewed on July 7, 2009.
July 7, 2009: Pilot programs modified for review on September 1, 2009, as
follows:
--Village Core Program.
• 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. on Gore Creek Drive.
• Designated courier areas for Fed Ex, UPS, USPS, etc.
• 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.
• Remove Mill Creek Court Building loading zone on Gore Creek Drive. Improve
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.
--East Meadow Drive Pilot Program.
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.
Policies will be strictly enforced.
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.
Silverthorn then requested consideration of the following recommendations:
Retain current loading and delivery policies for Village Core and East Meadow Drive
through the remainder of 2009 and into mid-2010 with interim modifications as
needed. Likely modifications would result upon completion of interior options
identified for Vail Village Inn Special Development District, #6. Also, continue to
monitor impacts associated with removal of the loading zone in front of Mill Creek
Court Building and recommend adjustments, if needed.
Direct staff to evaluate opportunities for future incremental adjustments in the Vail
Village loading and delivery policies upon completion of Solaris in July 2010. The
four shared bays at Solaris will complete the Village core public improvements for
dispersed loading and delivery which will include a total of 21 public bays (located at
Mountain Plaza, Vail Plaza Hotel and Solaris), estimated at $15 million in public
improvements invested by the developers, and ongoing contractual cost -share
investments by the town for operation of the Mountain Plaza facility.
During a pause for public comment Bridge Street home owner Yvonne Maloney
expressed concern about the lack of loading and delivery access in the Mill Creek Court
area. Cleveland said the town has never denied Vail Village access to individuals living
and staying on Bridge Street. Kaye Ferry spoke in support of allowing loading and
delivery in the Mill Creek Court area. Vail Homeowner's Association representative Jim
Lamont said he had not heard any complaints about the recent loading and delivery
program changes. Johnathon Staufer asked if loading and delivery between the Vail
Plaza Club and Vail Village Inn area was at a standstill or still moving forward. Ruther
commented, "We are not dead in the water we have more work to do." Wright asked for
the opportunity for Community Development, Police and local merchants to develop a
positive outcome. United States Postal Service representative Jim Armstrong then
complained one of his postal carriers was denied vehicular access to the Mountain Haus
from the Austria Haus on Meadow Drive.
The fifth item on the agenda was a Motion to approve the Town of Vail's contribution
($3,000) to a settlement agreement concerning case number 09-CV-142, Danielle Marie
Trujillo v. Two Rivers Drug Enforcement Task Force ("TRIDENT") et al.
Town Attorney Matt Mire explained the total amount of the settlement amongst all
named defendants is $15,000. The other defendants in the case include the Town of
Rifle Police Department, Garfield County Sheriffs Department and the Town of Silt
Police Department. Daly moved to approve the request with Foley seconding. The
motion passed unanimously, 6-0. Newbury had left the room.
The sixth item on the agenda was an Option to redevelop the LionsHead Parking
Structure,
Town Attorney Matt Mire asked Council to authorize and direct the Town of Manager to
send a letter to Open Hospitality Partners (OHP) on behalf of the Town of Vail declining
the counteroffer from OHP dated July 28, 2009, and terminating negotiations relating to
the redevelopment of the LionsHead Parking Structure. On July 15, 2009, a letter was
sent on behalf of the town to Mark Masinter of OHP acknowledging the Developer
Improvement Agreement (DIA), dated October 16, 2007, between the town and OHP
pertaining to a proposed redevelopment on the LionsHead Parking Structure (LHPS)
had expired by its own terms. The letter went on to offer OHP an option to redevelop the
property pursuant to certain terms and conditions of a Development Option Agreement
which was attached to the letter. On July 28, 2009, Mr. Masinter, on behalf of OHP,
responded to the town's offer of a development option with a counteroffer which
substantially modified the terms of the draft Option Agreement. On August 18, 2009, the
Town Council tabled this item to this meeting. Gordon moved to direct staff to continue
negotiations until October 20th with Hitt seconding. Masinter stated he wished to look
forward and not backwards. "We are totally willing to help pay for parking structure
improvements." During a pause for public comment, Rob Levine, Matt Morgan, Phil
Long, Frank Johnson, Mark Depahlis, Chris Romer, Michael Bartman and Ann Sweed all
spoke in support of continuing negotiations with OHP. Vail Homeowner's Association,
Jim Lamont said in the past the town has unsuccessfully spent millions of dollars to
redevelop the structure. Bob Lazier asked Council to treat Masinter as fairly as
possible. "I believe he is a valuable asset to the community." Kaye Ferry said she
believed the deed restriction on the property (controlled by Vail Resorts) would not be
lifted until Vail Resorts got every approval they wanted out of the proposed EverVail
project. "He deserves it because he has dealt with this town in an honorable way."
Zemler said he was concerned that the negotiations were beginning to develop into a
perpetual cycle. Daly expressed concern about continuing negotiations. "That's tying up
one of the most critical and valuable pieces of property in the town ... That is neglecting
our fiduciary responsibility." Foley said the deed restriction issue had to be resolved.
"We shouldn't be negotiating with anyone until the deed restriction is lifted." Newbury
moved to approve the resolution with Rogers seconding. The motion passed 5-2 with
Cleveland and Daly opposed.
The seventh item on the agenda was Resolution No. 22, Series 2009 for the
Transportation Master Plan Amendment for West Vail Fire Station access.
Town Engineer Tom Kassmel asked Council to approve Resolution 22, Series 2009, an
amendment to the Vail Transportation Master Plan Access Management Plan for West
Vail Fire Station access. In May of this year the town adopted the Vail Transportation
Master Plan which included an Access Management Plan (AMP) that was developed
jointly between the town and the Colorado Department of Transportation (CDOT). The
AMP showed one access point for the future West Vail Fire Station. The current
preferred design shows two access points, one for the general public and one for
emergency vehicles. Kassmel said CDOT would permit this additional emergency
access if the town was willing to amend the AMP. An amendment to the AMP and the
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Master Plan required approval of a resolution. Newbury moved to approve the resolution
with Rogers seconding.
The eighth item on the agenda was Adjournment.
Newbury moved adjourn with Foley seconding at approximately 8:05 p.m. The motion
passed unanimously, 7-0.
Dick Cleveland, Mayor
ATTEST:
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Lorelei Donaldson, Town Clerk
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