Loading...
HomeMy WebLinkAbout2009-10-06 Town Council MinutesVail Town Council Meeting Minutes Tuesday, October 6, 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 first item on the agenda was Citizen Participation. Suzanne Kinkaid Spoke in support of the Hidden Gems (environmental protection) program. Megan Gilman of the Eagle Valley Alliance for Sustainability and the Energy Smart Local Improvement District encouraged Council to endorse a Smart Energy Local Improvement District. Daly clarified Town of Residents could participate although the town would incur no specific costs. The Town of Vail was sponsoring the replanting of 175 spruce trees this week as part of an ongoing reforestation and beautification project. The Trees for Vail effort begins Oct. 7 when 75 students from Red Sandstone Elementary School will join the town staff in planting 50-75 saplings. The fourth and fifth grade students will be working from 12:30 to 2:30 p.m., rain or shine, with the plantings to take place on the upper bench of Donovan Park and the Vail Golf Course. The locations were selected for their ability to maximize survival and proximity to irrigation systems. Then on Oct. 8, residents who show proof of Vail residency will be eligible to pick up a free one -gallon 14" spruce tree to be planted within the town. The give-away will take place from 8 a.m. to 5 p.m. daily at the Town of Vail Community Department parking lot while supplies last. The trees will be given away on a first -come, first -served basis and will be limited to one tree per household. A brochure will accompany each tree with information on tree planting instructions and the town's wildfire reduction efforts. Town environmental health officer Bill Carlson is organizing the activities. "Planting trees in the Town of Vail will replace trees lost to the mountain pine beetle infestation and endow a noteworthy beautification of Vail," he said. "It's our goal to bring the Trees for Vail efforts of the past back to life." Trees for Vail was initiated in 1992 by community members and continued until 1998. The second item on the agenda was a Proclamation of Community Planning Month. Cleveland proclaimed October 2009 as Community Planning Month in the Town of Vail. Each year the American Planning Association, its members, chapters, divisions, and professional institute sponsor National Community Planning Month to raise the visibility of the important role of planning in communities across America. National Community Planning Month also creates an opportunity for local communities to recognize the public service contributions of their professional planners and the citizen volunteers of their councils, boards and commissions. In celebration of National Community Planning Month, the Town of Vail Community Development Department will host a series of public walking tours each Thursday in October to showcase development projects within Vail Village and Lions Head that formed Vail's "Billion Dollar Renewal." The tours will depart from the Colorado Ski Museum entrance at the Vail VillageTransportation Center as follows: Thursday, Oct. 1st 5:30 to 7:00 p.m. Thursday, Oct. 8th 5:30 to 7:00 p.m. Thursday, Oct. 15th Noon to 1:30 p.m. Thursday, Oct. 22nd Noon to 1:30 p.m. Members of the Community Development Department will also be speaking to local non-profit organizations and schools about community planning and the Community Planning Month events. Staff requested Council join other communities across America in promoting October 2009 as Community Planning Month. Newbury moved to approve the proclamation with Daly seconding. The motion passed unanimously, 7-0. The third item on the agenda was the Town Manager's Report. a. Winter Parking Update. Public Works Director Greg Hall explained preliminary parking recommendations to Council and the audience. "An official Parking Task Force Meeting will be held in the near future." During a pause for public comment, Kaye Ferry said the current shopper parking methodology was very effective. Hall said he would return in two weeks with an update. b. Revenue Update. Budget and Financial Reporting Manager Kathleeen Halloran reported that when all sales tax returns are received for the month of August, collections for the E month are expected to be $1.1 million, down 20.9% from August, 2008. Year-to- date total sales tax collections are down 16.4% from 2008, and flat with the budget. Inflation as measured by the consumer price index was down (-1.5%) for the month of August compared to 2008. Use tax collections as of September 30, 2009, total $642,274, a 14% 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 September 30 totals $700,221, down 64% 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 39% from 2008.RETT collections through September 29, 2009, total $1.7 million, compared to a full year forecast of $2.4 million. This amount is a 71 % decrease from last year due to both major and non -major redevelopment projects. Eagle County as of July, 2009, is down 66% 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 44% down from this time last year. Across all funds, total revenue of $33.3 million is down 22.8% year-to-date from this time last year and down 2.9% from the budget. Town reserves total an estimated $50.6 million. Zemler said the town would be hosting a public briefing for Vail Town Council candidates from 5 to 7 p.m. Oct. 13 in the Town Council Chambers. The briefing will include a budget overview and updates on topics ranging from redevelopment of Timber Ridge to Tax Increment Financing. Candidates also will be encouraged to ask questions of the town staff for additional information - gathering. Nine candidates are running for four open council seats in the Nov. 3 municipal election. The fourth item on the agenda was the Consent Agenda. a. Approval of the 09.01.09 and 09.15.09 Town Council Minutes. Daly moved to approve the minutes with a minor amendment with Foley seconding. The motion passed unanimously, 6-0. Cleveland recused himself from the vote as he was not in attendance at the 09.15.09 meeting. b. Appoint seven people to be election judges for the Regular Municipal Election on November 3, 2009. A memorandum was provided to Council with the names of seven judges. Hitt moved to approve the list with Rogers seconding. The motion passed unanimously, 7-0. 3 The fifth item on the agenda was Eagle County Airport 1-70 Interchange Presentation. Eagle County Commissioner Peter Runyon spoke in support of an 1-70/Eagle County Airport interchange presentation. He said he was disappointed the Council had previously failed to support the proposal. "The United States government has received 1400 applications for American Recovery and Reinvestment Act grant funding... My optimism on receiving funds has diminished... If we need this funding we need broad based community support." Daly moved to support the interchange with Hitt seconding. The motion failed 2- 5, with Gordon and Daly voting in favor. --Public presentation and discussion regarding design schemes, financing options, and staffing recommendation (SAFER grant) for West Vail Fire Station. At the Vail Town Council Evening Session on September 15th, Council provided direction to staff to return on October 6th to make formal public presentation on the West Vail Fire Station and solicit citizen feedback relative to design schemes, etc. In addition, the Town Manager and finance staff presented a revised 2010 budget incorporating funding options for staffing and constructing the West Vail Station. Vail Fire & Emergency Services has developed performance objectives that are specific to the town's needs, but also aligned with accepted National Standards for the Fire Service. Staff understands it is unrealistic to meet all national standards to the full extent, but feel it is the department's due diligence to meet the intent of the national standards when possible. National Fire Protection Association 1710 indicates that the first arriving engine should be on the scene within six minutes (total) on 80% of incidents, and 14 - 16 firefighters should be on scene within ten minutes (total response time) on 80% of incidents for a residential structure fire. As a matter of note, today the Vail Fire Department can only assemble 10 - 11 firefighters on scene (including mutual aid). The goal is to meet the 14-16 firefighters within the first ten minutes with the addition of the 3rd station. It is the intent, that with the addition of the West Vail Station, staff can meet these objectives/standards more than 80% of the time. Response times could be reduced by approximately four minutes with the addition of the West Vail Station. This means improved life/safety response throughout the community. Miller commented "The Town of Vail is vulnerable to response times and resources (especially West Vail)... response times and resources (firefighters) are inadequate." He then explained Insurance Service Organization requirements. "This station has been in the works for 28 years... This is a tough decision and if I were sitting in your seats I'm sure I would struggle with this decision; however, public safety is a priority and we have a financing option that will allow us to pay cash for the station as well as a grant to augment staffing costs." Rogers asked if the SAFER Grant would still be required if the West Vail Station was not built. Miller noted, "A fourth firefighter per shift could be effectively utilized... My professional objective as a fire chief is that we need this fire station." Foley had questions regarding the need for an elevator in the M station, and suggested staff further investigate. Gordon asked if a community room could be included in the design of the building (taken out at Councils suggestion at last meeting). Miller commented, "There is no reason the training room could not be used by other Town of Vail departments." During a pause for public comment, Tim Moffet encouraged Council to approve the station. Dr. Tom Steinberg said he had supported the West Vail Station for over 25 years. "Your (Town Council) primary duty is to protect the citizens... Get this fire station built." James Wilkins then spoke in support of the West Vail Station. Foley moved to continue onto the next phase of design development with Daly seconding. Daly said he has a greater sensitivity to the potential for wildfire. "I think there is potential for twenty percent savings in this structure. I think we should value engineer this project down without sacrificing quality." Newbury thanked staff for developing a cash financing concept. "This is a good use of town funds even in these tough economic times." In regard to using cash reserves to build the fire station, Cleveland commented, "This is exactly the type of project this community deserves." The motion passed unanimously, 7-0 to build the West Vail Fire station and approve the use of the staffing grant to hire three additional firefighters. --Second reading of the 2010 Budget Ordinance No. 19, Series 2009 Budget and Financial Reporting Manager Kathleen Halloran stated the proposed $51.2 million fiscal year plan included reductions that began in 2009. During 2009, a total of $2.9 million was reduced from the 2009 budget, along with 12 positions. Since the first look at 2010 projections, another $1 million and 4 positions have been reduced. This resulted in a balanced budget for 2010 without impacting service levels and annual expenditures supported by revenues. Council members had also asked to review a budget that accommodated the addition of three firefighters and construction costs associated with building a third fire station. Those costs include $210,000 for staffing in 2010 which would be supplemented by $117,000 from a federal grant for a net cost to the town of $93,000. Construction costs for the West Vail fire station are currently budgeted in the Capital Projects Fund at $5.6 million over two years, and were proposed to come from the town's current cash reserves rather than incur approximately $4.2 million in financing costs over the next 20 years. Staff also asked Council for suggestions on how to fund $10,000 for the Premiere Impressions program administered by the Vail Chamber and Business Association (VCBA). VCBA Executive Director Rich tenBraak said the cash normally goes to hard costs, subsequently in -kind contributions would not be as valuable. "Vail Resorts has offered up $15,000 in cash and in kind ... The cash goes a lot farther to us than in kind." Zemler asked Council to direct staff to fund the program from 2009 funds. Council then moved to direct staff to find the funding in the 2009 budget. The motion passed unanimously, 7-0. Gordon moved to pass Ordinance 19, series of 2009 as proposed with amendment to keep the Buy -Down program in tact and reduce the Ford Park Master Plan project. Hitt seconded. The motion failed 2-5 with Gordon and Hitt voting in favor. Gordon said with decreasing housing costs E the time is opportune to increase the town's employee housing infrastructure. Daly said he was uncomfortable spending money on the Ford Park Master Plan. Hall said he would like to keep $200,000 in the 2010 to continue the planning process. Additional questions regarding capital projects were raised. Council was in agreement regarding the operating budget but wanted to focus on capital projects during their next meeting. Foley moved to table the Ordinance with Daly seconding. Zemler said he would come back with issues, not changes, to budgeted numbers. In regard to a proposed elevator in the envisioned West Vail Fire Station Rogers said, "I would like to see the law on this...I think it's a complete waste of money to put an elevator in a two story building." The motion to table passed 6-1, with Gordon opposed. --Presentation and request to operate a pedicab business within the Town Vail. The Town Code Title 7, Chapter 5, Section 7, "Pedicabs Allowed" requires that before any such pedicab may lawfully operate on the streets of the Town, the operator must obtain the appropriate license or authorization from the Town Council. On September 23, 2009, Dave Wasserman, Pedicab owner/operator, presented his business proposal to Town of Vail staff. Staff reviewed the proposal and the approved route and did not find any issues with operating a pedicab business on the streets of Vail. Wasserman said he would use one pedicab. Newbury moved to approve the request with Hitt seconding. The motion passed unanimously, 7-0. --Holy Cross Energy Electric Line Easement at Public Works Shop. Public Works Director Greg Hall announced the Colorado Department of Transportation (CDOT) requires an upgrade to their electrical service for the 1-70 variable message signs. Their service connection is at the Public Works Shop Entry. Holy Cross Energy lines are north of the town's property. In order to place a line from the Holy Cross lines to the CDOT service, Holy Cross will be required to cross Town of Vail land which is the Public Works Shop parcel. Public Works staff has met with CDOT and Holy Cross and determined the appropriate routing. Newbury moved to approve with Rogers seconding. The motion passed unanimously, 7-0. --First Reading of Ordinance No. 18, Series of 2009, an ordinance repealing and re-enacting Chapter 10, Building Codes, Vail Town Code; adopting by reference the 2009 editions of the International Building Code, International Residential Code, International Fire Code, International Mechanical Code, International Plumbing Code, International Fuel Gas Code, International Energy Conservation Code, International Performance Code; 2008 edition of the National Electrical Code; 1997 edition of the Uniform Code for the Abatement of Dangerous Buildings and with regard to the above described codes, adopting certain appendices �. Chief Building Official Martin Haeberle reported the Building and Fire Appeals Board had, through a process of community consensus, reviewed the 2009 International Building Codes and recommended Council adopt the 2009 International Building Codes with several amendments. The proposed amendments specifically address the uniqueness of the construction environment in Vail. "We want to comply with the most modern building standards in the industry." In regard to fire code, Deputy Fire Chief Mike McGee said outside (third -party) entities were used to develop the new code as it directly applies to the Town of Vail. Committee member Rich Seth commented, "What we've done with the codes is pinpoint them to our local area." It was then clarified maximum spacing of fire hydrants within town limits is 1000 feet. Daly moved to approve the ordinance with Rogers seconding. The motion passed unanimously, 7-0. --First Reading of Ordinance No. 20, Series of 2009, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, establishing Special Development District No. 39, Crossroads Chief of Planning, Warren Campbell announced that on September 14, 2009, the PEC unanimously recommended approval of a major amendment to SDD No. 39, Crossroads, to increase the number of dwelling units from 78 to79. This increase in the number of dwelling units was accomplished by converting an existing common space within the structure. There was no increase in Gross Residential Floor Area (GRFA) or reduction in commercial floor area associated with the change. Newbury moved to approve the ordinance with Hitt seconding. The motion passed .unanimously, 7-0. --Ordinance No. 21, Series of 2009, An Ordinance Amending Ordinance No. 15, Series of 2009, Defining Electronic Personal Assistive Mobility Device ("EPAMD"); Establishing Regulations Regarding the Operation of such Devices in the Town of Vail Town Attorney Matt Mire reported that on September 15, 2009, Council directed staff to amend Ordinance No. 15, Series of 2009, extending the Sunset Provision and Ordinance Expiration for an additional year to October 5, 2010, and adding a new section requiring EPMAD's to have audible warning safety equipment installed. Newbury moved to approve the ordinance with Foley seconding. The motion passed unanimously, 7-0. --Resolution No. 23, Series 2009: Approval of Vail Local Marketing District's 2010 Operating Plan and Budget. Newbury moved to approve the resolution with Daly seconding. The motion passed 6-1, with Foley opposed. Foley said he believed the VLMD should partially fund the Commission on Special Events. --Adjournment Newbury moved to adjourn the meeting at approximately 9:43 p.m., with Foley seconding. The motion passed unanimously, 7-0. 7 Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk