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
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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.
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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
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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
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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.
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Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk