HomeMy WebLinkAbout2009-01-06 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, January 6, 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
Farrow Hitt
Kevin Foley
Kim Newbury
Margaret Rogers
Andy Daly
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer
The first item on the agenda was Citizen Input.
Vail Homeowner's Association representative Jim Lamont asked for a larger "greeter
patrol" to enhance the hospitality aspect of town provided skier services.
Christiana Lodge owner Paul Johnston informed Council he believed delivery trucks
would not discontinue using Hanson Ranch Road for parking delivery, and further, that
this roadway was not designed or engineered to carry a heavy weight load.
Local resident Elaine Kelton spoke in support of enhanced town provided guest services
(i.e., greeters, information). "Where does the Vail experience begin," was a phrase she
asked Council to consider, this phrase having first been introduced during a Vail
Symposium presentation.
Local resident Kaye Ferry asked why Council allowed residents to speak in the
afternoon Work Session, when the agenda clearly states public comment will not be
taken.
Vail Valley Exchange Executive Director Scott O'Connell introduced Kristi Waring (Vail)
and Zoe Brinkley (Mt. Buller, Australia). The two girls were selected as the 2008-09 Vail
Youth Ambassador participants.
The second item on the agenda was the Town Manager's Report.
a. Revenue Update.
Finance and Budget Reporting Manager Kathleen Halloran said when all sales tax
returns are received for the month of November, collections for the month are expected
to be $708,565, down 5.26% from November 2007. Year-to-date sales tax collections of
$16.9M are up 5.12% from 2007. Inflation as measured by the consumer price index
was up only 1.1 % for the month of November and up 4.2% for the first half of 2008
compared to prior year. Use tax collections began as of January 1, 2008. As of
December 30, collections total $613,283 of revenue. This is $31 K over the amended
budget of $582,000. Construction permit revenue currently totals $2.5M, down 14% from
this time last year. Due to conservative budgeting, collected revenue currently exceeds
the amended 2008 budget by $110K. The decrease in activity from the prior year is due
to both major and non -major redevelopment projects. Major redevelopment projects
make up 79% of the total, and construction permit fee revenue from those projects is
down by 10% from prior year. Revenue from non -major projects is down 27% from this
time last year. Real Estate Transfer Tax (RETT) collections through December 29,
2008, total $8.9 million, 24% over the annual budget of $7.2 million. This amount is a
29% increase from this time last year primarily due to recent sales of major
redevelopment projects. The overall real estate market in Eagle County is down 28% in
sales dollars and down 41 % in sales transactions as of October, 2008. Major
redevelopment projects such as Arrabelle, Chalets at the Lodge at Vail, Forest Place,
Manor Vail, One Willow Bridge, Vail Plaza and The Willows account for 62% of year-to-
date 2008 collections. This is significantly higher than the 30% from December 2007
and is the reason Vail's RETT revenue is performing much better than the rest of the
county. RETT collections from property transfers not related to major redevelopment
projects dropped by 24% year-to-date as of December, 2008, compared with 2007. This
is more in line with the sales decrease across the county. For details, contact Kathleen
Halloran at 479-2116.
b. Reappointment of Dick Cleveland to the Eagle County Open Space Advisory
Committee.
Council agreed to nominate Cleveland for reappointment by the County Commissioners.
The third item on the agenda was the Consent Agenda.
a. Approval of 12.02.08 and 12.16.08 Town Council Minutes.
Daly moved to approve the minutes without amendments with Hitt seconding. The
motion passed unanimously, 7-0.
The fourth item on the agenda was Resolution No. 2, Series of 2009, A resolution
adopting a new Chamonix Master Plan, to facilitate the development of employee
housing and a new fire station and amending the Vail Land Use Plan, to designate the
Chamonix Master Plan Area.
Housing Coordinator Nina Timm explained the Town of Vail purchased the "Chamonix
Parcel" and the "Wendy's Parcel" for the purpose of constructing employee housing and
a new fire station. Through an extensive public process a preferred master plan option
was developed and endorsed by the Vail Town Council on August 5, 2008, and the PEC
on December 22, 2008. Adoption of the Chamonix Master Plan by Council is the next
step in the development of the proposed employee housing and fire station. Gordon
encouraged, "Letting people tell government what they want to buy... Let's ensure some
availability for buyers to modify their unit." Former Vail Mayor Bob Armour asked if the
resolution would disallow free market housing. Timm said the zone district allowed for
up to 30% of free market housing. Cleveland expressed concern that a family earning
60% of Area Median Income (AMI) would be able to afford anything that could be built
on the site without an additional subsidy besides land. Foley moved to approve the
resolution with Newbury seconding. Rogers thanked Timm for her diligent efforts on the
project. Newbury thanked the Vail Local Housing Authority (VLHA) for their
concentrated efforts. The motion passed unanimously, 7-0.
The fifth item on the agenda was the First reading of Ordinance No. 1, Series of 2009,
an emergency ordinance making special amendments to Town of Vail Debt Services
Fund's 2008 budget.
Finance Director Judy Camp asked Council to approve a special amendment to the Debt
Services Fund budget for 2008, reflecting the issuance of Sales Tax Revenue Refunding
Bonds, Series 2008. On December 16, 2008 Council approved Ordinance No. 32
amending a definition contained in Ordinance No. 20, which authorized the refinancing
of the town's outstanding 1998 Sales Tax Revenue Refunding Bonds. Since the closing
on the new bonds took place on December 30, 2008 it became necessary to make a
special amendment to the 2008 budget of the Debt Services Fund so the transaction
may be recorded in the appropriate fiscal year. An emergency ordinance was requested
so that costs of the bond issuance would be paid on a timely basis. Newbury moved to
approve the ordinance with Gordon seconding. The motion passed unanimously, 7-0.
The sixth item on the agenda was the Second reading of Ordinance No. 30, Series of
2008, an Ordinance Amending Title 1, Chapter 3, Section 2 of the Vail Town Code by
the Addition of the Definition of the Word "Publication."
Town Attorney Matt Mire stated because the 2009 budget was passed on second
reading on November 18, 2008, the 2009 budget eliminates funding for publication in the
local papers. Section 4.10 of the Town Charter requires publication of ordinances upon
their introduction and adoption. The Charter does not define what is required by
"publication." In 2007, the town spent $19,693 for publication of its ordinances in the
Vail Daily, requiring the Town Clerk to increase the office advertising budget during the
third supplemental appropriation by an additional $12,000. The Town Clerk has
currently spent $19,492 of her 2008 budget on publications of ordinances. Rogers
moved to approve the ordinance with Newbury seconding. The motion passed 5-2 with
Foley and Hitt opposed.
The seventh item on the agenda was the Second reading of Ordinance No. 31, Series
of 2008, for prescribed regulations amendments to Section 12-13, Employee Housing,
Vail Town Code, to establish a deed -restriction exchange program.
On December 16, 2008, the Town Council voted 6-0-0 to approve Ordinance No. 31,
Series of 2008, on first reading, with modifications to Sub -section 12-13-5D-7 to
eliminate the recommended maximum conveyance price of a proposed Employee
Housing Unit (EHU). Daly moved to approve the ordinance with Rogers seconding. The
motion passed unanimously, 7-0.
The eighth item on the agenda was the Second reading of Ordinance No. 33, Series of
2008, for prescribed regulations amendments to Section 11-10-7, Open House Signs,
Vail Town Code, to allow for amendments to the open house sign regulations.
On December 16, 2008, Council voted 5-1-0 (Cleveland opposed) to approve Ordinance
No. 33, Series of 2008, on first reading, with modifications to allow a maximum of three
vehicular directional open house signs and to limit the display of open house signs to no
more than three consecutive days. Rogers commented, "This is a way to make it more
accessible to those who want to find a house in Vail." Daly moved to approve the
ordinance with Rogers seconding. The motion passed, 6-1 with Cleveland opposed.
The ninth item on the agenda was Resolution No.1, Series of 2009 - a Resolution
adopting the Vail Environmental Sustainability Strategic Plan.
Environmental Sustainability Coordinator Kristen Bertuglia asked Council to review the
draft Vail Environmental Sustainability Strategic Plan, and the associated goals,
objectives, action steps and priorities identified to ensure the Town of Vail is a leader in
environmental sustainability through community and regional partnerships. It is the
intention of the Town of Vail Environmental Team to work with Council to begin work
immediately on projects identified as priorities and adopted through the Vail
Environmental Sustainability Plan. The plan will lead the actions of staff and the
Community Development Department and consists of six goals:
• Solid waste stream reduction and recycling: Reduce the amount of TOV landfill
contributions by ten percent within five years, and 25% within ten years.
• Energy efficiency: Reduce the TOV municipal and community energy use by 20%
below 2006 levels by 2020, in order to effectively reduce the town's contribution to
greenhouse gas emissions and impact on global climate change.
• Ecosystem health: Ensure that the natural environment, specifically air and water
quality, water quantity, land use and habitat are maintained to current or improved
levels of biological health.
• Sustainable economic and social development: Lead programmatic efforts to
promote sustainable and profitable business practices within TOV and the Vail
community. Support TOV employee wellness programs to help maintain a high
quality of life.
• Public education and communication: Increase public education and awareness,
communication and environmental stewardship in the TOV through local and
regional partnerships.
• Transportation: Reduce the environmental impact of transportation by supporting
efforts within the Eagle Valley to decrease total vehicle miles traveled by commuters
and guests by 20% by 2020.
Rogers said it was a terrific program and she applauded Bertuglia for putting it together.
She then expressed concern about the recent appearance of Spruce Scale throughout
town. Council agreed to include Spruce Scale mitigation in the program. Council also
agreed to pursue a plan to utilize renewable resources to operate the town's snowmelt
systems. Hitt said he was very pleased to see the program up and running. Daly
moved to approve the resolution with Rogers seconding. The motion passed
unanimously, 7-0. Ruther thanked Bertuglia for her diligent efforts on the project. "She's
done a great job and I just wanted to acknowledge that."
The tenth item on the agenda was No. 3, Series of 2009, a resolution designating a
public place within the Town of Vail for the posting of notice for public meetings of the
Vail Town Council, Planning and Environmental Commission, Design Review Board, and
other boards, commissions, and authorities of the Town of Vail
Pursuant to Section 24-6-402(2)(c) of the C.R.S. as amended, provides that local public
bodies must give full and timely notice to the public of any meetings at which the
adoption of any proposed policy, position, resolution, rule, regulation, or formal action
occurs at which a majority or quorum of the body is in attendance, or is expected to be in
attendance. Newbury moved to approve the resolution with Gordon seconding. The
motion passed 6-1, with Foley opposed.
The eleventh item on the agenda was Resolution No. 4, Series 2009, a Resolution
Approving an Intergovernmental Agreement between the Town of Vail and the Vail Park
and Recreation District Regarding the Golf Course Irrigation System Cost Sharing and
Funding
Mire explained the town and Vail Park and Recreation District (VRD) entered into an
intergovernmental lease agreement dated July 18, 2008, pursuant to which the VRD will
occupy and operate the Town's Vail Municipal Golf Course and in which the town and
VRD set forth their intentions to make financial contributions toward the maintenance
and repair of the Golf Course improvements. The replacement of the Golf Course's 40
year -old irrigation system with a new system is expected to deliver improved irrigation
coverage, water efficiency, and reliability. The town will pay for half the cost of the
project and loan funds to the VRD for payment of the other half of the project costs,
which loan will be repaid to the town in five years. The town's financing of the VRD's
contribution pursuant to the Intergovernmental Agreement (IGA) regarding the cost
sharing and funding for the golf course irrigation system will provide substantial savings
to the taxpayers, including the avoidance of bond underwriting fees and other bond
issuance and administrative costs. Foley clarified all approved funds were accounted
for. Mire explained there was a "true -up" clause in the agreement. Daly moved to
approve the ordinance with Hitt seconding. VRD Executive Director Mike Ortiz said he
hoped the project would begin in May. Ortiz confirmed the course would be open for
play all summer. He then thanked Council for their support of the project. The motion
passed unanimously, 7-0.
The twelfth item on the agenda was Adjournment.
Foley moved to adjourn at 7:27 p.m. with Hitt seconding. The motion passed
unanimously, 7-0.
Dick Cleveland, Mayor
ATTEST:
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Lorelei Donaldson, Town Clerk
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