HomeMy WebLinkAbout2009-03-03 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, March 3, 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, Assistant Town Manager
The first item on the agenda was Citizen Input.
Michael Cacioppo expressed concern about recent actions of the Vail Police
Department.
Antlers Lodge General Manager Rob Levine spoke in support of the good work
performed by the Vail Police Department/911 Dispatch Center.
Local shop owner Buzz Schlepper asked for attention to be paid to his shop frontage
during special events as two of his business locations were blocked during a recent
special event.
Four Eagle Ranch operator Tom Backhus asked Council to allow Donovan Pavilion staff
to recommend businesses who do not operate within the Town of Vail. In regard to the
economy Baccus commented, "Families are going to help getting us through a
recession."
Rob Levine also spoke in support of using a valley wide marketing/promotion approach.
Hitt said sales tax collected within the town should be spent promoting town interests.
Hitt encouraged down valley entities to participate in the Vail Local Marketing District
sales tax.
Vail Homeowner's Association President and Vice President of Bravo! Alan Kosloff
spoke in support of Ford Park parking expansion. He then spoke in support of making
small improvements to the Ford Amphitheater to improve accessibility. He then thanked
Council for their generous support of Bravo!
Cacioppo thanked Hitt for responding to Backhus. He then spoke in support of
Backhus's comments.
The second item on the agenda was Proclamation No. 1, Series of 2009. Plastic Bag
Proclamation.
Environmental and Sustainability Coordinator Kristen Bertuglia asked Council to approve
the Proclamation supporting reduced use of plastic bags in Vail. The BYOB (bring your
own bag) Challenge begins March 1 and continues to Sept. 1. It's being coordinated by
the Colorado Association of Ski Towns (CAST) and includes participation by Vail, Aspen,
Snowmass, Telluride, Mountain Village, Steamboat Springs, Breckenridge, Winter Park,
Crested Butte, Park City, Jackson Hole and Sun Valley. In addition, the towns of Avon,
Eagle, Gypsum, Basalt, Silverthorne, Dillon, Frisco, Fraser, Estes Park, Grand Lake,
Granby, Mt. Crested Butte, and the Idaho communities of Hailey and Ketchum, have
also agreed to participate. Kristen Bertuglia is serving as the local contact for Vail's
awareness campaign. She's been making arrangements with representatives from City
Market, Safeway, Ace Hardware and Sports Authority to help launch the program. The
West Vail businesses have agreed to monitor the number of times a reusable shopping
bag is used as an alternative to single -use, disposable plastic bags. In some cases,
customers will receive a five -cent discount off their bill for using their own bag.
Bertuglia says the participating businesses are eager to help their customers make the
conversion to reusable bags and she's hoping additional businesses will join the
campaign. "By reducing the use of plastic bags in the community, we're helping the
businesses become more sustainable, reduce cost and waste, and we're certainly
helping the environment," she said. At a consumption rate of 100 billion per year, the
U.S. uses 12 million barrels of oil annually to sustain its plastic bag habit, translating to
over half a billion dollars per year, according to the Community Office for Resource
Efficiency (CORE) in Aspen. For every 100 plastic bags manufactured, nearly seven
pounds of carbon dioxide, the major contributor to global warming, are released into the
atmosphere. Plastic bags also contribute to over 600,000 tons of landfill waste and are
responsible for 1.1 million wildlife deaths each year, according to CORE. The community
that uses the most reusable bags on a per capita basis during the six-month competition
will be declared the winner by CAST. The winning community will receive a $5,000 grant
from Alpine Bank to be used to install a solar panel system at a public school. Bertuglia
says the competition is a great way to inspire the community into thinking about how we
use our resources. "What a great way to promote very simple every day practices to a
more sustainable lifestyle," she said. The Vail Recreation District (VRD) has joined the
local campaign and will assist in education and outreach with local students. In addition
First Bank of Vail is helping to fund 1,000 reusable bags that will be distributed
throughout the competition. Bertuglia is also encouraging Vail's lodges to provide
reusable bags for their guests. "What a statement it will make when our guests are
reminded that the Town of Vail values the environment and that they can help us reduce
waste, water and energy even when they are on vacation," she said. Bertuglia will be
tallying Vail's scores on a monthly basis and will provide ongoing community updates.
Comparison reports will be issued halfway through the competition by CAST to keep the
challenge competitive to the end. The BYOB Challenge is being initiated following the
success of a challenge between Telluride and Aspen in 2008. Between Memorial Day
and Labor Day, the two towns eliminated the use of an estimated 140,359 single -use
shopping bags. The benefits of reusable bags are numerous, according to Bertuglia.
"For example, each time you use a reusable bag, you replace three plastic bags. In
addition to the energy, water and waste savings, you also prevent the use of chemicals
that are often carcinogenic and end up as pollutants in our air, water and soil. Plus, the
more you use those reusable bags, you inspire others to think green .... don't forget to
bring them with you!" Posters, plus newspaper, television and radio announcements, will
be used to spread the word about the program. Shoppers will be able to identify
participating grocers and retailers by the presence of the 2009 CAST Reusable Bag
Challenge poster, which will be posted at the entrance. Rogers asked if Council would
entertain an idea to tax plastic grocery bags. Rogers moved to approve the resolution
with Hitt seconding. Michael Cacioppo expressed displeasure with the idea of the
proclamation. The motion passed unanimously, 6-0. Daly left the meeting.
Daly left the meeting.
The third item on the agenda was the Town Manager's Report.
a. A discussion to seek direction on whether to prepare a feasibility study of expanded
public parking at Ford Park.
Zemler asked Council to approve, approve with modifications, or deny a staff request to
prepare a feasibility study of expanded public parking at Ford Park. On November 18,
Council adopted its 2008-2009 Strategic Work Plan. As part of the Parking/Transportation
section, the work plan includes the "Creation of a Parking Feasibility Master Plan Exploring
Alternatives" which more specifically includes the plan to "Review Ford Park as the Town
option of meeting the parking demand now" and a 2009 first quarter action item to
"Complete the Ford Park study and determine the direction the Town will pursue to construct
near -term parking expansion." Zemler then recommended Council instruct staff to prepare
a feasibility study of expanded public parking at Ford Park. Foley encouraged the public to
provide input on the topic. Gordon moved to approve the request with Rogers seconding.
Zemler said, "What we are looking at is... Does it actually physically work... Is it even
possible." If built, Gordon spoke in support of making Ford Park parking available to locals
so as to free up the parking structures for guests. During a pause for public comment Vail
Homeowner's Association representative Jim Lamont commented, "We have done a good
job of utilizing the park in the summer and have done a very poor job of utilizing the park in
the winter... What facilities can we add to Ford Park that do not substantially add to parking
and help make this park a more 365 day a year park?" Allan Kosloff said he did not believe
a parking structure at Ford Park would have to be visually obtrusive. Zemler said the
objective was no net loss of recreational facilities. The motion passed unanimously, 6-0.
Zemler then complimented the Vail Fire Department for a recent response to a emergency
call a the Vail Athletic Club.
b. Revenue Update.
Budget and Financial Reporting Manager Kathleen Halloran reported when all sales tax
returns are received for the month of January, collections for the month are expected to
be $2,610,515, down 12.3% from January, 2008 and 6.5% down from the revised 2009
budget. The ski season so far (Jan — Nov) is down 8.7% from last ski season. Inflation
as measured by the consumer price index was flat, or 0% for the month of January
compared to prior year. Use tax collections as of February 26, 2009, total $9,899. 2008
collections totaled $608,483 of revenue. Construction permit revenue through February
24 totals $132,000, up 75% from 2008. The increase in activity from the prior year is
due to major redevelopment projects with continued permit fees during construction (not
from new building permits). Major redevelopment projects make up 81% of the total.
Revenue from non -major projects is down 47% from 2008. Real Estate Transfer Tax
(RETT) collections through February 24, 2009, total $260,978. This amount is a 75%
decrease from last year's February due to both major and non -major redevelopment
projects. At this time last year, the town had collected over $620K in RETT from sales of
major redevelopment projects such as Arrabelle, Forest Place and the Vail Plaza. Year-
to-date 2009 has seen limited sales from major redevelopment projects and is down
90%. Collections not related to major projects year-to-date are 36% down from this time
last year. Pass sales through February 24 total $33,250, down 2.5% from 2008. Year-
to-date daily sales (from parking structures) total $1.7 million, up 5.9% from the first two
months of 2008. Please note there is one Saturday yet this month not included in the
above total.
The fourth item on the agenda was the Consent Agenda.
a. Approval of 02.03.09 & 02.17.09 Town Council Minutes
Gordon moved to approve section a. of the consent agenda with Foley seconding. The
motion passed unanimously, 6-0.
b. The applicant, Eagle River Water and Sanitation District (ERWSD), requested
permission to proceed through the development review process to allow for the
installation of perimeter fencing around the Gore Valley water storage tank on Town of
Vail owned property located at 5004 Snowshoe Lane.
In 2002, the Federal Public Health Security and Bioterrorism Preparedness and Response
Act required, in part, that communities conduct a drinking water vulnerability assessment as
administered by the Environmental Protection Agency (EPA) with direction from the
Department of Homeland Security. The ERWSD conducted this required Vulnerability
Assessment which specifically noted that the Gore Valley water storage tank should have
perimeter fencing for water supply protection. The State of Colorado Department of Public
Health and Environment recommended the ERWSD install this fence to protect Vail's public
water supply. Since portions of the existing water storage tanks are located on Town of Vail
property, the applicant had to first obtain Vail Town Council (i.e. property owner) approval
before proceeding through the town's development review process for the new fence. The
Community Development Department recommended Council approve the applicant's
request to proceed through the development review process. Hitt asked if there were any
covenants that prevented fences on the parcel. Rogers asked if the project would be a
financial burden to the town in any way. ERWSD Water Manager Todd Fessenden said
another driver for the fence is public safety and there was heavy pedestrian traffic in the
area. Rogers asked if the District had considered using security cameras. Foley asked if
more landscaping would be located in the area. Hitt clarified the fence would be partially
camouflaged. Newbury moved to approve the request with Foley seconding. The motion
passed unanimously, 6-0.
The fifth item on the agenda was a Proposed Chamonix Employee Housing Action
Plan.
Housing Coordinator Nina Timm reported in 2008, the Town of Vail adopted the
Chamonix Master Plan and rezoned the Chamonix Property to the Housing (H) District
to allow for the development of deed restricted employee housing units. The Chamonix
Master Plan calls for approximately 58 deed restricted, for -sale employee housing units.
In order to ensure project success, the town has completed a cost validation study and
has engaged EPS to provide the town with a site specific market analysis. The
proposed action plan builds upon all of the previous work and establishes the steps and
timeline to be prepared to issue a Request for Proposals (RFP) to develop employee
housing at the Chamonix Property. Timm said an immediate priority would be working to
get Federal Housing Authority (FHA) and Fannie Mae deed restricted housing approval.
She also suggested engaging an architectural firm to develop a design vision. Zemler
said there are a lot of people looking for work so the town would be able to receive a
very competitive RFP for work. Rogers and Cleveland expressed concern that
architectural design would not be tied to cost. Cleveland commented, "What we haven't
come to terms with is how much appetite does this Council have to stomach the
subsidies on this project." Foley said he didn't feel the need to create a new vision for
the project as it already existed. Hitt moved to instruct staff to move forward with the
proposed Chamonix Employee Housing Action Plan, except the vision and RFP steps
with Rogers seconding. The motion passed unanimously, 6-0.
The sixth item on the agenda was the Town Council's short list announcement for potential
Timber Ridge Redevelopment teams.
On December 18, 2008, the town issued a Request for Qualifications and Proposals
(RFQ/P) for the redevelopment of one-half of Timber Ridge Village Apartments. Ten teams
responded to the town's RFQ/P. The town established the nine member (Vail Local
Housing Authority and town staff) Timber Ridge Redevelopment Advisory Committee to
review the proposals and make a recommendation to Council. Council reviewed all of the
proposals and received the Review Committee's recommendation. Based upon Council's
review and the recommendation provided, Council will be establishing a short list of six
potential development teams to be invited to participate in oral presentations and interviews.
Hitt moved to table the item with Rogers seconding. The motion passed unanimously, 6-0.
The committee will bring their next round of recommendations to Council on April 21St
The seventh item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals,
Vail Town Code, of the Town of Vail PEC's decision to approve a major exterior
alteration application, pursuant to Section 12-7H-7, Exterior Alterations or Modifications,
Vail Town Code, to allow for the redevelopment of the property known as the "North Day
Lot" with a multiple unit employee housing project, located at 600 West LionsHead
Circle/Part of Lot 1, Block 1, Vail LionsHead Filing 3.
Due to a predetermined conflict of interest (Vail Resorts affiliation) Gordon recused
himself from the item and left the room. On February 17, 2009, Council "called -up" (i.e.
appealed) the decision of the PEC by a vote of 7-0-0. The reason cited for the call-up
was to consider the conditions placed upon the approval by the PEC. Vail Resorts
representative Michael Brekka descriptively covered the project's past and proposed
timeline. He reported the proposed start date for the project would be on or about April
in 2010. Hitt asked if there was anything the town could do to speed up the beginning
construction date. Brekka said beginning the project during the winter would have a
severe impact on the community. Rogers moved to approve the request with Newbury
seconding. During a pause for public comment Susie Huxford asked if project
construction would interrupt pedestrian access between the pedestrian bridge and
LionsHead. In regard to the delay in providing employee housing required by the Core
Site Agreement, Foley commented, "I feel like it's a real slap to the community."
Newbury also said she was very disappointed in Vail Resorts. Hitt said it was the right
thing to do for the town to try and put a transit center on the site, although those efforts
delayed the project. The motion passed 4-1, with Foley opposed.
The eighth item on the agenda was Ordinance No. 2, Series of 2009, an Ordinance
Amending Title 6, Chapter 3, of the Vail Town Code Regarding the Offense of Disturbing
the Peace in the Town of Vail.
Text messaging and email have become a regular and consistent form of media and
communication in the United States and elsewhere. This kind of communication can be
abused and used for the purpose of harassing others. This type of harassment is
already prohibited by Colorado State Statute. Rogers moved to approve the ordinance
with Foley seconding. The motion passed unanimously, 6-0.
The ninth item on the agenda was 2009 Budget Adjustments; Second Reading of
Ordinance No. 5, Series 2009, an ordinance making budget adjustments to the Town of
Vail General Fund, Capital Projects Fund, and Heavy Equipment Fund of the 2009
Budget for the Town of Vail, Colorado; and authorizing the said adjustments as set forth
herein.
Due to the decline in construction and concern with sales tax revenue, the Town
Manager proposed adjustments to the 2009 Budget which was passed on November 18,
2008. Newbury moved to approve the ordinance with Rogers seconding. Foley thanked
Council for not reducing the Commission on Special Events (CSE) allocation. Cleveland
said he would vote against the ordinance as he believed the CSE should be treated as
all other components of the organization. The motion passed 5-1, with Cleveland
opposed.
The tenth item on the agenda Adjournment.
Newbury moved to adjourn with Foley seconding at approximately 8:10 p.m. The motion
passed unanimously, 6-0.
SEAL
ATTEST:
Lorelei Donaldson, Town Clerk
Dick Cleveland, Mayor