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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