HomeMy WebLinkAbout2010-08-03 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, August 3, 2010
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
Kevin Foley
Kim Newbury
Kerry Donovan
Margaret Rogers
Andy Daly
Not present: Susie Tjossem
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation.
Dennis Foley, Bill Suarez and Craig Arford thanked Council for their
perseverance in alleviating parking issues in LionsHead.
The second item on the agenda was the Town Manager's Report.
a. Revenue Update
Budget and Financial Reporting Manager Kathleen Halloran reported that upon
receipt of all sales tax returns for the month of June, collections for the month
were expected to be $869,159 up 23.1 % from budget and 21.2% from last year.
Year-to-date sales tax collections are expected to be up 2.4% from budget and
up 0.85% from last year. Inflation as measured by the consumer price index was
up 1.1 % in June compared with June 2009. Construction permit revenue through
July 28 totals $347,979 including $151,629 from major redevelopment projects
compared with $290,209 from major projects at this time last year. Revenue
from non -major projects is up 10% from 2009, due to a number of additions and
remodels. The 2010 budget for construction permit fees is $625,000 with year-
to-date revenue about $55,000 higher than expected year-to-date. Use tax
collections as of July 28, 2010, total $612,875 compared with $242,567 at this
time last year and $356,000 budgeted. Major redevelopment projects including
First Chair, Lodge Tower, and Ramshorn contributed $291,506 or 48% of the
total. Several remodel projects including additions to units at the Vail Village Inn
and Vail Mountain Lodge and remodels at Millrace Condos, the Antlers and Vail
Point also paid use tax in 2010. No comparable activity occurred in the first half
of last year. Year-to-date use tax collections have already exceeded the full -year
budget of $600,000. RETT collections through July 28, 2010, total $3,322,133,
compared with $2,097,000 budgeted and $1,329,700 at this time last year.
Approximately $1,748,236 of the 2010 RETT collected is from major
redevelopment projects including Arrabelle, Chalets at the Lodge at Vail,
Founders' Park Garage, Landmark, Lions Square Lodge North, Manor Vail,
Mountain View, Solaris and Vail Plaza Hotel. Collections not related to major
redevelopment projects total $1,573,897 compared with $785,000 through June
of 2009. The full -year budget for RETT is $4,283,000 and 78% of that budget
has been collected through the end of July (58% of the year). Across all funds
and revenue accounts through June 30, 2010, total revenue of $29.9 million is up
13.8% year-to-date from this time last year and up 11.7% from the budget. For
more information, contact Kathleen Halloran at 479-2116.
b. The Vail Village parking structure expansion over the South Frontage
Road study is estimated to cost $25,000 due to the complexities of the
issues. Because of the location of the structure, the budgeted funds
for parking (RETT and VRA funds) are not allowed to be used. Council should
direct staff to use capital dollars to conduct this study. During the parking update
two weeks ago staff did not have the cost proposals back from consultants.
Public Works Director Greg Hall then asked if Council wished to proceed with this
study. Cleveland said he was not interested in addressing the issue. Foley said
that until the Frontage Road issues (clarification of ownership) were resolved, it
was no use to pursue the project. Council then agreed there was no interest in
pursuing the study.
The third item on the agenda was the Consent Agenda.
a. Approval of 07.06.10 & 07.20.10 Town Council Minutes
Daly moved to approve the minutes with minor amendments with Foley
seconding. The motion passed unanimously, 6-0.
The fourth item on the agenda was the Winter 2010/2011 Parking Operation
Plan setting goals, policies, rates and pass prices.
Public Works Director Greg Hall asked Council to consider the adoption of the
Winter 2010/2011 Parking Operation Plan as presented or with modifications,
provide direction where additional information is needed or has been identified to
complete the plan. Council annually adopts a Parking Operation Plan for the
upcoming winter season. In past years, a recommendation was presented by the
Parking Task Force. This year the council directed staff to present a
recommendation to them based on input provided during previous council work
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sessions. Hall explained that transit won't work for all segments of the workforce.
Rogers encouraged using a punch card system (i.e., a free day of parking after
paying for seven days). Daly and Rogers spoke in support of improved signage
to give people advanced warning of parking options. Cleveland spoke in support
of a merchant validation system. Daly said the Vail Economic Advisory Council
(VEAC) believed a validation system would not work. Daly spoke in support for
segregated short term parking. He then encouraged having a Work Session item
to discuss the issue. Vail Chamber & Business Association Richard tenBraak
representative said local merchants hoped free short term parking would be
extended to two hours. Kaye Ferry asked why Vail residents did not realize the
same discounts as down valley residents. Paul Rondeau asked Council to
simplify the parking process. Cleveland said it was apparent Council needed to
have a discussion about pricing. "Will the rates that are proposed serve our
purpose?"
The fifth item on the agenda was the First reading of Ordinance No. 14, Series
of 2010, An Ordinance making supplemental appropriations to the Town of Vail
Capital Projects Fund of the 2010 Budget for the Town of Vail, Colorado; and
authorizing the expenditures of said appropriations.
Budget and Financial Reporting Manager Kathleen Halloran said the resolution
was tied to Vail Reinvestment Authority resolution passed earlier in the day.
Rogers moved to approve the ordinance with Daly seconding. The motion
passed unanimously, 6-0. For more information, contact Kathleen Halloran at
479-2116.
The sixth item on the agenda was the Second reading of Ordinance No. 13,
Series 2010, an ordinance amending certain sections within 4-3, Sales Tax, Vail
Town Code.
Finance Director Judy Camp asked that Council approve, approve with
amendments, or deny Ordinance No. 13, Series 2010, upon second reading.
Senate Bill 10-142 was signed by Governor Ritter on March 29, 2010, with an
effective date of August 22, 2010. The bill amends Colorado Revised Statutes
29-2-106.1 (2)(a) concerning the process of resolving disputes related to sales
tax paid to a local government. Ordinance No. 13 amends the Vail Town Code to
be consistent with the new legislation. The major change is to allow taxpayers 30
days, rather than 20, to protest a deficiency notice issued by the Finance
Director. Also, the town's current sales tax ordinance is silent concerning the
statute of limitations when an audit or other collection proceeding commences.
Ordinance No. 13 clarifies what happens in this situation by adding the following
language: "The commencement of collection proceedings, including the mailing
of a notice of audit, shall toll the running of the statute of limitations. In the case
of mailing of a notice of audit, any such audit shall be diligently pursued by the
Town.
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For purposes of this Section, "toll" is defined as an interruption of the running
or continuation of statute of limitations. Daly moved to approve the ordinance
with Donovan seconding. The motion passed unanimously, 6-0.
The seventh item on the agenda was a Covered Bridge Deck Replacement with
Heated Concrete Request.
Public Works Director Greg Hall asked Council for direction to replace the
Covered Bridge decking with snowmelted wood plank stamped concrete decking.
The Covered Bridge connecting Slifer Square and Bridge Street currently has
wood decking that has been significantly worn down and is in need of
replacement. Due to the volume of guests that cross this bridge, and the slick,
wet/frozen conditions, which occur due to blowing snow and moisture tracked
onto the wood decking, the town gets many reports of slip and falls at this
location. In order to improve the safety condition on this bridge, staff is
recommending heating the bridge deck. In order to accomplish this, the deck will
have to change material to concrete. The concrete can be stamped and colored
to look like wood. The estimated cost of this work is $115,000. The request was
to direct staff to proceed through the Design Review Board Process to obtain
approval of the material change from wood decking to snowmelted wood plank
stamped concrete decking for the Covered Bridge. Rogers asked if any other
material than concrete could be used. Daly and Rogers said they would prefer to
see pavers on the bridge. Donovan and Newbury said they were strongly
opposed to removing the wooden planking of the bridge. Foley spoke in support
of widening the bridge. Cleveland noted, "I think it would be a real mistake to
change that bridge." During a pause for public comment, Vail Homeowner's
Association representative Jim Lamont spoke in support of historical
designations for buildings, structures and relevant locations. Rogers moved not
to move forward with Donovan seconding. The motion passed unanimously, 6-0.
The eighth item on the agenda was Resolution No. 21, Series of 2010, A
Resolution Expressing Support for Congressional Wilderness Designation of
Seven Separate Areas on Public Lands Surrounding or Nearby the Town of Vail.
The resolution is intended to support a proposal currently before Congress to
designate as wilderness portions of the White River National Forest and
surrounding Bureau of Land Management areas in Eagle County, including
several in the vicinity of Vail. Resolution advocate Susie Kinkade requested the
Town of Vail and Town Council support this proposal by passing this resolution.
Kinkade said world class resorts need world class landscapes. During a pause
for public input, Kevin Hoechtl spoke in support of the resolution. Richard
tenBraak spoke against the resolution as it was not ready to be passed. John
Bailey spoke in support of making the Spraddle Creek area a national recreation
area. Joe Staufer spoke in support of preserving and expanding wilderness
areas. Eagle River Water & Sanitation District representative Lyn Brooks spoke
against the resolution. "We would like to see more watershed values in their
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destinations." Lee Mossburger spoke in support of the resolution. Jonathon
Staufer urged Council to support the resolution. Mark LaVarn spoke in support of
the resolution. Vail Homeowner's Association representative Jim Lamont asked
Council to look back to the past and dig for the vision of Vail's founders in regard
to wilderness protection. Paul Rondeau asked Council to consider the impact the
decision would have on the town's guest. Having heard comments from all
Council members, Rogers then withdrew a motion to approve and moved to table
the resolution until September 21 st with Daly seconding. The motion passed
unanimously, 6-0.
The ninth item on the agenda was Adjournment.
Foley moved to adjourn at approximately 9:30 p.m. with Newbury seconding.
Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk