HomeMy WebLinkAbout2010-02-16 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, February 16, 2010
6:00 P.M.
Vail Town Council Chambers
Members present: Dick Cleveland, Mayor
Susie Tjossem
Kevin Foley
Margaret Rogers
Andy Daly
Kerry Donovan
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.
Vail Homeowner's Association representative Jim Lamont spoke in regard to the
upcoming Community Survey. "The degree of response has always troubled
me ... It has been looked at by some as a political document as opposed to a
factual document."
Local filmmaker Roger Brown announced, "The Vail 50th anniversary film is being
produced ... I have a 100,000 feet of film ... If we do the right job with the original
film it will look like 35mm... Vail Resorts has contributed to about half the total
budget ... We are really examining a lot of possibilities." If you care to contact
Brown or have photography or video that may be of interest, please contact him
at 970-524-1588.
The second item on the agenda was the Town Manager's Report.
a. Insurance Service Office (ISO) Rating Update
Fire Chief Mark Miller reported the town's ISO rating had recently improved. "We
are currently rated four with one being best."
b. Green Business of the Year Award to the Town of Vail
Cleveland announced the town had been awarded the Vail Valley Partnership's,
Green Business of the Year Award. Cleveland said it was really town staff who
deserved the award. Kristen Bertuglia and Bill Carlson received the award from
the Mayor.
The third item on the agenda was the adoption of Council Vision Document /
2010 Priorities.
Town Manager Stan Zemler reported The Town of Vail budget adopted for the
2010 reflects the town's priorities established during the December 8, 2009
retreat.
Primary areas of focus in 2010 are:
1. Guest relations & customer service
2. Economic vitality
3. Budget & capital management
4. Master planning
5. Transportation & parking
6. Work force housing
7. Environmental stewardship
Tjossem said there needed to be more action items and tactics for guest
services. Daly said the list should be more specific. He emphasized the need for
an outline of concrete steps. "I am not sure that this is going to drive the future of
Vail." Foley asked for a Work Session to be scheduled to discuss where exactly
the town wanted to focus its efforts. Cleveland said he felt the areas of focus
remained too broad. Rogers said she would like more of a community
discussion. Foley said the community meeting was March 9 and that would be
good opportunity to get community input. During a pause for public comment,
Vail Homeowner's Association representative Jim Lamont said only winter
recreation would improve the local economy. "All energy needs to be put into
generating the largest amount of destination guests through the next two
winters." Zemler said staff would return to Council for a follow-up discussion.
The fourth item on the agenda was a Mountain Travel Market Update.
Ralf Garrison provided an update on economic/market conditions in the mountain
resort industry. Garrison, an analyst with the Mountain Travel Research
Program, told Council members that lodging reservations had improved
compared to 2008-09, although at an expense. Garrison explained lodges are
dropping rates to increase occupancy. He reported occupancy in Vail hotels the
winter of 2009-10 were up 5.1 percent over 2008-09 at the close of January.
Garrison stated consumer confidence, looking ahead about six months, is up.
"Our consumers are more optimistic about the future than they are about the
present," Garrison said. He also noted there is evidence that Vail, along with
other resort markets, is helping to create last-minute booking behaviors. The
industry has determined guests are booking later, thus rearranging marketing
strategies to capture that new behavior. Garrison was skeptical last-minute
booking is as big of a market trend as lodge operators believe. "There's a
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modest change in this year versus last year... Maybe the shift is not coming as
much from the marketplace as much as it is from our own self-fulfilling prophecy."
Garrison suggested offering something other than lower rates at lodging
properties to get people to come to town. That solution aligns with the town's
focus on bringing more special events to town. Tjossem mentioned other resort
towns are improving occupany, so there is an opportunity for Vail to turn the
corner. Vail Homeowners Association representative Jim Lamont questioned
whether encouraging signs of higher occupancies combined with lower rates is
good for business in the future. Lamont said once discounting has become a
normal behavior, it "prolongs the economic recovery because then the consumer
expects discounting to continue." Garrison agreed the scenario is a potentially
negative side effect of enjoying the higher occupancies at the expense of rates.
Vail Chamber & Business Association representative Rich tenBraak thanked
Council for supporting the MTrip reports and said they were very valuable. Daly
clarified Vail was number three in average summer occupancy rates.
The fifth item on the agenda was a request to proceed through the development
review process with a proposal to construct private improvements on the Town of
Vail owned Gore Creek public stream tract, generally located adjacent to the
Mountain Haus at 292 East Meadow Drive.
Staff reported that the applicant, Mountain Haus, has requested permission to
proceed through the development review process with a proposal to construct a
laundry vent pipe and associated culvert on the town owned Gore Creek public
stream tract. The applicant can not proceed with these development applications
without first obtaining Council's joint property owner authorization for the
proposed construction on the town owned parcel. Foley said he was
disappointed there was no site visit. He then encouraged approving the request
and allowing the PEC to review it. Mountain Haus representative Steve Hawkins
spoke in support of the request. Rogers moved to approve the request with
Foley seconding. Newbury said she wanted to stay consistent with the town's
goal of preserving riparian areas. "I don't think we need to make special
circumstances for certain properties." Cleveland said he had serious concerns
about a potential steam plume being emitted in a riparian area. Local hotelier
Rob Levine encouraged Council to allow the applicant to proceed through the
process at his own peril. VCBA representative Rich tenBraak and Rich Self
spoke in support of Council allowing the applicant to proceed. The motion failed,
3-4 with Tjossem, Foley and Rogers voting in support.
The sixth item on the agenda was the First reading of Ordinance No. 3, Series of
2010, an ordinance amending Section 14-10-5, Building Materials and Design,
Vail Town Code, pursuant to Section 14-1-3, Administration of Standards, to
allow for changes to the solar panel regulations.
On January 25, 2010, the PEC forwarded a recommendation of approval, with
modifications, for changes to both the LionsHead Redevelopment Master Plan
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and the Development Standards of the Vail Town Code. The modifications, which
are reflected in the proposed language in the ordinance and resolution, are as
follows: The definition of solar panel was proposed to be revised to be more
specific to solar panels and not the broader definition of solar collectors. The
phrase "and shall not exceed the height of adjacent roof ridges" was proposed to
be stricken from the suggested language. Planner Rachel Friede explained that
today's regulations do not meet the need for alternative energy or photovoltaic
aesthetics. Daly said he did not want solar panels to dramatically impact the
heights of buildings. Donovan expressed concern that solar panels could not be
aesthetically modified in any way and maintain their warranty. Local hotelier Rob
Levine said lowering the amount would probably kill the project. Environmental
Sustainability Coordinator Kristen Bertuglia said to restrict the number of panels
or the size of the array would limit the potential solar arrays return on investment
(ROI). Vail Homeowner's Association representative Jim Lamont said Council
should pay close attention to reflectivity. "We need to be cautious with how we
redevelop these buildings." Daly moved to approve the ordinance with the
amendment that maximum allowable roof height not exceed two additional feet
with Foley seconding. The motion failed 3-4, with Foley, Donovan, and Daly
voting in favor. Rogers then moved to approve the ordinance with Tjossem
seconding. The motion passed 4-3, with Cleveland, Newbury, Donovan and
Foley opposed. Daly asked for renderings of the potential impacts of solar arrays
on lift lines. Levine said if the town wanted to improve the environment there
would have to be aesthetic tradeoffs.
The seventh item on the agenda was Resolution No. 3, Series of 2010, a
resolution approving the second amendment to the Core Site Employee Housing
between the Town of Vail and the Vail Corporation, d/b/a Vail Associates, Inc.
The town and the Vail Corporation d/b/a Vail Associates, Inc. (VAI) are parties to
a certain Core Site Employee Housing Agreement dated as of December 18,
2007, and as modified by the Amendment to Core Site Employee Housing
Agreement dated as of March 26, 2009. The Employee Housing Agreement
establishes requirements for the posting of a Letter of Credit by VAI. VAI has
proposed to modify the requirements under the Employee Housing Agreement
governing the amount of the Letter of Credit in the manner provided in the
Second Amendment to Core Site Employee Housing Agreement for the Council's
consideration. Rogers expressed concern Vail Resorts had owed employee
housing for over two years. "Pulling a building permit is not a guarantee you will
have a project... I'm not willing to allow the risk of another disappointment."
Cleveland said he wanted to make the sure the project once started would be
completed. During a pause for public comment, Michael Cacioppo said he
believed Vail Resorts received too much special consideration. Rogers moved to
deny the resolution with Foley seconding. The motion failed 2-5 with Foley and
Rogers voting in favor. Daly then moved to approve the resolution with Donovan
seconding. The motion passed 4-3 with Foley, Rogers and Cleveland opposed.
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The eighth item on the agenda was Resolution #6, Series of 2010, a resolution
of the Town of Vail allowing for a one time, eighteen month, administrative
extension to the lapse of approval for certain approved development plan
approvals.
On February 2, 2010, Council instructed staff to prepare a resolution for the
Council's consideration that allows for an extension to the approval periods for
four specific development plan approvals. The four projects affected by this
resolution are Cascade Residences, Cornerstone Residences, Strata and
Timberline Roost Lodge. In instructing staff to prepare the resolution, Council
concluded the current state of the economy and the present circumstances within
the financial markets making the ability to obtain construction financing difficult,
or nearly impossible, warrants the need for this resolution and the 18 month
extension. Rogers moved to approve the resolution with Daly seconding.
Cleveland said he was not comfortable with granting an 18 month extension.
The motion passed 6-1, with Cleveland opposed.
The ninth item on the agenda was Adjournment.
Foley moved to adjourn with Newbury seconding at approximately 8:40 p.m. The
motion passed unanimously, 7-0.
SEAL
Dick Cleveland, Mayor
ATTEST:
�l
Lorelei Donaldson, Town Clerk
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