HomeMy WebLinkAbout2010-05-04 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, May 4, 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
Susie Tjoseem
Margaret Rogers
Not present: 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 Participation.
Vail Homeowner's Association representative Jim Lamont addressed the issue of
transit flow in the proposed LionsHead transit center. He then expressed
concern about the availability of public comment on public parking.
The second item on the agenda was the Town Manager's Report.
a. Revenue Update.
Finance Director Judy Camp announced that when all sales tax returns are
received for the month of March, collections for the month are expected to be
$2,673,056, up 8.4% from budget and 6.7% from last year. March 2010 is the
first month since August 2008 to show a year -over -year increase in collections
(with the exception of April 2009, when Easter was in April and the monthly
increase was more than offset by shortfalls in March that year). Year-to-date
sales tax collections are expected to be up 2.8% from budget and up 1.2% from
last year. Inflation as measured by the consumer price index was up 2.3% in
March compared to March 2009. Lift tax collections through March of
$2,228,755 are up 5.1 % from last year. Season -to -date revenue, with April still
to come, is $2,818,154, up 1.5% from last season. The 2010 annual budget
totals $3,115,000, an increase of 2.2% over full -year 2009. Preliminary
information shows parking revenue of $3.5 million for the first four months of the
year and $4.9 million for the 2009/2010 ski season. 2010 revenue is down 1.1 %
from this point in time last year and ski season is down 7.7% from 2008/2009.
The full -year budget for 2010 is $5.4 million, an increase of 9.2% over full -year
2009. If no changes are made to the parking program for winter 2010/2011, a
shortfall of approximately $0.5 million versus budget can be anticipated.
Construction permit revenue through April 27 totals $148,129 including $70,699
from major redevelopment projects compared with $146,290 from major projects
at this time last year. Revenue from non -major projects is up 28% from 2009 due
to a number of additions and remodels. The 2010 budget for construction permit
fees is $425,000 with year-to-date revenue about $38,000 higher than expected
in the first four months of the year. Use tax collections as of April 27, 2010, total
$374,478 compared with just $79,500 at this time last year and $62,000
budgeted. Major redevelopment projects including the Ramshorn and First Chair
contributed $235,724 or 63% of the total. Several remodel projects including
additions to units at 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 four months last year. Year-to-date use
tax collections are already 75% of the full -year budget of $500,000. Through the
end of April, $30,936 has been collected for recreational amenities fees including
First Chair as well as several smaller projects that added square footage. The
annual budget of $10,000 has been exceeded by $20,936. These funds are
included in the Real Estate Transfer Tax Fund with their use restricted to
providing recreational amenities. Unbudgeted revenue of $99,617 has been
collected for housing fee -in -lieu payments for projects including the Ramshorn,
Vail Mountain Lodge and others. Use of these funds is restricted to housing
programs. RETT collections through April 28, 2010, total $1,371,243, up 15%
from budget and more than double this time last year. Approximately $487,265
of the 2010 sales are from major redevelopment projects including Arrabelle,
Landmark, Lions Square Lodge North, Manor Vail, Mountain View, Vail Plaza
Hotel, and the first unit to close at Solaris. Collections not related to major
redevelopment projects total $883,978 compared with $330,249 through April of
2009. The full -year budget for RETT is $4,283,000. "We are starting to see
changes in the economy that are having a positive impact on revenue... This is
the first month since August of 2008 that we have had a year over year
increase." During a pause for public comment Jim Lamont asked for a financial
reporting that showed an aggregate revenue stream.
The third item on the agenda was the Consent Agenda.
a. Approval of 04.06.10 & 04.20.10 Town Council Minutes.
Foley moved to approve the consent agenda without amendments with Rogers
seconding. The motion passed unanimously, 6-0.
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The fourth item on the agenda was the West Vail Fire station site stabilization
(shoring and retaining wall construction) and preliminary foundation work.
Adam Williams (ARC Integrated Program Management) and Fire Chief Mark
Miller requested approval from Council to release the award of the site
stabilization (shoring and retaining walls) and preliminary foundation work
subcontracts based off the 95% Construction Documents in order to allow critical
work to begin while the remainder of the documents are finalized and bid.
Engineering design for this work has already been completed and the town had
bid the scope to the subcontracting community and received competitive pricing
and good value. Miller then recommended Council (through the Town Manager)
allow Drahota Construction to award up to $425,000 of local subcontracts for the
site stabilization /preliminary foundation work in order to save valuable time and
stay on budget by maintaining the current construction schedule. Rogers moved
to approve the request with Newbury seconding. The motion passed
unanimously, 6-0.
The fifth item on the agenda was a LionsHead Transit Center Update.
Lou Bieker of 4240 Architecture asked Council to listen to a presentation by the
design team and staff, ask questions, provide comment, and affirm direction of
the design so the proposed design may continue through the PEC and DRB
process for approval. The town and the Vail Reinvestment Authority (VRA), are in
the process of completing design development (DD) and entitlements for the
LionsHead Transit Center Project in response to past planning efforts. The VRA
contracted with the 4240 Architecture Team to complete this design. Bieker told
Council about progress on the redesign of a new transit center at the LionsHead
parking structure. The improvements, scheduled to be done this year, include
improvements to South Frontage Road, the intersection of the frontage road and
East LionsHead Circle, and a new skier drop-off area. The improvements also
include new walkways and a new information and waiting area to accommodate
transit riders. Beiker said that given current labor rates and material prices, the
cost estimates for the entire project have come down by about $1 million. The
project's price tag is now roughly $14 million for work this 2010-11. Construction
is expected to start in August and be finished by December. Cleveland said, "I
like this building because it is simple, elegant and functions." Council said they
were impressed with the design. Foley and Tjossem encouraged replanting six
Blue Spruce trees (located on the southwest corner of the structure) proposed to
be removed in order to facilitate the project. During a pause for public comment
Jim Lamont said the architecture was a theme that was well worth pursuing.
Tjossem said she did not believe the current Vail Recreation District (VRD)
programming fit into the proposed project. Council discussed enlarging the
auxiliary building to possibly facilitate additional restrooms and ski storage.
The sixth item on the agenda was the First reading of Ordinance No. 6, Series of
2010, an ordinance repealing and re-enacting Ordinance No. 13, Series of 1986,
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amending the approved development plan and requirements for site coverage,
landscaping, setbacks, and gross residential floor area for Special Development
District No. 15, Bishop Park, in accordance with Section 12-9A- 10, Amendment
Procedures, Vail Town Code, to allow for the construction of a residential
addition (patio enclosure) to the North side of Unit 8, Bishop Park, located at 63
Willow Place/ Lots 1 & 2, Block 6, Vail Village Filing 1.
Planner Rachel Fried explained Special Development District No. 15, Bishop
Park, was established by Ordinance No. 13, Series of 1986. At that time, the
purpose of the SDD was to allow for an increase in development potential while
providing the public benefit of financial support for the public stream walk. Since
the establishment of SDD No. 15, there have not been any amendments to the
SDD. On April 12, 2010, the PEC made a recommendation of approval, with
conditions, to the Vail Town Council which would allow the enclosure of a ground
level deck. Foley moved to approve the ordinance Newbury seconding. The
motion passed unanimously, 6-0.
The seventh item on the agenda was the First Reading of Ordinance No. 7,
Series of 2010, an ordinance repealing and re-enacting Ordinance No. 12, Series
of 2003, amending and reestablishing the approved development plan and
density control requirements for Special Development District No. 37, Tivoli
Lodge, in accordance with Section 12-9A-10, Amendment Procedures, Vail Town
Code, to allow for the conversion of meeting space to an accommodation unit at
the Tivoli Lodge, located at located at 386 Hanson Ranch Road/ Lot E, Block 2,
Vail Village 5th Filing.
Due to a predetermined conflict of interest (employment at the Tivoli Lodge)
Newbury recused herself from the item and left the Council Chambers. On April
26, 2010, the PEC forwarded a recommendation of approval to the Vail Town
Council for Ordinance No. 7, Series of 2010. Rogers moved to approve the
ordinance with Foley seconding. The motion passed unanimously, 5-0. Foley
then asked for a site visit to the property during the next Work Session.
The eighth item on the agenda was the First reading of Ordinance No. 8, Series
of 2010, an ordinance amending Section 12-14-20, Commercial Core
Construction, Vail Town Code, to allow for the extension of the commercial core
temporary construction signage for businesses.
Planner Rachel Friede explained these regulations facilitated the installation of
temporary construction mitigation signs and fencing within the town's commercial
areas to lessen the impact of redevelopment construction on the town's
businesses, residents, and guests. These regulations were originally set to expire
on April 1, 2008, but were extended to April 1, 2010 by Ordinance No. 4, Series
of 2008. On April 26, 2010, the PEC forwarded a recommendation of approval to
the Vail Town Council for Ordinance No. 8, Series of 2010 by a vote of 6-0-0.
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Donovan moved to approve the ordinance with Rogers seconding. The motion
passed unanimously, 6-0.
The ninth item on the agenda was First Reading of Ordinance No. 10, Series of
2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code,
pursuant to Section 11-3-3, Prescribed Regulation Amendment, Vail Town Code,
to allow for additional movie theater, bowling alley, and public parking on private
property signage, and to define the term first floor for the purposes of calculating
allowable sign area.
On April 12, 2010, the PEC voted 6-0-0 to forward a recommendation of
approval, with modifications to Council for the proposed amendments to the
Town's Sign Regulations. The PEC's recommended modifications to the Sign
Regulation amendments have been incorporated into Ordinance No. 10, Series
of 2010. The PEC recommended Council approve Ordinance No. 10, Series of
2010, on first reading. Rogers moved to approve the ordinance with Tjossem
seconding. The motion passed 5-1, with Donovan opposed.
The tenth item on the agenda was the Second 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
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 shall 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" shall be stricken from the proposed
language. On February 16, 2010, the Vail Town Council approved Ordinance No.
3, Series of 2010, upon first reading, with a vote of 4-3-0 (Cleveland, Donovan
and Foley opposed). Council spoke in support of the promotion of solar panels
and alternative energy, but expressed concern over the following issues:
• Aesthetics of solar panels, including creation of new perceived roof
lines.
• Potential limitations of the number of panels.
• Location of panels on roofs as they relate to roof lines and eaves.
• Distance between solar panels and roof surface below.
• How panels will look on buildings throughout the Town of Vail.
During a pause for public comment Jason Winecast of Active Energies in Minturn
explained the importance of proper placement of photovoltaic panels. Rogers
moved to approve the ordinance with Newbury seconding. The motion passed 6-
0. Donovan said she supported solar but she did not believe the ordinance had
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been thought through. Friede said the DRB would continue to evaluate each
proposed solar array installation on a case by case basis.
The eleventh item on the agenda was Resolution No. 5, Series of 2010, a
resolution amending Section 8.4.2.7 Roofs, LionsHead Redevelopment Master
Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan,
LionsHead Redevelopment Master Plan, in order to amend the guidelines on
solar panels in LionsHead.
Please see Ordinance No. 3, Series of 2010. Rogers moved to approve the
resolution with already approved changes to Ordinance No. 3 with Tjossem
seconding. The motion passed unanimously, 6-0.
The twelfth item on the agenda was Resolution No. 13, Series of 2010, a
resolution amending the LionsHead Redevelopment Master Plan to amend the
recommendations for transportation improvements in LionsHead (generally
located at the LionsHead Parking Structure and the Concert Hall Plaza bus stop).
The applicant, Town of Vail, represented by Braun Associates, proposed to
incorporate site specific recommendations for transit improvements at the
LionsHead parking structure and the Concert Hall Plaza bus stop into the
LionsHead Redevelopment Master Plan through the deletion and addition of text
and figures. The catalyst for the proposed amendments is the result of several
decisions which were made with regard to the development of the North Day Lot
solely with skier drop-off and employee housing. In 2008 and 2009 the Town
participated in an exercise exploring the ability and costs of locating a fully
functioning transit center on the North Day Lot in conjunction with Vail Resorts
employee housing project. After an extensive process it was determined that the
Town's finances were better focused on other opportunities with regard to transit
improvements in LionsHead. The proposed text revisions included amendments
to Chapters 4 and 5 of the LionsHead Redevelopment Master Plan and are
provided in Resolution No. 13, Series of 2010. Foley moved to approve the
resolution with Newbury seconding. The motion passed unanimously, 6-0.
The thirteenth item on the agenda was the Second Reading of Ordinance No. 5,
Series of 2010, An Ordinance Amending Section 6-3C-6(B) of the Vail Town
Code Regarding the Possession, Use and Display of Cannabis.
Town Attorney Matt Mire informed Council that the public display or consumption
of cannabis within the town is of public concern and efficient police regulation of
this crime would preserve the general welfare of the citizens and guest of the
town. During a pause for public comment Michael Cacioppo asked for
clarifications to the proposed change. Foley moved to approve the ordinance
with Rogers seconding. The motion passed 6-0.
The fourteenth item on the agenda was Adjournment.
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Tjossem moved to adjourn with Foley seconding at approximately 9:32 p.m. The
motion passed unanimously, 6-0.
ATTEST:
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relonaldson,
Town Clerk
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Dick Cleveland, Mayor
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