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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. 2 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, 91 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. 4 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 5 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. 0 Tjossem moved to adjourn with Foley seconding at approximately 9:32 p.m. The motion passed unanimously, 6-0. ATTEST: (®A. relonaldson, Town Clerk 7LJ' a4zz Dick Cleveland, Mayor 7