HomeMy WebLinkAbout2010-06-01 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, June 1, 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
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
Hidden Gems Wilderness proposal Susie Kincaide provided and update on the proposed
legislation.
The second item on the agenda was a Vail Youth Recognition Award Presentation.
Vail Valley Exchange board members Scott O'Connell and Kim Newbury announced
the 2010 Youth recognition winners. Those were Riley Ebel of Vail Mountain School
and Valeria Rivero of Battle Mountain High School. Each received a $1,000 college
scholarship. Youth recognition winners were selected based upon academic excellence;
involvement in athletics, civic activities, fine or the performing arts; and how they
exemplify ideals that set standards for other students in all facets of their lives.
The third item on the agenda was the Town Manager's Report.
a. Revenue Update
Finance Director Judy Camp announced that upon receipt of all sales tax returns
for the month of April, collections for the month are expected to be $1,150,981,
down 5.4% from budget and 6.8% from last year. This follows a favorable
March, which staff believes was influenced by guests in town the last week in
March for the Easter holiday on April 4th. Combined results for the two months
are $3.8 million in collections and compare favorably with both budget (up 3.9%)
and last year (up 2.3%). Year-to-date sales tax collections are expected to be up
1.7% from budget and flat with last year. Inflation as measured by the consumer
price index was up 2.2% in April compared with April 2009. Lift tax collections
through April of $2,570,856 are up 5.8% from last year. Ski season lift tax
revenue is $3,160,255, up 2.4% from last season. The 2010 annual budget
totals $3,115,000, an increase of 2.2% over full -year 2009. Parking revenue of
$3.5 million for the first four months of the 2010, is down slightly from the some
period in 2009. Ski season revenue of $4.9 million is down 7 % from the
2008/2009 season. 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 May 26 totals $235,786
including $125,900 from major redevelopment projects compared with $170,120
from major projects at this time last year. Revenue from non -major projects is up
16% 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 $76,000
higher than expected for the first five months of the year. Use tax collections as
of May 26, 2010, total $442,108 compared with $100,604 at this time last year
and $114,000 budgeted. Major redevelopment projects including First Chair,
Lodge Tower, and Ramshorn contributed $265,409 or 60% 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 88% of the full -year budget of
$500,000. RETT collections through May 26, 2010 total $2,068,142, compared
with $1,414,000 budgeted and $854,465 at this time last year. Approximately
$920,277 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
$1,147,863 compared with $469,296 through May of 2009. The full -year budget
for RETT is $4,283,000 and we have collected almost half the budget through the
end of May. Across all funds and revenue accounts through April 30, 2010, total
revenue of $21.9 million is up 6.9% year-to-date from this time last year and up
4.7% from the budget.
b. Construction Update
The fourth item on the agenda was the Consent Agenda.
a. Approval of 05.04.10 & 05.18.10 Town Council Minutes
Foley moved to approve the consent agenda with a minor amendment suggested by
Donovan with Tjossem seconding. The motion passed unanimously, 6-0. Daly
abstained as he did not attend one of the meetings.
The fifth item on the agenda presented the 2009 audited financial statement
Michael Jenkins of McMahan and Associates, LLC announced that in accordance with
section 9.11 of the Vail Town Charter, an independent audit shall be made of all town
accounts at least annually. The audit is to be conducted by certified public accountants
and copies made available for public inspection at the municipal building. "Financial
results positions are positive for the Town of Vail, Vail Local Marketing District (VLMD),
Timber Ridge and Vail Reinvestment Authority (VRA)... 2009 was a challenging year
although the town weathered it well." The town received a clean, qualified opinion with
no limiting comments.
The sixth item on the agenda was the Results of the 2010 Town of Vail Community
Survey.
RRC Associates representative Chris Cares and Public Information Officer Suzanne
Silverthorn reported that during the spring of 2010 the Town of Vail conducted a
community survey similar to efforts conducted in the past. It consisted of questionnaires
completed by full- and part-time town residents, property owners and business owners to
evaluate opinions on a variety of issues. Using survey techniques that permit
comparisons to past research, the town employed a combination of Web and mail -based
surveys to gather opinions from the community. The purpose of the surveys was to
evaluate respondents' level of satisfaction with respect to a full range of services and to
gather opinions on selected issues currently facing the town. Similar questions have
been posed to Vail part-time and year-round residents on a periodic basis since 1987.
The 2010 survey was designed to permit comparisons to past results, as well as to
provide new insights on a variety of topics of current interest. It was reported that the
overall tenor of the results was very positive and they are posted on the town's web site.
There was over 100 pages of extensive open-ended comments. Rogers expressed
concern over a drop in parking structure cleanliness and booth attendant courtesy.
Donovan noted the public comments were very insightful. During a pause for public
comment, Vail Homeowner's representative Jim Lamont said he believed the internet
based survey was more user friendly to the community. "One of the problems with this
survey process is it reaches such a narrow band of the community... The next time we
do this we should try to weave in guest response."
The seventh item on the agenda was Strategy for addressing Town of Vail parking
deficit.
Public Works Director Greg Hall asked Council to review the material presented and
provide direction on the recommended strategy and next steps to address additional
parking in Vail. Overflow parking has always occurred in Vail; however, the last ten years
this overflow parking has been at levels above the town's goal of 15 days per ski season.
The Town Council has adopted priorities to address the parking problem as well as
enhance the guest experience. The town staff has provided over the last year, locations
of all public spaces (supply) and the use of these spaces (demand). Various parking
solutions have been presented that included both structured parking as well as surface
parking at Ford Park, plus additions to the LionsHead Parking Structure, and
improvements to both the north and south Frontage Roads. Staff analyzed the various
parking solutions and determined a recommended solution and next steps necessary to
proceed in providing a parking solution. Hall explained the recommendation would be to
incrementally add surface parking at Ford Park and the adjacent Frontage Road and
make improvements to the North Frontage Road in West Vail and adjacent to Middle
Creek. This recommendation comes with some challenges, and to further refine the
solution, a set of next steps have been outlined to proceed forward. The town currently
manages over 4,000 parking spaces. There are around 600 private spaces. He then
explained that Frontage Road parking occurred 21 time this past winter. "When people
are parked on the Frontage Road, the town feels full and that begins to impact guest
experience." Rogers and Tjossem asked if the Vail Village structure could be expanded.
Hall explained there were many functional issues that would prevent expansion.
Donovan said she did not care for Frontage Road parking as it did not provide a world
class experience. Foley said he believed 2009-2010 was a "transition" year as the town
provided better utilization of existing spaces which impacted demand for structure
parking. Cleveland also said the town was doing a better job of managing existing
spaces. Newbury asked why estimates to build new parking spaces varied so widely.
Hall said it was primarily due to the amount of improvements that would be required to
accommodate parking. Newbury then said Vail Resorts should partner with the town in
trying to solve the skier parking issue. Town Manager Stan Zemler said he would like
the Council Members to meet with the Colorado Department of Transportation (CDOT)
in regard to Frontage Road parking so they could have a better feel of the state's stance
on the issue. "Council needs to hear the message that is being sent to staff." Cleveland
emphasized the town must maintain a free component of parking within the town.
Zemler said he would return with refined recommendations.
The eighth 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 Eaton Plaza a Part of Lot C, Block 5C, Vail Village Filing 1, generally located
adjacent to the Hong Kong Cafe Building at 250 Gore Creek Drive.
The applicant, TJ Brink (Four Seasons representative) requested permission to proceed
through the development review process with a proposal to construct a new entry stair
and ramp on the south side of the Hong Kong Cafe Building. The proposed ramp will
create a more accessible entrance to the building at the plaza level to facilitate the
operation of the Four Season's ski concierge service approved in this location by the
Town Council on July 21, 2009. The applicant cannot proceed with a development
application without first obtaining the Town Council's authorization for the proposed
construction on the town owned parcel. Daly noted the town must use caution when
approving improvements to town owned property. Rogersexpressed concern the
ramping would not be ADA compliant and it would remove open space. Cleveland said
the project had no positive impacts to the town. "I think it would create a dangerous
condition." Brink said the current stairs are in a horrible condition. "We are trying to
figure out how to get the guest service to function the way it should." The request died
for lack of a motion.
The ninth item on the agenda is the Memorandum discussing the Town of Vail Council's
options concerning regulation of medical marijuana centers, infused product
manufacturers and optional premises cultivation operations.
Community Development Director George Ruther asked Council to provide direction on
how to proceed with the regulation of Medical Marijuana Dispensaries (MMD), Infused
Product Manufacturers and Optional Premises Cultivation Operations. In November
2000, Coloradans passed Amendment 20, legalizing the use of medical marijuana. As a
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result, Medical Marijuana Dispensaries MMDs are currently operating statewide in many
municipalities. Until recently, the State had deferred to local jurisdictions the authority to
regulate MMDs, typically through business licensing, nuisance and zoning regulations.
On January 19, 2010, Council imposed a temporary moratorium of one hundred eighty
(180) days on the processing of any application for an MMD within the Town of Vail. This
moratorium expires on July 18, 2010. Now, with House Bill 10-1284 likely becoming
state law very soon, local jurisdictions will be permitted to either regulate or simply
prohibit MMDs, Infused Product Manufacturers and Optional Premises Cultivation
Operations. Rogers spoke in support allowing MMDs as she had witnessed an upscale
MMD in the Cherry Creek area. "It can be done tastefully." Foley moved to direct staff
to pursue prohibiting MMD's with Daly seconding. The motion passed 6-1, with Rogers
opposed.
The tenth item on the agenda was a Discussion/recommendation for approval of
Guaranteed Maximum Price (GMP) based on 100% Construction Documents for the
West Vail Fire Station.
Adam Williams - ARC Integrated Program Management and Fire Chief Mark Miller
asked for approval to award the construction contract for the West Vail Fire station to
Drahota Commercial LLC, at a GMP not to exceed $4,264,280. Council expressed
concern about increased costs related to furniture, fixtures, and equipment in the fire
station. Daly commented, "So you are telling us you can come back in two weeks and
it's not going to impact the project." Miller answered by saying yes. Foley moved to
table the item until June 15 with Daly seconding. The motion passed unanimously, 7-0.
The eleventh item on the agenda was Adjournment.
Foley moved to adjourn with Donovan seconding at approximately 10.17 p.m.
The motion passed unanimously, 7-0.
Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldsc
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