HomeMy WebLinkAbout2010-06-15 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, June 15, 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.
Dan Frederick asked Council to remove the deed restriction on his home located
on Basingdale lane.
Local restaurateur Bill Suarez expressed concern that the Commission on
Special Events (CSE) allocated funds to Vail Village on an unequal footing with
LionsHead Village.
The second item on the agenda was the Town Manager's Report.
a. Spring Flooding Update.
Town Engineer Tom Kassmel reported recent stream flows hit the 100 year
volumes. During the event the Town of Vail spent significant amounts of man
hours protecting private and public property. Finance Director Judy Camp
clarified the town maintained slightly over $1 million that is TABOR exempt for
emergency purposes. Tjossem said Town of Vail staff should be highly
commended for their effective response to the flooding emergency.
The third item on the agenda was a presentation of the Ever Vail fiscal and
economic impact analysis report.
Andy Knudtsen and Brian Duffany with EPS asked Council to listen to the
presentation, ask questions, and provide feedback on the contents of the report.
Pursuant to Section 12-71-713, Submittal Items Required, Vail Town Code, and
the scope and potential economic and fiscal impacts of the proposed Ever Vail
development, the Town of Vail commissioned an analysis by EPS to evaluate the
impacts in terms of revenue generation and the costs to provide municipal
services. Duffany commented, "Primary impacts will affect the public works, fire
and police departments." He then made clear that retail development does not
generate sales by itself. Rogers clarified a branded residence is a wholly owned
condominium that has access to front desk services. It is anticipated that 85% of
those residences would be included in the rental pool. The proposed four star
hotel would be anticipated to maintain a 60% occupancy rate. Conservative
estimates assume 75 — 80% of visitor expenditures will be captured within the
town. A ten year build out for the proposal is estimated. Duffany continued,
"The project should be $840,000-$960,000 advantageous to the general
fund... Town staff has indicated there may be increases to police and fire... We do
not see the project as having a negative fiscal impact on the town." It was noted
transit impacts had not yet been completed. Knudtsen commented, "The warmth
of the bed is directly related to the vitality of the community... You want to make
sure collectively that the connectivity of public and private areas are accessed
seamlessly... Investment on the part of the developer will create a 90% set of
new guests... It (the project) will introduce new visitors to the new market." Daly
asked, "What is incremental and what is cannibalization... What we are being
asked to do is approve the most major new project since LionsHead in 1968."
Daly also questioned the redistribution of parking. "How does that impact sales
tax and other revenue sources in other parts of the Village... How much
commercial space can the Town of Vail support." Rogers clarified Vail Resorts
continued to develop an appropriate phasing plan. Cleveland asked if the
development were enough to cover the review costs that would be incurred by
the Community Development department. "It's my recollection that our fees don't
cover our own costs." Town Attorney Matt Mire verified a public service plan has
not been formally reviewed or received. Zemler noted, "It appears your positive
numbers are based on the fact that your service plan covers all the services that
will be provided in that district." Council expressed concern there would not be
ski down access to the project. During a pause for public comment, Vail
Homeowner's Association representative Jim Lamont asked for a working public
session to delve into the financial estimates. Local shop owner Tommy Neyens
said he felt like the project was already on its way to approval. He then
expressed concern that retail cannibalization would occur. Tjossem asked if
visitor patterns showed significant cross Village (i.e. Cascade to Golden Peak)
movement.
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The fourth item on the agenda was a review of the Guaranteed Maximum Price
(GMP) for construction costs for the West Vail Fire Station, including cost
increases and detailed budget information on specific items per request of
Council.
Adam Williams (ARC Program Management) and Fire Chief Mark Miller asked
Council to review detailed budget/return on investment information presented by
the consultant and staff and approve a final Guaranteed Maximum Price (GMP)
for construction for the West Vail Fire Station. The final GMP was presented to
Council on June 1, 2010 with specific changes in scope and associated cost
impacts. Council requested that additional analysis be completed on six of the
items presented to confirm return on investment and why each change would be
good value for the town. Current total budget as of the June 15th, including all
applicable soft costs, contingencies and other anticipated costs was projected at
$5,137,566. Water/sewer tap fees (not included) and water line costs are being
negotiated with Eagle River Water and Sanitation District. Miller noted, "I take
this very seriously and we are scrutinizing every dollar... This is an every day
thing... There has been a ton of due diligence here." William's verified the
difference in bids submitted by local and non -local contractors was at times more
than 20%. Mire clarified the town could negotiate with local sub -contractors.
Daly had questions regarding the roof warranty and subsequent to the meeting
Miller clarified that the roof has a 35 year warranty and the Bylin heat panels
have a 30 year warranty. Cleveland clarified there was a three percent
construction contingency and $80,000 with the contractor. Foley moved to award
the contract with Rogers seconding. Daly said he was not willing to pay a
substantial premium for local contractors. Miller clarified the town received a
grant to hire three firefighters. While discussing the necessity of stainless steel
counter tops, Miller explained they provided for the most hygienic option
possible, and they have a 100 year life expectancy. Other increases (other than
change of scope increases) showed a good return on investment and good long
term value for the Town of Vail. The motion passed 4-3, with Tjossem, Donovan
and Daly opposed, approving the GMP for construction of the station at
$4,225,635.
The fifth item was an appeal, pursuant to Section 12-3-3, Appeals, Vail Town
Code, of the Town of Vail Planning and Environmental Commission's approval,
with a condition, of a request for a conditional use permit, pursuant to Section 12-
6D-3, Conditional Uses, Vail Town Code, to allow for a Bed and Breakfast,
located at 765 Forest Road, Unit A/Lot 8, Block 2, Vail Village Filing 6.
The Town Council shall uphold, uphold with modifications, or overturn the PEC's
April 26, 2010 decision. On April 26, 2010, the Planning and Environmental
Commission approved the Applicant's request for a conditional use permit to
allow for a bed and breakfast at 765 Forest Road by a vote of 5-0-1 (Pierce
recused) with the condition that the permit expire on April 26, 2012
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Planner Bill Gibson reported that on May 14, 2010, the appellants, Cliff and
Bonne Illig represented by Sarah Baker PC, filed an appeal of the PEC's April 26,
2010, decision. Pursuant to Section 12-3-3, Appeals, Vail Town Code, the Town
Council shall hear appeals of the PEC's decisions. Baker commented, "My client
cares about the character of the neighborhood... By its very nature it is changing
the character of what Forest Road has been... We are challenging the
subjective... does this fit the character of the neighborhood... One of the adjoining
land owners was not properly noticed... The parking requirements are unable to
be met... People are going to park wherever there is room... Transient guests will
not understand how to responsibly manage the situation." Adams spoke in
support of the decision and said previous DRB requirements had diminished the
available parking. Rogers moved to uphold the PEC approval with Newbury
seconding. Foley clarified the PEC decision was only a two year approval. The
motion passed unanimously, 7-0.
The sixth item on the agenda was the LionsHead Transit Center Welcome
Center (Auxilary Bldg).
Town Engineer Tom Kassmel reported that in May 2010 the LionsHead Center
Design Team presented the Design Development level plans for Phase I
construction and a preliminary program plan for the LionsHead Transit Welcome
Center. Phase I has moved into the construction document phase and is
scheduled to be bid and start construction this year. Phase II, the Transit
Welcome Center, has been updated to reflect the comments heard at the May
Council session, which includes opportunities to expand guest service functions,
ski lockers, great room, and flexible exhibition space. Council agreed the project
should be a more welcoming place that links the parking structure to LionsHead
Village and Vail Mountain. Zemler said Council should be cautious as the
property has a deed restriction on it held by Vail Resorts. The uses being
contemplated by Council extend beyond the allowed public uses for the property
which are transit and parking. Zemler said the town staff would find out whether
the town needs Vail Resorts approval to move forward with the project.
The seventh item on the agenda was Resolution No. 15, Series of 2010 a
Resolution Approving an Intergovernmental Agreement between the Town of Vail
and Eagle County Regarding the Use of Eagle County's 800 MHz Area Wide
SmartzoneTrunked Radio Services.
Police Chief Dwight Henninger announced Eagle County has installed and
maintained an 800 MHz radio system and is offering non-exclusive access of the
radio system. The system will allow multi -jurisdictional agencies exclusively to
communicate directly with public safety organizations, including but not limited to
police activity, code enforcement, fire and emergency and disaster response.
This Intergovernmental Agreement formalizes the existing process and gives
authorization for a newly formed executive committee to make budget
recommendations to the Board of County Commissioners. Newbury moved to
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approve the resolution with Daly seconding. The motion passed 6-1, with Foley
opposed.
The eighth item on the agenda was Resolution No. 18, Series of 2010, A
Resolution Approving an Intergovernmental Agreement between the Town of Vail
and Eagle River Water and Sanitation District (ERWSD) Regarding the 2010 Mill
Creek Circle Utility Improvements.
Town Engineer Tom Kassmel reported the town and ERWSD have budgeted for
a joint reconstruction project along Mill Creek Circle. The project was publicly bid
and five bids were received, ranging between $1.13 and $1.30 million. Ewing
Trucking and Construction was the lowest responsible bid at $1.13 million.
ERWSD will be administering and entering into a contract with Ewing to complete
the project. The town will reimburse ERWSD for the town's portions as delineated
in the IGA. The project has $1.1 million budgeted, of which staff expects to need
$300,000 to complete the town's portion of the work, thus providing significant
savings due to cost sharing and taking advantage of excellent construction
pricing. Newbury moved to approve the resolution with Tjossem seconding. The
motion passed unanimously, 7-0.
The ninth item on the agenda was Adjournment.
Newbury moved to adjourn the meeting at approximately 9:35 p.m. with Foley
seconding. The motion passed unanimously, 7-0.
Dick Cleveland, Mayor
ATTEST:
CL/Oreleiiii onaldson, Town Clerk
SIR,"