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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. 2 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 3 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 4 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,"