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HomeMy WebLinkAbout2011-03-15 Town Council MinutesVail Town Council Meeting Minutes Tuesday, March 15, 2011 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 Andy Daly Kerry Donovan Kevin Foley Kim Newbury Margaret Rogers Susie Tjossem Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Rayla Kundolf, a resident of Vail, handed out documents supporting a cultural center in Vail and wants this project to be part of the discussion on how to use some of the conference center funds. She said part of the Colorado Mountain College campus building near Cascade Village is in foreclosure and she feels the town and community members should step up and purchase the whole building for a cultural center like LoDo, Chelsea, Tribeca, etc. She said the building could be used for the musical arts, theater, education, visiting artists, master classes and community events. Jonathan Levine, owner of Hummers of Vail, said he spoke with the Council at the last meeting. He said he has tried to follow all the rules with regard to limousine staging at the Vail Transportation Center the Vail Police Department implemented. He said his vehicles are too big for the area designated as drop off and pick up zones. He wants to have the Council reconsider this whole process. Levine said he is not breaking any rules, and has prearranged rides. However, he doesn't want the current rules to stay, and wants at a minimum, signage. He said in today's world, when people Google the word "taxi", they get folks like him, "limousines". He said he has talked to an attorney and will be going up to the Vail Transportation Center and be accessing the transportation as he used to. He wants a meeting to figure out a new way of doing business and servicing the guests of Vail. The second item on the agenda was the recognition of Howard & Cathy Stone, of the Vail Jazz Foundation. Andy Daly read a proclamation into the record honoring Howard and Cathy Stone. Mayor Dick Cleveland presented the Proclamation honoring Cathy and Howard Stone on behalf of the Council and community. The Stone's have over 18 years of commitment and service to the cultural life of Vail. Combining their love of music and Vail, Cathy and Howard have dedicated themselves to supporting classical and jazz performances and youth educational activities. Cathy, as a member of the Board of Directors of Bravo! Vail Valley Music Festival and The Vail Jazz Foundation, and Howard, as the Founder, Board Chairman and President of The Town Council Meeting Minutes of March 15, 2011 Page 1 Vail Jazz Foundation, have worked to expand opportunities for Vail residents and visitors to experience classical music and jazz. Through their leadership of these organizations, they have inspired countless others to join them in enriching life within the Town of Vail. Howard thanked the Council and community and said there is a pictorial book that just came out on the Vail Jazz Festival and said Vail is known for great Jazz around the world. The third item on the agenda was the Colorado Judicial Branch (CJB) presentation to Vail for hosting the 2010 Conference of Chief Judges and Conference of State Court Administrators (CCJ/COSCA) conference. Mindy Masias, a representative of the Colorado Supreme Court Judicial Branch, stated they wanted to thank and acknowledge the help of town staff members who helped make the conference a success. The conference began the process for this conference two years ago. She said in 2010, the Town of Vail hosted the Conference of Chief Judges and Conference of State Court Administrators (CCJ/COSCA). This annual meeting hosts the Chief Justices and State Court Administrators from all 50 US state and US territories. The Town of Vail also played host to dignitaries such as Retired Justice of the United States Supreme Court Sandra Day O'Connor, Senator Mark Udall of Colorado to name a few. The Town of Vail was instrumental in hosting this event with a number of employees going above and beyond to make the event a huge success. The State of Colorado Judicial Branch wants to thank the Town of Vail and its employees for the tremendous amount of support and assistance they provided to the 2010 CCJ/COSCA conference. Many guests have commented that the 2010 conference was a tremendous success and raised the bar of excellence for such conferences. The Town of Vail and its employees were instrumental in making the conference happen and be a success. Mindy and her staff were responsible for the security and recreational activities of the conference. Eric Brown, said Pam Brandmeyer was instrumental in the success of the conference, as well as Chad Young, Tom Kassmel, Lorelei Donaldson, Dwight Henninger, Tom Gaylord, Hannah Irwin and the staff at the Vail transportation department and Vail emergency services, as well as the sheriff's department and state patrol and all the others that played a part behind the scenes. Brown said Colorado only gets this conference once every 50 years. Masias presented a plaque to the Town of Vail and expressed gratitude for such a successful event. The fourth item on the agenda was the Town Manager Report. There was none to report. The fifth item on the agenda was an introduction to the proposed Ever Vail project and a review of the development review process. Lionshead Redevelopment Master Plan (Resolution No. 6, Series of 2011): A request for a recommendation to the Vail Town Council for an amendment to the Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to amend the detailed plan recommendations for West Lionshead (Ever Vail), and setting forth details in regard thereto. Cleveland explained that this process started in work session and now continues into this evening for the public hearings for Ever Vail. Warren Campbell, stated binders will be handed out at the end of the meeting on the overall project. Alex Iskadarian, with Vail Resorts Inc. (VRI), reviewed the project with the Council and community. He said the Lionshead Redevelopment Master Plan was adopted in 1998. The Ever Vail project represents a continuation of forward thinking and Ever Vail is about the future. He said in the resort business, you are growing or stagnating, moving forward or moving Town Council Meeting Minutes of March 15, 2011 Page 2 backward, having new ideas, services, reinventing ourselves, making new innovations, and focusing on customer service. He stated innovations are moving fast these days. Ten or 15 years ago, Vail was the premier mountain community and today it still is and it takes strategic planning and innovating to keep this momentum going. Ever Vail is part of that movement and VRI is greatly improving this area. He also stated the Planning and Environmental Commission (PEC) and staff is recommending approval and during the past two years of process, it has made the plan better. He also said this has been a collaborative process and wants it to continue to be so. VRI has kept Vail on top of the industry and that isn't easy Dominic Mauriello, presented a video of the beginning, evolution and vision of Vail. He said the Ever Vail project is part of that visioning. He reviewed the current proposal for Ever Vail. He said the east side is proposed to be the commercial area, with a grocery, live music venue, and retail shops and will be used to connect the project to Lionshead. The central plaza will have a hotel, gondola, a plaza with skier services, a transit center and skier drop off. The creek side area will have the Red Sandstone Creek corridor in it and enhanced and restore the creek area, have a new pedestrian and bicycle bridge over Gore Creek, relocate DEVO to this site, have youth services and a climbing wall. The west side is the residential zone, with quiet pedestrian ways, terrace gardens, and the bulk of employee housing. Mauriello said there are 314 commercial parking spaces, 457 private residential parking spaces and 400 skier parking obligatory spaces; 283 replacement employee parking obligatory spaces; total required and obligation is 1455. He discussed all the various aspects of the parking spaces, the skier drop-off area, transit center, spaces for buses and short term parking He said the parking figures come from the Master Plan and the direction in the master plan calls them an obligation. Rogers asked if this project would be built in two phases. Mauriello said the east side would be built first and then the west side with a myriad of sub -phases. Rogers then asked if the majority of employee housing is in Phase 2, where will the employees be housed for the first phase. Mauriello said 50 % would be on -site and 50% off -site. He stated the project is designed to meet the requirements for each phase. He said on the east side is the W3 building, which is employee housing. Daly said one of the concerns is creating something that has vitality. What is different here from Lionshead. Mauriello stated with advanced planning, the project wouldn't be started until the market requires it. Further discussion on various aspects of the project ensued. Eric Perkins, asked about where the storm drainage will go, if there is a potential problem with digging down for the parking structure between two creeks and if there be a drainage problem. Mauriello said nothing goes into the river without treatment Greg Moffet said he had three items to discuss; 1) When the master plan is revised, he wants to have community members on the committee, 2) insist on employee housing and community benefits and profitability, and 3) Developer Improvement Agreements need to be included whether there is profitability or not. He also suggested they require buildings to narrow as they rise (like a wedding cake) to get more light and air into lower levels of the project. Georgina Burton, asked about a possible pathway under the four -lane highway. She sad that putting in the pathway doesn't seem to be unreasonable request or an unreasonable amount of Town Council Meeting Minutes of March 15, 2011 Page 3 money and to give more thought to this idea and put it in place before a death occurs. Jim Lamont, with the Vail Home Owners Association (VHOA), said this project has been in the town process for years. He said it was the Council's responsibility to help make this project as successful as it can be by correcting any errors in the master plan. He also said the Eagle River Water and Sanitation District (ERWSD) needs to participate in the master plan process and be obligated to bring their site up to the same excellence as Ever Vail. He said if this doesn't occur, this site will be blight on the community and Ever Vail. He suggested a Founder's Garage type approach to get them underground and use the top as a park could be a possibility and should be part of the overall Master Plan. He said the community has a reasonable expectation of having the most successful project which includes the ERWSD site. Ruther asked the Council to continue the public hearing on the request for the Major Amendment, Ordinance No. 7, 8, and 9, Series of 2011, and Resolution No. 6, Series of 2011 to the April 5, 2011 public hearing. Daly made a motion to continue Ordinance Nos. 7, 8 and 9, Series of 2011 and Resolution No. 6, Series of 2011 to the April 5, 2011 Council evening meeting; the motion was seconded by Rogers. A vote was taken and the motion passed unanimously, 7-0. The sixth item on the agenda was second reading of Ordinance No. 6, Series of 2011, an Ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund, and Heavy Equipment Fund of the 2011 Budget for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein; and setting forth details in regard thereto. This item also included a response from the Vail Valley Foundation regarding a funding request for the 2015 Alpine Ski World Championships. Kathleen Halloran, Budget Manager stated the ordinance was revised per the changes made by Council at the last meeting. In addition, another discussion on the 2015 Championships was held. Daly said he has more questions on the supplemental budget but he will hold them until after the 2015 Championship presentation. Ceil Folz, President of the Vail Valley Foundation (VVF) said one of the benefits of having this discussion is having it with a community that wants the races instead of having a discussion with a community that asks why we are having the races. She said the question at the last meeting was what benefit Vail is getting for the $1.25 million donation to the 2015 Championships. She said Vail would be named first on the Vail/ Beaver Creek 2015 Championships, bumper television spots, have two screen stadiums, have between 5,000- 10,000 people attend the opening ceremonies at Golden Peak, host 10 awards ceremonies in a medals plaza with fireworks, laser shows, etc. possibly at Solaris. Vail will also have two qualifying races at Golden Peak. Too many racers for men's slalom and men's GS, only the top 50 people qualifying will go on to race in the mail races. So with approximately 130 racers and those races become their world championships, so this will be important to them. There will also be street parties like the final street beat concert -type parties, have "public picks" which brings ski racers out to pick their starting place for next day race; have one screen stadium and possibly a second screen in Arrabelle Square. There will also be many evening festival events, which may include snowboarding and free styling events and winter sports celebrations at Golden Peak. In addition, TV bumper spots, with host broadcasters with a selection of different shots and stories to tell and providing these to all TV syndicates, for free, to tie into their shows. Town Council Meeting Minutes of March 15, 2011 Page 4 The closing party, on the final day the closing ceremony, which is about protocol, includes exchanging flags with the country that will have the next championships, and have a final celebration by having a community party with volunteers, guests and community members to send off world championships. Folz said there are hard core benefits and marketing benefits with enormous marketing messages. They did the math and it maps out to a conservative estimate of $3.5 million marketing benefits throughout the valley, with 2.5 billion marketing impressions via social media and television, so the Town of Vail's $1.25 million contribution would be 2.5% of the overall budget of the 2015 Championships. She also said the marketing standards equals to $630 million and nearly 1 billion viewers. Our valley doesn't have anything like this and eclipses all marketing in the past for any events ever held. So there are significant benefits. Folz said to have Vail host the women's slalom and giant slalom is cost prohibitive, and a difficult venue. Folz stated there is a good possibility for Vail to host a Nations Team event, which is one of the eleven events that make up the championships. She said the FIS changed the format on the way this event is run and it was originally scheduled to be in Beaver Creek. However, now with the changes, it could be held in Vail. It was one of the most popular events in Garmisch. The dual format, where the racers race against each other at the same time, instead of the clock is very popular with Americans. The star athletes of skiing are part of this event. Originally, Golden Peak was deemed too easy because of the terrain when it was a timed event. Now that it's racer against racer, it meets the criteria. Over the last 10 days, the FIS has opened the door and said it could be good and terrific for Vail. She said additional hurdles of this event are that TV costs are an additional $1.5 million, and some duplication of services and production may be needed around $300,000. She said race official members from FIS need to say Golden Peak qualifies and will be here in the spring to check it out. Folz said the VVF are very positive that Vail has a very good shot at getting this event. Ron Riley asked besides the creation of bumper spots, how many of the other events will be shot in Vail. Folz said all the awards ceremonies, opening ceremonies, the qualifying races and whatever they choose to shoot. He doesn't want anything to fall through the cracks. He encouraged the VVF to insure there are no potential snags in what is being proposed. Mia Vlaar, a property owner, was here for the 1989 championships, when she first heard the proposal wasn't sure about it but now that she has heard what was presented this evening, it sounds awesome and the cost is more reasonable and does not doubt that it will be Vail/Beaver Creek championships and is in total support of this event. Greg Moffet asked if Eagle County, Avon and Beaver Creek are donating to the championships. Folz said Avon and Beaver Creek are in and they are working on Eagle County and has a concern how this appears to the foreign television audience. Rob Deluca said more meetings may bring more possibilities. He does not want to rush this and it will make a better event. The final appropriation of the $250,000 should be slowed down as people are getting more informed and this will benefit all involved. One possibility is to use the conference center funds to produce something in Vail for racing. He asked the Council to hold the appropriation to see if Vail could meet the short fall. Bill Suarez, owner of Billy's Island Grill and representing the Vail Chamber and Business Association, thanked the VVF to getting back with the community with answers that were requested. He knows some folks are disappointed at not having races, but it came down $6.8 Town Council Meeting Minutes of March 15, 2011 Page 5 million to pull it off and have six month window to pull it off. It may be too late to pull this off but if we do lose it. this last presentation proposal is held to fruition is a great deal. If we can't have the races, it's a tough but this is still a good deal and wants the community to get behind this deal. He said nobody wants to not have participation from Vail. Mike Cacioppo, asked how far east the underground delivery system goes toward chair one. There is no underground delivery system and that tells him there are possibilities to consider. He said the Nations Event should be on Golden Peak. Rogers asked if her understanding is correct that it would take an additional $6.8 million to the $1.25 million to get the women's races here. Folz said this is correct, but the FIS has determined the men's racing can't be done in Vail as the finish corral needs can't be met because it is too steep and there is not enough run out. Donovan said the proposal for the Nations Team event has enormous opportunity and potential. She said the buzz about this event is spectacular and one of the fans favorite as the best racers from each of the countries will participate and this is really a great option. As the marquee event of the championships has great potential. She thanked the VVF to get this race in Vail. Council was supportive and appreciative of the additional information provided from the VVF and they are confident the VVF can make the Nations event happen in Vail. It's a win -win situation for everyone. Rogers said to break this supplemental item down to two discussions: 1) the 2015 Championship donation request of $250,000; and 2) discuss the rest of the supplemental items. Rogers also said the VVF did exactly what she asked them to do to explain what the money will be spent on. She said this is a great deal and will be voting in favor of giving them the money tonight. She stated she was one of the biggest critics and the VVF is very good at what they do. She said she will trust if they didn't feel confident we would get the Nations event they wouldn't have brought it up. Rogers said bringing in one of the medal award races is exactly what the American audience wants. It's an Important race and well worth the cost of $1.5 million additional to get the races here. The VVF have really improved by bringing this event to Vail. Daly echoed thanks for genuine effort and getting positive news of moving forward with the races and raising Vail's stature and keeping our heritage alive. Daly made a motion to approve the $250,000 for the VVF and Rogers seconded the motion; a vote was taken and passed unanimously, 7-0. Daly had questions on the capital projects funds. He wants to delay the expenditures for the variable message signs and way -finding system and to reduce this line item. Hall stated one sign is already ordered and will be installed next week at the Solaris area. There was additional discussion on various line items in the supplemental appropriation. Daly made a motion to approve the Ordinance No. 6, Series of 2011, with the reduction of the electronic signs, and the motion was seconded by Newbury. A vote was taken and the motion passed, 6-1. Foley opposed due to the uneven fund split. The seventh item on the agenda was a presentation of the 2010 year-end investment report. Town Council Meeting Minutes of March 15, 2011 Page 6 Kathleen Halloran, Budget Manager, stated this report, per Section 2-2-8 of the Town Code requires an annual presentation of the town's investment report, which is also provided as a written report for each quarter. This agenda item is a presentation of the town's investment report as of December 31, 2010. Daly asked why larger percentage of funds isn't in Certificate of Deposits. She said they have moved $5 million in new CD's with local banks. Camp said the yield on CD's are no longer as what is on the memorandum. She said the return was not there and they will look at investments with Piper Jaffray and look at the best options of what is allowed. Daly asked for an update in 30 days. Judy Camp said staff will come back with more information. The eighth item on the agenda was a discussion regarding the November 8, 2011 Regular Municipal Election. The Council needed to discuss and decide to either hold an At -the -Polls or Mail Ballot election. Pam Brandmeyer, Assistant Town Manager stated the Council needs to make a decision on whether to hold an At -the -Polls election or a Mail Ballot election for the November 8, 2011 regular election of the Town of Vail. The town's charter states, "Section 2.3 - Municipal Elections: A regular municipal election shall be held on the first Tuesday following the first Monday in November". Due to this provision of the charter, the town does not have an option to have a coordinated election with Eagle County, as the date of the State and County election will be held on the first Tuesday in November, which is November 1, 2011. Other options are to have an at -the -polls election or have a mail ballot election. Cleveland likes going to the polls and Rogers agreed. Donovan made a motion to have an at - the -polls election for the November 8, 2011 election, and the motion was seconded by Newbury. A vote was taken and the motion passed, 7-0. The ninth item on the agenda was a Town of Vail Real Estate Transfer Tax Exemption Appeal for the property known as 600 Vail Drive A-5 and Parking Unit AP-25, Northwoods Condominiums, Vail, CO. 81657. Matt Mire, Town Attorney, stated the applicant has appealed the Town Manager's denial of the Real Estate Transfer Tax (RETT) Exemption Application filed by Bonnie Hughey ("Appellant") concerning property located in the Northwoods Condominiums (the "Property"). On November 18, 2010, Appellant, as Vice President of Pacific Condor and as Manager of Parpolcondor filed an application for a RETT exemption for the September 29, 2010 transfer of the Property (the "Transfer"). The basis for the exemption request is that the Transfer was made to an organization that is owned by the same party that owns the grantor organization and that no funds were exchanged, other than a promissory note by the same party that owns both the grantor and grantee organizations. On December 2, 2010, the Town Manager denied the appellant's exemption application. Appellant has appealed the Town Manager's denial on the grounds that the Transfer was made to an organization which is owned by persons having the same interest as the seller, and that no actual consideration was paid in the Transfer. To qualify for a RETT exemption, an appellant must prove that: (1) the property owners must have the same relative interest in Parpolcondor as they had in the property before the Transfer; and (2) there is no consideration paid in the Transfer. Town Council Meeting Minutes of March 15, 2011 Page 7 Mire said stated for the record, he acknowledged the receipt of documentation received late from the appellant's law office of Daniel Newman, P.A., the appellant's attorney, and the documentation is now part of the record. Cleveland opened the hearing and accepted all documentation, including the supplemental received from the law office of Daniel Newman as part of the record. The applicant has the burden of proving their case that an exemption from the RETT applies. Cleveland noted that there wasn't a representative for the applicant at the meeting. Foley made a motion to uphold the town manager's decision to deny the RETT exemption request, and the motion was seconded by Tjossem. Newbury asked Foley to the amend the motion to deny because the applicant has failed to prove that the transfer qualifies for a real estate transfer tax exemption, for the following reasons: 1)The applicant failed to prove that the transfer was made to an organization that is owned by the persons by whom such transfer was made. The evidence did not establish that Parpolcondor was owned by the same persons who owned Pacific Condor; 2) The applicant failed to prove that the owners of Parpolcondor have the same relative interests in Parpolcondor as they had in the property immediately prior to the transfer and 3)There was consideration paid in this transfer and therefore the transfer is disqualified from a RETT exemption. Specifically, the evidence shows that a $1.2 million mortgage and note were executed by Parpolcondor to Pacific Condor in the transfer. This mortgage is consideration under the Code, because it is a mortgage given to secure the property's purchase price. Foley so moved to amend his motion to include the above and Tjossem seconded the motion. Cleveland then added that the motion should also be amended to include that the Council requests the Town Attorney prepare written findings in this matter, stating the findings of fact and conclusions of law forming the basis for the Council's decision. The Council will review and approve the findings at its next regular meeting, and then a copy of the written findings will be sent by mail to the applicant. Foley amended his motion for the third time to include the amendments Cleveland added and Tjossem seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The tenth item on the agenda was the appointment of three members to the Art in Public Places (AIPP), two members to the Design Review Board (DRB) and three members to the Planning and Environmental Commission (PEC). Pam Brandmeyer, Assistant Town Manager, stated the Council interviewed all interested parties at the work session and the Council needs to appoint three members to the AIPP for three year terms; two members to the DRB for two year terms and three members to the PEC for two year terms at the evening meeting. She also reiterated that Susan Frampton, if reappointed, can serve two of the three year term on the AIPP due to term limits. After the Council voted, Newbury made a motion to appoint Susan Frampton, Kathy Langenwalter, and Cookie Flaum to the AIPP, Rogers seconded the motion. A vote was taken and the motion passed unanimously, 7-0. Town Council Meeting Minutes of March 15, 2011 Page 8 Newbury then made a motion to appoint Tom DuBois and Brian Gillette to the DRB, and Daly seconded the motion. A vote was taken and the motion passed unanimously, 7-0. Newbury made a motion to appoint Michael Kurz, Luke Cartin and Pam Hopkins to the PEC, and Foley seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The eleventh item on the agenda was a construction contract approval for the Frontage Road Shoulder Widening Project Gregg Barrie, Project Manager, discussed the various add/alt phases of the road work with Council. The Frontage Road Shoulder Widening project will provide 6' wide paved shoulders to the Frontage Road from the east end of Ford Park through the East Vail Interchange. The Town received nine qualified bids for the work. The original bid included the work from Ford Park through the Bald Mountain Underpass. However, because the submitted bids were lower than anticipated, staff is recommending that the full length of the project be completed during the summer of 2011. Barrie discussed the top four contracts with Council and said the town has a very qualified low bidder. He stated the town staff has worked with all the top four bidders in the past. Barrie said staff recommends authorizing the Town Manager to enter into a Construction Agreement with Columbine Hills Concrete, Inc. out of Summit County, for the construction of the Frontage Road Shoulder Widening, to provide 6' wide paved shoulder of the road, in an amount not to exceed $1,246,000 to include the widening from the east end of Ford Park through the East Vail Interchange. Barrie said Columbine Hills Concrete is a very qualified bidder and has worked with CDOT in past and the recommendation is based on the low bid and the qualifications of the contractor. Rogers asked if there is any idea why their bid states they can complete the job three weeks sooner than the other contractors. Barrie said extra crews would be the best idea of why they would finish earlier. Leonard Sandoval, Public Works Construction Coordinator, said Columbine Hills Concrete have finished work as stated with the Town on prior projects and they have a good background with other Colorado Department of Transportation (CDOT) projects. Tjossem said she feels strongly about keeping the contract award in the County and local if the difference in the contracts is a 1.6% difference. She said for $12,476 it doesn't seem right to give the contract to an out of county contractor with no penalties attached. Cleveland asked for more information about Icon and what was their business history. He said the town has a very tight schedule and a major international race coming up. Rogers agrees with Tjossem about keeping the contract local. Daly asked if staff confirmed that Columbine will not charge extra. Barrie said that is correct. Daly said there should be a bonus and a penalty clause in the contract. Barrie said there is a $1,000 day penalty in the contract if the project is not substantially complete by August 12, 2011. Cleveland is concerned about finishing the project before August 24, 2011, as the damage cannot be undone if the project is not completed on time. Rogers made a motion to authorize the Town Manager to enter into a Construction Agreement with Columbine Hills Concrete, Inc. for the construction of the Frontage Road Shoulder Town Council Meeting Minutes of March 15, 2011 Page 9 Widening with future parameters needed to include bonuses and penalties. The motion was seconded by Newbury. Further discussion ensued. Jim Lamont, representing the Vail Homeowners Association (VHOA), said he has never had an explanation on why the project is being done. Greg Hall, Public Works Director, said this project has been in process since 1998 and is for improving safety for bicyclists. Lamont said he wants the town to create a rating system that gives preferential treatment to local contractors and asked that the Public Works Department be directed to come up with a proposal for Council to consider. He said it's getting to a point of just getting the lowest price and have an obligation to support local entities. Albert Quintano, said Icon is located in Avon, has been in business for 13 years. He said Icon had 40 employees at their peak and the number of local sub -contractors that will be used for this project is 52. Icon would have twelve employees working on this project and would be using B&B, another local contractor to do the project. He said without Alternates 2, 3 and 4 they could meet the June 26, 2011 deadline. He said CDOT is currently working with them on a project in Grand Junction, Colorado. He said if there is not a penalty there is no reason to have a bonus. Scott with Scott Green Excavating, stated that the bonus topic came up when he and Quintano put the contract together. If April 18th is the start date of the project, they weren't looking at it as a bonus but an accelerated date. He has been in the community for 35 years and in business for 16 years and worked with B&B for 9 years. He said the bottom line is to keep the contract local because it will help other businesses in Eagle County and keep the dollars in the community. He said they have never missed a deadline and has always worked within the project budget. Robert Martinez, with Martinez Trucking in Minturn, said he has worked with Quintano and Green and B&B and this project would be beneficial for his business as it will get a couple of guys off unemployment. Rogers asked what is in the bid of $783,034 from Icon, as she based her motion on $883,000 not $783,034. Barrie said the base bid for Icon $783,034 and the base bid for Columbine Hills is $770,558 and all work has to be done by August 12th. He clarified that the base bid included the road from the East end of Ford Park to the Bald Mountain Underpass. And the base bid with a completion date of August 12th with $1,000 a day penalty past the August 12, 2011 deadline. Rogers withdrew her motion. Tjossem made a motion to award the contract to Icon with the base bid of $783,034 plus Alternate 3 work of $22, 396 for a total of $810,430, and the motion was seconded by Rogers. Further discussion ensued about local preferences and other bid awarding processes. Newbury made a motion to move to executive session per Section 24-6-402(4)(b) for legal advice on the bid process and the motion was seconded by Foley. A vote was taken and the motion passed 7-0. Council went into Executive Session at 10:32 P.M. Council reconvened the regular evening meeting at 10:38 P.M. Town Council Meeting Minutes of March 15, 2011 Page 10 Foley said he is voting against the motion as the preference discussion was not discussed prior to this item discussion. A vote was taken and the motion passed, 4-3, with Cleveland, Newbury and Foley opposed. The twelfth item on the agenda was a request to continue Second reading of Ordinance No. 15, Series of 2010, an ordinance amending Chapter 12-6, Residential Districts, Vail Town Code, to establish the Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. Bill Gibson, Planner, stated the applicant is requesting the Council table the second reading of Ordinance No. 15, Series of 2010, to its May 3, 2011 public hearing. Newbury made a motion to table second reading of Ordinance No. 15, 2010 to the May 3, 2011 evening meeting; the motion was seconded by Daly. A vote was taken and the motion passed, 6-1, Foley opposed as the time has dragged on too long. The thirteenth item on the agenda was a request to table Resolution No. 23, Series of 2010, a resolution amending Chapter VI I, Vail Village Sub -Areas, East Gore Creek Sub -Area (#6) to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. Bill Gibson, Planner, stated the applicant is requesting the Council table Resolution 23, Series of 2010, to coincide with second reading of Ordinance No. 15, 2010 at its May 3, 2011 public hearing. Rogers made a motion to table Resolution No. 23, Series of 2010 to the May 3, 2011 evening meeting; the motion was seconded by Donovan. A vote was taken and the motion passed 6-1 with Foley opposed as the time has gone on too long. The fourteenth item on the agenda was adjournment. Newbury made a motion to adjourn; the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 7-0. The meeting adjourned at 10:43 p.m. Respectfully submitted, SIN OF as 14JJ_' t Dick Clevel ayor SEAL Attest:ease •� o4lei Donaldson, Town Clerk Town Council Meeting Minutes of March 15, 2011 Page 11