HomeMy WebLinkAbout2011-07-05 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, July 5, 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
Margaret Rogers
Kevin Foley
Members Absent: Kim Newbury
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. John Giovando, Executive
Director of Bravo! Vail Valley Music Festival (Bravo!), thanked the Council and
community for all the support of Bravo! Ann -Marie McDermott, Artistic Director of
Bravo!, also thanked everyone for their support and reviewed the events of the
upcoming season. Chris Cremer, with Ski Haus Bridge Street, wanted the Council to
consider allowing four -wheeled bike carts in the town of Vail.
Martha Mellon, a representative of the Colorado Department of Transportation (CDOT),
addressed the Council regarding the delays on I-70 and Vail Pass. She said CDOT is
working during the daytime because of the lynx habitat issue. She said CDOT is aware
this is causing major traffic delays. She stated there were two areas where CDOT is
working on the road. They had linked both areas together and the long lane closures
are difficult to manage. CDOT will be separating the two areas and go back to short
lane closures in each area. Cleveland said he heard at different times, there was three
miles of traffic backed up on the interstate.
Nick Pols, a representative of American Civil Constructors (ACQ said when they
consolidated to shorter one lane closures, it allowed traffic to go through better. ACC
will monitor the traffic hourly. The delays are within a three-mile stretch of I-70 on Vail
Pass. Cleveland said variable message signs (VMS) need to be in place to help the
public know what is happening. He also stated the Cotrip.org website was currently not
Vail Town Council Meeting Minutes of July 5, 2011 Page 1
posting these delays or any other traffic issues and requested they get this information
on the website.
Jodi Randall, with ACC, stated in September there will be full closures eastbound from
one to two hours for paving. Then the westbound lanes of I-70 and Vail Pass work will
also begin through September. ACC will be juggling work on both sides of the highway
at the same time. ACC will do its best to work the traffic pattern as they see it on a
daily basis. She said there is a new VMS sign on the westbound lane. ACC will require
a full closure of the pass westbound at night. Their contract doesn't allow them to work
past noon on Fridays.
Jim Lamont, representing the Vail Homeowners Association, said if the delays continue
to be this long, the business community will be very upset.
Foley stated the Council sends their condolences to the Elliott family.
The second item on the agenda was the recognition of Nancy Ricci, Eagle County
School District.
Cleveland said Ricci is a wonderful role model for the community. Foley read the
proclamation recognizing Nancy Ricci into the record. Cleveland thanked her for all her
leadership and efforts in the Vail community. Ricci thanked the Council for the
recognition and the opportunity to serve the community, families and Council members
that have gone through the doors of Red Sandstone Elementary School. She said she is
honored to have served this community.
The third item on the agenda was the consent agenda.
Daly made a motion to approve the consent agenda which included the June 7, 2011,
and June 21, 2011, meeting minutes with minor corrections. The motion was seconded
by Foley. A vote was taken and the motion was approved unanimously, 5-0.
The fourth item on the agenda was the Town Manager's Report,
Kathleen Halloran, Budget Manager, reviewed the Revenue Highlights with the Council.
She stated upon receipt of all sales tax returns, May collections are estimated to be
$471,581 up 11.8% from last year and 0.7% down from budget. Year to date collections
of $10.4 million are up 10.4% from prior year and up 11.7% from budget. Inflation as
measured by the consumer price index was up 3.6% in May. She said use tax
collections as of June 28, 2011, total $304,996 compared with $574,843 at this time last
year, down 46%. The annual budget of $500,000 projected a decrease of 55%. She
stated the Real Estate Transfer Tax (RETT) collections through June 28 total
$2,320,557, down 22% from this time last year. Annual budgeted revenue of $4.7
million is a 32% decrease from 2010 collections. Approximately $1,041,280 or 44% is
Vail Town Council Meeting Minutes of July 5, 2011 page 2
from major redevelopment projects including Arrabelle, Four Seasons, Landmark,
Manor Vail, Mountain View, Ritz Carlton Residences, Solaris and The Sebastian.
Collections not related to major redevelopment projects currently total $1,279,277, down
10.7% from this time last year.
Dwight Henninger, Vail Police Chief, gave an update on the activities of the 4th of July
special event. He said there were four arrests; two alcohol related and two assaults
which happened after the fireworks on Sunday. Some of the bar owners said they
missed having the special event curfew in place as it helped them deal with the large
number of people coming into their businesses. He said he feels the event was
successful but cautioned the Council to allow this ordinance and view the events on a
case -by -case basis based on what days the holidays fall on the calendar (i.e., a Friday
or Saturday holiday would be more of a concern). He said the typical holiday issues
and arrests were less than in previous years due to the 4th being on a Monday.
The fifth item on the agenda was first reading of Ordinance No. 14, Series of 2011, an
ordinance making supplemental appropriations to the Town of Vail General Fund,
Capital Projects Fund, Real Estate Transfer Tax Fund (RETT), and Marketing 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.
Kathleen Halloran, Budget Manager, said the budget expenditures will be adjusted with
a $7.2 million increase across all funds and the majority is due to the continuation of
capital projects. She said this ordinance would have to pass by a super majority.
Council had clarification questions on various parts of the supplemental appropriations.
Cleveland and Donovan expressed concerns that the adjacent parcel to Timber Ridge
was being paid for out of RETT funds because there will be some mitigation done on
the property for the Timber Ridge project. Foley wanted to have a discussion on what
projects RETT funds can be used for at a future meeting. Zemler asked for a show of
hands for those who wanted to have another discussion on RETT. All Council members
except Rogers raised their hands. Ruther said the parcel immediately adjacent to
Timber Ridge is designated open space. RETT has been used to purchase many parcels
within town to mitigate hazard zones which are also designated open space.
Daly said there are three requests for off -cycle contributions for events. Halloran said
the Bravo! Vail Valley Music Festival (Bravo!) requested $25,000 for three additional
concerts. Staff did not recommend funding it due to it not being an unforeseen event
or circumstance. Cleveland said this request does not meet the off cycle funding and
should have been part of their planning process. Daly agreed with Cleveland and
stated these producers made conscious decisions hoping the Council would come up
with more funding out of the regular cycle. Rogers said she disagreed and said the off -
cycle funding requests were for opportunities that came up. Donovan said the funding
should be an exceptional request. Neither the Bravo! or the Vail Symposium off -cycle
Vail Town Council Meeting Minutes of July 5, 2011 Page 3
contribution request was supported by a majority of the Council. Foley said he agreed
with Cleveland, Daly and Donovan and said the requests did no fit the off -cycle criteria.
Rogers said the Vail Symposium funding should be funded out of the Vail Local
Marketing District fund.
Kathleen Halloran stated the Eagle River Watershed Council (ERWC), is asking for
$3,500 for an intern for ten weeks. Melissa McDonald, executive director of the ERWC,
stated the Water Quality Improvement Program is a $148,000 program. The ERWC
was assigned public outreach. Rachel Rogers, a Vista volunteer/intern was hired, will
be contacting the East Vail residents and find out how the land is being used by
residents adjacent to Gore Creek. They will be asking what type of chemicals are being
used, how the residents have kept or not kept the willows along the creek and what
really is going on that affects Gore Creek. There is also someone who will be kayaking
down Gore Creek and filming the area. She said the Eagle River Water and Sanitation
District, Eagle County, the ERWC are participating and they also have a $50,000 grant
from the State of Colorado.
Daly asked how much Vail has contributed. Brandmeyer stated $50,000 was the annual
contribution. Halloran stated an additional $20,000 was part of the first supplemental.
Zemler said the town had previously told the ERWC if they needed additional funding,
they needed to come back to Council. Now they are asking for additional funds for the
intern. Rogers is concerned this ongoing project and enforcement of the stream tract
program will be conflicting. She doesn't want the ERWC person giving out contrary
information from the stream tract program the town is in the process of completing.
Ruther reiterated these are two different and distinct projects. McDonald stated by
taking action now and gathering information, this program will help keep Gore Creek
from a "303d impaired" list and being downgraded from the Gold Medal status it has
now. Ruther stated the $3,500 will allow the use of the intern for both the ERWC and
the Town of Vail and will have action items and action steps to come up with best
management practices for people adjacent to the creek.
Daly had an objection to the results of the energy audit and stated there are a number
of projects he objects to. The town is pursuing projects to improve the town's image as
an environmentally sensitive community. Some projects are worth pursuing but some
are not.
The Vail Symposium funds were supported by staff. Cleveland asked why the VLMD
isn't funding this request. He said this type of event is what the VLMD should be
funding. Zemler said the VLMD has funding reserves for this project but they don't
have a process for this. Rogers said she is in favor that the VLMD should fund the Vail
Symposium and reimburse the general fund.
Vail Town Council Meeting Minutes of July 5, 2011 Page 4
Rogers made a motion to approve Ordinance No. 14, Series of 2011, upon first reading
with changes; 1) delete the additional funding for Bravo!; 2) amend the supplemental
to state the VLMD will reimburse the general fund for the $8,500 for the Race Across
the Sky and the health and wellness program for the Vail Symposium; and a clarification
that $3,500 for the ERWC was still included in the supplemental. Foley seconded the
motion.
Daly asked the motion be amended as the percentages be 50/50 split so a super
majority is not needed. Halloran said they could take that off and bring it back at
second reading. Typically, sixty one percent goes to general fund and the rest to
capital projects. Matt Mire, town attorney, said they could leave it out entirely and
address this at second reading when the whole Council is in attendance.
Halloran said everything would stay the same except the change to remove the revenue
change until second reading.
Rogers amended her motion to approve Ordinance No. 14, 2011 with the original
modifications and dropping the revenue change until second reading; and Foley
seconded the motion. A vote was taken, and the motion passed, 4-1. Daly opposed.
The sixth item on the agenda was first reading of Ordinance No. 15, Series of 2011, an
ordinance amending Title 6, Chapter 5 "Special Event Designations", of the Vail Town
Code; and setting forth details in regard thereto.
Matt Mire, Town Attorney, stated in June of 2001, the Council approved Ordinance 12,
Series 2001, which provides for both a curfew and a special event district for July 4 and
December 31 of each year for the purpose of "maintaining public peace and order
during these two holiday celebrations. On June 21, 2011, the Council provided clear
administrative direction to the town manager that the curfew and the special event
district were not necessary for the town's 2011 Fourth of July celebration and,
therefore, were not to be established or enforced. By this ordinance, the Council desires
to ratify the administrative direction given to the Town Manager as it pertains to the
town's July 4, 2011, celebration, and to provide certain clarifying amendments to the
town code as they relate to special event designations. The ordinance memorializes
and amends the code to allow Council to have discretion on this issue on a case -by -
case basis.
Dwight Henniger, Vail Police Chief, said he wanted the Council to pass the ordinance so
they could monitor these events each year so they don't go back to what these events
looked like in the past.
Daly made a motion to approve Ordinance No. 15, Series of 2011, on first reading and
the motion was seconded by Foley. A vote was taken and the motion passed, 5-0.
Vail Town Council Meeting Minutes of July 5, 2011 Page 51
The seventh item on the agenda was a work session regarding Ever Vail and focused
on addressing several questions raised at the June 21, 2011, public hearing which
focused on responding to questions from the previous meeting regarding the provision
of meeting space, employee housing, hot beds and office space within the proposed
Ever Vail development.
Additionally, the applicant gave a presentation on the proposed Master Plan
amendments regarding height, setbacks and landscape area. Staff provided feedback to
Council questions to the applicant's presentation at the June 21, 2011, public hearing.
The memorandum attached to the agenda intended further understanding of the
elements of the Ever Vail development which are included in the proposed Resolution
No. 6, Series of 2011, amendments.
Warren Campbell, Community Development Chief Planner, said the questions asked by
Council at the June 21st meeting were responded to on the memorandum attached to
the agenda, dated July 5, 2011. Daly stated he had been especially interested in the
occupancy differences at Arrabelle and he was disappointed this information was not
provided to Council by Jonathan Brownlee from the Arrabelle, as it had been requested
since March 2011. Rogers said she also wanted to get the numbers from Arrabelle and
wants to see if it's working at Arrabelle. Cleveland also agreed with Daly and Rogers.
Dominic Mauriello, Mauriello Consulting Group and the applicant's representative, stated
they couldn't get the information from Arrabelle.
Daly said in the applicant's memorandum regarding office space, 34,000 square feet of
office space is included. He wanted to know how much VRI was taking and how much
was left for other third party businesses in Vail to utilize. Rogers said there would be
no problem filling the office space with viable businesses. She had some concerns
about a sole operation of an Ever Vail gondola running in the summer. She said she
preferred this issue be addressed under the conditional use permit or through the
Developer Improvement Agreement (DIA) process. Cleveland said he would like this to
be addressed in the DIA.
Mauriello, the Vail Resorts Development Company representative went through the
power point presentation, which was attached to the agenda, on the height, setbacks
and landscape areas of Ever Vail.
Foley asked about the height restrictions and the building stepping back from the creek.
Cleveland said when he was on the Planning and Environmental Commission (PEC), PEC
didn't want to see any more than two stories allowed along the creek and no more than
three stories on the rest of the site. He said along the creek side of Ever Vail, the
stories should be no more than two stories high and step back no less than two stories
high before there is a step back. Foley said he doesn't' want a pedestrian interface on
Vail Town Council Meeting Minutes of July 5, 2011 Page 6
the north side of the project. Mauriello stated the property goes down to a point and
does step back.
Rogers said she wants something in the DIA to make sure the trees are placed correctly
and if the trees die, they get replaced by the developer. She want to make sure there
is sufficient space for them to grow.
Additional discussion ensued. Ruther reviewed additional questions Council had that
evening and staff will be coming back to Council at the July 19t�' meeting with answers.
He asked Council if they had topics that haven't been covered to date. Donovan asked
about view corridors and navigation through the project on the east side. Ruther will
include this issue and bring it back to Council at the July 19"' meeting. Daly wants to
make sure the landscaping on a parking structure will survive. Cleveland stated he has
concerns about landscaping on both sides of the bike path. He said there needs to be a
pedestrian path on the project and a separate bike lane on the Frontage Road.
Mauriello said the Frontage Road relocation application to CDOT will address all modes
of transportation including a bike path and different user groups.
Campbell requested the Council continue the Major Subdivision, Ordinance No. 7, 81
and 9, Series of 2011, and Resolution No. 6, Series of 2011 to the July 19, 2011 public
hearing.
Donovan made a motion to continue the Major Subdivision, Ordinance Nos. 7, 8, and 9,
Series of 2011, and Resolution No. 6, Series of 2011 to the July 19, 2011 public hearing
and the motion was seconded by Rogers. A vote was taken and the motion passed
unanimously, 5-0.
The eighth item on the agenda was adjournment.
Foley made a motion to adjourn, the motion was seconded by Donovan. A vote was
taken and the motion passed unanimously, 5-0. The meeting was adjourned at 8:45
p.m.
Respectfully submitted,
:�4'L�
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Dick Cleveland, ay r (A
Attest:
Vail Town Council Meeting Minutes of July 5, 2011 Page 7
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Lo el i D(66aldson,
Town Clerk
Vail Town Council Meeting Minutes of July 5, 2011 Page 8