HomeMy WebLinkAbout2011-09-06 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, September 6, 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
Kerry Donovan
Kevin Foley
Kim Newbury
Susie Tjossem
Members absent: Andy Daly
Margaret Rogers
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation. Richard Ten Braack, Director of
the Vail Chamber and Business Association, announced the Vail Automobile Classic
would be held on Bridge Street and at Mountain Plaza on Sunday, September 11.
The second item on the agenda was the consent agenda. There were four items on
the consent agenda:
1) Approval of the August 2 and August 16, 2011 Council meeting minutes;
2) EHU Release - Gardner;
3) EHU Exchange - 2 Proposed Exchanges; and
4) Resolution No. 16, Series of 2011
Under item 1: Foley moved to approve the minutes from August 2 and 16 (the latter
with minor corrections), with a second from Donovan. Cleveland and Newbury recused
themselves from voting on the August 16 minutes, since both were absent from the
meeting. Thus, the minutes from August 2 passed unanimously, 5-0; and the minutes
from August 16 passed 3-0-2, with Cleveland and Newbury abstaining.
Items 2), 3) and 4) were discussed briefly; with Housing Coordinator Nina Timm
assuring Council that Gardner was the second of two existing lots in Vail between
Town Council Minutes for September 6, 2011
Page 1
14,000 and 15,000 square feet and that the ordinance governing this type of EHU was
changed after the unit was in place.
In regard to item 4, Resolution No. 16, Foley noted it was time to get into the 21st
Century with regard to filming Council meetings and was pleased the town was
partnering with the Town of Avon on this project.
Tjossem moved to approve items 2, 3 and 4, and the motion was seconded by
Newbury. A vote was taken and the motion passes unanimously, 5-0.
The third item on the agenda was the Town Manager Report. The first item was the
revenue highlights overview.
Kathleen Halloran, Budget Manager, stated upon receipt of all sales tax returns, July
collections are estimated to be $1.5 million, up 19.9% from last year. Year to date
collections of $12.2 million are up 10.9% from prior year. Year to date revenue is up
13.4% from the original budget and up 5.0% from the amended budget. She also said
the Real Estate Transfr r Tax (RETT) collections through August 30 total $2,640,994
down 33% from this time last year. Annual budgeted revenue of $4.7 million is a 32%
decrease from 2010 collections and is pacing with the budget. Collections not related to
major redevelopment projects currently total $1,426,064, down 22% from this time last
year. In summary, across all funds and revenue accounts through August 30, 2011,
total revenue of $34.7 million is up 1.9% from budget and down 4.0% or approximately
$1.5 million from this time last year, mainly due to a decrease in RETT collections
($1.3 million). We have currently received 61 % of total budgeted revenues for the year.
The second item on the town manager report was the discussion of the EGE Air Alliance
statistics.
Kent Myers with the EGE Air Alliance was available to answer Council questions
regarding his analysis of the incremental tax revenue generated, which is the basis for
his request for $30,000 in 2012 funding. Tjossem asked if there was a way to get a tie-
in to actual booking for lodging.
The fourth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals,
Vail Town Code, of the Town of Vail Design Review Board's (DRB) denial of a design
review application, to allow for landscaping changes adjacent to the Covered Bridge,
located at 246 East Meadow Drive (Slifer Square)/Tract I, Block 5E, Vail Village Filing
and Bridge Street right-of-way, and setting forth details in regard thereto.
Warren Campbell, Chief of Planning, presented information regarding the call up
appeal of the Design Review Board's (DRB) August 3, 2011, denial to remove trees in
Slifer Square. Council recognized the DRB had acted in accordance with the current
Town Council Minutes for September 6, 2011 Page 2
town regulations. Donovan moved to review the town's overall policies specifically as
they apply to town recognized/recorded view corridors, with a second from Foley.
Tom Dubois, a member of the DRB noted a couple other applications for removal of
trees had recently been denied by the DRB, as a matter of note. A vote was taken
and the motion passed unanimously, 5-0.
The fifth item on the agenda was Resolution No. 17, Series of 2011, A Resolution
Approving the Employment of Rothgerber Johnson & Lyons LLP as Special Counsel;
and Delegating Certain Powers to Council Member Margaret Rogers in Connection
Therewith.
Matt Mire, Town Attorney, introduced the item stating the attorneys who appeared at
the last Council Executive Session were unable to come to this meeting. Newbury
questioned whether it was wise to "delegate certain powers" to a Council Member who
she certainly hoped would be re-elected but that there was not total assurance as to
that outcome. Mire responded a one-time reading of a future resolution could change
that designation. Cleveland also questioned the same issue, stating "the Council acts as
a group." Mire stated discussion occurred at the previous Executive Session about this
designation, at which time both the Mayor and the Mayor Pro Tern were absent.
John Rediker, resident and member of the Planning and Environmental Commission
(PEC), had several questions about the need for the town to enter this class action suit,
stating it would be a lengthy process even to get the class certification. He asked what
the recovery range might be and stated "the recovery is what the recovery is." His
concern being the town could end up with pennies on the dollar. It might be better to
go it alone. He also inquired as to whether the appropriate background research had
been done on these law firms and how vested the Atlanta firms would be in Vail,
Colorado.
Foley made a motion to approve the resolution but to rescind the resolution language
naming Margaret Rogers with certain delegated powers, and the motion was seconded
by Donovan. At this point, Mire stated there was no time sensitivity on this matter so it
could be rescheduled for a time when the attorneys could be present.
Foley withdrew his motion, as did Donovan her second.
Cleveland moved to table the item to the September 20 meeting while eliminating the
language re: Rogers, with a second from Foley. A vote was taken and the motion
passed unanimously, 5-0.
The sixth item on the agenda was the Lionshead Welcome Center update.
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Tom Kassmel, Town Engineer, stated the project was scheduled for completion in three
months and construction was currently 2 weeks behind. Suzanne Silverthorn,
Community Information Officer, introduced Henry Beer and Janet Martin with
CommArts/Stantec to discuss the Phase I recommendations. This phase is to address
two items: 1) program the guest service space in the Lionshead Welcome Center to
include recommendations for the future role of the existing Lionshead Visitor
Information Center on the Frontage Road; and 2) assess the existing town wide
signage/wayfinding system and recommend improvements to enhance the guest
experience.
Beer stated this work was done with an eye toward the approaching milestones of the
50t' Anniversary and the World Championships when Vail will receive increased
international attention and media exposure. Emphasis has been placed on the "wow"
factor and the creation of an emotional connection to Vail. Opportunities with the
tower portion have been discussed with 4240, creating higher visibility and identity.
There will be no ambiguity about where to enter the building. The interior will be
comfortable and sequestered, intensely social but intimate. While recognizing moving
the stairs on the north side is somewhat controversial, it is better to have the space
right in the first place, so standard excellence is the expectation. The graphics will be
clean and simple and there will be some hardware installed in both centers. A
continuing list of recommendations for signage will be put in place over time. Banners
are suggested for the Frontage Road and East Lionshead Circle. Transit stops will also
serve as rich and highly interactive data points to support the town's robust
transportation system.
Cleveland asked whether all these electronics would work in -20 degree weather. Beer
responded a pilot program was currently underway at North Star and all installations
would be tested before they are put in. He also added that color coding is just one of
eight components (shape, type, face, color, etc.) that help individuals find their way.
Not everyone responds in the same way. Tjossem questioned whether the international
"I" would be used to identify the building. The back entrance from the parking
structure was discussed. Newbury felt it was wrong to have guests leave their cars to
walk outside and around the building in order to access the main entry off East
Lionshead Circle. She further state it was counter -intuitive to go around the building.
Beer responded it was an 18-20 second walk. He stated the cost benefit is not there for
a $7 million building. No one will even miss the door. Kassmel said if we miss the
September 15 date, it could cause problems. Beer said the food service decision delay
has affected the timetable, but with its elimination, the full scope and use of the space
is now available.
Silverthorn asked if the Council was comfortable with the programming concepts. Foley
asked for confirmation these dollars were coming from TIF funds. Kassmel said
information was included in the current budget, but nothing for electronics, large
screen, interactive screens, etc. The additional cost for 2011 is $404,800, with another
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$304,700 in 2012. Silverthorn said direction for the expenditure was needed now so it
could be included in a future supplemental and construction could continue. She asked
again for direction on the final design. Bob Lazier, commercial property owner in
Lionshead, agreed with Newbury that the natural flow was through the north side or
back door of the space. Foley confirmed the elevator complied with ADA requirements.
Donovan asked Kassmel specifically whether they needed the back stairs. Kassmel
stated that originally they were a part of the design, but with the change in food service
to the Welcome Center, there was now merit to removing them entirely. Foley said it
was wrong to force visitors out into the rain or a blizzard. Cleveland stated it was
disappointing to be back to two information centers, as the direction from Council had
been just one. At this time, Council members Tjossem, Donovan, Newbury and
Cleveland gave direction to change the design to eliminate the back stairs and to
proceed with a later supplemental to fund the 2011 additions.
The seventh item on the agenda was a review of the Lionshead Transit Center Phase
III - Lionshead East Mall Plaza and Concert Hall Plaza Streetscape Projects and a
selection of the preferred design concept.
Tom Kassmel, Town Engineer, opened the item by restating conclusions for the East
Mall Plaza from the previous meeting: relocate the bus shelter out of View Corridor 1;
loading and delivery will occur at the north side of East Lionshead Circle where the
shuttles park and as planned at Arrabelle; no concert special events here; remove stage
and 400 amp power from shelter; include lawn/boulder green space feature; and do not
update Lionshead Master Plan to revise build -to lines to accommodate this project. In
regard to Concert Hall Plaza: provide snowmelt only at sidewalk along circle, not at
street; and overall, the plan provides for functional goals balanced with aesthetics.
Lionshead merchants were also included in these discussions so two concepts will be
presented: the revised Town Council concept for the East Mall Plaza and the Lionshead
Merchant Concept. Mary Hart, designer, explained the differences in the two concepts.
Newbury asked, regardless of the outcome of this discussion, for consensus on
renaming the entry to Lionshead. There was general Council agreement.
Kit Williams, Lazier Commercial Properties, and representing about 30-40 merchants,
spoke about keeping the arches in their current location; opening up the mall into nice,
clean, open access areas; providing more space for events in the summer; and
providing more space for bicycles and skateboard traffic. Bob Lazier, owner of property
in the mall, asked to leave the arch where it is.
Cleveland stated the bus stop was too remote, too far away. Newbury asked if the
shelter could be moved closer. Allen Peterson, President of the Treetops Condominium
Association, stated the mall area needs help and this is a good effort. He favors the
merchant's request to keep the arch in its present location. He stated a concern with a
Town Council Minutes for September 6, 2011 Page 5
drainag&issue at the neck of the driveway, with more snowmelt creating even more
water. He asked the town to investigate what can be done. Michael Hecht, owner of
the Treetops Commercial Center, said he preferred the merchant's plan and for an
additional $30,000 Council would be supporting more vested interests. Williams said it
was a good compromise to move the shelter forward. The owner of Double Diamond,
Tom Sapiro, asked whether a view corridor could be changed.
Foley suggested a hybrid of both, including moving the shelter up, was appropriate. He
also said a water feature was needed. Tjossem stated leaving the arches where they
are creates a pinch point, and the lack of landscaping makes this area feel barren. She
said meandering, informal pathways are needed. Newbury said there could still be a
lawn. Donovan said we still need to duplicate Slifer Square and that will require more
landscape. Cleveland noted that not that many people arrive by bus; they're primarily
leaving the mall. So they're not really seeing the arches anyway. Stan Zemler, Town
Manager, said the current plan does respect the merchant's desires and there may be
room for a pop water feature.
Hart asked for Council direction. There appeared to be consensus on moving the bus
shelter closer. Foley said the Tree Tops drainage needs to be attended to. Greg Hall,
Public Works Director, stated there could be another opportunity at Sun Dial Plaza for a
water feature. Newbury called for further compromise. Hart said she would work with
the merchants and understood the mandate to stick to the budget.
The eighth item on the agenda was adjournment.
There being no further business, Foley made a motion to adjourn and the motion was
seconded by Newbury. A vote was taken and the motion passed unanimously, 5-0.
The meeting was adjourned at 9:15 p.m.
Respectfully submitted,
Dick Cleveland,"Mayor
Attest: ; '
SEall,
AL
4or lei onaldson, Town Clerkutes taken by Pam Brandmeyer)
Town Council Minutes for September 6, 2011 Page 6