HomeMy WebLinkAbout2011-02-01 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, February 1, 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. There was none.
The second item on the agenda was the Consent Agenda.
1) Resolution No. 2, Series of 2011, A Resolution Approving an Intergovernmental
Agreement (IGA) between the Town of Vail and the State Board of the Great Outdoors
Colorado (GOCO) Trust Fund for the Red Sandstone Elementary School Playground
Improvements Grant; and Setting Forth Details in Regard Thereto; and
2) Resolution No. 3, Series of 2011, A Resolution Approving an Intergovernmental
Agreement Between the Town of Vail and Eagle County School District REJ50 for the
Red Sandstone Elementary School Playground Improvements; and Setting Forth Details
in Regard Thereto.
Matt Mire, town attorney, stated there was a change to Resolution No. 3, Series of
2011, as the IGA that was attached was not the correct one.
Town Council Meeting Minutes for February 1, 2011 Page 1
Gregg Barrie, Public Works representative, requested the Council approve both
resolutions and authorize the town manager to sign and enter into the IGA's with GOCO
and Eagle County School District in forms approved by the town attorney.
Foley made a motion to approve the consent agenda for Resolution No. 2, Series of
2011 and Resolution No. 3, Series of 2011, with the correct IGA attached and
authorizing the town manager to sign and enter into the IGA's. The motion was
seconded by Newbury.
Aaron Whitty, from Red Sandstone Elementary, stated they had preliminary drawings
for the Redstone Elementary School playground and they were very appreciative of the
Council's support. Newbury gave special thanks to Gregg Barrie for making these
grants possible. A vote was taken, and the motion passed unanimously, 7-0.
The third item on the agenda was the Town Manager's Report.
Kathleen Halloran, budget manager, reviewed the December 2010 Revenue Update
memorandum stating the November sales tax revenue for 2010 was a near record high
of 20.4% year-to-date ; RETT was up with $7 million in collections, another near high;
and year-to-date for 2010 was up 4% from 2009. She said overall revenues are up
18.9% for 2010 and up 8.8% from the budget.
The fourth item on the agenda was the approval of a Legal Service Agreement.
Cleveland stated Matt Mire, Vail's town attorney, is currently a town employee. The
Council and Mire have agreed to change the status of the town attorney from a full-
time town employee to a contract employee. He said a lot of municipalities have part-
time, contract attorneys.
Mire said the town attorney, is duly appointed by the Council as the town attorney as
set forth in Section 7.1 of the Town of Vail Charter and he has served as the town
attorney since November 1, 2001, per the employment contract, dated October 31,
2001, (the "Contract") which creates terms and conditions of the town attorney's
employment and establishes the town attorney as a full time Town of Vail employee.
The Council and the town attorney wish to terminate the contract, and the Council
wishes to retain as the town attorney on an hourly basis and pursuant to the terms set
forth in the attached Legal Services Agreement (the "Agreement'. The contract calls
for the town attorney to have office hours two days a week in Vail and be effective
beginning March 12, 2011.
Michael Cacioppo stated he has concerns about not having access to the town attorney
five days a week and inhibiting open dialogue.
Town Council Meeting Minutes for February 1, 2011 Page 2
Cleveland stated the town attorney will be available to handle public inquiries as before.
The public will need to make an appointment to speak with the town attorney on the
days the town attorney will be in the office.
Rogers made a motion to approve the legal services agreement, and the motion was
seconded by Daly.
Foley thanked Mire for his service to date. Newbury wanted to know who will direct
Mire to attend other town meetings. Mire said he would be sensitive to who is asking.
Cleveland said he would like to have the town manager or his designee added to the
contract. Zemler said there is some uncertainty on how this will evolve. Newbury said
the council members may change and this detail will be needed to make the transition
easier. The intention of this change is to not deny staff Mire's expertise but to use it
when he is in the office.
Mire said some cities do not allow members of the public to contact the attorney and
others allow it.
Rogers amended her motion to change paragraph 6a of the agreement to add "as
directed by the town manager or his designee"; and the motion was seconded by Daly.
A vote was taken, and the amended motion passed, unanimously, 7-0.
The fifth item on the agenda was a final presentation on the findings of the "Ever Vail
Fiscal and Economic Impact Analysis" report, dated January 13, 2011.
George Ruther said on December 7, 2010; the Vail Town Council heard a presentation
by EPS on the findings contained in the "Ever Vail Fiscal and Economic Impact Analysis"
report, dated November 11, 2010. Council asked staff to have the consultants answer
questions on the final report and this meeting is in response to the questions raised by
the Vail Town Council on the 7th. Ruther said the things the Council should keep in
mind are hot beds, service plan, etc.
Andy Knudtsen and Brian Duffany, of Economic and Planning Systems, presented the
Council with the Ever Vail fiscal and economic impact. The key findings were Ever Vail
would expand the town's economic base by expanding visitation as hotels provide the
most fiscal and economic benefit to the town.
Knudtsen said they called the general managers at Four Seasons Hotel and they stated
75% of their hotel guests will be net new to Vail. The general manager thinks this is a
low estimate, as they have a big following and international traffic will be high. The
Arrabelle general manager said 45% of their guests are new, a change from a previous
60%. The Lodge at Vail stated 35% of their guests are net new. Four Seasons said
Town Council Meeting Minutes for February 1, 2011 Page 3
they have captured an international and loyal following and welcome competition for
high end guests. The Vail Marriott stated their room rate is modest and more
competitive for group business and said 55% is net new.
Knudtsen said the Ever Vail hotel could bring in additional summer and shoulder season
business by marketing to groups and events. He said additional findings of the
economic analysis indicate that cannibalization of existing retail and restaurant sales by
Ever Vail businesses will be minimal. The 35,000 square feet of office space will make
a modest contribution to the town's economic diversity.
Daly said there is a need to size Ever Vail properly as it relates to the retail and hotel
components.
Knudtsen said there are comparisons in the report and that proportions are similar to
what is in Vail and Lionshead now. The report was discussed at length and the report
used a blanket net new of 50%. A 102 room hotel does not seem conducive to groups
and so it's important to have lock -off units. He said rental programs and units can be
designed so they can have lock-off's to put in a rental program.
Rogers said she is uncomfortable that the report used 70% net new in the analysis.
Knudtsen said they will use 50% net new business in the economic analysis, which is a
more conservative approach.
Kaye Ferry, resident, said she is concerned about cannibalization of businesses such as
Solaris. She also asked where the 1.8 million skier day figure came from. Knudtsen
said that figure is not skier days, but visitor days only.
Ron Riley, a Vail business owner, said he is doubtful in the ability to generate the
percentages of net new businesses the study has estimated.
Rogers said she wants another survey done specifically from hotels on the percentage
of rooms that are in a rental program. Knudtsen said they will do additional research.
A joint work session with the Planning and Environmental Commission and Council for
an afternoon work session will be set to discuss continued actions and
recommendations.
The sixth item on the agenda was Resolution No. 5, Series of 2011, a Resolution
authorizing the Town Manager to enter into an agreement with the Vail Village Inn
Homeowners Association to fund up to $25,000 of the cost to complete below -grade
tunnel improvements necessary to fully implement a dispersed loading and delivery
system in the East Meadow Drive neighborhood of Vail Village; and setting forth details
in regard thereto.
Town Council Meeting Minutes for February 1, 2011 Page 4
George Ruther, Community Development Director, stated on January 18, 2011, the Vail
Town Council instructed staff (6-1 Cleveland opposed) to prepare a resolution
authorizing the Town Manager to enter into an agreement with the Vail Village Inn
Homeowner's Association to fund up to $25,000 of the cost to complete below -grade
tunnel improvements necessary to fully implement a dispersed loading and delivery
system in the East Meadow Drive neighborhood of Vail Village. Funding of these
improvements closes the gap in the financial needs of the project and furthers the
town's goals of creating a pedestrianized mail in Vail Village.
Ruther explained the existing conditions located south and east of the Main Vail
roundabout. He said tunnel improvements need to be made to make the final
connection to complete the loading and delivery system on Meadow Drive. He said the
town should not have any financial obligation for construction and believes the $25,000
request is reasonable. He said staff recommends the completion of the loading and
delivery system addresses a number of town goals and objectives. For instance, a long
term solution to an ongoing need for loading and delivery in the East Meadow Drive
neighborhood is addressed; the business, resident and guest experience in Vail Village
is enhanced; vehicle noise and congestion along East Meadow Drive is reduced and
public safety is improved; and the community benefits from the completion of the
improvements.
Daly said the payment of $25,000 should be upon issuance of a building permit and not
issued up front.
Jonathan Staufer, Vail Village Inn representative of the property owners, said he is in
support of the loading and delivery tunnel improvement project and thanked staff for all
the work involved to get the tunnel done.
Jim Lamont, Vail Homeowner's Association, said he is also in support of the project and
said it is the last of the projects needed to complete the dispersed loading and delivery
system in Vail.
Cleveland said the way the resolution is written, the cost is going to be $25,000, not up
to $25,000. He has problem using public funds for the tunnel.
Foley made a motion to approve Resolution No. 5, Series of 2011, spending up to
$25,000 for the tunnel completion; and the motion was seconded by Daly.
A vote was taken and the motion passed 6-1, Cleveland opposed.
Council directed staff to return to discuss a pilot loading and delivery program on East
Meadow Drive as there is a need to understand what's working.
Town Council Meeting Minutes for February 1, 2011 Page 5
The seventh item on the agenda was First reading of Ordinance No. 3, Series of 2011,
an ordinance repealing and reenacting Chapter 7, Contractor, Registration, Title 4,
Business License and Registration, Vail Town Code, and setting forth details in regard
thereto.
George Ruther reviewed first reading of Ordinance No. 3, Series of 2011, with the
Council saying the changes need to be adopted by code, and staff recommends
amending the chapter. He said the current process for contractor registration is
subjective, outdated, time consuming and costly to administer and that the process has
remained unchanged for more than 33 years. He said this ordinance aims to solve the
problems associated with the current contractor registration process.
Ruther said the proposed amendments create a contractor registration process which is
objective, eliminates waste, is cost effective and relies upon current technology to
improve productivity and customer service. He said a high amount of staff time is
consumed and this shifts the responsibility to the contractor to have proof of insurance,
automates the registration process, and the contractor registration fees don't reflect
what it costs to process. He said the registration would be good for three years and
spreading it out will be more effective for staff time. The fee increases from $75.00
annually to $200 every three years will be more effective as well. He said there is a
penalty clause, and staff is proposing an administrative penalty up to two times the cost
of the registration. He said this will end the current bureaucracy and redundancy of the
process. Homeowners are exempt from the process. However, general contractors,
plumbers, electricians and fire related businesses will still be required to have general
liability insurance. He said violations of the registration and proof of insurance process
will also have an appeal process. There will be customer service computers at the
Community Development counter and customers can use the computers to process
their registration. Staff will be announcing the change on the town's website and send
out an e-mail newsletter. He said there have been no negative comments to date.
Foley made a motion to approve first reading of Ordinance No. 3, Series of 2011, and
the motion was seconded by Rogers. A vote was taken and the motion passed
unanimously, 7-0.
The eighth item on the agenda was the discussion of the Lionshead Transit Welcome
Center - Packages A (Pre -Cast Concrete), B (Elevators), and C (Mechanical Equipment)
Contracts Award.
Town Council Meeting Minutes for February 1, 2011 Page 6
Tom Kassmel, stated staff requests Council to award separate Contracts to the
recommended contractors for the Lionshead Transit Welcome Center Packages A, B,
and C. The Town of Vail is in the process of completing Construction Documents
(CD's) for the Lionshead Transit Welcome Center (LHTWC) Project that will replace the
existing Lionshead Auxiliary Building. The CD's, also known as the Lionshead Transit
Welcome Center Package D, will be complete and publically bid in February, with a
General Contractor (GC) contract award on March 15th.
Kassmel said in order to save six weeks in the 2011 construction schedule, proposals for
the LHTWC Packages A, B, C were publically solicited. The LHTWC Packages A, B, C,
were solicited for Pre -Cast Concrete (A), Elevators (B), and Mechanical Equipment (C).
These three packages are for long lead items that will significantly impact the
construction schedule if they were to be awarded in mid -March to a General Contractor,
with the LHTWC Package D construction documents. He said the purpose of this
Council session is to award three separate contracts for the LHTWC Packages A, B, C to
the recommended proposers. The contracts will be awarded to the recommended
proposers with a Notice to Proceed on the shop drawings portion of the contract only.
He said by the time the shop drawings are complete and approved in mid -March,
Package D, the complete CD package, will have been publically bid and awarded to the
recommended General Contractor. At that time the remaining fabrication and
construction portion of the Package A, B, C contract will be assigned to the General
Contractor for coordination and assimilation into their construction schedule. By
awarding these three contracts, the LHTWC project construction schedule can be
shortened by six weeks allowing for an anticipated substantial completion in December
of 2011. He said the town received two bids for A, two bids for B and three bids for C.
Kassmel said staff recommends directing the town manager to enter into contracts and
award for: Proposal Package A (Precast) to Stresscon for $710,610.00, with an initial
Notice to Proceed in the amount of $45,064.11; Proposal Package B (Elevators) to Otis
for $116,300.00, with an initial Notice to Proceed in the amount of $8,720.00; and not
awarding Proposal Package C (Mechanical Equipment) at this time. Awarding contracts
A & B now will benefit the whole project and allow these parts to be done before July 4,
2011.
Daly made a motion to approve contracts for Proposal Package A (Precast) to Stresscon
for $710,610.00, with an initial Notice to Proceed in the amount of $45,064.11;
Proposal Package B (Elevators) to Otis for $116,300.00, with an initial Notice to Proceed
in the amount of $8,720.00; the motion was seconded by Newbury. A vote was taken
and passed unanimously, 7-0.
Town Council Meeting Minutes for February 1, 2011 Page 7
The ninth item on the agenda was adjournment. Foley made a motion to adjourn,
seconded by Tjossem. A vote was taken and the motion passed, 7-0. The meeting
adjourned at 8:25 p.m.
Respectfully submitted,
Dick Cleve a d, Mayor
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aldson,Town Clerk
Town Council Meeting Minutes for February 1, 2011 Page 8