HomeMy WebLinkAbout2011-03-01 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, March 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. Robert Milfeld, R.J. Limo of
Vail, stated he supports the current regulations of not allowing limousines on the top of
Vail Transportation Center (VTC) to solicit business. He said limousines are not allowed
by the Public Utilities Commission (PUC) to solicit for business and are only allowed to
pick up and drop off people that have made prior reservations. Brian Bosel, with High
Country Taxi, and Brad with Vail Coach agreed as well. They said the current system
the Vail police department put in place works and they support continuing the process
to keep it in place. Jonathan Levine, with Eco Limousine, said he originally came to the
meeting because he was still confused about the regulations in place. He said
directions were not followed internally and wants to make sure everyone follows the
same rules. He said when the town prohibited limos on the top deck of the VTC, there
was an open void and Blue Sky Shuttle came in and solicited business. He said several
companies are misbehaving and have not taken the regulations seriously, have been
trolling for rides and the conflict between taxis, limos and shuttles is more complicated
and involved. He said another issue is oversized vehicles and where the police
department wants the limos to pick up and drop off does not have adequate access and
maneuverability for his vehicles. He said he can live with what is currently approved
except for access. He wants to form a committee made up of limo, taxi and shuttle
representatives to come up with solutions with the police department.
Town Council meeting minutes of March 1, 2011 Page 1
Avi, with Rocky Mountain Limousine, said Vail is a small community and the Federal
PUC laws state the limo companies cannot pick up clients from the street, there has to
be a prior reservation for limo companies to pick up clients. He said if you want to be a
taxi, go get a license to do that instead of being a limo company. He said everyone
should obey the law. Jacob, with Colorado Mountain Transportation, said the problem
is Levine comes with all his fleet and takes all the spaces for pick up and drop off and
it's against the law for him to pick up and drop off without a prior reservation. He
leaves no place for taxi's to park. He said if the limousine company has a reservation
order, that is ok but Levine takes up the whole area with his vehicles. He said the
police need to control the situation and monitor the VTC so that only taxis can wait and
pick up passengers with no reservation.
Foley reminded the community there is a State of the Town meeting on Tuesday, March
8, 2011 at 6:00 p.m. to 8:00 p.m. at Donovan Pavilion.
The second item on the agenda was a presentation of the Silver Wreath Medal of Valor
Award to Melissa Bixler.
Dwight Henninger, Vail Police Chief, presented the department's Silver Wreath Valor
award to Melissa Bixler. He introduced Ms. Bixler and said Ms. Bixler disarmed a
suicidal person on January 4, 2011, thereby saving the person's life and calling 911.
Chief Henninger said the Silver Wreath of Valor is the highest award the Vail Police
Department can bestow on a Vail citizen and thanked Melissa Bixler for her service.
Cleveland read the proclamation and thanked her for being an asset to the Vail
community.
The third item on the agenda was the Consent Agenda:
1. Approval of the February 1, 2011 meeting minutes; and
2. Approval of the February 15, 2011 meeting minutes.
Foley made a motion to approve the meeting minutes of February 1, 2011 and February
15, 2011, with the correction to remove Newbury as being at the February 1, 2011
meeting as she was absent; and the motion was seconded by Tjossem. A vote was
taken and the motion passed unanimously, 7-0.
The fourth item on the agenda was the Town Manager Report.
Kathleen Halloran, Budget Manager, discussed the Revenue Highlights through
February 22, 2011, with the Town Council. She said upon receipt of all sales tax
returns, January collections are expected to be around $2.7 million, up 10.3% from
budget and 8.3% from last year. The ski season (November -January) is up 11.6% from
Town Council meeting minutes of March 1, 2011 Page 2
the prior year. Inflation, as measured by the consumer price index, was up 1.6% in
January. She said the Real Estate Transfer Tax (RETT) collection total through
February 22, 2011, was $582,966, up 13.8% from this time last year. Approximately
$350,240 or 60%, was from major redevelopment projects including Manor Vail,
Mountain View, Ritz Carlton Residences, Solaris, and The Sebastian. Collections not
related to major redevelopment projects totaled $232,726 compared with $325,318
through 2010, a 28% decrease. The Parking Revenue Pass sales total through
February 22, 2011, is $113,635, up 28% from 2010. She also stated the daily sales
from the parking structures total was approximately $1.3 million, down 30% from 2010.
However, the 2011 sales are only as of February 22, not the full month. It looks like it
will be more like 20% down.
The second topic discussed under the town manager's report was the Forest Service
Land Swap Exchange.
Diane Johnson, Eagle River Water and Sanitation District (ERWSD) representative,
discussed the memorandum she submitted to Council and asked the Council to send a
support letter to the U.S. Forest Service by the March 11, 2011 deadline. She
discussed the five parcels (out of fourteen) that ERWSD are interested in. She said
there are two parcels in the Vail area which are located in the Potato Patch area. The
ERWSD wants to acquire parcel 9a and place a two -million gallon storage tank in that
area in order to service the Town of Vail for emergency services. Cleveland said the
Colorado Department of Transportation (CDOT) needs to relocate their maintenance
facility from Dowd to that parcel as well. Cleveland asked if the Council is in support of
sending the letter.
Daly made a motion to draft and send a letter of support to the U.S. Forest Service, and
the motion was seconded by Foley. A vote was taken and the motion passed, 7-0.
The fifth item on the agenda was preliminary year end results and first 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.
Kathleen Halloran, Budget Manager, discussed the first supplemental to the 2011
budget with the Council. She recapped the 2010 year end results, and said a record
December lead to a $17.7 million sales tax and was a 4.5% increase over the prior
year. The Real Estate Transfer Tax (RETf) fund was $7 million which was the second
highest in history due to major redevelopment projects and revenue was $51.5 million
or up 18.7% from 2009. With regard to expenditures, there was $2 million in general
fund savings. One-half million of that was from salary savings due to eliminated and
Town Council meeting minutes of March 1, 2011 Page 3
vacant positions. All of these contributed to keeping the general and reserve funds
healthy. The current supplemental request is for on -going capital projects to continue
forward. Daly doesn't agree with adding supplemental re -appropriations until actual
projects come back. He wants the parking structure and energy projects presented to
Council prior to be considered and included in the 2011 supplemental appropriations.
Cleveland shared the same concern about the parking structure costs. Further
discussion ensued regarding various items of the supplemental.
Included in the supplemental was a request of $250,000 for 2011 to support the 2015
Championships. Harry Frampton, a Vail Valley Foundation (VVF) board member said he
understood there were concerns among the Vail Community because there aren't any
races in 2015 that take place in Vail. He said the VVF lost over $1 million after each of
the 2009 and 2013 championships. The VVF had to decide whether or not to go for the
2015 Championships as they risked $1 million to go through the process. He said the
FIS process is long process and they started working with the FIS a year earlier. He
stated the FIS gave $42 million to Garmisch for their championships and that Garmisch
had an advantage because their government contributed $40 million to their
championships.
Frampton said the VVF received a contract from FIS for $35 million, which is $7 million
less than they were told and had to reconsider on whether to move forward with the
championships in Vail and Beaver Creek. He said raising additional funds will be
difficult as the FIS sells all the sponsorships. All the VVF will have is local sponsorships
and government support. They have analyzed their options on how to save money and
raise money. He said they will save $5 million by combining two venues down to one.
Frampton said one billion people are predicted to view the races on television. He gave
the example that when the Olympics were in Canada, Whistler received credit even
though no races were held at Whistler. If marketed properly Vail will see big benefits.
VVF is proposing that Vail host many events such as the Opening Ceremonies, Awards
Ceremonies, animation and video screens in Vail.
Rogers asked about the return on investment (ROI) and how much bang for the buck
Vail can expect. Frampton said it would be impossible to predict. He said skiers from
70 countries will be here and 10,000 people will be here participating in the
championships, over 30 hours of television and 1 billion viewers, and approximately
200,000 spectators and many articles written about Vail.
Newbury said there are so many people in the community questioning why Vail is
spending money on an event that will not be held in Vail. She reiterated that it doesn't
matter how they could improve or alter the mountain because it would cost millions
Town Council meeting minutes of March 1, 2011 Page 4
that is not available. John Dakin, with the VVF, said the only races that could
potentially be in Vail would be the women's slalom and women's giant slalom. Daly
asked what the FIS concerns were for having races in Vail. Dakin said the standards
have changed dramatically and it comes down to the short distance in the finish area,
stopping and safety of the athletes as well as the cost of having a second stadium and
broadcast center.
Mike Cacioppo, said he wants the Council to put pressure on the VVF to have some of
the races in Vail and the VVF could raise more money. Jonathan Staufer, a business
owner, expressed that he wants to see some of the women's races in Vail. Rob
DeLuca, a resident, wants the women's races in Vail as well.
Ceil Folz, President of the VVF, said to add races in Vail, it would cost approximately $5-
7 million. Some of the costs are $2.8 million for television duplication, $2 million for the
media center! IBC duplication, volunteer and VIP headquarters, and $2 million for the
finish stadium, at Golden Peak.
Tjossem said if this becomes a television event, what kind of assurances will Vail have
that team houses will be in Vail. Folz stated the media, each TV station, and team
houses make their own choices. She also said typically the team houses are where the
awards are held. The VVF can only support them in making good choices.
Billy Suarez, a Vail restaurant owner, and member of the Vail Chamber and Business
Association asked if it was too late to bring races to Vail they need to just say it. Kaye
Ferry, resident, stated she agrees with everything said by the business community.
Folz stated there are only three ways the VVF can raise funds; they need to raise $6.5
million from private donations, and $5 million from government donations and some
additional funding from event ticket sales.
Daly made a motion to approve first reading of Ordinance No. 6, Series of 2011,
excluding funds for the $239,000 for the parking structures and $866,754 for the
facilities capital maintenance funds, and $459,679 out of the capital street maintenance
until more details are brought before Council. He also asked the VVF for a detailed
budget for potentially having a race in Vail and the Council can then address the
$250,000 expenditure for the 2015 Championships before second reading, the motion
was seconded by Tjossem.
Rogers said her concern is that Vail needs to know how their financial contribution will
be used, marketing versus races, and what the ROI could be. Tjossem said if the
money Vail contributes is used for marketing this is a great use of funds as the local
marketing district funds of $1.7 a year only covers local marketing and the $1.5 million
Town Council meeting minutes of March 1, 2011 Page 5
for the championships would contribute to international marketing. Frampton said the
reality is unless Vail has $7 million to contribute, races will not happen in Vail. If Vail
doesn't contribute any money, they will have to de-emphasize Vail as part of the
championships. The VVF doesn't have any money and they will have to go to other
entities to raise the money.
Foley said he won't be supporting the ordinance for supplemental appropriations.
Halloran asked that $175,000 be added back in the supplemental for: $130,000 for the
energy audit work which is under contract, $20,000 for a final payment of garage doors
under contract, and $25,000 for the VVI loading and delivery fees.
Daly amended his motion to add $175,000 back into the supplemental and the motion
was seconded by Tjossem. A vote was taken and the motion passed, 5-2 with Rogers
and Foley opposed.
The sixth item on the agenda were Proposed Amendments to 12-13-5: Employee
Housing Deed Restriction Exchange Program portion of the town code.
Nina Timm, Housing Coordinator, stated staff is requesting feedback to move forward
on other options for the Employee Housing Deed Restriction Exchange Program. She
said that on January 6, 2009, the Town of Vail adopted the Employee Housing Deed
Restriction Exchange Program. On February 15, 2011, the Council requested staff
present amendments to the Exchange Program. Staff recommends the following: 1)
Continue to utilize the existing Exchange Rate Formula; 2) Town Council adopts an
Exchange Rate Formula for EHU owners who are not required to have their EHU
occupied; and 3) Fee -in -lieu payments are the preferred exchange methods. The
primary change is proposing a new exchange method, a cash payment only option
allowing a deed restricted unit to be paid instead of provided. She said fewer than 75
units would take advantage of this program. Currently no one has taken advantage of
the current program. Further discussion ensued on various options and policy direction
was requested.
Galen Aasland, resident, said when Ordinance No. 9, of 1992 was approved, any unit
before that time is not an EHU, and 53 units fall under this category. Prior to 1992
there was no definition that defined the difference between primary and secondary
units and the town recognizes that units prior to 1992 are not EHU's.
Craig Cohn, who lives on Buffehr Creek Road say he has an EHU and said writing a
check is not a realistic goal for a working person. He said the goal is to increase EHU's
in town and the town should consider allowing an exchange that includes having a
separate unit that may have a mortgage attached with it as another option.
Town Council meeting minutes of March 1, 2011 Page 6
Rogers made a motion to support an effort to move forward with modifying this
program and the motion was seconded by Foley. A vote was taken and the motion
passed, 6-1, with Donovan opposed.
The seventh item on the agenda was a discussion regarding proposed amendments to
the Town of Vail Employee Housing Strategic Plan.
Nina Timm, Housing Coordinator, asked the Council if they supported the amendments
recommended by staff. She said on September 2, 2008, the Town of Vail adopted the
Employee Housing Strategic Plan that identifies a number of action steps for the Town
towards achieving its goal of ensuring there is deed restricted housing for at least 30%
of Vail's workforce within the Town of Vail. On February 1, 2011, Council received a
memorandum providing an update on the actions taken. At that meeting Council
requested staff propose amendments to the Employee Housing Strategic Plan to
address the full spectrum of wage earners in Vail, with a particularly focus on families
earning greater than 120% of Area Median Income, ($103,920 per year for a family of
four). Staff recommends Council move forward with funding for the infrastructure at
Chamonix Commons; add the Middle Bench of Donovan Park, 2507 Arosa Drive (Town
Manager's residence), and Sandstone Park to the Implementation Matrix.
Timm said staff recommends adding Chamonix Commons and moving forward with this
project; adding 2507 Arosa Drive, which is the town manager's residence, built in 1979
and sits on a third of an acre and could accommodate two units. Additionally, staff
suggested adding the middle bench of Donovan Park, Sandstone Park (the north
portion can fit 2 duplexes on it); and land swap opportunities with the water district in
East Vail and West Vail. Timm said all the properties can be added to the
implementation matrix and provide desirable living opportunities for the future.
Further discussion ensued on all the proposed options. Newbury said the Housing
Authority has not been consulted on these items at this time and wants this to go to the
Housing Authority for consideration first. Council decided to have the Housing Authority
review this first. Council decided not to move forward on this item at this time.
The eighth item on the agenda was an overview of the Lionshead Redevelopment
Master Plan; Lionshead Mixed Use 2 Zone District; the development review process and
the five development review applications intend to facilitate the Ever Vail Project.
Cleveland stated the Council has opened the process for a formal review of Ever Vail.
He stated there are five development review applications which will be reviewed in the
coming weeks. He stated a work session will be held on March 15, 2011 and an update
on zoning, Lionshead Mixed Use 1 (LHMU1) and Lionshead Mixed Use 2 (LHMU2) will be
discussed so the Council can understand the implications.
Town Council meeting minutes of March 1, 2011 Page 7
Cleveland also stated at the Council's evening meeting of March 15, 2011, Vail Resorts
will give a presentation outlining the entire project and will be open for discussion that
evening. There are not set dates for conclusions on the project.
George Ruther, Community Development Director, requested the Council table
Ordinance No. 7, Series of 2011, (Rezoning), Ordinance No. 8, Series of 2011, (SDD
Amendment), and Ordinance No. 9, Series of 2011, (Title 12 Zoning Code Amendment),
and Resolution No. 6, Series of 2011 (Lionshead Redevelopment Master Plan
Amendment), to the March 15, 2011 public hearing.
Ruther stated staff will provide an overview of the project and discuss actions taken by
the Planning and Environmental Commission (PEC) to date at the evening meeting of
March 15, 2011.
Newbury made a motion to continue Ordinance No. 7, Series of 2011, (Rezoning),
Ordinance No. 8, Series of 2011, (SDD Amendment), and Ordinance No. 9, Series of
2011, (Title 12 Zoning Code Amendment), and Resolution No. 6, Series of 2011
(Lionshead Redevelopment Master Plan Amendment), to the March 15, 2011 public
hearing; and the motion was seconded by Donovan. A vote was taken and the motion
passed unanimously, 7-0.
The ninth item on the agenda was adjournment.
Foley made a motion to adjourn, and the motion was seconded by Newbury. A vote
was taken and the motion passed unanimously, 7-0. The meeting adjourned at 8:55
p.m.
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Town Council meeting minutes of March 1, 2011 Page 8