HomeMy WebLinkAbout2007-04-03 Support Documentation Town Council Evening SessionTOWN COUNCIL
EVENING SESSION AGENDA
6:00 P.M. TUESDAY, APRIL 3, 2007
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
NOTE: Times of items are approximate, subject to change, and
cannot be relied upon to determine at what time Council
will consider an item.
1 • ITEM/TOPIC: Citizen Participation. (10 min.)
2. Lorelei Donaldson ITEM/TOPIC: Building & Fire Code Appeals Board (B&FCAB),
Design Review Board (DRB), .Planning and Environmental
Commission (PEC) and Art in Public Places (AIPP) Board
Appointments. (15 min.)
ACTION REQUESTED OF COUNCIL:
1.) Appoint one applicant to the B&FCAB for a term of five years
(through March 31, 2012).
2) Appoint three applicants to the PEC for a term of two years
each (through March 31, 2009).
3) Appoint two applicants to the DRB for a term of two years each
(through March 31, 2009).
4) Appoint three applicants to the AIPP for a term of three years
each (through March 31, 2010).
BACKGROUND RATIONALE: There is currently one vacancy for
the B&FCAB, three vacancies for PEC, two vacancies for DRB
and three vacancies for AIPP. The Town received one application
for the B&FCAB; four (4) applications for the PEC; four (4)
applications for the DRB vacancies and .eight (8) applications for
the AIPP.
Incumbent members of the B&FCAB, PEC, DRB, and AIPP are
noted by asterisks below. It is requested that the Town Council
interview each applicant at the work session and then appoint one
applicant to the B&FCAB, three applicants to the PEC; two
applicants to the DRB and three applicants to the AIPP at the
evening meeting.
The applicants are as follows:
PEC:
Lynn Fritzlen
Brian Gillette
William B. Jewitt*
Michael D. Kurz
B&FCAB:
Mark Mueller*
DRB:
Thomas R. DuBois
Brian Gillette
William Pierce
Mildred "Jay" Raiola
AIPP:
Barbie Christopher*
John Cogswell
Lisa Guzman
Bethany L. Haynes
Pam Hopkins*
Rayla J. Kundolf
Mark Le Varn
Bill Rey"
I have enclosed an attendance summary for each board (except
for the B&FCAB, which meets very infrequently) for your review,
as well as possible questions to ask the applicants.
RECOMMENDATION: Appoint a total of one member to the
B&FCAB to a five year term; three members to the PEC for two-
year terms each; two members to the DRB for two-year terms
each.; and three members to the AIPP for three-year terms each.
3. ITEM/TOPIC: Consent Agenda. (5 min.)
a. Approval of 03.13.07 & 03.20.07 Minutes.
4. Stan Zemler ITEM/TOPIC: Town Manager's Report. (10 min.)
• Update on private funding contributions for Seibert Circle.
Earlier this year, Council agreed to extend the timeframe during
which contributions from the private sector toward shortfall funding
of Seibert Circle could be collected.. The total shortfall was
$125,000. To this date, contributions of $107,700 have been
received + a final $20,000 check from Steve Virostek with the
Willows. This Willows contribution will go against one. of his
"conditions of approval" that he provide $70,000 for public art.
• Revenue Update.
5. Stan Zemler ITEM/TOPIC: LionsHead Parking Structure Redevelopment
Update. (10 min.)
6. Dwight Henninger ITEM/TOPIC: Vail Police Department Accreditation Presentation.
(5 min.)
BACKGROUND: Rick Holman the Breckenridge Chief of Police
and Northwest Colorado Association of Chiefs of Police Board
Member will present the Vail Police Department with their
professional standards accreditation award. (5 min.)
7. Stan Zemler ITEM/TOPIC: Conference Center Fund Reallocation Discussion.
(30 min.)
ACTION REQUESTED OF COUNCIL: Provide direction to staff
regarding potential uses to explore in voter opinion poll.
BACKGROUND RATIONALE: Town staff has been working with
Public Opinion Strategies to draft a statistically significant
telephone poll to probe voter interest for various reallocation
scenarios for the Conference Center Fund. The survey will be
used to assist the Town Council in determining a possible ballot
question for the November 2007 election. It is estimated the fund
will be approximately $9 million by the fall election. The
conference center taxes (a half-cent sales tax and a 1.5 percent
lodging tax) were approved by voters in 2002 and rescinded in
2006. The funding may be redirected to an alternate use(s) with
the consent of .Nail's electorate. Town Council is asked to review
the current list of reallocation possibilities to be probed in the poll
and to provide direction regarding adjustments or modifications:
--Increasing tourism promotion, marketing and special events to
draw year-round visitors
--Providing greater access to workforce housing, including loans
for first-time home buyers and acquisition of homes for local
workers
--Improving parks, trails and bike paths
--Remodeling and improving Dobson Ice Arena so it can be used
for other athletic and community events in addition to its use as an
ice skating facility
--Increasing environmental efforts, such as energy efficiency,
recycling and improving the health of the forest by removing pine-
beetle diseased trees
--Maintaining roads
--Remodeling public facilities, such as the library, fire station and
other public buildings
--Funding the needs of the town as they arise
Following direction by the Town Council, the poll will be fielded
with a sample size of 250 registered voters within the town. The
election calendar indicates the ballot question must be set no later
than August 21 upon second reading of an ordinance.
8. Leslie Fordham ITEM/TOPIC: Purchase of three sculptures. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve AIPP expenditure
of $7700 for purchase of sculptures.
BACKGROUND RATIONALE: The Art in Public Places board
voted unanimously to purchase three sculptures that have been
on loan to the town for the past five years. All three sculptures
were part of previous summer exhibitions in Ford Park and have
remained on loan to the town since then. AIPP has negotiated
with the artists. The cost reflects a discount of up to 80% over
the original asking price. Funding comes from the AIPP budget.
Sculpture Artist Location Price
Branching Pattern Robert Tully TRC stairs. $4,200
Seat Rock Robert Tully Ford Park $1,500
Endless Possibilities G. Westerberg Willow Park $2,000
Total expenditure $7700
9. George Ruther ITEM/TOPIC: An appeal, pursuant to Section 12-3-3, Appeals,
Vail Town Code, of the Town of Vail Planning & Environmental
Commission's decision to uphold an administrative action
determining that Condominium Unit E within the Covered Bridge
Building is the "street level" of the building, located at 227 Bridge
Street Lots C & D, and the southwesterly four feet of Lot B, Block
5-B, Vail Village First Filing, and setting forth details in regard
thereto. (PEC06-0070, 0071, 0072) (5 min.)
ACTION REQUESTED OF COUNCIL: Uphold, overturn, or modify
the Planning & Environmental Commission's decision to uphold
an administrative action determining that Condominium Unit E
within the Covered Bridge Building is the "street level" of the
building.
The Council may, pursuant to Section 12-3-3, Vail Town Code,
grant a continuance to allow the parties additional time. to obtain
information. The continuance shall be allowed for a period not to
exceed an additional thirty (30) days.
BACKGROUND RATIONALE: On February 12, 2007, the Town
of Vail Planning & Environmental Commission held a public
meeting to hear an appeal of an administrative action determining
that Condominium Unit E within the Covered Bridge Building is the
"street level" of the building. Upon presentation of evidence and
testimony, the Commission made eight findings of fact and voted
unanimously to uphold the previous decision of the administrator.
A copy of the memorandum to the Planning & Environmental
Commission, dated February 12, 2007,and a copy of the approved
meeting minutes have been attached for reference.
Due to scheduling conflicts, neither the appellant nor the staff are
available on April 3~d or 17~', and therefore, are requesting that this
item be continued to the May 1, 2007, Town. Council meeting.
STAFF. RECOMMENDATION: The Community Development
Department recommends that the Vail Town Council grants a
continuance to allow the parties additional time to obtain
information. In granting the continuance, staff recommends that
the public hearing be continued to May 1, 2007.
10. Warren Campbell ITEM/TOPIC: Second Reading of Ordinance No. 10, Series of 2007,
an ordinance repealing and re-enacting Ordinance No. 5, Series of
2006, establishing Special Development District No. 39, Crossroads,
and setting forth details in regard thereto. (15 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Ordinance No. 10, Series of 2007, upon
second reading.
BACKGROUND RATIONALE: On February 26, 2007, the Town of
Vail Planning and Environmental Commission held a public hearing
on a request for a major .amendment to Special Development District
No. 39, Crossroads. The purpose of the major amendment is to
increase the maximum allowable number of dwelling units from 69 to
75 dwelling units, located at 141 and 143 Meadow Drive, and setting
forth. details in regard thereto.
Upon review of the request, the Planning and Environmental
Commission voted 6-0-0 to forward a recommendation of approval of
the request to amend Special Development District No. 39,
Crossroads, to the Vail Town Council
On March 20, 2007, the Town Council approved the first reading of
Ordinance 10, Series of 2007, by a vote of 5-2-0 (Slifer and Gordon
opposed).
STAFF RECOMMENDATION: The Community Development
Department recommends that the Vail Town Council approves
Ordinance No. 10, Series of 2007, on second reading.
11. George Ruther ITEM/TOPIC: Ordinance No. 7, Series of 2007. An ordinance
Nina Timm amending Title 12, Zoning Regulations, Vail Town Code, by
the addition of new definitions to Section 12-2-2, and the
adoption of a new Chapter 23, entitled Commercial Linkage,
and setting forth details in regard thereto. (25 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Ordinance No. 7, Series of 2007, on
second reading
BACKGROUND RATIONALE: On November 7, 2006, the Vail
Town Council directed the Community Development Department
to prepare text amendments to the Zoning. Regulations to adopt
commercial linkage and inclusionary zoning as tools to achieve
the Town Council's stated goal of ensuring that employee housing
is available for at least 30% of the new employees generated by
new development within the Town of Vail
STAFF RECOMMENDATION: The Community Development
Department recommends that the Town Council approves
Ordinance No. 7, Series of 2007, upon second reading.
12. George Ruther ITEM/TOPIC: Ordinance No. 8, Series of 2007. An ordinance
amending Title 12, Zoning Regulations, Vail Town Code, by
the addition of new definitions to Section 12-2-2, and the
adoption of a new Chapter 24, entitled Inclusionary Zoning,
and setting forth details in regard thereto. (25 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Ordinance No. 8, Series of 2007, on
second reading
BACKGROUND RATIONALE: On November 7, 2006, the Vail
Town Council directed the Community Development Department
to prepare text amendments to the Zoning Regulations to adopt
commercial linkage and inclusionary zoning as tools to achieve
the Town Council's stated goal of ensuring that employee housing
is available for at least 30% of the new employees generated by
new development within the Town of Vail.
STAFF RECOMMENDATION: The Community Development
Department recommends that the Town Council approves
Ordinance No. 8, Series of 2007, upon second reading.
13. George Ruther ITEM/TOPIC: Ordinance No. 9, Series of 2007. An ordinance
Nina Timm repealing and re-enacting Chapter 12-13, Employee
Housing, Title 12, Zoning Regulations, Vail Town Code, to
allow for revisions to the employee housing regulations; and
setting forth details in regard thereto. (25 min.)
ACTION REQUESTED OF COUNCIL:
Approve, approve with modifications, or deny Ordinance No. 9,
Series of 2007, on second reading.
BACKGROUND RATIONALE: On November 7, 2006, the Vail
Town Council directed the Community Development Department
to prepare text amendments to the Zoning Regulations to adopt
commercial linkage and inclusionary zoning as tools to achieve
the Town Council's stated goal of ensuring that employee housing
is available for at least 30% of the new employees generated by
new development within the Town of Vail.
STAFF RECOMMENDATION:
The Community Development Department recommends that the
Town Council approves Ordinance No. 9, Series of 2007, upon
second reading.
14. George Ruther ITEMlTOPIC: A resolution establishing the "2007 Pavment Of Fee-In-
Lie 'fee for the Mitigation Of Employee Housing as prescribed in
Chapter 12-23, Commercial Linkage, and Chapter 12-24, Inclusionary
Zoning, Title 12, Zoning Regulations, Vail Town Code; and setting
forth details in regard thereto. (20 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Resolution 6, Series of 2007.
BACKGROUND RATIONALE: On April 3, 2007, the Vail Town
Council will be considering the adoption of Ordinances No. 7 & 9,
Series of 2007, establishing new regulations for commercial
linkage .and inclusionary zoning. As allowed by the new
regulations, a payment of fee-in-lieu option exists for mitigating
required employee, housing. The purpose of this resolution is to
establish the "2007 Payment Of Fee-In-Lieu"fee.
15. Matt Mire ITEMlTOPIC: Ordinance No 12, Series 2007, An Emergency
Ordinance Amending Ordinance No. 26, Series 2006, Extending
the Time in which Town Council may Adopt Employee Housing
Regulations for Commercial and Residential Development and
Redevelopment; and Setting forth Details in Regard Thereto. (10
min.)
BACKGROUND: On October 17, 2006, the Town Council
adopted Ordinance No. 26, Series, of 2007, which set forth the
Town Council's intention to adopt employee housing regulations
by April 15, 2007. In reliance on the "Pending Ordinance
Doctrine," Ordinance No. 26, 2007 further required any
development or redevelopment applications filed after October 17,
2006, to comply with the newly adopted housing regulations, if
any. Ordinance No 12, Series 2007, is needed o~ if the Town
Council finds and determines that additional time is necessary to
study employee housing options before adopting new employee
housing regulations.
ACTION REQUESTED OF COUNCIL: Consider Ordinance
No. 12, Series 2007, for approval.
STAFF RECOMMENDATION: Approve Ordinance No 12,
Series 2007.
15. Matt Mire ITEMlTOPIC: Resolution No. 8, Series 2007, A Resolution
Approving the First Amendment to the Consolidated Service Plan
for Solaris Metropolitan District No. 1, Solaris Metropolitan District
No. 2, and Solaris Metropolitan District No. 3. (5 min.)
ACTION REQUESTED OF COUNCIL: Approve Resolution No. 8,
Series 2007.
BACKGROUND RATIONALE: On September 19, 2006 the Town
Council approved the Consolidated Service Plan for Solaris
Metropolitan District No. 1, Solaris Metropolitan District No. 2, and
Solaris Metropolitan District No. 3. The primary purpose of the
metropolitan districts is to finance the public improvements
'associated with the "Solaris" redevelopment project. The
formation of the districts was contemplated in the Development
Agreement between the Town of Vail and Crossroads for the
above-referenced project. The Consolidated Senvice Plan for the
proposed districts details the purpose, intent and operation of the
proposed districts. Because of the cost of the public
improvements and the value of the underlying property, it is
necessary to amend the Consolidated Service Plan to increase
the debt cap from $20 million to $40 million.
STAFF RECOMMENDATION: Approve Resolution No. 8, Series
2007.
16. Matt Mire ITEM/TOPIC: Resolution No. 9, Series 2007, a Resolution
Approving an Intergovernmental Agreement between the Town of
Vail, a municipal corporation of the State of Colorado (`Town"),
and Solaris Metropolitan District No. 1, Solaris Metropolitan
District No. 2, and Solaris Metropolitan District No. 3, quasi-
municipal corporations and political subdivisions of the State. of
Colorado (the "Districts"). (5 min.)
ACTION REQUESTED OF COUNCIL: Approve Resolution No. 9,
Series 2007.
BACKGROUND RATIONALE: The Districts were organized to
provide those services and to exercise powers as are more
specifically set forth in the Districts' Service Plan, approved by the
Town on September 19, 2006 ("Service Plan"), as amended. The
Service Plan requires the execution of an intergovernmental
agreement between the Town and the Districts (the "IGA"). The
IGA governs, the relationship between the Town and the Districts
and establishes certain requirements concerning the Districts'
ability to levy taxes and issue debt. The Town and the Districts
have determined it to be in the best interests of their respective
taxpayers, .residents and property owners to enter into the
Intergovernmental Agreement ("Agreement').
STAFF RECOMMENDATION: Approve Resolution No. 9, Series
2007.
17. ITEM/TOPIC: Adjournment. (TBD p.m.)
NOTE UPCOMING MEETING START TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION
WILL BEGIN AT TBD, TUESDAY, APRIL 17, 2007 IN THE VAIL TOWN COUNCIL
CHAMBERS.
Sign language interpretation available upon request with 48-hour notification. Please
call 479-2106 voice or 479-2356 TDD for information.
Vail Town Council Evening Meeting Minutes
Tuesday, March 13, 2007
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 Rod Slifer.
Members present: Rod Slifer, Mayor
Farrow Hitt, Mayor Pro-Tem
Kent Logan
Greg Moffet
Mark Gordon
Kevin Foley
Kim Newbury
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation.
Sheika Gramshammer asked Council to reconsider the town's amplified sound
ordinance. Amplified sound is not allowed above 60 decibels after 10 p.m. She said
entertainment on her outside deck is in great demand and she is not able to comply with
the town's present ordinance.
The second item on the agenda was the Town Manager's Report.
Revenue Update
Finance Director Judy Camp reported the year is off to a good start with January tax
collections estimated at $2.8 million, up approximately 7% from January 2006, which
was the previous high for the month. For comparison, inflation as measured by the
consumer price index was up just 2.1 %. Similarly, January ski lift tax collections were up
14.6% from last year. The ski season (November -January) is up 6.5%. Construction
permit revenue, which can be considered an indicator of redevelopment activity, is off to
a good start in 2007. Year-to-date construction permit fees of $232,219 include
$161,946 from. two major construction projects, the Arrabelle at Vail Square and
Mountain View (formerly Apollo Park). This is an 88% increase in total over the first two
months of 2006, with the major projects accounting for approximately 70% of the fees in
both years. Construction permit fees include building, electrical, mechanical, plumbing
and sprinkler permits. Year-to-date RETT collections through February 2007 total
$961,224 compared with $728,938 for the same time period. last year, an increase of
32%. Major redevelopment projects including Gore Creek Place and Forest Place
contributed $272,500 or 28% of the total in 2007 while no major redevelopment projects
closed in January or February of 2006.
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• Notification Process for Wildlife-Resistant Containers Effective April 15
Community Information Officer Suzanne Silverthorn announced Vai{ residents who
switch to wildlife-resistant trash containers before an April 15 mandatory implementation
date will be eligible to take part in a drawing for a refund from the town. The $150
incentive is included in an awareness campaign to assist residents and local trash
haulers with the upcoming transition. Code enforcement officers are beginning to remind
residents about the requirement by hanging friendly notices on containers that will soon
be in violation of the town's Wildlife Protection Ordinance. While approved by the Vail
Town Council last October, the ordinance .establishes an approaching April 15
implementation date for wildlife-resistant containers to be used by all residential trash
customers. In addition, all commercial and multi-dwelling trash customers must have
wildlife-proof containers by April 15; otherwise awildlife-resistant enclosure must be
constructed by August 1, 2007. The new ordinance aims to protect Vail's neighborhoods
by making garbage less accessible to bears and other wildlife. In addition to the new
containers, the regulations prohibit placing trash outside for pick up other than from 6
a.m. to 7 p.m. on the scheduled trash collection day. Also, trash bags with food refuse
outside of authorized trash containers are prohibited.
The third item on the agenda was a West LionsHead "Green" Development Update.
Vail Resorts CEO Rob Katz said his company was attempting to open a door to the
future with their newest development in West LionsHead. "Whatever we do, it has to be
an enduring promise to the environment and to our guests...It must be perfectly aligned
with all of our constituents, including our shareholders." Called Ever Vail, the project will
be the largest Leadership in Energy and Environmental Design (LEED) certified resort
project in North America. Condos., timeshares, a hotel, a gondola, a parking garage,
stores and restaurants are planned for the $1 billion project. Katz then emphasized,
"Ever Vail will be a collaboration with the Town of Vail and the Vail Valley." Hitt thanked
Katz for sharing his vision. During a pause for public comment, Sue Rychel asked if the
wastewater treatment facility would remain in its present location. Katz said possible
relocation of the site had been discussed.
The fourth item on the agenda was the Consent Agenda.
• Minutes from February 6 and February 20, 2007.
Moffet moved to approve the minutes without amendments with Foley seconding. The
motion passed unanimously, 7-0.
The fifth item on the agenda was a Presentation of appreciation awards to-the Town of
Vail and Vail Fire Department.
Maribeth Gustafson, Forest Supervisor for the White River National Forest,
complimented the Town of Vail for its Forest Health projects. She then presented the
Mayor with a certificate of appreciation and personally thanked Fire Technician John
Talbot, Environmental Protection Officer Bill Carlson, Fire Chief John Gulick and former
Community Development Director Russ Forrest.
The sixth item on the agenda was a report on the Wildfire Mitigation, Response and
Evacuation plans for 2007.
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Phil Bowden of the U.S. Forest Service presented a brief overview of the potential
wildfire behavior in the Vail area and discussed planned mitigation efforts for this year
and the next four summers. Bowden outlined the phases of the forest beginning with the
current red phase; then 2022, known as the gray phase; and 2057, known as the out-
years. Through a fire simulation program, Bowden modeled a fire that would begin in
Dowd Junction and move toward Donovan Park and Eagle's Nest. Bowden was able to
show the difference of how fast the fire would move and spread in 2002, 2007, 2022 and
2057, with 2057 being the most devastating. Bowden also reviewed upcoming wildfire
management, preparedness and fuels reduction projects including projects taking place
on 10 acres of town-owned land and 170 acres of forest service land this year. Fire Chief
John Gulick presented response plans for wildland fires by the Vail Fire Department and
with mutual aid from other local fire agencies. Currently, the Vail Fire Department has
the ability to respond to a fire on first call with one engine and three personnel. The first
engine on site would evaluate the situation, which would then include calling for another
engine and three personnel from the Vail Fire Department. If more help is needed, a call
would be made for mutual aid to include Minturn, Eagle-Vail and Avon's fire response
'teams. Depending on the size of a wildfire or structure fire, the Vail Fire Department's
mutual aid agreements can bring in up to seven engines (three or more personnel in
each engine) and those engines could arrive within one hour. During a wildfire, the
Grand Junction Air Center also is immediately called and serves as backup for fire
recon. Gulick said the fire department's primary responsibility is to protect structures.
Police Chief Dwight Henninger provided an overview of the town's evacuation plan and
other town department responsibilities during. a wildfire. Henninger explained that Vail's
large lodging presence and capable transit system would facilitate a speedy and safe
evacuation. He then stated a hazardous materials spill. would hold the greatest risk of
creating atown-wide evacuation. Henninger emphasized using Vail and Eagle County's
transit system to help assist evacuees and creation of the shelters. Fire services veteran
Marc Mullenix, a consultant the town hired to review the town's wildfire preparation
efforts, discussed findings and recommendations. Included in the findings are the
recommendations to fund asix-person- hand crew, provide additional training for Vail Fire
Department personnel and increase the public education about wildfire preparedness.
Mullenix encouraged Council to sustain fire mitigation efforts before the community
incurs an "emotionally and financially devastating event." Moffet moved to adopt the
Town Manager's recommendations and return to Council for a supplemental budget
appropriation. Logan complimented staff for a job well done preparing for a potential
emergency. The motion passed unanimously, 7-0.
The seventh item on the agenda was the 2006 Year-end Investment Report.
Budget and Financial Reporting Officer Kathleen Halloran announced 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 each .quarter. This agenda item served as a
presentation of the town's investment report as of December 31, 2006.
The eighth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals,
Vail Town Code, of the Design Review Board's denial of a design review application for
a minor alteration, pursuant to Chapter 12-11, Design Review, Vail Town Code, to allow
for storefront fagade renovations, located at 610 West Lionshead Circle/Lot 1, Block 1,
Vail Lionshead Filing 3 (DRB06-0540). Town Planner Bill Gibson noted that on February
21, 2007, the DRB held a public hearing to consider a design review application for a
minor alteration to allow for storefront fagade renovations to ,the Landmark Building,
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located at 610 West LionsHead Circle. Upon review of the application, the board voted
2-2 (Dantas and Dorward in favor; Dunning and Rogers opposed) to .approve the
application. The motion for approval failed by a split vote and the application was
therefore denied. Applicant representative Bill Pierce outlined the project's- parameters.
Local builder Mark Hollenbeck explained the importance of the project needing to be
started immediately after the ski season due to public safety and streetscape
sequencing. Moffet moved to overturn the decision with Newbury seconding. DRB
Chairperson Margaret Rogers said she believed the amount of glass being used on the
retail level looked more like a shopping center than a village. Moffet clarified overturning
the decision held no presidential value. DRB Member Peter Dunning also commented he
believed the south facing wall of the proposal looked too much like a shopping center.
Landmark commercial owner Dick Brown emphasized the importance of starting the
project immediately. Project developer Howard Olson spoke in support of the project.
Landmark building business owner Billy Suarez spoke in support of the project.
Landmark building homeowner Bill Pendleton spoke in support of the project. Pierce
emphasized the applicant attended six DRB meetings and made substantial
compromises. The motion passed 6-1, Gordon opposed.
The ninth item on the agenda was the LionsHead Parking Structure Redevelopment
Proposal. Town Manager Stan Zemler reported Economic Planning Systems (EPS) had
completed its independent financial analysis of the LionsHead Parking Structure
redevelopment proposal submitted by The Open/Hillwood Partnership (OHP).
Representing EPS, Andy Knudtson reported OHP has the background, expertise and
financial capacity to complete the project, and the public benefits provided by the project
exceed the value of the property. The report further identified the following issues that
need to be addressed in pre-development negotiations between the town and OHP:
• Conference center -ownership structure; management and operations; funding of
an expected deficit.
• Public benefits -Will need further refinement /consideration.
• Relationships -structure of the Open/Hillwood collaboration and responsibilities of
each. Need some additional clarification concerning roles and responsibilities.
• Housing -Assuring the proposal meets new TOV housing requirements and how
Timber Ridge may fit into the housing mix.
• Use of Public Financing -how will metro district funds be used; discussion
concerning use of public funds.
• Performance and project guarantees - development of specific milestone
guarantees, penalties and project completion dates.
• Parking issues during construction.
• Impact of construction on businesses and surrounding properties.
Staff then reported on sequencing issues as analyzed by the Beck Group and appraisals
prepared by Bowes and Company and Rocky Mountain Valuations. During a pause for
public comment, Bev Trout asked if the project would include a performing arts center.
Zemler said a dual use (conference center/performing arts) center would be pursued.
Local restaurant owner Billy Suarez emphasized a need for parking always being
available (during construction) in LionsHead. Council assured Suarez parking was a
significant concern. Kaye Ferry asked if Council had considered rising land values in Vail
versus the value of public benefits. Nicole Hoffmann expressed concern that employees
required by the project would threaten the valley's already dwindling workforce.
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The tenth item on the agenda First reading of Ordinance No. 7, Series of 2007,
amending Title 12, Zoning Regulations, Vail Town Code, by the addition of new
definitions to Section 12-2-2, and the adoption of a new Chapter 23, entitled Commercial
Linkage. Interim Community Development Director George Ruther reported that on
November 7, 2006, the Vail Town Council directed the Community Development
Department to prepare text amendments to the Zoning Regulations to adopt commercial
linkage and inclusionary zoning as tools to achieve the Town Council's stated goal of
ensuring that employee housing is available for at least 30% of the new employees
generated by new development within the Town of Vail. The PEC voted unanimously on
March 12 to deny Ordinances 7, 8, & 9 Series of 2007. Hitt questioned allowing
dormitory type housing in the regulations. At least one of the occupants must be
employed at least 30 hours in Eagle County. Housing Coordinator Nina Timm reported
Eagle County has had no construction impacts by its inclusionary zoning and
commercial linkage regulations. She said the county commissioners are considering
increases in the percentages. Bill Pierce, a member of the PEC, thanked the Community
Development Department staff for their significant efforts in attempting to address the
issue of employee housing. Pierce then spoke in favor of a tax supported employee
housing program. He then said all zone districts should be included in the proposed
program and asked that a plan be developed for locating more employee housing in Vail.
Chuck Baker spoke against inclusionary zoning. Representing Vail Valley Medical
Center, Stan Anderson said he believed the ordinances would make it difficult for the
hospital to expand. He then spoke in support of a tax based program. Representing the
Vail Valley Board of Realtors, Sarah Thoreson asked for Council to hold off on making a
decision and to wait for Eagle County's Blue Ribbon Housing Committee
recommendations. Vail Chamber and Business Association Executive Director Kaye
Ferry said the business community's goals do not match what council is saying. `They
are not interested in providing family housing...They want to house front line
employees." She then mentioned the middle bench of Donovan Park would be an
excellent location for family housing. Nicole Hoffmann said there is more need for
seasonal housing. Planning consultant Tom Braun asked for predictability in terms of
what would be required by developers. He urged Council to pass the ordinance then
evaluate the impacts (if any) soon after. He then asked for standards to be identified in
the ordinance. Galen Aasland spoke against the use of either practice. Local
restaurateur Matt Morgan supported the proposals and urged Council to move ahead.
Steve Lindstrom, a member of the Vail Housing Authority, spoke in support of the
ordinances. Representing the Vail Village Homeowners Association, Jim Lamont said
the ordinances still needed some work. Moffet spoke in support of maintaining
community. He then said, "Most of the business community members in this town don't
live here." He then stated it was counter intuitive to tax commercial space. Newbury
stressed it was important to meet the needs of the entire community. She then
encouraged a provision that would allow people to retire in their home if they had worked
in the community for a period of time. Hitt said he would like to avoid any possible
contradictions. Foley said he understood the concerns of the PEC and public and did not
believe the ordinances were there yet. Gordon said he was obligated to represent the
people who voted for him and they supported employee housing. `This is only one tool."
Logan complimented staff's efforts in tackling the housing issue. "My heart is in favor but
my mind is not there...We have not addressed the possible economic ramifications of
these ordinances." Logan then expressed displeasure with the development community,
Vail Resorts, and Vail Valley Medical Center for not providing adequate input on the
issue and not trying to bene#it the whole community. Slifer said the PEC's unanimous
recommendation of denial bothered him. He then recommended looking at regional
5
solutions. Newbury moved to approve the ordinance with Gordon seconding. Gordon
asked that a development moratorium be placed on the April 3 agenda, so as to prevent
a flood of new development applications trying to avoid future legislation. Mire clarified
the option to extend the pending ordinance doctrine does exist. The motion passed 5-2,
with Foley and Logan opposed.
The eleventh item on the agenda was First Reading of Ordinance No. 8, Series of 2007,
amending Title 12, Zoning Regulations, Vail Town Code, by the addition of new
definitions to Section 12-2-2, and the adoption of a new Chapter 24, entitled Inclusionary
Zoning. On November 7, 2006, Council directed the Community Development
Department to prepare text amendments to the Zoning Regulations to adopt commercial
linkage and inclusionary zoning as tools to achieve Council's stated goal of ensuring that
employee housing is available for at least 30% of the new employees generated by new
development within the Town of .Vail. Newbury moved to approve the ordinance with
Moffet seconding. The motion passed 4-3, with Slifer, Logan and Foley opposed.
The twelfth item on the agenda First Reading of Ordinance No. 9, Series of 2007,
repealing and re-enacting Chapter 12-13, Employee Housing, Title 12, Zoning
Regulations, Vail Town Code, to allow for revisions to the employee housing regulations
On November 7, 2006, the Vail Town Council directed the Community. Development
Department to prepare text amendments to the Zoning Regulations to adopt commercial
linkage and inclusionary zoning as tools to achieve the Town Council's stated goal of
ensuring that employee housing is available for at least 30% of the new employees
generated by new development within the Town of Vail. Moffet moved to approve the
ordinance with Newbury seconding. The motion passed 4-3, with Slifer, Logan and Foley
opposed.
The thirteenth item on the agenda A resolution establishing the "2007 Payment Of Fee-
In-Lied' fee for the Mitigation Of Employee Housing as prescribed in Chapter 12-23,
Commercial Linkage, and Chapter 12-24, Inclusionary Zoning, Title 12, Zoning
Regulations, Vail Town Code. On April 3, 2007, Council will. be considering the adoption
of Ordinances No. 7 & 9, Series of 2007, establishing new regulations for commercial
linkage and inclusionary zoning. As allowed by the new regulations, a payment of fee-
in-lieu option exists for mitigating required employee housing. The purpose of this
resolution is to establish the "2007 Pavment Of Fee-In-Lieu" fee. Moffet moved to
approve the resolution with Newbury seconding. The motion failed 4-3, with Foley,
Logan, Slifer and Hitt opposed.
The fourteenth item on the agenda was the Second reading of Ordinance No. 1, Series
of 2007 An ordinance amending title- 10, Vail Town Code; adopting chapter 3, "in-
building public safety radio system coverage"; providing minimum standards for in-
building radio system coverage. The ability of police, fire, ambulance and other
emergency providers and personnel to communicate with each other within buildings
and structures, and to communicate from within structures and buildings to personnel
and locations outside of the building and structures, is vital to the public and these
responding agencies. A breakdown. in communications among emergency responders
and public safety personnel creates a serious risk of harm to and is a serious threat to
the safety and welfare of emergency personnel, the citizens of the Town of Vail and the
public in general. Moffet moved to table the ordinance until the March 20, 2007 meeting
with Newbury seconding. Gordon asked for vendors to be brought in to provide
testimony regarding costs. The motion passed unanimously, 7-0.
6
The fifteenth item on the agenda was the Second reading of Ordinance No. 6, Series
2007, An ordinance designating certain streets and highways within the Town of Vail as
off-highway vehicle routes for municipal use of off-highway vehicles. The Town's Public
Works Department has purchased Off-Highway Vehicles, as defined by C.R.S. § 33-
14.5-101, to use for municipal maintenance. Pursuant to C.R.S. § 33-14.5-110, any
county, city and county, city, or town acting by its governing body may regulate the
operation of Off-Highway Vehicles on public lands, waters, and property under its
jurisdiction and on streets and highways within its boundaries by resolution or ordinance
of the governing. body and by giving appropriate notice thereof. Moffet moved to approve
the ordinance with Foley seconding. The motion passed unanimously, 6-1, Newbury
opposed. For details, contact Todd Scholl at 479-2163.
The fifteenth item on the agenda was Resolution Number 7, Series 2007. A Resolution
Approving the Budget Amendment of the Vail Local Marketing District, for its Fiscal Year
January 1, 2007 through December 31, 2007.
The Vail Local Marketing District (the "VLMD") presented Council with an amendment to
the .2007 budget, appropriating two hundred and forty five thousand dollars
($245,000.00) for marketing related expenditures. Pursuant to C.R.S. § 29-25-110, the
operating plan may, from time to time, may be amended by the district with the approval
of the local government. Gordon moved to adopt the resolution with Moffet seconding.
The motion passed unanimously, 7-0. For more information, contact Kathleen Halloran
at 479-2116.
The sixteenth item on the agenda was Adjournment. Moffet moved to adjourn with
Gordon seconding at approximately 11:26 p.m. The motion passed unanimously, 7-0.
Rodney E. Slifer, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Minutes provided by Corey Swisher.
7
Vail Town Council Evening Meeting Minutes
Tuesday, March 20, 2007
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 Rod Slifer.
Members present: Rod Slifer, Mayor
Farrow Hitt, Mayor Pro-Tem
Kent Logan
Greg Moffet
Mark Gordon
Kevin Foley
.Kim Newbury
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam. Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation.
Planning and Environmental Commission member Doug Cahill suggested Council form
a committee to investigate housing issues and ensure "fair, positive and equitable
ordinances."
Representing the Vail Valley Board of Realtors, Asher Maslan asked for alternative
legislation to address workforce housing and .said the board would like to participate in
additional study, if deemed appropriate.
Sarah Will, executive director of Access Valley, said parking around the Town of Vail
and specifically the Arrabelle at Vail Square was inadequate for disabled access and
asked Councif to address the issue.
Representing Vail Valley Medical Center, Stan Anderson said the hospital would like to
participate in future employee housing discussions.
Local builder and Planning and Environmental Commission member Mike Dantas
volunteered to serve on a committee or study group, if formed, to investigate appropriate
affordable housing legislation.
The second item on the agenda was the Town Manager's Report. Town Attorney Matt
Mire said Council had been asked to consider a change in town code allowing "reindeer
cart rides" on Town of Vail streets and roads.
The third item on the agenda was an Information Update.
1
Assistant Town Manager Pam Brandmeyer announced the library was being challenged
with some staffing shortages. To address the issue, beginning the week of April 23,
reduced hours will occur on Thursdays for one month. Thursday was identified as the
day the library is least utilized. Brandmeyer then announced a new Town Librarian
would be starting work at the end of May. The current Town Librarian, Susan Boyd, is
retiring. Foley encouraged Brandmeyer to effectively communicate the change of hours
to library users.
The fourth item on the agenda was Matters from Mayor & Council.
Foley announced he had attended an Eagle County Regional Transportation Authority
(ECO) meeting during the past week. He said the authority continued to struggle with
funding for increased public transportation demand. He then thanked Police Chief
Dwight Henninger and his staff for the department's assistance in keeping county buses
safe.
The fifth item on the agenda was an Eagle County Health Assessment Update
Eagle County Public Health Manager Jill Hunsaker announced the. preliminary findings
of a countywide health assessment. Highligfits include:
• 68% of Latino households have no health insurance
• 48% of Eagle County households have problems accessing dental care
• 25% of Eagle County third graders have untreated tooth decay
• 56% of households are dealing with a chronic disease (heart, asthma, diabetes, high
blood pressure)
A major source of concern is that many people use the emergency room as a means of
primary care, according to Hunsaker. This is not cost effective. She said poor primary
care also creates a lack of preventive screening. Motor vehicle crashes are also a
significant problem throughout. the county. On the other hand, Eagle County is ranked in
the top ten nationally in terms of life expectancy.
The sixth item on the agenda was the Vail Parks & Recreation Master Plan.
Representing GreenPiay LLC, Chris Dropinsky reported that after a series of public
engagements, including focus groups, a statistically valid survey, stakeholder meetings,
staff interviews, and so on, the final. draft of the Vail Parks and Recreation Master Plan is
complete. Dropinsky's presentation included key points from the vision statement,
project goals, areas of focus, recommendations and implementation. Vail Recreation
District (VRD) Chairman Scott Proper asked about next steps to ensure forward
progress in the implementation stage. Dropinsky said an action plan had been outlined
in the formal report. Assistant Town Manager Pam Brandmeyer also explained there
was a timeline provided in the comprehensive master plan and efforts to move forward
had already begun. VRD Member Rick Sackbauer spoke in support of a bond issue to
support and enhance recreation infrastructure. Brandmeyer responded the town had
included "some" funding for recreation infrastructure and master plan implementation in
the town's 2007 budget. Moffet thanked the current VRD Board for allowing "progress" to
occur. He also complimented town staff for their diligent efforts in producing the master
plan. Slifer also complimented the VRD Board and said Council should offer its support.
2
Gordon emphasized this was just the beginning of cooperation between the two boards.
Zemler confirmed the two boards were interested in pursuing a bond issue. Slifer said,
"We need to know the bonding capacity of the district." Logan encouraged addressing
the town's strategic plan and capital needs as well. Stephen Connelly expressed
concern that special events at Dobson Ice Arena would create a loss of ice time for local
skating organizations. Executive Director of the Betty Ford Alpine Gardens Anne Cronin
reminded the two boards the gardens wished to be included in any Ford Park
enhancements.
The seventh item on the agenda was a Noise Ordinance Discussion.
As a follow up to a request by Sheika Gramshammer of Pepi's in Vail Village, the
Council reviewed the town's current amplified sound ordinance. Police Commander
Steve Wright recommended the current ordinance be maintained. "The Commercial
Core 1 zone (mixed use) district lends itself well to the 10 p.m. amplified sound cut-off
time." Slifer said amplified sound should not occur after 10 p.m. Logan clarified no other
restaurants had requested an amplified sound extension. Hitt said he believed the
allowed time for amplified sound should be extended. Gordon said the proposed change
should be subject to more public input. Logan also invited more public discussion.
Speaking on behalf of Gramshammer, Kaye Ferry said Gramshammer wished to have
the decibel level and time allowances addressed. "You can have a dead village or you
can have a live village." Representing the Vail Village Homeowners Association, Jim
Lamont provided a history of the progression of the current sound ordinance. He then
urged Council to use patience when addressing the issue. "If it ain't broke don't fix it."
Council supported additional discussion regarding a proposal to extend the time and
decibel level on Friday and Saturday nights.
The eighth item on the agenda was the Skatepark Contract Award.
Project Manager Todd Oppenheimer asked Council to award a construction contract to
Hazard County Construction from McDonough, Georgia, for the amount of $160,000.00
to build a modular skatepark on the top deck of the LionsHead parking structure. As
directed by Council on .January 16, 2007, staff solicited proposals from qualified
skatepark ramp manufacturers to construct a modular facility. Oppenheimer recognized
the group of local skaters whose assistance was invaluable in drafting the Request for
Proposals, soliciting and analyzing the responses, and interviewing selected companies.
Proposals were received from nine companies specializing in the construction of
modular skatepark ramps. All proposals were within the $170,000 budget limits stated in
the RFP. Skatepark layouts, materials, and construction techniques were reviewed. by
the skaters and'staff. A short-list of five companies was given an opportunity to revise
their proposals. Two companies were interviewed by the group and Hazard. County
Construction was selected as the company most qualified to meet the demands of the
project. The schedule proposed by Hazard County Construction includes beginning work
on the ramps on April 23, 2007 and completing the project in approximately five weeks.
Hazard County will return in the fall and following spring to assist town and Vail
Recreation District crews in the disassembly and reassembly of the skatepark. The cost
for this service will be approximately $2,000 per trip and will be billed separately and will
be paid for from the project for this fall only. Subsequent trips will be paid for from the
Public Works operating budget. The total cost of .providing the skatepark on the
LionsHead Parking Structure will include the rental of 6' temporary fencing as
recommended by the town's insurance carrier and the rental of temporary sanitary
3
facilities. These costs total $4,700 and will be paid for from the project account. A small
contingency was requested to cover unforeseen expenses relative to the project.
Skate Park Cost Summary:
Hazard County Construction
Temporary fencing and toilets
Fall assistance
Contingency
Total
$160,000
$ 4,700
$ 2,000
3 300
$170,000
In addition to the above costs, the in-kind value of the labor and equipment provided by
the Department of Public Works and Transportation is approximately $21,000 per year.
These costs will not be charged to the project. Moffet moved to approve the project and
award the contract to Hazard County in the amount of $160,000 in a form approved by
the Town Attorney with Hitt seconding. Gordon said Hazard County had an impressive
reputation in the skating community. He then clarified the life span of the structures
would be around 20 years. Hitt recommended the town require helmets be worn on the
site. Mire said he would investigate insurance ramifications of such an action. Council
encouraged Oppenheimer to explore ways to enhance the appearance of the jersey
barriers used to outline the park. The motion passed unanimously, 7-0.
--2007 Street Maintenance Project, Crack Sealing Bid Approval
Town Engineer Tom Kassmel asked Council to authorize the Town Manager to enter
into an agreement with Superior Asphalt to complete the 2007 Street Maintenance
Project, Crack Sealing in the amount of $61,950.00. The project is budgeted in the
Capital Street Maintenance Budget. Moffet moved to approve the request with Gordon
seconding, The motion passed unanimously, 7-0. Foley clarified sealing would take
place all over town.
The ninth item on the agenda was the 2007 Capital Street Maintenance Project, Type tl
Slurry Seal Bid Authorization.
Kassmel asked Council to authorize the Town Manager to enter into an agreement with
A-1 Chipseal Company to complete the 2007 Capital Street Maintenance Project, Type II
Slurry Seal in the amount of $89,648.00. Staff received bids from three contractors for
the 2007 Capital Street Maintenance Project, Type II Slurry Seal with A-1 Chipseal
Company the low bidder. The project is budgeted in the Capital Street Maintenance
Budget. Moffet moved to approve .the request with Gordon seconding. The motion
passed unanimously, 7-0. Town Engineer Tom Kassmel said the majority of the project
would take place around the golf course.
The tenth item on the agenda was the Spraddle Creek Reconstruction Project
Kassmel asked Council to authorize town staff to approve a change order to the 2006
Spraddle Creek Relocation Project agreement with Western Slope Utilities to complete
the Spraddle Creek Relocation across West Meadow Drive. Staff received a change
order request from Western Slope Utilities to complete the Spraddle Creek relocation,
approximately 90 feet across Meadow Drive. This phase of the Spraddle Creek
Relocation was originally scheduled to be completed with the reconstruction of West
Meadow Drive. Western Slope Utilities proposes to construct the Spraddle Creek box
culvert crossing of Meadow Drive during the spring 2007 construction season at the
4
same time they complete their contract with the Eagle .River Water and Sanitation
District's water line replacement in West Meadow Drive. Moffet moved to approve the
request with Logan seconding. The motion passed unanimously, 7-0.
The eleventh item on the agenda was the LionsHead Parking Structure Redevelopment
RFP.
Town Manager Stan Zemler reported that in May, 2006, the town issued a request for
.proposals (RFP) for the potential redevelopment of the LionsHead parking structure.
Two developers submitted proposals which had been presented and discussed with
Council and the public over several months. In mid-February, one developer withdrew,
leaving OpenHospitality/Hillwood Capital Partnership (OHP) as the only proposal under
consideration. On March 13, the results of three independent analyses were presented
to Council: parking structure construction schedule review; property value appraisals;
and financial review. Zemler asked Council to authorize staff to enter into exclusive
negotiations with OHP for redevelopment of the LionsHead parking structure and
simultaneously review and evaluate OHP's proposal to redevelop Timber Ridge,
returning to .Council within 120 days with a preliminary Development Improvement
Agreement. Logan recommended staff return with a term sheet in 60 days. Moffet
moved to approve Zemler's staff request with Logan seconding. Town legal
representative Malcolm Murray reported Council would receive continual updates on the
progress of the negotiations. "Within 60 days you will start to see a framework and some
terms." Logan asked if Council remained committed to guaranteeing a continual source
of parking (third parking structure) during construction of the proposal. Hitt said he had
confidence in the ability of OHP to produce a quality project. Representing OHP Mark
Masinter stated, `This gives us the opportunity to do something very special to a very
special place...We are going to do everything we said we were going to do." LionsHead
business owner Bill Suarez said he was concerned about the potential absence of a
West LionsHead parking structure. Rick Scalpello urged Council to move forward with
the project. He then asked that Council not be responsible for any losses associated with
the conference center. Masinter responded the town would have no liability. Vail Valley
.Partnership Executive Director/CEO Michael Robinson asked Council to support the
project. Representing OHP, Jay Peterson assured Council it would be made aware of
where the process stood. `tiNe will not go away for 120 days...We want to know what
you are thinking." Zemler recommended adding a regularly scheduled agenda item to
the evening Council meetings that would be used to inform the public of the status of the
project. Foley expressed concern regarding the job creation of the project. Gordon
thanked East West Partners (former RFP respondent) for their participation in the
process and urged Council to move forward. Hitt encouraged investigating amulti-use
facility as opposed to a strict conference center space. Newbury said she was impressed
with Open Hospitality/Hillwood's ability to master plan communities. The motion passed
6-1, with Foley opposed.
The twelfth item on the agenda was Ordinance No. 10, Series of 2007, an Ordinance
Repealing and Re-enacting Ordinance No. 5, Series of 2006, Establishing Special
Development District No. 39, Crossroads.
Senior Planner Warren Campbell reported on February 26, 2007, the Town of Vait
Planning and Environmental Commission held a .public hearing on a request for a major
amendment to Special Development District No. 39, Crossroads. The purpose of the
major amendment is to increase the maximum allowable number of dwelling units from
5
69 to 75 dwelling units, located at 141 and 143 Meadow Drive, and setting forth details in
regard thereto. Upon review of the request, the Planning and Environmental
Commission voted 6-0-0 to forward a recommendation of approval of the request to
amend Special Development District No. 39, Crossroads, to the Vail Town Council.
Representing the applicant, Reed Weily explained the request was a refinement that
takes place in any large project. Weily then disagreed with the PEC recommendation to
add an additional ten employee housing units to the project.. Moffet and Slifer both
expressed concern regarding the reduction in surplus parking. Moffet moved to approve
the ordinance as proposed with Newbury seconding. PEC Member Bill Jewitt said he
believed Special Development District's were open to negotiation. "V1le felt like we had
lost some public benefits (surplus parking)...I felt like some additional employee housing
would be a way to make up for what we are losing." On behalf of the applicant, Dominic
Mauriello said allowing the PEC to come up with an additional housing requirement was
a mistake and that the applicant should have suggested an appropriate number. The
motion passed 5-2, with Slifer and Gordon opposed.
The thirteenth item on the agenda was Ordinance No. i, Series of 2007, an Ordinance
Amending title 10, Vail Town Code; Adopting Chapter 3, "In-building Public Safety Radio
System Coverage"; providing minimum standards for. in-building radio system coverage
Town Attorney .Matt Mire said the ability of police, fire, ambulance and other emergency
providers and personnel to communicate with each other within buildings and structures,
and to communicate .from within structures and buildings to personnel and locations
outside of the building and structures, is vital to the public and these responding
agencies. A breakdown in communications among emergency responders and public
safety personnel creates a serious risk of harm to and is a serious threat to the safety
and welfare of emergency personnel, the citizens of the Town of Vail and the public in
general. This amendment establishes a "Life Safety Standard." Mire then asked Council
to table the item until April 17. Moffet moved to table the item until April i 7 with Foley
seconding. The motion passed unanimously, 7-0.
The fourteenth item on the agenda was Adjournment. Moffet moved to adjourn with
Foley seconding. The motion passed unanimously, 7-0.
Rodney E. Slifer, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Minutes provided by Corey Swisher.
6
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Town of Vail, Art in Public Places
Proposed Sculpture Purchase
Sculpture Artist Location Price
Branching Pattern Robert Tully TRC stairs $4,200
Seat Rock Robert Tully Ford Park $1,500
Endless Possibilities G. Westerberg Willow Park $2,000
Total expenditure $7700
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MEMORANDUM
TO: Vail Town Council
FROM: Stan Zemler, Town Manager.
Pam Brandmeyer, Assistant Town Manager
Judy Camp, Finance Director
Matt Mire, Town Attorney
SUBJECT: Conference Center Fund Reallocation Discussion
DATE: April 3, 2007
BACKGROUND
In November 2005, Vail's electorate defeated an increase in the lodging tax to
supplement taxes approved in 2002 to build and operate a conference center. The ballot
question also contained a provision to rescind the 2002 taxes if the issue failed, which it
did: The taxes, ahalf-cent sales tax and 1.5 percent lodging tax, were subsequently
eliminated effective January 1, 2006. To bring closure to the matter, the Council was
presented with the option of determining a refund methodology for disbursement of the
remaining Conference Center Funds, or to prepare a ballot question to determine how
such revenues would be reallocated, if approved by Vail's electorate. The Town Council
has continued to support the concept of returning to the voters to receive authorization
for reallocation of the fund.
VOTER OPINION POLL
At the direction of the Town Council, staff has been working with Denver-based Public
Opinion Strategies to draft a statistically significant telephone poll to probe voter interest
as it relates to various scenarios for reallocation of the Conference Center Fund. The
survey is to be used to assist the Town Council in determining a possible ballot question
for the November 2007 election. It is estimated the fund will be approximately $9 million
by the November 6, 2007 election.
A list of reallocation possibilities has been developed for inclusion in the survey based
on the town's needs and priorities as identified during the 20/20 strategic planning
sessions and the newly-completed Parks and Recreation Master Plan. Staff requests a
discussion by the Town Council to review the list and provide direction regarding
adjustments or modifications of the list prior to inclusion in the voter opinion poll.
• Increasing tourism promotion, marketing. and special events to draw year-round
visitors.
• Providing greater access to workforce housing, including loans for first-time
home buyers and acquisition of homes for local workers.
• Improving parks, trails and bike paths.
• Remodeling and improving Dobson Ice Arena so it can be used for other athletic
and community events in addition to its use as an ice skating facility.
• Increasing environmental efforts, such as energy efficiency, recycling and
improving the health of the forest by removing pine-beetle diseased trees.
• Maintaining roads.
• Remodeling public facilities, such as the library, fire station. and other public
buildings.
• Funding .the needs of the town as they arise.
In addition, staff seeks direction on selection of one or two scenarios to assess the
reaction of voters to the likely ballot language. These could be one item, such as
increasing tourism promotion, or a potential combination of two or three items from the
list.
NEXT STEPS
Following direction by the Town Council, the survey will be fielded with a sample size of
250 registered voters within the town. The 2007 election calendar indicates the ballot
question must be set no later than August 21 upon second reading of an ordinance.
ACTION REQUESTED OF COUNCIL
Provide direction to staff regarding the list of reallocation uses to explore in the voter
opinion poll
2
P~io9od 3 CoMidontial
Attornry/Clisnt Work Product
TOWN OF VAIL, CO
DRAFT 3; 3/4/07
Public Opinion Strategies March ? 2007
Vail CO N=250 Registered Voters
Pro•ect #07xxx Margin of En or +6 20
Hello, I'm of Venture Data, a public opinion research firm. We're talking
with people in Vail today on behalf of the town of Vail, and would like to ask you a few questions on a
confidential basis. We are interested only in your opinion and will NEVER try to sell you anything.
(DO NOT PAUSE)
A. Are you registered to vote at this address?
YES (CONTINUE TO QUESTION B)
IF NO THEN ASK: May I please speak to someone in your household who is registered to vote?
(REPEAT QUESTION A WITH NEW RESPONDENT)
B. And do you live inside or outside the city limits of VAIL?
1 INSIDE (CONTINUE)
2 OUTSIDE (THANK AND TERMINATE)
3 NOT SURE/REFUSED (DO NOT READ -THANK AND TERMINATE)
C• We're talking to informed voters today. Are you, or is anyone in your household, employed by a
newspaper or radio station, or by an elected official or candidate for political office?
1 YES (THANK AND TERMINATE)
2 NO (CONTINUE)
3 NOT SURE/REFUSED (DO NOT READ -THANK AND TERMINATE)
D, And, thinking about past elections, including primary and city elections, do you... (ROTATE
TOP TO BOTTOM, BOTTOM TO TOP)
1 Always vote (CONTINUE)
2 Vote most of the time (CONTINUE)
3 Hardly ever. vote (THANK AND TERMINATE)
...or...
4 Never vote in elections? (THANK AND TERMINATE)
5 NOT SURE/REFUSED (DO NOT READ -THANK AND TERMINATE)
Thinking now about some different issues in the Town of Vail..
1. Which ONE of the following issues do you think is the MOST important LOCAL PROBLEM
facing the Town of Vail today? (RANDOMIZE)
1 Roads and traffic
2 Workforce housing
3 Growth and development
4 Economy
5 Parks and recreation
6 Year-round tourism
7 Parking
8 Environment
9 Sense of community
10 ALL OF THE ABOVE (DO NOT READ)
11 NONE OF THE ABOVE (DO NOT READ)
12 NOT SURE/REFUSED (DO NOT READ)
Now I'd like to read you a couple of proposals which may be on the ballot in November for voters to
consider. Please listen carefully as I read you each proposal as the language is quite similar, and tell me
if the election were being held today, would you vote "yes" or "no" on that question? (READ
SLOWLY AND CAREFULLY)
The first/next one is... (ROTATE AS BLOCKS)
2. WITHOUT CREATING ANY NEW TAX OR INCREASING ANY CURRENT TAXES,
SHALL THE TOWN OF VAIL BE PERMITTED TO EXPEND UP TO EIGHT POINT TWO
MILLION DOLLARS FOR THE PURPOSES OF PROVIDING GREATER ACCES$ TO
WORKFORCE HOUSING, IMPROVING RECREATION FACILITIES SUCH AS PARKS,
TRAILS AND BIKE PATHS, MAINTAINING ROADS, AND INCREASING MARKETING
AND SPECIAL EVENTS; THIS AMOUNT BEING THE REVENUES COLLECTED
PURSUANT TO THE 2002 QUESTION 2B, "THE CONFERENCE CENTER TAX"?
(IF ANSWER, ASK:) And would you DEFINITELY vote (yes/no) or just PROBABLY vote
(yes/no)?
1 DEFINITELY YES
2 PROBABLY YES
3 PROBABLY NO
4 DEFINITELY NO
5 DON'T KNOW/iJNDECIDED (DO NOT READ)
6 REFUSED (DO NOT READ)
(ASK IF PUNCH 1 OR 2 ON Q2, THEN ASK:)
3. What are the one or two main reasons why you would vote Yes on this proposal? (PROBE AND
CLARIFY) Why else?
(RECORD RESPONSE VERBATIM)
(ASK IF PUNCH 3 OR 4 ON Q2, THEN ASK:)
4• What are the one or two main reasons why you would vote No on this proposal? (PROBE AND
CLARIFY) Why else?
(RECORD RESPONSE VERBATIM)
5• WITHOUT CREATING ANY NEW TAX OR INCREASING ANY CURRENT TAXES,
SHALL THE TOWN OF VAIL BE PERMITTED TO EXPEND UP TO EIGHT POINT TWO
` MILLION DOLLARS FOR THE PURPOSES OF PROVIDING GREATER ACCESS TO
WORKFORCE HOUSING,; THIS AMOUNT BEING THE REVENUES COLLECTED
PURSUANT TO THE 2002 QUESTION 2B, "THE CONFERENCE CENTER TAX"?
(IF ANSWER, ASK:) And would you DEFINITELY vote (yes/no) or just PROBABLY vote
(yes/no)?
1 DEFINITELY YES
2 PROBABLY YES
3 PROBABLY NO
4 DEFINITELY NO
5 DON'TKNOW/UNDECIDED (DO NOT READ)
6 REFUSED (DO NOT READ)
(ASK IF PUNCH 1 OR 2 ON Q5, THEN ASK:)
6• What are the one or two main reasons why you would vote Yes on this proposal? (PROBE AND
CLARIFI~ Why else?
(RECORD RESPONSE VERBATIlVl)
(ASK IF PUNCH 3 OR 4 ON Q5, THEN ASK:)
7. What are the one or two main reasons why you would vote No on this proposal? (PROBE AND
CLARIFY) Why else?
(RECORD RESPONSE VERBATIM)
Now, as you may or may not know, this tax money was from a sales and lodging tax in the town and
originally dedicated to building a conference center. The tax is no longer in place, but voters must
approve where the current fund of over eight million dollars will be spent..
8. Knowing this, are you more likely or less likely to vote Yes in favor of the ballot measure to use
these funds for workforce housing, roads, parks, trails, marketing and special events?
There are actually a number of proposals for how this money might be used. The town is considering a
number of different funds into which this money could be deposited and then used for specific projects
which could be funded by this money. I'd like to read you some different projects which are being
considered. Eventually, funds might be used for several of these, but for now, please tell me, for each one,
whether you would vote Yes or vote No against using ALL of the, money for that one purpose.
The funds could be used for ..
y. Maintaining roads
10. Remodeling public facilities, such as the library, fire station and other local buildings
11. Increasing tourism promotion, marketing and special events to draw year-round visitors
12. Providing greater access to workforce housing, including loans for first time home buyers and
acquisition of homes for local workers
13. Improving parks, trails and bike paths
14. Remodeling and improving. Dobson Ice arena so it can be used for other athletic and community
events, in addition to its on-going ice use
15. Increasing environmental efforts, such as improving local water quality, increasing energy
efficiency, improving recycling, and increasing the health of the forests
16. Funding the needs of the town as they arise
17. So, of all the projects I just read, which ONE would you be MOST inclined to support?
LIST HERE FROM ABOVE ONCE FINALIZED
4 ALL/NO DIFFERENCE (DO NOT READ)
5 NONE OF THESE/WOULD NOT SUPPORT ANY (DO NOT READ)
6 UNSURE (DO NOT READ)
7 REFUSED (DO NOT READ)
IF PUNCH X IN Q 18, THEN ASK:
18. And if something other than tourism promotion was selected by the Town Council and included
in this ballot measure, would you be open to voting yes or not open to voting yes?
19. And, of all the projects I read, which ONE would you be LEAST inclined to support?
LIST HERE FROM ABOVE ONCE FINALIZED
4 ALL/NO DIFFERENCE (DO NOT READ)
5 NONE OF THESE/WOULD NOT SUPPORT ANY (DO NOT READ)
6 UNSURE (DO NOT READ)
7 REFUSED (DO NOT READ)
Having heard the range of options that the town is considering .and the issue at hand -
20. What hesitations or concerns about this issue do you have, if any?
OPEN-END
21. Now, thinking about the issue of tourism specifically -How important would you say it is to you
PERSONALLY that year-round tourism be sustained or increased in Vail?
1 VERY IMPORTANT
2 SOMEWHAT IMPORTANT
3 NOT VERY IMPORTANT
4 NOT AT ALL IMPORTANT
5 UNSURE (DO NOT READ)
6 REFUSED (DO NOT READ)
22. And, thinking about the issue of workforce housing specifically -How important would you say
it is to you PERSONALLY that workforce housing be increased in Vail?
1 VERY IMPORTANT
2 SOMEWHAT IMPORTANT
3 NOT VERY IMPORTANT
4 NOT AT ALL IMPORTANT
5 UNSURE (DO NOT READ)
6 REFUSED (DO NOT READ)
Now, I have just a few more questions for statistical purposes only...
23. First, in what year were you born?
(9999 =REFUSED)
24. And, are your registered to vote as ....(ROTATE)
a Republican,
a Democrat,
or something else?
1 REPUBLICAN
2 DEMOCRAT
3 SOMETHING ELSE/INDEPENDENT
4 (DO NOT READ) REFUSED
25. And, how long have you lived in the Town of Vail? (DO NOT READ CHOICES)
1 Less than 5 years
2 FIVE TO NINE YEARS
3 TEN TO FIFTEEN YEARS
4 MORE THAN FIFTEEN YEARS
5 NATIVE
6 DON'T KNOW (DO NOT READ)
7 REFUSED (DO NOT READ)
26. Sex (BY OBSERVATION}
1 MALE
2 FEMALE
Record Precinct, Record Vote Frequency
~' ;
TOWN OF VAIL
TENTATIVE/DItAFT
November 6, 2007 Election Calendar
FYI: The Town of Vail Regular Municipal Election can either be a coordinated election with
Eagle County or an At-the-Polls Election, which would be held at the Town of Vail Municipal
Building, 75 South Frontage Road, Vail, CO from 7:00 A.M. to 7:00 P.M.
Terms Expiring:
Rod Slifer 4 year term
Kevin Foley 2 year term
Kent Logan 4 year term
Greg Moffet 4 year term*
Kim Newbury 4 year term
Greg Moffet won a 4 year term in the Nov. 2005 election; however he could only serve 2 of the 4
years. Hence, there will be 5 vacancies to fill on the town council at the November 6, 2007
regular election. Three terms will be for 4 years and two terms will be for 2 years. Candidates
receiving the three highest number of votes shall be elected for four-year terms and the fourth
and fifth hi est votes shall be elected to two- ear terms ~fnff,~P
Dates Eagle County Coordinated
July 27, 2007 (Friday) Election
Last day to notify County of
participation in Eagle County
Election (100 days prior) 1-7-
116 S) and 1-1-106-(4)
August 6 (Mon) Last day to file an initiative
petition. with the Sec of State
for 2003 Gen. Election (3
months) (1-40-108)
August 7 (Tues) Earliest day a municipal
candidate may circulate a
nominating petition (91 days)
1-4-805)
August 27 (Mon) Last day to file municipal
candidate nominating
etitions
Aug 7 (Tues) Latest date for 1$ reading to
approve any ballot issues to be
placed on coordinated election
ballot
Aug 21 (Tues) Latest date fora 2" reading
to approve ballot issues to be
.placed on coordinated election
ballot
Sept 7 (Fri) Last day to sign IGA to
participate in coordinated
election (60 days)(1-7-116(2)
Town of Vail Election
Latest date for 1gc reading
to approve any ballot issues
to be placed election ballot
Latest date fora 2"d
reading to approve ballot
issues to be placed on
election ballot
,~
Sept 12 (Wed) Ballot arrangement of names
of all duly nominated
candidates 55 da s
S t 12 Wed Certi ballot content.
Sept. 17 (Mon) First day nomination
petitions may be circulated
31-10-302 2 50 da s
Sept 21 (Fri) 45 days Last day to file Pro/Con Last day for Pro/Con
*deadline falls on Sat so statements statements (31-10-501.5)(45
Frida deadline date) da s)
Sept 25 (Tues) Last day to deliver to Eagle
County C&R full text and title
of an ballot issue notices
Oct 5 (Fri) Ballots must beprinted-and in
ossession of Ea e Ct C&R
Oct 7 (Sun) Las day a person can move Las day a person can move
into municipal precinct into municipal precinct in
which the want to vote
Oct S (Fri) * 30 day Last day nomination
deadline falls on Sunday petitions can be circulated,
so Friday preceding is signed and filed with
deadline date) municipal clerk for regular
election.
October 5 (Fri) Last day to mail TABOR
ballot issue notices (31-10-
501.5
Oct 8 (Mon) 29 days Last day to register to vote
(31-10-203 2 )
Oct 9 (Tues) 28 days Last day to give County
Clerk registration sheets who
re 'stered with Muni Clerk
Oct 12 (Fri) 24 days* Last day any person who has
*falls on Sat so deadline accepted anomination - to
is Friday withdraw from such
nomination
Oct 16 (Tues) 21 days 1~` FCPA contribution report
due from candidates
Oct 16 (Tues A oint Election Jud es
Oct 25 (Thurs} 12 days Ballots must be in possession
ofmuni. Clerk (31-10-902)
. Absentee ballot requests
. mailed out
Early Voting Begins
(31-10-1005)
Oct 27 (Fri) 10 days* Written notice of election
(* 10 days falls on Sat must be published and posted
so Fri before election) (31-10-501) send to
newspaper on Wed 10/24
Oct 31 (Wed) List of registered electors
due from Coun
Nov 2 (Fri) Last day of early voting (31-
10-1005(1 & 2)
Last day to request absentee
ballot (31-10-1002)
2"d FCPA contribution
re orts due from candidates
Nov. 6 (Toes) Election Day Election Day Polls open
from 7:00 a.m. to 7:00 .m.
Dec 6 (Thurs) Final FCPA contribution
r ort due from candidates
MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
DATE: Apri13, 2007
SUBJECT: Second Reading of Ordinance No. 10, Series of 2007, an ordinance
repealing and re-enacting Ordinance No. 5, Series of 2006, establishing
Special Development District No. 39, Crossroads, and setting forth details
in regard thereto.
Applicant: Crossroads East One LLC, represented by Mauriello
Planning Group, LLC.
Planner: Warren Campbell
1. DESCRIPTION OF THE REQUEST
The applicant, Crossroads East One LLC and Crossroads West One, LLG,
represented by Mauriello Planning Group, LLC, is requesting a second reading of
Ordinance No. 10, Series of 2007, an ordinance repealing and re-enacting
Ordinance No. 5, Series of 2006, establishing Special Development District No.
39, Crossroads, and setting forth details in regard thereto. The purpose of this
ordinance is to increase the maximum allowable number of dwelling units from
69 to 75 dwelling units, located at 141 and 143 Meadow Drive, and setting forth
details in regard thereto. The proposed changes do not affect the approved
height, bulk, mass, or setbacks for the structure, as all changes are internal to
the approved structure.
The staff and applicant are requesting that the Town Council listen to a
presentation on the proposed ordinance and approve Ordinance No. 10; Series
of 2007, upon second reading (Attachment A).
II. BACKGROUND
On February 26, 2007, the Town of Vail Planning and Environmental
Commission held a public hearing on a request for a major amendment to
Special Development District No. 39, Crossroads. The purpose of the major
amendment is to increase the maximum allowable number of dwelling units from
69 to 75 dwelling units and to address several other minor changes. Upon
review of the request, the Planning and Environmental Commission voted 6-0-0
to forward a recommendation of approval of the request to amend .Special
Development District No. 39, Crossroads, to the Vaii Town Council.
1
The Commission's recommendation of approval for the major amendment
includes thirteen (13) conditions of approval, as outlined in Section 4 of
Ordinance No. 10, Series of 2007. The Commission's recommendation of
approval includes the following findings:
"That the proposal to amend Special Development District No. 39,
Crossroads, complies with the nine design criteria outlined in Section 12-
9A-8 of the Vail Town Code. Furthermore, the applicant has
demonstrated to the satisfaction of the Commission, based upon the
testimony and evidence presented. during the public hearing, that any
adverse effects of the requested deviations from the development
standards of the underlying zoning are outweighed by the public benefits
provided. Lastly, the Commission finds that the request is consistent with
the development goals and objectives of the Town.
That the proposed gross residential floor area of 172.7% of lot area,
additional twenty-eight dwelling units over, allowable (at 28.4 units per
acre total) in the Commercial Service Center zone district is in
conformance with applicable elements of the Vail Comprehensive Master
Plan.
That the development is in compliance with .the .purposes of the
Commercial Service Center zone district, that the proposal is consistent
with applicable elements of the Vail Village Master Plan, the Vail Land
Use Plan, and fhe Vail Streetscape Master Plan, and that the proposal
does .not otherwise have a significant negative effect on the character of
the neighborhood, and that the proposal substantially complies with other
applicable- elements of the Vail Comprehensive .Plan. "
On March 20, 2007, the Town Council approved the first reading of Ordinance
10, Series of 2007, by a vote of 5-2-0 (Slifer and Gordon opposed). Discussion
of the first reading of the ordinance focused on the changes being proposed and.
the appropriate number of additional employee housing beds to require. The
motion which passed incorporated the Planning and Environmental
Commission's recommendation that the total number of employee beds. to be
provided. be increased from 12 beds to 22 beds.
ZONING ANALYSIS
The following is the zoning analysis of the currently proposed major amendments
to SDD No. 39, Crossroads. The deviations to the prescribed development
standards are shown in bold text in the table below.
2
February 26 2007 PEC Recommendation of Approval (Plans dated January 15,
2007
Development Standard
Lot Area:
Buildable Area:
Setbacks:
Front (Frontage Road):
West Side:
East Side:
Front (Meadow Drive):
Building Height:
Density:
GRFA:
Site Coverage:
Allowed Proposed
20,000 sq. ft. 115,129 sq. ft. (2.643 acres)
115,129 sq. ft.
20' 3' to 19'
20' 3' (loading dock) to 25'
20' 0' to 25'
20' 0' to 150'
38' 99.9 ft.
18 units/acre
47.5 D.U.s
46,051.6 sq. ft.
(40%)
86,346.8 sq. ft.
(75%)
28.4 units /acre
75 D.Ua
198,859 sq. ft.
(172.7%)
107,772 sq. ft.
(93.6%)
Landscape Area: Total 23,025.8 sq. ft. 43,316 sq. ft.
(20% total site) (37.6% total site)
Minimum Softscape of total permitted
18,420.6 sq. ft. 13,433 sq. ft.
(80%) (31.0%)
Maximum Hardscape of total permitted
4,605.1 sq. ft. 29,078 sq. ft.
(20%) (67.1 %)
Parking: .215 spaces 299 spaces
(84 surplus spaces proposed to
be in private parking club)
The current development proposal which received a recommendation of approval
from the Planning and Environmental Commission increase the number of
maximum dwelling units from 69 to 75 and reduces. the GRFA from 199,830 s.f.
to 198,859 s.f. (- 971 s.f.). The reduction in GRFA was a result of needing more
floor area to be devoted to common area hallways to access the new dwelling
units. There were also several minor changes to the landscape area as a result
of the Design Review process discussion on the plaza.
Within the current development proposal there was a reduction in the surplus
parking from 103 to 84 parking spaces. This was the result of further
development of the mechanical systems and locating equipment in the
subterranean parking structure. The other cause for the loss of surplus parking
spaces was the incorporation of a performance stage in the restaurant/bowling
3
alley space. A sunken stage was added to the space which impacted the parking
level below, thus eliminating several parking spaces.
In addition to an increase in the maximum number of allowable dwelling units
there were some adjustments to commercial spaces on the plaza and
promenade levels. The following depicts how each use was changed in area.
Land Use March 21 2006 February 26 2006 Net Change
Retail 39,251 s.f. 39,789 s.f. 538 s.f. gain
Theaters 11,500 s.f. 11,217 s.f. 283 s.f. loss
Restaurant 7,144 s.f. 4,602 s.f. 2,542 s.f. loss
Lobby Lounge/bar 2,730 s.f. 4,222 s.f. 1,492 s.f. gain
Bowling 14 396 s f 14 409 s.f. 13 s.f. pain
Total all categories 75,021 s.f. 74,239 s.f. 782 s.f. loss
IV. STAFF RECOMMENDATION
The Community Development Department recommends that the Vail Town
Council approves Ordinance No. 10, Series of 2007, upon second reading.
V. ATTACHMENTS
A. Ordinance 10, Series of 2007
B. Copy of the proposed plans for redevelopment dated January 15, 2007
4
ORDINANCE NO. 10
Series of 2007
AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 5, SERIES OF 2006,
ESTABLISHING SPECIAL DEVELOPMENT DISTRICT N0.39, CROSSROADS, PURSUANT TO
ARTICLE A, SPECIAL DEVELOPMENT (SDD) DISTRICT, CHAPTER 9, TITLE 12, ZONING
TITLE, TOWN CODE OF VAIL, AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Title 12, Zoning Title, Chapter 9, Article A, Special Development (SDD) District,.
Town Code of Vail establishes a procedure for amending special development districts; and
WHEREAS, Crossroads East One, LLC and Crossroads West One, LLC, has submitted an
application to the Town. of Vail Community Development Department to amend Special
Development District No. 39, Crossroads, to facilitate the redevelopment of an existing mixed use
development; and
WHEREAS,. the Planning and Environmental Commission of the Town of Vail held a public
hearing on February 26, 2007, on the application to amend Special Development District No. 39,
Crossroads, in accordance with the provisions of the Town Code of Vail; and
WHEREAS, upon due consideration, the Planning and Environmental Commission of the
Town of Vail found that the request complies with the design criteria prescribed in the Title 12,
Zoning Regulations, Vail Town Code, and furthers the development objectives of the Town of Vail;
and
WHEREAS, the Planning and Environmental Commission of the Town of Vail has forwarded
a recommendation of approval with .conditions, by a vote of 6-0-0 of this request for a major
amendment to increase the maximum number of dwelling units from 69 to 75 for Special
Development District No. 39, Crossroads, to the Vail Town Council; and
WHEREAS, the Vail Town Council finds that the request to amend Special Development
District No. 39, Crossroads, complies with the design criteria prescribed in the Title 12, Zoning Title,
Town Code of Vail; and provides a harmonious, convenient, workable relationship among land uses
consistent with municipal development objectives; and
WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and
welfare to adopt Ordinance No. 10, Series of 2007, which repeals and re-enacts Ordinance No. 5,
Series of 2006, which established Special Development District No. 39, Crossroads, in the Town of
Vail.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. District Established
Special Development District No. 39, Crossroads, is established for development on two
parcels of land, legally described as Lot P and A Part of Tract C, Block 5D, Vail Village Filing
Ordinance No. 10, Series 2007
Attachment: A
1, which comprise a total of 115,129 square feet (2.643 acres) in the Vail Village area of the
Town of Vail. Said parcels may be referred to as "SDD No. 39". Special Development
District No. 39 shall be reflected as such on the Official Zoning Map of the Town of Vail. The
underlying zoning for Special Development District No. 39, Crossroads, shall be Commercial
Service Center (CSC) District.
Section 2. Special Development District No. 39, Crossroads, Approved
Development Plan
An approved development plan is the principal document in guiding the development, uses
and activities of a special development district. The Vail Town Council finds that the
Approved Development Plan for Special Development District No. 39, Crossroads, complies
with each of the requirements set forth in Sections 12-9A-5 and 12-9A-6 of the Town Code
of Vail. The Approved Development Plan for Special Development District No. 39,
Crossroads, shall be comprised of materials submitted in accordance with Section 12-9A-5
of the Town Code of Vail and those plans prepared by Barnes Coy Architects and Davis
Partnership Architects, entitled "Solaris", dated January 15, 2007, and stamped approved
April. 3, 2007.
Section 3. Development Standards
In conjunction with the Approved Development Plan described in Section 2 herein, the
following development standards are hereby approved by the Vail Town Council. These
standards are incorporated in the Approved Development Plan to protect the integrity of the
development of Special Development District No. 39, Crossroads. The development
standards for Special Development District No. 39, Crossroads, are described below:
A. Permitted, Conditional, and Accessory Uses: The permitted, conditional,
and accessory uses allowed in Special Development District No. 39,
Crossroads, shall be those uses listed in Title 12, Chapter 7, Article E,
Commercial Service Center zone district, Town Code of Vail, as may be
amended from time to time. The approval of SDD No. 39 shall restrict the
uses upon the plaza level tenant spaces to "retail/restaurant' uses solely and
shall not be utilized for "professional offices, business offices, and studios"
uses, as defined in Title 12. A professional office intended for real estate
sales may be allowed on the plaza level of the building for a period of two
years following the date of the issuance of a temporary certificate of
occupancy or a final certificate of occupancy to allow for the sales of the on-
site dwelling units and leasing of commercial spaces. No space noted as
retail/restaurant space on the Approved- Development Plan shall be
converted to a dwelling unit.
B. Lot Area: The minimum lot area for Special Development District No. 39,
Crossroads, shall be 115,129 square feet (2.643 acres).
C. Setbacks: The minimum setbacks for Special Development District No. 39,
Crossroads, shall be as indicated on the Crossroads Approved Development
Plan, described in Section 2 herein.
D. Height: The maximum allowable building height for Special Development
District No. 39, Crossroads shall be ninety-nine and nine tenths feet (99.9'),
Ordinance No. 10, Series 2007 2
and as indicated on the Crossroads Approved Development Plan, described
in Section 2 herein.
E. Density Control: The maximum allowable Gross Residential Floor Area
(GRFA) for Special Development District No. 39, Crossroads, shall be
198,859 square feet and the maximum allowable density shall be seventy-
five (75) dwelling units, and five (5) attached accommodation units, as
indicated on the Crossroads Approved Development Plan, described in
Section 2 herein.
F. Site Coverage: The maximum allowable site coverage shall be ninety-three
and six tenths percent (93.6%) or 107,772 square feet of the total lot area,
and as indicated on the Crossroads Approved Development Plan, described
in Section 2 herein.
G. Landscaping and Site. Development: At least twenty percent (20%) of the
total site shall be landscaped. The minimum width and length of any area
qualifying as landscaping shall be fifteen (15) feet with a minimum area of
not less than three hundred (300) square feet. The landscaping and site
development shall be as indicated on the Crossroads Approved
Development Plan, described in Section 2 herein.
H. Parking and Loading:. Off street parking and loading shall be provided in
accordance with title 12-10 of the Vail Town Code. At least one-half (1/2) of
the required parking shall be located within the main building or buildings.
The minimum number of loading and delivery bays shall be five (5), as
indicated on the Crossroads Approved Development Plan, described in
Section 2 herein.
Section 4. Conditions of Approval
The following conditions of approval shall become part of the Town's approval of the
establishment of Special Development District No. 39, Crossroads:
The Developer shall address the following conditions of approval prior to appearing before
the Vail Town Council for second reading of an adopting ordinance for the establishment of
Special Development District No. 39, Crossroads:
1. The Developer shall prepare a written agreement, for Town Council review and
approval, outlining the responsibilities and requirements of the required offsite
improvements, as indicated on the proposed Approved Development Plan. This
agreement shall include, but not be limited to, all streetscape improvements along
Village Center Road and East Meadow Drive, public access to the plaza for
pedestrians and Town sponsored events, which may include the establishment of an
easement on the plaza and language in the covenants and declarations for owners
of property in the project regarding the use of the plaza for special events, inclusion
of the loading and delivery facility in the overall loading and delivery system, payment
of traffic impact fees and credits given to offset fee, and details for funding public art.
Ordinance No. 10, Series 2007 3
The Developer shall address the following conditions of approval prior to submitting a
building permit application (a grading permit/excavation permit shall constitute a building
permit);
The Developer shall submit a final exterior building materials list, typical wall section,
architectural specifications, and a complete color rendering for review and approval
of the Design Review Board, prior to submittal of an application for a building permit.
2. The Developer shall submit a rooftop mechanical equipment plan for review and
approval by the Design Review Board prior to the submittal of a building permit
application. All rooftop mechanical equipment shall be incorporated into the overall
design of the structure and enclosed and visually screened from public view.
3. The Developer shall submit a comprehensive sign program for review and approval
by the Design Review Board.
4. The Developer shall receive all the required permits from the Colorado. Department
of Transportation (CDOT) prior to submitting for a building permit. Failure to receive
the appropriate permits to access the South Frontage Road per the Approved
Development Plan will require the project to return through the special development
district review process.
5. The Developer shall comply with the written final comments of the town of Vail
Public Works Department outlined in the memorandum from the Town of Vail Public
Works Department, dated January 16, 2006, prior to submitting an application to the
Town of Vail Community Department for the issuance of a building permit for this
project.
6. The Developer shall submit a written letter agreeing to install a public safety radio
communications system within the subterranean parking structure which meets the
specifications of the Town of Vail Communications Center. The specifications and
details of this system shall be submitted to staff for review and approval with the
application for a building permit.
7. The Developer shall submit a fire and life safety plan for review and approval by the
Town of Vail Fire Department.
The Developer shall address the following conditions of approval prior to requesting a
temporary certificate of occupancy or a final certificate of occupancy;
The Developer shall be assessed a traffic impact fee of $6,500 per net trip increase
in p.m. traffic. The trip generation report prepared by Fox Higgins Transportation
Group states the net peak increase is 81 trips. The Public Works Department has
asked that the study be revised to address a concern regarding the trip generation
for the night club in the bowling alley. This change may cause the trip generation to
increase. The applicant shall be responsible for mitigating the number of net peak
trip increases depicted in the revised study. This impact fee shall not be offset by
any public improvements.
Ordinance No. 10, Series 2007 4
2. The Developer shall post a bond to provide financial security for 125% of the total
cost of the required off-site public improvements. The bond shall be in place with the
Town prior to the issuance of a temporary certificate of occupancy. This includes but
is not limited to the proposed streetscape improvements.
3. The Developer shall commence initial construction of the Crossroads improvements
within three years from the time of its final approval at second reading of the
ordinance establishing Special Development District No. 39, and continue diligently
toward the completion of the project. If the developer does not begin and diligently
work toward the completion of the special development district or any stage of the
special development district within the time limits imposed, the approval of said
special development district shall be void. The Planning and Environmental
Commission and Town Council shall review the special development district upon
submittal of an application to reestablish the special development district following
the procedures outlined in Section 12-9A-4, Yail Town Code.
4. Employee Housing: Crossroads shat! provide the Town deed restricted employee
housing sufficient to accommodate 22 occupants by executing appropriate restrictive
covenant(s) on form(s) provided by the Town. Any dwelling unit(s) restricted shall
conform to the following floor area requirements: aone-bedroom unit shall contain at
least 550 sq. ft. of floor area and accommodate no more than 2 occupants; a two-
bedroom unit shall contain at least 850 sq. ft. of floor area and accommodate no
more than 3occupants; athree-bedroom unit shall contain at least 1,350 sq. ft. of
floor area and accommodate no more than 4 occupants; and afour-bedroom unit
shall contain at least 1,500 sq. ft. of floor area and accommodate no more that 5
occupants. The Town may approve minor variations in floor area when the overall
intent of the floor area requirements is being met. Any deed restriction shall be for
property located within the Town. Such deed restriction(s) shall be executed and
provided to the Town for recording and restricted unit(s) shall be available for
occupancy prior to the issuance of a temporary certificate of occupancy for the
Crossroads Project or any phase thereof. Any deed restricted employee housing
unit shall comply with the standards and procedures established by the Town Zoning
Regulations.
5. The approval of SDD No. 39, Crossroads, shall restrict the uses upon the plaza level
tenant spaces fo retail uses solely and shall not be utilized for professional offices,
business offices, and studios. The second floor retail space maybe utilized for any
allowable or conditional use as listed in the' Commercial Service Center Zone
District. No space noted as retail space on the Approved Development Plan shall be
converted to a residential dwelling unit. Temporary real estate sales offices maybe
allowed on the plaza level of retail during the first two years following the issuance of
a certificate of occupancy in order to allow effective sales of dwelling units on-site.
Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance
is for any reason held to be invalid, such decision shall not effect the validity of the remaining
portions of this ordinance; and the Vail Town Council hereby declares it would have passed
this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses
or phrases be declared invalid.
Ordinance No. 10, Series 2007 5
Section 6. The Vail Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and
the inhabitants thereof. The Council's finding, determination and declaration is based upon
the review of the criteria prescribed by the Town Code of Vail and the evidence and
testimony presented in consideration of this ordinance.
Section 7. The amendment of any provision of the Town Code of Vail as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other
action or proceeding as commenced under or by virtue of the provision amended. The
amendment of any provision hereby shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated herein.
Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 20th day of March, 2007, and a
public hearing for second reading of this Ordinance set for the 3`d day of April, 2007, at 6:00
p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Rodney E. Slifer, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this
3`d day of April, 2007.
Rodney Slifer, Mayor
Attest:
Lorelei Donaldson, Town Clerk
Ordinance No. 10, Series 2007 6
ORDINANCE NO. 12
SERIES 2007
AN EMERGENCY ORDINANCE AMENDING ORDINANCE N0.26, SERIES
2006,. EXTENDING THE TIME IN WHICH TOWN COUNCIL MAY ADOPT
EMPLOYEE HOUSING REGULATIONS FOR COMMERCIAL AND
RESIDENTIAL DEVELOPMENT AND REDEVELOPMENT; AND SETTING
FORTH DETAILS IN REGARD TEHRETO.
WHEREAS, Vail has experienced a high rate of growth and increase in population
during the past ten years; and
WHEREAS, during that period of time, housing costs in Vail have increased at a
much higher rate than income has increased; and
WHEREAS, there is a substantial, direct and rational connection between the need
for employee housing generated by new residential and commercial development and
redevelopment and the requirements for the provision of employee housing, as documented
in the report entitled Town of Vail Nexus/Proporl'ionality Analysis for Employee Housing
Mitigation Programs, prepared for. the Town by RRC Associates, Inc., a copy of which is on
file with the Town Clerk and available for public inspection; and
WHEREAS, new residential and commercial development and redevelopment in the
Town will result in new workers being needed for uses in the new buildings and for the
maintenance of the new buildings; and
WHEREAS, the Town Council believes that the provision of a reasonable and
appropriate percentage of new employee housing is the responsibility of new residential and
nonresidential developments and redevelopments which have a nexus to new job
generation; and
WHEREAS, prior to adopting any regulations regarding employee housing, the Town
Council would like to ensure that it has provided adequate opportunity to educate the public
about employee housing options and to receive comments on employee housing options:
and
WHEREAS, on October 17, 2006,. the Town Council adopted Ordinance No. 26,
Series, of 2007, which set forth the Town Council's intention to adopt employee housing
regulations by April 15, 2007; and
WHEREAS, in reliance on the "Pending Ordinance Doctrine," Ordinance No. 26,
2007 further required any development or redevelopment, applications filed after October
17, 2006, and to comply with the newly adopted housing regulations, if any; and
WHEREAS, the Town Council finds and determines that additional time is necessary
to study employee housing options before adopting new employee housing regulations; and
Ordinance No. 12, Series 2007
WHEREAS, the Town Council finds and determines that; rather than impose a
moratorium on development to give the Town adequate time to study employee housing
options, the Town should allow new development applications to be submitted during this
additional time with the understanding that those developments will be subject to the
pending employee housing regulations when and if those regulations are adopted by the
Town Council; and
WHEREAS, by .passing this Ordinance to subject new development and
redevelopment to the pending employee housing regulations, the Town is continuing to rely
on the so-called "pending ordinance doctrine," a doctrine recognized by current Colorado
law.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
Section 1. Ordinance No. 26, Series 2006, is hereby by amended as follows: (Changes
are shown in Bold)
Section 1. The Town Council hereby declares its intention to adopt an ordinance
adding provisions to its code requiring all new development and redevelopment in
the Town to mitigate the impacts on housing created. by -such development through
the provision of employee housing ("pending employee housing regulations"). The
pending employee housing regulations will be based on the above-referenced study
as well as comments received from the public. The Town Council's intention is to
adopt the pending employee housing regulations on or before May 2, 2007;
provided, however, that nothing in this Ordinance shall be construed as requiring the
Town Council to take any legislative action.
Section 2. All development applications submitted to the Town after- the effective
date of this Ordinance shall be subject to the pending employee housing regulations
in whatever form they are finally adopted; provided, however, that if the Town fails to
adopt the pending employee housing regulations by May 2 2007, this Ordinance
shall not apply to such development applications.
Section 2. Severability. If any provision of this Ordinance is found by a court of
competent jurisdiction to be invalid, the remaining provisions of this Ordinance will remain
valid, it being the intent of the Town that the remaining provisions of this Ordinance are
severable.
Section 3. Emergencv Measure. Based upon all of the foregoing, the Council finds and
declares that there is reasonable justification for the adoption of this Ordinance as an
emergency measure and that this Ordinance is necessary for the immediate preservation of
the public welfare, because allowing new development applications to be processed without
employee housing mitigation would be detrimental to the public health, safety and welfare.
Therefore,- this Ordinance shall take effect immediately upon adoption as provided by
Section 4.11 of the Vail Home Rule Charter.
Ordinance No. 12, Series 2007 2
INTRODUCED, READ,.. PASSED, ADOPTED AS AN EMERGENCY MEASURE BY
THE UNANIMOUS VOTE OF COUNCIL MEMBERS PRESENT OR A VOTE OF FIVE (5)
COUNCIL MEMBERS, WHICHEVER IS LESS, AND ORDERED PUBLISHED THIS 3RD
DAY OF APRIL, 2007.
Rod Slifer, Mayor
Lorelei Donaldson, Town Clerk
Ordinance No. 12, Series 200'7 3
RESOLUTION NO.8
Series 2007
A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE CONSOLIDATED
SERVICE PLAN FOR SOLARIS METROPOLITAN DISTRICT NO. 1, SOLARIS
METROPOLITAN DISTRICT N0.2, AND SOLARIS METROPOLITAN DISTRICT NO.
3; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, The Town of Vail (the "Town"), in the County of Eagle and State of
Colorado is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Town Charter (the "Charter"); and
WHEREAS, The members of the Town Council of the Town (the "Council") have
been duly elected and qualified; and
WHEREAS, On September 19, 2006, the Council passed Resolution No. 18,
Series 2006 approving the .Consolidated Service Plan for Solaris Metropolitan District
No. 1, Solaris Metropolitan District No. 2, and Solaris Metropolitan District No. 3.; and
WHEREAS, Because of the cost of the public improvements and the value of the
underlying property, it is necessary to amend the Consolidated Service Plan to increase
the debt cap from $20 million to $40 million.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
1. The Counci! hereby approves the First Amendment to the Consolidated
Service Plan for Solaris Metropolitan District No: 1, Solaris Metropolitan District No. 2,
Solaris Metropolitan District No. 3, a copy of which is attached hereto as Exhibit A, and
made a part hereof by this reference,.
2. This Resolution shall be effective immediately upon adoption.
INTRODUCED, READ, APPROVED AND ADOPTED this 3`~ day of April, 2007.
Rodney E. Slifer, Town Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Resolution No. 8, Series 2007
EXHIBIT "A"
FIRST AMENDMENT TO
CONSOLIDATED SERVICE PLAN
FOR
SOLARIS METROPOLITAN DISTRICT NOS. 1, 2 & 3
ORIGINALLY APPROVED BY THE TOWN OF VAIL, COLORADO
ON SEPTEMBER 19, 2006
Prepared by:
White, Bear & Ankele
Professional Corporation
1805 Shea Center Drive, Suite 100
Highlands Ranch, CO 80129.
First Amendment to Service Plan approved by the Town of Vail
on
April 3, 2007
I. INTRODUCTION
This First Amendment to the Consolidated Service Plan (the "Amendment") for Solaris
Metropolitan District Nos. 1, 2 & 3 (the "Districts"), constitutes an amendment to a provision of
the. original service plan for the Districts (the "Original Service Plan") dated as of September 14,
2006, and approved by the Town of Vail (the "Town") on September 19, 2006. The Districts
were organized pursuant to the terms of the Original .Service Plan to serve the needs of the
Solaris development and existing conununity.
This purpose of this First Amendment is to amend a provision of the Original Service
Plan relating to the Districts' ability to issue Debt, as more particularly set forth below.
II. AMENDMENT
Section V.A.6. is amended and restated in its entirety as follows:
Total Debt Issuance Limitation. The Districts .shall not issue Debt in excess of $40
million.
III. RESOLUTION
Except as specifically amended as set forth above, all other provisions of the Original
Service Plan shall remain in full force and effect.
It is requested that the Town of Vail adopt a resolution of approval of this Amendment
based upon the information tendered herewith.
Respectfully submitted,
WHITE, BEAR & ANKELE
Professional Corporation
William P. Ankele, Jr.
Melissa E. Ryan
Counsel to the Districts
SOLARISVSPLAMI STAMENDMENTIMER 1215032607
0950.0003d
RESOLUTION N0.9
Series 2007
A RESOLUTION APPROVING THE INTERGOVERNMENTAL AGREEMENT
BETWEEN THE TOWN OF VAIL, COLORADO AND THE SOLARIS
METROPOLITAN DISTRICT NO. 1, SOLARIS METROPOLITAN DISTRICT NO. 2,
AND SOLARIS METROPOLITAN DISTRICT NO. 3; AND SETTING FORTH
DETAILS IN REGARD THERETO.
WHEREAS, The Town of Vail (the "Town"), in the County of Eagle and State of
Colorado is a home rule municipal corporation duly organized and existing under the laws of
the State of Colorado and the Town Charter (the "Charter"); and
WHEREAS, The members of the Town Council of the Town (the' "Council") have
been duly elected and qualified; and
WHEREAS, On September 19, 2006, the Council passed Resolution No. 18, Series
2006 approving the Consolidated Service Plan for Solaris Metropolitan District No. 1, Solaris
Metropolitan District No. 2, and Solaris Metropolitan District No. 3.(the "Districts"); and
WHEREAS, The Service Plan requires the execution of an Intergovernmental
Agreement (an "IGA") between the Town and the Districts; and
WHEREAS, the Town and the Districts have determined it to be in the best interests
of their respective taxpayers, residents and property owners to enter into this IGA, a copy of
which is attached hereto as Exhibit A, and made a part hereof by this reference.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
1. The Council hereby approves the IGA between the Town of Vail and the
Solaris Metropolitan District No. 1, Solaris Metropolitan District No. 2, Solaris Metropolitan
District No. 3.
2. This Resolution shall be effective immediately upon adoption.
INTRODUCED, READ, APPROVED AND ADOPTED this 3'~ day of April, 2007.
Rodney E. Slifer, Town Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Resolution No. 9, Series 2007
EXHIBIT "A"
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE TOWN OF VAIL, COLORADO,
SOLARIS METROPOLITAN DISTRICT NO.1,
SOLARIS METROPOLITAN DISTRICT N0.2,
AND SOLARIS METROPOLITAN DISTRICT N0.3
THIS AGREEMENT is made and entered into as of this 22nd day of March, 2007, by
and between the TOWN OF VAIL, a municipal corporation of the State of Colorado ("Town"),
and SOLARIS METROPOLITAN DISTRICT NO. 1, SOLARIS METROPOLITAN DISTRICT
NO. 2, and SOLARIS METROPOLITAN DISTRICT NO. 3, quasi-municipal corporations and
political subdivisions of the State of Colorado (the "Districts"). The Town and the Districts are
collectively referred to as the Parties.
RECITALS
WHEREAS, the Districts were organized to provide those services and to exercise
powers as are more specifically set forth in the Districts' Service Plan, .approved by the Town on
September 19, 2006 ("Service Plan"); and
WHEREAS, the Service Plan makes reference to the execution of an intergovernmental
agreement between the Town and the Districts; and
WHEREAS, the Town and the Districts have determined it to be in the best interests of
their respective taxpayers, residents and property owners to enter into this Intergovernmental
Agreement ("Agreement").
NOW, THEREFORE, in consideration of the covenants and mutual agreements herein
contained, and for other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the Parties-hereto agree as follows:
COVENANTS AND AGREEMENTS
1. Operations and Maintenance. The Districts shall operate and maintain the
Public Improvements (as defined in the Service Plan) in a manner consistent with the
Development Agreement or other Approved Development Plan, and otherwise subject to the
rules and regulations of the Town and applicable provisions of the Town Code.
2. Construction Standards. The Districts will ensure that the Public
Improvements are designed and constructed in accordance with the standards and specifications
of the Town and of other governmental entities having proper jurisdiction; as applicable. The
Districts will obtain the Town's approval of civil engineering plans and will obtain applicable
permits for construction and installation of Public Improvements prior to performing such work.
}
3. Issuance of Privately Placed Debt. Prior to the issuance of any privately
placed Debt, the Districts shall obtain the certification of an External Financial Advisor
substantially as follows:
We are [I am] an External Financial Advisor within the meaning of
the District's Service Plan.
We [I] certify that (1) the net effective interest rate (calculated as
defined in Section 32-1-103(12), C.R.S.) to be borne by [insert the
designation of the Debt] does not exceed a reasonable current [tax-
exempt] [taxable] interest rate, using criteria deemed appropriate
by us [me] and based upon our [my] analysis of comparable high
yield securities; and (2) the structure of [insert designation of the
Debt], including maturities and early redemption provisions, is
reasonable considering the financial circumstances of the District.
4. Inclusion. The Districts shall not include within any of their boundaries
any property outside the Service Area (as defined in the Service Plan) without the prior written
consent of the Town Council.
5. Total Debt Issuance. The Districts shall not issue Debt in excess of $40
million.
6. Debt Issuance Limitation. The Districts shall not be authorized to incur
any indebtedness until such time as the Districts have approved and executed this Agreement.
7. Monies from Other .Governmental Sources. The Districts shall not apply
for or accept Conservation Trust Funds, Great Outdoors Colorado Funds, or other funds
available from or through governmental or non-profit entities that the Town is eligible to apply
for, except pursuant to an intergovernmental agreement with the Town. This Section shall not
apply to specific ownership taxes which shall be distributed to and a revenue source for the
Districts without any limitation.
8. Bankruptcy. All of .the limitations contained in the Service Plan,
including, but not limited to, those pertaining to the Maximum Debt Mi11 Levy and the
Maximum Debt Mill Levy Imposition Term have been established under the authority of the
Town to approve a Service Plan with conditions pursuant to Section 32-1-204.5, C.R.S. It is
expressly intended that such limitations:
(a) Shall not be subject to set-aside for any reason or by any court of
competent jurisdiction, absent a Service Plan Amendment; and
(b) Are, together with all other requirements of Colorado law,
included in the "political or governmental powers" reserved to the State under the U.S.
Bankruptcy Code (11 U.S.C.) Section 903, and are also included in the "regulatory or electoral
approval necessary under applicable nonbankruptcy law" as required for confirmation of a
Chapter 9 Bankruptcy Plan under Bankruptcy Code Section 943(b)(6).
2
9. Debt Issuance Limitations. Any Debt, issued with a pledge or which
results in a pledge, that exceeds the Maximum Debt Mill Levy and the Maximum Debt Mill
Levy Imposition Term, shall be deemed a material modification of the Service Plan pursuant to
Section 32-1-207, C.R.S. and shall not be an authorized issuance of Debt unless and until such
material modification has been approved by the Town as pazt of a Service Plan Amendment.
10. Dissolution. Upon an independent determination of the Town Council
that the purposes for which the Districts were created have been accomplished, .the Districts
agree to file petitions in the appropriate District Court .for dissolution, pursuant to the applicable
State statutes. In no event shall dissolution occur until the Districts have provided for the
payment or discharge of all their outstanding indebtedness and other financial obligations as
required pursuant to State statutes.
11. Disclosure to Purchasers. The Districts will use reasonable efforts to
assure that all developers of the property located within the Districts provide written notice to all
purchasers of property in the Districts regazding the Maximum Debt Mill Levy, as well as a
general description of the Districts' authority to impose and collect rates, fees, tolls and charges.
The form of notice shall be filed with the Town prior to the initial issuance of the Debt of the
Districts imposing the mill levy which is the subject of the Maximum Debt Mill Levy.
12. Service Plan Amendment Requirement. Actions of the Districts which
violate the limitations set forth in V.A.1-6 or in Section VI.B-G of the Service Plans shall be
deemed to be material modifications to the Service Plan and the Town shall be entitled to all.
remedies available under State and local law to enjoin such actions of the Districts.
13. Annual Report. The Districts shall be responsible for submitting an
annual report to the Town Manager's Office no later than August 1st of each yeaz following the
year in which the Order and Decree creating the Districts has been issued, containing the
information set forth in Section VII of the Service Plan.
14. Maximum Debt Mill Lew. The "Maximum Debt Mill Levy" shall be the
maximum mill levy the Districts are .permitted to impose upon the taxable property within the
District for payment of Debt, and shall be determined as follows:
(a) For the portion of any aggregate District's Debt which exceeds
50% of the District's' assessed valuation, the Maximum Debt Mill Levy for such portion of Debt
shall be fifty (50) mills less the number of mills necessary to pay unlimited mill levy Debt
described in Section VI.C.2 of the Service Plan; provided that if, on or after January 1, 2007,
there are changes in the method of calculating assessed valuation or any constitutionally
mandated tax credit, cut or abatement; the mill levy limitation applicable to such Debt may be
increased or decreased to reflect such changes, such increases or decreases to be determined by
the Board in good faith (such determination to be binding and final) so that to the extent possible,
the actual tax revenues generated by the mill levy, as adjusted for changes occurring after
January 1, 2007, aze neither diminished nor enhanced as a result of such changes. For purposes
of the foregoing, a change in the ratio of actual valuation shall be deemed to be a change in the
method of calculating assessed valuation.
(b) For the portion of any aggregate District's Debt which is equal to
or less than 50% of the District's assessed valuation, either on the date of issuance or at any time
thereafter, the mill levy to be imposed to repay such portion of Debt shall not be subject to the
Maximum Debt Mill Levy and, as a result, the mill levy may be such amount as is necessary to
pay the Debt service on such Debt, without limitation of rate.
(c) For purposes of the foregoing, once Debt has been determined to
be within Section VILC.2 of the Service Plan, so that the District is entitled to pledge to its
payment an unlimited ad valorem mill levy, the District may provide that such Debt shall remain
secured by such unlimited mill levy, notwithstanding any subsequent change in the District's
Debt to assessed ratio. All Debt issued by the District must be issued in compliance with the
requirements of Section 32-1-1101, C.R.S. and all other requirements of State law.
To the extent that the District is composed of or subsequently organized into one
or more subdistricts as permitted under Section 32-1-1101, C.R.S., the term "District" as used
herein shall be deemed to refer. to the District and to each such subdistrict separately, so that each
of the subdistricts shall be treated as a separate, independent district for purposes of the
application of this definition.
15. Maximum Debt Mill Levy Imposition Term. The Districts shall not
impose a levy for repayment of any and all Debt (or use the proceeds of any mill levy for
repayment of Debt) on any single property developed for residential uses which exceeds forty
(40) years after the year of the initial imposition of such mill levy unless a majority of the Board
of Directors of the District are residents of the District and have voted in favor of a refunding of
apart or all of the Debt and such refunding will result in a net present value savings as set forth
in Section 11-56-101, C.R.S.; et seq.
16. Notices. All notices, demands, requests or other communications to be
sent by one party to the other hereunder or required by law shall be in writing and shall be
deemed to have been validly given or served by delivery of same in person to the address or by
courier delivery, via United Parcel Service or other nationally recognized overnight air courier
service, or by depositing same in the United States mail, postage prepaid, addressed as follows:
To the Districts: Solaris Metropolitan District No. 1
Solaris Metropolitan District No. 2
Solaris Metropolitan District No. 3
1805 Shea Center Drive, Suite 100
Highlands Ranch, CO 80129
Attn: William P. Ankele, Esq.
Phone: (303) $58-1800
Fax: (303) 858-1801
To the Town: Town of Vail
75 S. Frontage Road
Vail, CO 81657
Attn: Matt Mire, Town Attorney
Phone: (970) 479-2460
Fax: (970) 479-2157
4
All notices, demands, requests or other communications shall be effective upon such
personal delivery or one (1) business day after being deposited with United Parcel Service or
other nationally recognized overnight air courier service or three (3) business days after deposit
in the United States mail. By giving the other party hereto at least ten (10) days written notice
thereof in accordance with the provisions hereof, each of the Parties shall have the right from
time to time to change its address.
16. Amendment.. This Agreement may be amended, modified, changed, or
terminated in whole or in part only by a written agreement duly authorized and executed by the
Parties hereto and without amendment to the Service Plan.
17. Assi ent. No Party hereto shall assign any of its rights nor delegate
any of its duties hereunder to any person or entity without having first obtained the prior written
consent of all other Parties, which consent will not be unreasonably withheld. Any purported
assignment or delegation in violation of the provisions hereof shall be void and ineffectual.
18. Default/Remedies. In the event of a breach or default of this Agreement
by any Party, the non-defaulting Parties shall be entitled to exercise all remedies available at law
or in equity, specifically including suits for specific performance and/or monetary damages. In
the event of any proceeding to enforce the terms, covenants or conditions hereof, the prevailing
Party/Parties in such proceeding shall be entitled to obtain as part of its judgment or award its
reasonable attorneys' fees.
19. Governing Law and Venue. This Agreement shall be governed and
construed under the laws of the State of Colorado,
20. Inurement. Each of the terms, covenants and conditions hereof shall be
binding upon and inure to the benefit of the Parties hereto and their respective successors and
assigns.
21. Inte ation. This Agreement constitutes the entire agreement between the
Parties with respect to the matters addressed herein. All prior discussions and negotiations
regarding the subject matter hereof are merged herein.
22. Parties Interested Herein. Nothing expressed or implied in this Agreement
is intended or shall be construed to confer upon, or to give to, any person other than the Districts _
and the Town any right, remedy, or claim under or by reason of this Agreement or any
covenants, terms, conditions, or provisions thereof, and all the covenants, terms, conditions, and
provisions in this Agreement by and on behalf of the Districts and the Town shall be for the sole
and exclusive benefit of the Districts and the Town.
23. Severability. If any covenant, term, .condition, or provision under this
Agreement shall, for any reason, be held to be invalid or unenforceable, the invalidity or
unenforceability of such covenant, term, condition, or provision shall not affect any other
provision contained herein, the intention being that such provisions are severable.
5
24. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall constitute an original and all of which shall constitute one and
the same document.
25. Paragraph Headier. Paragraph headings are .inserted for convenience of
reference only.
26. Defined Terms. Capitalized terms used herein and not otherwise defined
shall have the meanings ascribed to them in the Service Plan.
SOLARIS METROPOLITAN DISTRICT NO. 1
By:
President
SOLARIS METROPOLITAN DISTRICT N0.2
By:
President
SOLARIS METROPOLITAN DISTRICT N0.3
By:
President
TOWN OF VAIL, COLORADO
By:_
Mayor
APPROVED AS TO FORM:
Town Attorney
Attest:
By:
Secretary
Attest:
By:
Secretary
Attest:
By:
Secretary
Attest:
By:
Its:
6
TOWN OF VAIL
REVENUE HIGHLIGHTS
March 29, 2007
Sales Tax
The year is off to a good start with tax collections for February year-to-date estimated at
$5.5 million up approximately 6.6% from the same period in 2006. February collections
estimated at $2.7 will be up 7.2% from February 2006, which was the previous high for
the month. For comparison, inflation as measured by the consumer price index was up
just 2.4% in February.
Ski Lift Tax
Similarly, ski lift tax collections for the year-to-date through February are up 8.4% from
last year. The ski season to date (November -February) is up 5.2%.
Construction Permit Fee Revenue
Construction permit revenue, which can be considered an indicator of redevelopment
activity, is off to a good start in 2007. Year-to-date construction permit fees of $316,109
include $217,831 from major construction projects: the Arrabelle at Vail Square, Four
Seasons, Lodge Tower, Mountain View (formerly Apollo Park), Ritz Carlton, and Vail
Plaza Hotel. This is a 67% increase in total over the first two months of 2006, with the
major projects accounting for approximately 69% of the fees in 2007 and 67% in 2006.
Construction permit fees include building, electrical, mechanical, plumbing and sprinkler
permits.
Real estate Transfer Tax (RETT)
Year-to-date RETT collections through March 28, 2007, total $1.3 million compared with
$1.2 million for the same time period last year, an increase of 7.4%. Major
redevelopment projects including Gore Creek Place and Forest Place contributed
$202,500 or 16% of the total in 2007 while no major redevelopment projects closed in the
first quarter of 2006.
070403 Revenue~Highlights - 1 -
7bWNOFYAIL
March 22, 2007
JANUARY 2007
VAIL BUSINESS REVIEW
Overall January sales tax increased 5.9% with Retail increasing S.3°Io, Lodging increased 11.9%, Food and
Beverage increased 5.2°Io and Utilities/Other (which is mainly utilities but also includes taxable services and
rentals) decreased 10.4oIo.
Town of Vail sales tax forms, the Vail Business Review and the sales tax worksheet are available on the Internet
at www.vailgov.com. You can subscribe to have the Vail Business Review and the sales tax worksheet e-mailed
to you automatically from www.vail~ov.com.
Please remember when reading the Vail Business Review that it is produced from sales tax collections, as
opposed to actual gross sales.
If you have any questions or comments please feel free to call me at (970) 479-2125 or Judy Camp at (970) 479-
2119.
Sincerely,
c.~.~C.~
Sally Lorton
Sales Tax Administrator
January 2007 SALES TAX
VAIL VILLAGE
Retail
Lodging
Food &
Beverage
Other
Total
January
2006
Collections January
2007
Collections January
Change
419y916 424,639 1.1
426,622 499,485 17.1 % ,
364,535 396,919 8.9% ,
11,807 7,493 -36.5%
1,222,880 1,328,536 8.6% ~
LIONSHEAD
January January January
2006 2007
Collections Collections Change
~~
Retail
145,492
150,568 ,
3.5 /°
Lodging i
300,183
326,037 ~
8.6%
Food &
Beverage 81,754 85,259 4.3%°
Other 6,889 7,897 14.6%
Total ~ 534,318 569,761 6.6%
January 2007 SALES TAX
CASCADE VILLAGE/EAST VAIUSANDSTONE/WEST VAIL
January January January
2006 2007
Retail
.Lodging
Food &
Beverage
Other
Total
~.vnectivns ~.vnecuvns ~.nany~
195,105 225,338 15.5%
213,206 226,252 6.1
97,32fi 89,259 -8.3%
5,391 5,403 0.2%'
i --
511,028 546,252 6.9%
OUT OF TOWN
January January January
2006 2007
Retail
Lodging
Food &
Beverage
Utilities &
Other
Total
~,vneciivns _ ~.vnectwns ~.nan_c~
39,180 41,877 6.9%
9,384 10,880 15.9%'.
1,88fi 2,381 26.2%'
279,189 250,929 -10.1
329,639 306,067 -7.2%
_- - -
January 2007 SALES TAX
TOTAL
January
2006
Retail
Lodging
Food &
Beverage
Utilities &
Other
Total
January
2007
January
~.viieciivns
799,693
949,395
~.vneciivns ~.nanc~
842,422 5.3%
1,062,fi54 11.9%
! 545,501 573,818 5.2%
303,276 271,722 -10.4%
~- - ---
2,597,865 2,750,616 5.9%
RETAIL SUMMARY
January
2006
Collections January
2007
Collections January
%
Chan e
FOOD 144,274 160,933 11.5%
LIQUOR 34,638 38,833 12.1%
APPAREL 103,574 105,505 1.9%
SPORT 374,597 378,397 1.0%
JEWELRY 26,559 31,224 17.6%
GIFT 14,593 15,667 7.4%
GALLERY 9,735 .15,591 60.2%
OTHER 90,922 95,732 5.3%
HOME 801 540 -32.6%
OCCUPATION
TOTAL 799,693 842,422 5.3%
MEMORANDUM
March 27,.2007
To: Vail Town Council
Stan Zemler
Pam Brandmeyer
Judy Camp
From: Sally Lorton
Re: February Sales Tax
On the reverse side please find the latest sales tax worksheet. I estimate I'll collect
another $47,000.00 in February sales tax to bring February collections to $2,708,767.00.
If so, we will be up 12.08% or $291,898.00 from budget and up 7.19% or $181,637.00
from February 2006. The ski season (November -February) will be up 7.68% or
$644,248.00.
February lift tax is up 2.8% or $18,485.00 from February 2006. The ski season
(November -February) is up 5.2% or $100,993.00.
onth
996
997
996
999 2000
001
002 Town of Vail
Sales Tax Worksheet
3/27/2007
2003 2004
005
006
udget
C/unye % Gwnye
2007 BudB.r Jiwn nw„
CO//BCbOI13 Ve~lines ZO06 g~yg.t
January 1,935,782 2,052,569 2,115,359 2,066,459 2,034,529 2,210,547 2,073,481 1,997,091 2,225,841 2,275,967 2,597,985 2,484,585 2,751,905 267,320 5.92% 10.76%
February 1,993,389 2,089,673 2,153,121 2,021,4$6 2,223,670 2,366,321 2,281,833 2.111,163 2,362,825 2,429,377 2,527,130 2.416,869 2,661,767 244,898 5.33% 10.73%
Total 3,929,171 4,142,24? 4,268,480 4.087,945 4.258,199 4.576,868 4.355.314 4,108.254 4,538,666 4.705,344 5,125.115 4.91,454 5,413 672 51?,718 5 ~,a4, 1iiq~,%
March 2,240,865 2,580,992 2,368,077 2,415,202 2,545,573 2,568,871 2,699,664 2,372,942 2,344,178 2,785,101 2,852,954 2,728,545
April 966,993 874,427 1,107,334 952,843 926,771 1,043,431 870,875 871,468 992,157 915,554 1,280,324 1,224,558
May 318,920 329,783 382,718 370,864 388,121 448,234 414,248 428,919 411,595 458,770 449,283 429,747
June 594,907 630,366 633,400 692,811 721,774 751,439 657,707 742,755 732,113 834,913 805,362 770,187
July 963,717 1,043,637 1,107,882 1,130,883 1,235,470. 1,157,867 1,044,966 1;075,532 1,128,514 1,166,183 1,255,243 1,200,524
August 990,650 1,073,430 1,183,926 1,050,004 1,038,516 1,124,275 1,084,318 1,029,446 994,445 993,985 1,055,614 1,009,670
September 630,453 637,831 735,608 806,600 817,313 747,766 713,574 679,208 757,033 795,807 832,549 796,263
October 413,573 472,836 515,531 536,204 547,201 486,570 484,425 508,092 532,537 566,173 614,396 .586,933
November 601,208 707,166 656,596 582,260 691,445 571,783 642,293 591,269 623,646 713,117 799,582 762,393
December 2,068,851 2,254,709 2,070,834 1,883,805 2,062,205 1,933,940 2.139,417 2,171,098 2,362,095 2,549.032 2,771,258 2,639,726
Total 13, 719, 308 14, 747,419 15,030,386 14, 509,421 15, 232, 588 15,411,044 15,106, 801 14, 578,983 15,466,979 16,483,979 17, 841,680 17,050,000