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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. 1 • 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. 2 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, 3 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. 4 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 t 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 $7700 Images follow .~.. .~_ .. Fy, ~K ~r .q ~„R ~ ~~ ~t! i f~ f4 ~n r1. ce ~ f - ~l.s V . `~.~~,.: ,~, ~,..4 ~ ,~ rh r~ w ~ ~ '1 ~r ~ ~ . _ i . fryyr' ~ :~ f ~ m4~. ~ + .. ~ - , ..! dpP ~ '~~ ~~ ~~~ ~~ k~ {~~~.:_ . % `$ ~~ ~ $~~r ,... _ ; 6w~~~.~tjjj44yy~I L '.ry` AJf.~tCru..- Y Y~ -i ... . ~ ~~ ~ •~.~' yw • ~ ~~ ~ . ~ ~, y z , ~ ~ 4 W. ~ r .}~~'~\ ~ ^f~ .k. ~ =y'. 4 1~ '1 ~~d ~ ~~ r F ~ ~ °~ .Z ~.~ i r? t t"~ L '~ s ~ ~ ~,t~~ ~ alp ~ ~`~.. . N~ ~~~ti~l, ti5 ~a~B~N ~ ~ ~ ~~/l o l y '~.~ ;.. P4'~" ~" `. _I '•~/{rjfiY4~~R's~• ~ ~~ ,~ `~`d ~ .fix', • ~ ~~,, ~ , ~ ~'' '~,r,.ti¢~ r ~~r ry~'`~7~~ati'"' r r ~,~ ) ^j~ w~ .~. ~~`p. 4. ~y~ ~ to ~~`~~./ 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