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HomeMy WebLinkAbout2008-04-01 Support Documentation Town Council Evening Session PART 1 OF 4 ? ' P~. . VAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.Nl., TUESDAY, APRIL 1, 2008 NOTE: Times of items are approximate, subject to change, and . cannot be relied upon to determine at what time Council wiil consider an item. 1. ITEM/TOPIC: Citizen Input. (20 min.) 2. ITEeVI/'i'OPIC: Town Manager's Report. (10 min.) 3. ITEMITOPIC: Consent Agenda. (5 min.) a. Approval of 03.04.08 and 03.18.08 minutes. 4. Pam Brandmeyer ITEflfl/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. (10 min.) ACTtON REQUESTED OF COUNCIL: 1) Appoint two applicants to the B&FCAB for a term of five years (through March 31, 2013); two to the regular board (there is no applicant for the alternate position). 2) Appoint four applicants to the PEC for a term of two years each (through March 31, 2010). 3) Appoint three applicants to the DRB for a term of two years each (through March 31, 2010). 4) Appoint three applicants to the AIPP for a term of three years each (through March 31, 2011) Note: There were only three applicants for four open seats on the AIPP board). BACKGROUND RATIONALE: There are currently three vacancies for the B&FCAB (two regular board member and one aiternate), four vacancies for PEC, three vacancies for DRB and four vacancies for AIPP. The Town received two,(2) applications for the B&FCAB; five (5) applications for the PEC; three (3) applications for the DRB vacancies and three (3) applications for the AIPP (leaving one open position). ? 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 two applicants to the B&FCAB, four applicants to the PEC; three applicants to the DRB and three applicants to the AIPP at the evening meeting. The applicants are as follows: PEC: DRB: Anne Gunion* Michael Dantas* Roland Kjesbo* Peter Dunning* William Pierce* Elizabeth Plante* Sarah Robinson Paladino Susie Tjossem* AIPP: B&FCAB: Cookie Flaum Kathy Langenwalter* Susan Frampton* Rich Seth* James Poppell (Rich was an Alternate) 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. RECOMMEPIDATION: Appoint a total of two members to the B&FCAB to five year terms; four members to the PEC for two- year terms each; three members to the DRB for two-year terms each; and three members to the AIPP for three-year terms each. 5. Kathleen Halloran ITEIVI/TOPtC: First Reading of Ordinance No. 7, Series of 2008, an Ordinance making supptemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real estate Transfer tax Fund, Heavy Equipment fund, and Dispatch Services Fund of the 2008 Budget for the Town of Vail Colorado; and authorizing the expenditures of said appropriations as set forth herein; and setting forth details in regard thereto. (10 min.) ACTION REQIDESTED OF COUNCIL: Ask any questions or give any comments regarding the 1 St supplemental of 2008, Ordinance No. 7, Series of 2008. An ordinance making supplemental appropriations to the Town of Vail 2008 budget, in preparation for approving the first reading during the evening session. BACKGROUiVD RATIONALE: To be provided in a separate memo. STAFF REC0MMENDAYION: Staff recommends that the Town Council approves Ordinance No. 7, Series of 2008, upon first reading this evening. P 6. Bill Gibson ITEM/TOPIC: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval, with conditions, of a variance request from Section 12-6C-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an addition within the west side setback, located at 2570 Bald Mountain Road/Lot 33, Block 2, Vail Village Filing 13, and setting forth details in regard thereto. (45 min.) ACTION REQUESTED OF COUNCIL: Uphold, overturn, or modify the Planning and Environmental Commission's approval, with conditions, of the variance application pursuant to Section 12-3-3, Appeals, Vail Town Code. BACKGROUND RATIONALE: On February 25, 2008, the Planning and Environmental Commission approved, with conditions, a variance request from Section 12-6C-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an addition within the west side setback, located at 2570 Bald Mountain Road/Lot 33, Block 2, Vail Village Filing 13, and setting forth details in regard thereto. The Vail Town Council "called-up" this Planning and Environmental Commission's action at its March 4, 2008, public hearing by a vote of 7-0-0. STAFF RECOMMENDATION: Staff recommends the Town Council upholds the Planning and Environmental Commission's decision. 7. ITEM/TOPBC: Adjournment. (7:40 p.m.) IVOTE 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 15, 2008 IN THE VAIL TOWN COUNClL CHAMBERS. , ,t r Vail Town Council Meeting Minutes Tuesday, March 4, 2008 6:00 P.M. . Vail Town Council Chambers The regular meetdng of the Vail Town Councif was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor . Andy Daly Mark Gordon Farrow Hitt Kevin Foley Kim Newbury Margaret Rogers Farrow Hitt StafF Mernbers: Stan Zemfer, Town Manager Matt Mire, Town Attomey The first item on the agenda was Citizen Input. Bi41 Hanlon recommended Council employ golf course planningiarchitecturai professiona{s to examine how the golf course could be aitered to accommodate an empfoyee housing development. Chris Fitzgerald encouraged Council to change its terminofogy to "affordable housing" as opposed to "employee housing." He then recommended Council consult with individuals on the town's master housing lottery list to gain a sense of what the future homebuyers want in terms of housing product. This information, he said, would be useful in the Chamonix site master planning process. The second item on the agenda was the Consent Agenda. a. Approval of 02.05.08 & 02.19.08 Minutes. Foley moved to approve the minutes with Rogers seconding. The motion passed unanimously, 7-0. The third item on the agenda was the Town Manager's Report. ~ ~•j • Proposed Agenda for Vail Town Meeting, March 11.- Silverthorn reviewed a proposed agenda for the annual town meeting to be held from 5 to 7 p.m. March 11 at Donovan Pavilion. • Revenue Update. Budget and Financial Reporting Manager Kathleen Halloran reported when all sales tax returns are received for the month of January, collections for the month are expected to be $2.9 million, up 6% from January, 2007. For comparison, inflation as measured by the consumer price index was up 4.2% compared with the prior year. Use tax collections began as of January 1, 2008. As of February 27, collections total $7,032. Construction permit revenue currently totals $71.5K, down 82% from this time last year. The decrease is due to a major project starting last year; there were only a small amount of permit fees from on-going major projects in 2008. RETT collections through February 26, 2008, total $647,448. This amount is a 35% decrease from last year's February primarily due to non-major redevelopment projects. Major redevelopment projects such as Arrabelle, Forest Place, and Vail Plaza account for 34% of year-to-date 2008 collections. RETT collections for 2007 (including cash received in 2008) now total $6.9M, or 11 % higher than full year 2006. Major redevelopment projects including Arrabelle, Cascade Residences, Forest Place, Gore Creek Place, Manor Vail, One Willow Bridge Road, Vail Plaza Hotel, and Westhaven at Cascade Village contributed $2.4 million or 35% of the total in 2007 while only $1 million or 17% of the total in 2006 consisted of major redevelopment projects. Meanwhile, RETT collections from property transfers not related to major redevelopment projects dropped by 14% in 2007 compared with 2006. • Road Closure Update. In regard to the town's response to extended I-70 road closures, Zemler outlined new tactics and strategies that will be used to mitigate life safety concerns and traffic congestion. Those efforts include activation of an Emergency Operations Center for additional coordination, using Ford Park as a checkpoint for local traffic to East Vail, additional use of variable messages signs by CDOT and a public awareness campaign to promote the Eagle County alert system for real-time road condition information. It was then reported that a tabletop emergency exercise would take place in the spring and that meetings are underway to create a comprehensive incident management plan involving multiple agencies throughout Eagle County. In response to a question about radio communication, Police Commander Susan Douglas said all of the town emergency services personnel were able to communicate with each other on the town's radio system. Dick Cleveland said the town would be hosting a public meeting within the next month to get suggestions from residents on ways to improve the situation during extended I-70 closures. "This is an opportunity 2 to get some new input from residents on how this incident management plan would work." • Eagle County Request for Letters of Support. Eagle County Manager Bruce Baumgartner asked for Council's support to pursue federal funding for the Eagle County Airport I-70 Interchange/Construction proposal. Baumgartner explained traffic from the Eagle County Airport contributes to the morning and evening failures (congestion) of the Town of Eagle's roundabouts. "One million dollars is required to continue engineering on the project through 2008-2009." Daly asked why all capital improvements needed at the airport were not consolidated. Baumgartner explained funding for the various projects occurred through numerous funding sources. Newbury asked how much time travelers could expect to save through construction of a new interchange. Hitt asked if the interchange proposat was the same as what was presented to Council in years past. Newbury asked Public Works Director Greg Hall, if this funding request impacted Vail's chances of receiving federal funds for other projects in the future. Hall said it could increase competition for new funds. Foley asked if the county would return on March 18 to provide more information about the proposal. Gordon then moved to table the discussion with Foley seconding. The motion passed 6-1, Hitt opposed. Baumgartner then asked for Council's support to pursue federal funding to assist the Town of Red Cliff. "The current wastewater planYs discharge is in violation of state standards on almost a daily basis...lt's also clearly a health and safety issue...The town is subject to fines of up to $10,000 a day for almost every day it is in violation...They (Red Cliff residents) have very limited abilities to deal with* a problem like this." Rogers moved to approve sending a letter in support of the $1 million federal funding request with Daly seconding. During a pause for public comment, Tom Steinberg spoke in support of sending the letter. The motion passed unanimously, 7-0. • Next, Zemler reminded Council of the upcoming Vail Veterans Soldiers dinner at the Main Vail Fire Station on March 8. The fourth item on the agenda was a Council on information gathered from focus group and neighborhood meetings held on February 7, 2008 and February 13, 2008. Staff is also requested Council take formal action to re- affirm, with modifications, the planning goals and design parameters adopted by Council on January 22, 2008. Planner Scot Hunn asked Council to reaffirm, or modify, the planning goals and design parameters adopted by the Town Council on January 22, 2008, based on staff's recommendations and based on information gathered from focus group participants and from the neighborhood meeting attendees. On February 3 7, 2008, staff and the consultant team held a series of "focus group" meetings with local employees, employers, emergency services providers and Town Staff to discuss the current project. On February 13, 2008, staff and the consultant team held a"neighborhood meeting" to share information about the current master plan project with the public, and to gather information to be considered in the design of the project. Hunn confirmed that Council's goals were in alignment with the mood of the public. He also noted there may need to be rental housing in coordination with the public facilities (separate accommodations for student firefighters). Hunn then noted, "Potential users of the housing do not support a pedestrian access thoroughfare through the property." Daly clarified one bedroom units should not be a priority as they are difficult to sell. "We should keep all our options open as we are in an exploratory stage." Cleveland commented, "We are just asking if rental.housing should be an option?" He then emphasized that the property's uses should be maximized but the quality of life of the neighborhood should not be jeopardized. Foley clarified once there is an approved master ptan on the site the appropriate zoning would be enacted. Zemler said a focus group with individuals from the Master Resale Lottery List would be assembled and demand measured. During a pause for public comment, Kaye Ferry said there was no need to build four bedroom units and there was small demand for one bedrooms. Chris Fitzgerald asked how many people were on Master Resale Lottery List. Housing Coordinator Nina Timm confirmed 33 people are on the one and finro bedroom list. Tom Steinberg encouraged Council to look at rental units and make them available to other districts in the valley (ambulance, Eagle River Water & Sanitation District). Daly moved to reaffirm the Council's goals with Rogers seconding. The motion passed unanimously, 7-0. The fifth item on the agenda was a Timber Ridge Redevelopment Update. Council reviewed an overview of the Housing (H) Zone District provided by staff in a memo. Zemler reported that in anticipation of purchasing and redeveloping the Timber Ridge site, Lincoln Property Company Southwest was requesting consideration of the following development alternatives: 1. To construct employee housing units at a floor area rate of 250 square feet per employee, rather than a rate of 350 square feet as required by the Vail Town Code. 2. To allow twenty-five percent (25%) of the total units on the Timber Ridge site to be free-market dwelling units, rather than deed restricted employee housing units. 3. To establish five-year rental leases as an employee housing mitigation, rather than providing the mitigation through the methods required by the Vail Town Code. The town acquired Timber Ridge in 2003 and permanently deed restricted the property with the requirement to maintain 600 affordable rental beds. It is the . 4 ~ intention of the town to enter into an agreement with Lincoln Property Company Southwest to purchase and redevelop the subject property. Open/Hospitality partners representative Mark Masinter stated, "The latest numbers (redevelopment costs) reflect just north of $107 million...We're pretty sure this is a solid number...The type of units used for this estimate were four bedroom and finro bath." In regard to using leases to mitigate for employee housing, Daly commented, "I don't feel it meets our long term objectives for employee housing requirements." Lincoln Properties Southwest (LPS) representative Jeff Courtwright said there needs to be a basis reduction so rents can be maintained at acceptable levels. Rogers said, "We do not want to diminish the statutory requirements of the town to buy affordable housing." Cleveland said he was opposed to adding some sort of lease mechanism to mitigate for employee housing. Gordon asked if the Council could act as some sort of partner or have an ownership stake in the property. Courtwright commented, "We need the financial motivation (basis reduction) to get the rents to the place they need to be." LPS used a$2,500 per month rent estimate in their project pro forma. They stated their goal was to offer $1,700 per month rent for a four bedroom unit. During a pause for public comment, Kaye Ferry said she thought $2,500 per month rental amount was an acceptable market amount for Vail today and suggested rejecting what she said was a push by Vail Resorts to keep rents at $1,700 per month. She then spoke against selling the land. Representing the Vail Village Homeowners Association, Jim Lamont suggested creating a simpler model. He then wamed of a potential recession impacting the project's viability. Tom Steinberg said, "I strongly feel we should not be selling the land." Paul Rondeau encouraged Council to establish core principles and use those to drive project requirements. "Stick to some principles, and focus on your process." Gwen Scalpello asked what would occur when it was time to redevelop the project in the future. "I would hate to - see one of you standing up here in twenty years saying, 'Oh dear, we have to buy that property (again)' to preserve employee housing." Cleveland then clarified the following points had met Council consensus: 250 square feet per employee is acceptable; ability to market lease up to 25% of the units if there are not enough eligible renters; it is appropriate to consider an additional mechanism (i.e. reservation fees) to satisfy employee housing requirements. The sixth item on the agenda was the First reading of Ordinance No. 4, Series of 2008, an ordinance amending Section 12-14-20, Commercial Core Construction, Vail Town Code, to allow for the extension of the commercial core temporary construction signage for businesses. Planner Warren Campbell reported that on May 3, 2005, the Town Council adopted Section 12-14-20, Commercial Core Construction, Vail Town Code, through Ordinance No. 10, Series of 2005. These regulations facilitated the installation of temporary construction mitigation signs and fencing within the Town's commercial areas to lessen the impact of redevelopment construction on the Town's businesses, residents, and guests. These regulations are 5 v scheduled to expire on April 1, 2008. On February 25, 2008, the PEC voted 7- 0-0 to forward a recommendation of approval for text amendments to extend the approval of the Commercial Core Construction regulations until April 1, , 2010. Newbury moved to approve the ordinance with Daly seconding. The motion passed unanimously, 6-0. Hitt left the Council Meeting prior to the item due to illness. The seventh item on the agenda was the Second reading of Ordinance No. 6, Series of 2008, An Ordinance Amending Title 6, Chapter 3, Article D, Regarding Offenses Against Public Peace. Due to public transportation disturbances the Town of Vail Police Depaatment ' and the Bus Department requested an amendment to Title 6, Chapter 3, of the Town Code to add a subsection that is similar to the C.R.S §18-9-114 for the council's consideration. Daly moved to approve the ordinance with Rogers seconding. The motion passed unanimously, 6-0. For more information, contact Matt Mire at 479-2460. The eighth item on the agenda was Resolution No. 2, Series of 2008, A Resolution Approving a Master Facilities Lease Agreement with the Vail Recreation District (VRD). The town and the VRD entered into a master facilities lease agreement on December 21, 1993, for all recreation facilities owned by the town and operated by the VRD, exclusive of the Vail Golf Course and the Vail Gymnastics Facility. . The parties now desire to execute a new master lease regarding the same facilities contemplated in the 1993 lease. On February 19th the Council held a work session, provided comments on the draft lease and directed staff to present the same at the Council's next evening meeting for public comment and approval. Daly moved to approve the resolution with Rogers seconding. . During a pause for public comment, VRD Chairman Scott Proper thanked staff and Council for their diligent effort. Foley then thanked the VRD Board and staff. The motion passed unanimously, 6-0. The ninth item on the agenda was Resolution No. 4, Series of 2008. A Resolution Approving the Amended 2008 Budget for the Vail Local Marketing District (VLMD). Earlier in the day the VLMDAC presented the 2008 marketing objectives and creative samples for VLMD review. In addition, a request was made for an allocation of $250,000 from the VLMD fund balance for new tactics to enhance the 2008 summer marketing effort, including: Mountain Travel Symposium Vail 365 event; Colorado Tourism Office New York City public relations event, partnered events with Outside GO and Mountain Living magazines; new video and photography for the existing library; incremental destination online media 6 ? buys; an opportunity fund to address changing market conditions and two additional FAM (familiarization) trips to bring qualified meeting planners to Vail. Newbury moved to approve the resolution with Rogers seconding. The motion passed 5-1, with Foley opposed. The tenth item on the agenda was Resolution Number 5, Series of 2008. A resolution amending the Intergovernmental Agreement befinreen the Town of Vail and Solaris Nietropolitan Districts 1, 2, & 3. The Town of Vail and Solaris Metropolitan District Nos. 1, 2, and 3(the "Districts") entered into an Intergovemmental Agreement (the "IGA") on March 22, 2007, in accordance with the terms of the Districts' Service Plan approved by the town on September 19, 2006. The IGA was executed while the Districts were operating under the initial Service Plan, which imposed a debt cap of twenty million dollars ($20,000,000). The town subsequently amended the service plan in order to raise the debt cap to forty million dollars ($40,000,000). The town approved the amended service plan in April, 2007. The IGA was not revised when the town approved the amended service plan and needs to be modified to reflect the terms of the amended service plan and the appropriate debt. Daly asked about the impact the debt would have upon the homeowners. Solaris Metropolitan District representative Reed Weily said the mill levy would be similar to an amount found commonly in Beaver Creek. Newbury moved to approve the resolution with Foley seconding. The eleventh item on the agenda was Adjoumment. Foley moved to adjoum with Newbury seconding at approximately 9:10 p.m. The motion passed unanimously, 6-0. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk 7 y Minutes provided by Corey Swisher. g / Vail Town Council Special Meeting Minutes Tuesday, March 18, 2008 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cieveland. Members present: Dick Cleveland, Mayor Andy Daly Mark Gordon Farrow Hitt Kevin Foley Kim Newbury Margaret Rogers Staff IlAembers: Stan Zemler, Town Manager Matt Mire, Town Attorney Hitt was not present at the beginning of the meeting. The first item on the agenda was Citizen Input. Vail Resorts senior vice president and chief operating officer John Garnsey introduced the company's new Epic pass. The pass is an unrestricted season pass that's valid for the 2008-2009 ski and snowboard season at Vail, Beaver Creek, Breckenridge, Keystone and Heavenly, all for an initial price of $579. "We want to reward those loyal customers who have been coming here for many years and to develop brand Ioyalty...We are rewarding the people who make a commitment to come to the Vail Valley before the season starts...This product will blend out the season...Merchant passes will still be available, but at a better price...We believe the impact on peak periods will be relatively insignificant. We believe at the end of the day it's a good thing for this valley...We are willing to walk away from it if it causes more bad things than good things." Daly expressed concern the increased pass sales would create more . days of parking on the frontage road. Rogers asked if research supported the removal of restrictions on the number of days a pass holder could ski. Gordon asked if the incremental number of skier days would be increased. Garnsey responded, "The whole purpose of this is to drive visitation to the non-peak." Newbury asked that the company advise the town regarding pass sales on a regular basis to help plan for whatever service and staffing adjustments may be necessary. Daly asked Garnsey to return to Council in 30 days with a contingency parking plan. "The traffic situation we are being told by our citizens is intolerable." During a pause for public input, Billy Suarez expressed concern that any increased traffic or parking congestion would be unmanageable. "A one percent increase in what we have already is too much without ` a plan." Ann Johnson requested Vail Resorts report how many passes are sold out of state and in state to help with the planning. Tommy Neyens spoke in support of the pass but expressed concern about increased parking. Susie Tjossem said local 1 ~ businesses are suffering due to a lack of parking. She suggested blocking off two layers of parking in the Village structure until 11 a.m. as an experiment to determine if better options for shoppers and diners could be created. The second item on the agenda was recognition of former Council Members Greg Moffet and Kent Logan. Daly read proclamations honoring the service of former Council members Greg Moffet and Kent Logan. Moffet jokingly said, "I would do it all again much to the chagrin to some of you." Logan said the current Council faced challenges similar to those in 2003 when the town was considering redevelopment. "The challenges today are equally as daunting...The future is certainly uncertain Revenue projections are too optimistic. There will be an accident in this period...There is going to be a redevelopment project that is half done...Any non-essential capital expenditure should be postponed...There is a time to play offense and there is a time to play defense. Now is the time to play defense." The third item on the agenda was a Battle Mountain High School Hockey and ProStart Teams Recognition. Council recognized the two high school groups for their recent achievements. The ProStart culinary team was recently crowned State Champions for the third year in a row. They were last year's National Champions (first from the State of Colorado). They are now preparing for the 2008 National Competition. Their State Championship is the result of countless hours of preparation and attention to detail and due to great local support. The Hockey Team finished the season as Conference Champions. They were undefeated in conference play (12-0) and 20-3-0 overall. Their dedication and the extra work with morning strength training sessions along with their afternoon practices paid dividends in their results during both the regular and post season. Though they lost in double overtime 3-2 in the State Championship game, as a fan so wisely put it from the team who won the game, "There were no winners or losers in that game. There were finro really good teams and one of them just had to put the puck in the net one more time to end it." The fourth item on the agenda was the Town Manager's Report. • I-70 Overlay Project Update. Public Works Director Greg Hall explained bids had been opened for the I-70 paving project through Vail, and although higher than estimated, CDOT has agreed to move forward with the project beginning in April. Atl work will take place in the evenings so as to avoid long traffic delays encountered during the 2007 construction season. Daly thanked Hall for working so diligently with CDOT on the planning. The fifth item on the agenda was the LionsHead Parking Structure and Conference Center Update. Proposed project developer and Open/Hillwood Partners representative Mark Masinter provided Council with an update on the LionsHead Parking Structure project plan including proposed changes in the conference center space and status of the deed restriction held by Vail Resorts. The LionsHead Parking Structure Development 2 / Improvement Agreement between the Town of Vail and Open/Hillwood called for the following actions: • By February 13, 2008, revised Conference Center proposal to be submitted. • By March 15, 2008, project plan including schematic, architectural, intemal and external layouts of the project to be submitted for approval by the Council. • Project plan submittal deadline above may be extended by either party to no later than September 15, 2008. Masinter's update to the Town Council included the following: • Reconfiguration of the W Hotel and St. Regis Hotel on the site to better accommodate development needs. W Hotel is proposed to have 160 keys, plus 58 condos; St. Regis would have 80 keys, 72 condos and 25 fractional fee units. An estimated 217 employee housing beds are anticipated to be required of the project. • 2,038 parking stalls (1,639 public), up from 1,150 spaces in use today. • Retocation and enlargement of the proposed conference center from 34,000 square feet to 37,560 square feet to adjoin the two hotels with the addition of a 200-seat learning center lecture hall. • The addition of a Denver Art Museum annex. • 90,000 square feet of retail space. • Transit center • Visitor information center. During discussion Rogers asked if Vail Resorts was willing to release its deed restriction on the property. Masinter responded, "They've given us no indication that they will stand in the way...They want us to commit to delivering what we have proposed." Daly wanted assurance that financing is in place. "In my mind, we can't put any more time or energy into this project until the deed restriction is removed and an irrevocable funding commitment to make this project move forward has been identified." Foley clarified there was no planned on-site employee housing. Gordon applauded Masinter for the numerous project improvements. "We need the Ever Vail parking structure built and we need to get Ever Vail." (The project can't go forward until additional parking in West LionsHead is created). Masinter assured Council he had adequate financial resources to make the project happen. Cleveland said he was concerned the project relied on the completion of the Ever Vail parking structure. Mire explained the project plan would be a milestone in the development improvement agreement. Daly asked Ruther if he believed Masinter's presentation materials met the town's requirement of a project plan. "Do we believe this meets the project plan requirements laid out in the agreement?" Ruther said yes, but added that additional detail on certain aspects of the project would be helpful (i.e., internal circulation of the conference center). Daly asked Masinter to continue working with Vail Resorts so they could clarify any issues surrounding the deed restriction. During a pause for public comment, Rob LeVine, general manager of the Antlers, spoke in support of the proposed conference center. "I'm excited about the learning center and the contribution it will make to the community." LionsHead business owner Tommy Neyens urged Council to move forward with due diligence. He then clarified that eminent domain could be used to address the deed restriction issue. Paul.Rondeau asked for clarification on a point in the project plan. Keith Odza, representing a Vail lodging committee, asked to see more conference center detail to determine if it truly meets 3 ~ the needs of the local lodging community. Mire urged Council not to impose artificial deadlines on the project. Council agreed to allow Open/Hillwood to continue to progress and operate under terms of the present agreement. Gordon asked Council to take an active role in encouraging Vail Resorts to lift the deed restriction. Hitt entered the Council Chambers at approximately, 6:10 p.m. The sixth item on the agenda was the Timber Ridge Redevelopment Proposal. Mark Masinter appeared before Council to provide a progress report on negotiations befinreen the town and his development partner, Lincoln Property Southwest, regarding the proposed sale and redevelopment of a portion of the Timber Ridge housing complex. Following a 45-day negotiation period, which had been underway since Jan. 22, most Council members said they would be unwilling to sell the land to the deyeloper as proposed. That sentiment was also expressed by community members during the public comment period. Also, additional complexities were identified that caused the Council to express concern over the long-term affordability of the rental rate structure and the overall financing of the project. The developer had offered to purchase two-thirds of the site, or 6.2 acres, for $13.2 million. The town began entertaining the redevelopment concept in the fall of 2007 when the developer proposed Timber Ridge as a way to satisfy an employee housing requirement that would be tied to a redevelopment plan for the LionsHead parking structure. A development improvement agreement signed on Sept. 18, 2007, between the town and the developer authorized consideration of the Timber Ridge redevelopment plan as a component of the overall agreement between the finro parties. The proposal included the construction of 316 units for a total of 1,264 deed-restricted beds. Lincoln Properties Southwest representative Jeff Courtwright assured Council there would not • be a windfall profit on the proposed project. "Only a project returning 30% is considered a windfall and 20% is projected for our Timber Ridge proposal." Daly asked for an updated pro-forma for the project. "One-hundred-thousand dollars in earnest money on a$107,000,000 project doesn't seem like a lot of commitment...We expected a draft contract from you to examine this evening." Masinter explained $3 to $4 million would be spent to go through with the redevelopment process. Courtwright said he rarely puts down more than 1% of the purchase price of the property when undertaking a project. Daly said the town should own the architectural drawings if the project does not go forward. Daly clarified that 100% of the property would be deed restricted workforce housing. Masinter reported Vail Resorts and Vail Valley Medical Center had shown interest in master leasing a large number of the apartments. While discussing pro-forma development and project specifications, Courtwright said, "It takes away our ability to be flexible to the market at the time...Making commitments to specific numbers makes me nervous." Newbury encouraged renting or selling units first to those on the town's master resale lottery list. Masinter then clarified the project would require a construction use tax exemption. Cleveland, Foley and Daly said they could not support a proposal where the land would be for sale. When referring to the status of the property's deed restriction in the event of a bankruptcy, Mire clarified, "Those types of restrictive covenants generally would not survive foreclosure." During the public comment period, Vail Local Housing Authority (VLHA) member Steve Lindstrom encouraged Council to maintain ownership of the land. "Let's look long-term and then figure out what to do about it." Paul Rondeau asked how the developer would fulfill his employee housing requirement for the LionsHead parking structure proposal if the Timber Ridge proposal did not materialize. Mire said the applicant would simply 4 J have to conform to Vail's current zoning laws. Kaye Ferry spoke in support of not selling the property and only allowing Vail employees to live in the project. She then spoke in favor of controlling rents. Tom Steinberg encouraged Council to not sell the property. Gwen Scalpello said she was afraid the developer was driving the train. Representing the Vail Village Homeowners Association, Jim Lamont encouraged project flexibility. "I think it would be disingenuous for Council to make a deal without releasing an appraisal...Perhaps we should work on a new deal based on a different reality...This deal has gone stale." Michael Hecht spoke in support of retaining ownership of the property. "You must reopen the project to the RFP process on a very broad basis." Cleveland said the property appraisal would be released to the public prior to any closing on the parcel. Rogers spoke in support of master planning the property. Hitt said public sentiment supported maintaining ownership of the land. Daly said he was uncomfortable with the process as he had become involved mid-stream. He then commented he could not support a proposal where the land would be sold. Newbury encouraged Council to explore the possibility of a land lease. Foley said the number-one priority for the town is the strategic housing plan. "What do we want to do for our community...How can we achieve that?" Cleveland finished the conversation by stating "I think this project is dead Nobody knows what the long term impacts will be for Vail...l think we would be foolish to sell the land." Rogers moved to discontinue negotiations with Open/Hillwood/Lincoln Properties Southwest with Foley seconding. The vote was 6 to 1 in favor with Gordon opposed. Gordon then encouraged taking a site visit to Timber Ridge so they could inspect current living conditions. The seventh item on the agenda was a Eagle River Water and Sanitation District (ERWSD)/ Town of Vail Joint Project IGA. Town Engineer Town Kassmel reported ERWSD is replacing the water and sewer lines in Beaver Dam Road and Beaver Dam Circle this year. "The town needs to complete budgeted drainage and road improvements along Beaver Dam Road and Beaver Dam Circle. It is in the best interest of both the town and ERWSD to complete the projects simultaneously using one contractor. The town and ERWSD have been working on the construction drawings for these projects and plan to open public bids on March 26th. It is in both agencies' best interest to have ERWSD hold the contract with the selected contractor and complete all of the improvements and have the Town of Vail reimburse ERWSD for the town's drainage and roadway improvements. This project has been budgeted within the Capital Street Maintenance Budget." Newbury moved to direct staff to enter into an Inter-Governmental Agreement between the ERWSD and the Town of Vail once construction bids have been reviewed and a contractor has been selected by ERWSD with Daly seconding. The motion passed unanimously, 7-0. The eighth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail PEC's and the Town of Vail DRB's respective approvals of a major exterior alteration application, based upon Section 12-713-7, Exterior Alterations or Modifications, and Chapter 11, Design Review, Vail Town Code, to allow for a remodel and addition to the existing Rucksack Condominiums Building and Scott Building (aka the "Bridge Street Building"), located at 288 Bridge Street, part of Lot C and Lot D, Vail Village Filing 1. Ruther stated that according to written requests from the Appellant and the attorney representing the Bridge Street Building, LLC., (developer), staff requested Council 5 C table the public hearing to consider the above referenced appeal • to their regular meeting of April 1, 2008, in order to allow the finro parties to work toward a mutually agreed upon resolution of design related issues being appealed. On March 4, 2008, Council voted unanimously to table the public hearing to consider the aforementioned appeal to their regularly scheduled meeting of March 18, 2008. Rogers moved to table the item until April 1 with Daly seconding. The motion passed unanimously, 7-0. The ninth item on the agenda was the First reading of Ordinance No. 5, Series of 2008,. an ordinance approving a major amendment to Special Development District (SDD) No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the development of a mixed use development, located at 1276 Westhaven Drive (Cornerstone site). According to written requests from the applicant, LO Westhaven, Inc., Staff requested Council table the public hearing to consider first reading of Ordinance No. 5, Series of 2008, to their regular meeting of April 1, 2008. On January 28, 2008, the PEC voted unanimously to forward a recommendation for approval, with conditions, of an application for a major amendment to Special Development District No. 4, Vail Cascade, pursuant to Section 12-9A-10, Amendment.Procedures, Vail Town Code, to allow for the development of the Cornerstone Site. On February 19, 2008, the Vail Town Council held a public hearing to consider Ordinance No. 5, Series of 2008, an ordinance approving a major amendment to SDD No. 4, Cascade Village, on first reading. At that meeting Council voted unanimously to table the public hearing to their regularly scheduled meeting of March 18, 2008. The applicant has submitted a subsequent request to table the hearing once more. Newbury moved to table the item until April 15 with Daly seconding. Foley said he wanted to know the status of Cascade Village's employee housing obligations. The motion passed unanimously, 7-0. The tenth item on the agenda was the Second reading of Ordinance No. 4, Series of 2008, an ordinance amending Section 12-14-20, Commercial Core Construction, Vail Town Code, to allow for the extension of the commercial core temporary construction signage for businesses. - On May 3, 2005, the Town Council adopted Section 12-14-20, Commercial Core Construction, Vail Town Code, through Ordinance No. 10, Series of 2005. These regulations facilitated the installation of temporary construction mitigation signs and fencing within the Town's commercial areas to lessen the impact of redevelopment construction on the Town's businesses, residents, and guests. These regulations are scheduled to expire on April 1, 2008. On February 25, 2008, the PEC voted 7-0-0 to forward a recommendation of approval for text amendments to extend the approval of the Commercial Core Construction regulations until April 1, 2010. On March 4, 2008, the Town Council approved Ordinance No. 4, Series of 2008, on first reading by a vote of 6-0-0. Staff recommended Council approve Ordinance No. 4, Series of 2008, on second reading. Newbury moved to approve the ordinance with Foley seconding. The motion passed unanimously, 7-0. The eleventh item on the agenda was Adjournment. Newbury moved to adjourn at approximately 10:30 p.m. with Foley seconding. 6 r Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk 7 JAMES & ALEXANDRA HILL 2605 Bald Mountain Road D Vail, Colorado 81657 2 I,~ March 19, 2008 TnWlil OF VAIML Mayor a.ud Council Towni of Vail 75 South Frontage Road Vail, Colorado 81657 Via facsimile: 970-479-2106 Re: West Unit, 2570 Bald MoLUitain Road, Variance Application Dear Mayor and Council: I know you will be considering tl-ie variance application for the West Unit at 2570 Bald Mountain Road at xour April l, 2008 meeting, and I ain writing in support of that application. My neiglibor, Ed Williains, has submitted his vaxiance application in order to add an additional bay to his garage, expanding it fiom a oiie car garage to a two car garage, and to enclose tl-ie existing breezeway wluch corulects tl-ie existing garage to tl-ie existing unit. Ed is seeking a variance because the addition will encroach into tl-ie setback. Ed and his architect Bill Hein nlet with ine during the design process to insLUe that any questions or concerns of mine were addressed. Many homes in the neighborhood, including the east side of tl-ie duplex, already have two car garages. The expansion of tl-ie existing garage will be in lceeping with the type of expansion which has already been coinpleted on the otlier half of the property and in tl-ie neighborhood in general, and will not constitute a special privilege for Ed William's i.ulit. The proposed expansion has been designed to minimize tl-ie visual impact on adjacent properties, and our property interests would not be harmed in any way by the garage expansion. Therefore, we hope that you will graizt Ed William's variance request. Res ectfu J nes R. Hill J la.in . cc: George Ruther, Community Development Director ~ ~C [E ~Y~ fx 6. . r~ %3 ~ u ~ P March 19, 2008 T01NN OF \lAlL __J Mayor and Council Town of Va i l 75 South Frontage Road Vail, CO 81657 Re: Variance Application for 2570 Bald Mountain Road, West Unit Dear Mayor and Councif: In your consideration of the variance application noted above at your April 1 S' meeting, please accept this as my support of this variance for our neighborhood. This application for the West Unit of 2570 Bald Mountain Road was submitted by my neighbor, Ed Williams, for expansion from a one car garage to a two car garage and to enclose the breezeway connecting the existing garage to the existing unit. While this addition will encroach into the setback, it will be in keeping with the type of expansion which has been completed in the neighborhood in general and on the other half of the duplex in particular. Many homes in the neighborhood already have two car garages. Ed addressed any questions I had, and I believe this variance will not constitute any special privilege for his unit: Our property interests will not be harmed in any way by the proposed garage expansion, which has been designed to minimize the visual impact on adjacent properties. I believe this addition will make the property more attractive and, as such, a benefit to the neighborhood. I appreciate your notice of my support in your consideration of the variance request. Your A. R O!ge 2605 Bal d in Ro Vail, CO 81cc: George Ruther, Community Development Director TENTATIVE AGENDA . PARK CITY- TOWN OF VAIL VISIT APRIL 2 - 4 2008 APRIL 2 6:30 a.m. Depart Vail for those riding CME 10:31 a.m. Depart DIA 12:01 p. m. Arrive Salt Lake City 12:30 p.m. Depart Salt Lake City via Shuttles 1 P.M. Check in at Marriott 1:30 p.m. Lunch on own- several options around Marriott 2:30 p.m. Welcome and Introductions at Marriott Overview of Park City Topical Presentations by City Staff Discussion 5 p.m. Reception at the Marriott 6 p.m. Dinner with City Staff/Elected Officials (dinner locations TBA) APRIL 3 7:30 a.m. Stan Zemler breakfast with Tom Bakaly, City Manager 7:30 a.m. Everyone else, breakfast on own (Marriott has a continental breakfast) 9 a.m. 1:1 meetings small/group discussions (you choose) Park City Fire Department (9 -11) Planning/Building Issues (10 - 11:30) Economic Development and Special Events (10 - 11:30) Transit/Park and RidelTransportation (9 - 11) Information Technology (9a -1:30p) Personnel Recruitment Issues (Park City Municipal, Park City Mountain Resort and Deer Valley) (9 -11) 11:30 a.m. Lunch and Tour of Silver Star Development Winner of Utah Heritage Foundation Preservation Award Issues: Redevelopment of Mine Sites, historic rehab, multi-use development that includes condominium hotel, on-site affordable housing, environmentally sensitive landscaping, Sundance Headquarters, Artist in Residence Program, mine clean-up OR 11:30 a.m. Lunch at Deer Valley and Ski with General Manager Bob Wheaton 1:30 p.m. Tour Opportunities (you choose): Recreation Services and Facilities (1:30 - 3) Tour of Historic Main Street by Park City Historic Society (2 - 4) Walkability Tour (Wayfinding, open space and trails) with Mountain Trails Foundation and City Staff (2 - 4) Green Building Tour of new Police Facility (2 - 4) 4:30 p.m. City Council Work Session - Housing Agenda Item 6 p.m. City Council Meeting - Workforce Housing Agenda Item 7:30 p.m. City Council adjourns to meet socially at a local watering hole, dinner and drinks. April 4 8 a.m. Stan Zemler Departs Park City via Shuttle 8:30 a.m. Continental Breakfast (Marriott or at the Chamber) Meeting with Chamber Bureau, Park City Mountain Resort, Deer Valley and City on cooperative relationships 10:30 a.m. Hotel check out 11 - Noon Free time and early lunch on own Noon Depart Park City via Shuttles 2:08 p.m. Depart Salt Lake City 3:39 p.m. Arrive DIA 4 p.m. Shuttle back to Vail , JANUARY 2008 VAIL B USINESS REVIEW T~OWN OF VAM) March 21, 2008 Overall January sales tax increased 5.3% with Retail increasing 2.0%, Lodging increased 6.5°Io, Food and Beverage increased 5.6% and Utilities/Other (which is mainly utilities but also includes taxable services and rentals) increased 9.8%. 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.vailgov.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, Sally Lorton Sales Tax Administrator January 2008 SALES TAX , VAIL VILLAGE January January January 2007 2008 % Collections Coilections Chan e Retail . 4241'644 . 408,937 -3.7% Lodging 474,424 : 482;008 1,6% Food & Beverage ` 3960919 440,517 0,9°l0 Other 7,08 , 91156 19.;901a Total 1 ,3431625 _ 1,300,61 8 LIOIIISHEAD January January January 2007 2008 °/a Collections Collections Chan e Retail 151,297 198,517 31.2°l0 Lodging - 326,$47 355101'9 8.6% Food & Beverage 86;838 . 122,672 41.3% Other 89262 10,534 27.5% Total 5731244. 686,742: 19.8%. P . January 2008 SALES TAX CASCADE VILLAGE/EAST VAIUSANDSTONE/WEST VAIL January January January 2007 2008 % Collections Collections Chan e . , . ~ . , . . - : Retai l 225;338-~° 2I 29454 . . , Lodging 238,939 . ; . Food & Beverage 89;259 ~ ,831'021 Other , 6,249 5,337: A4:6%4 Total :::.~557,456'' . ~J 539,751 -3.2°!0. OUT OF TOWN January January January ~ 2007 2008 % Collections Collections Chan e Retail 47;670 45,628".:.. -4:3°/a. - . . - Lodging , ; 40,664 . , 729970 Food & ' . Beverage 21631 ~ - 1,856 -29.5'°Ifl Utilities & ~ 257,856 282;319 9;5% . Other . , . , . Total January 2008 SALES TAX TOTAL January January January 2007 2008 % Collections Collections Chan e Retai l 848,949 ,865,536 2:0°IQ LOdging 1,078,545 111403936 6,5% Food & Beverage 575,647 , 6Q8,06+fi 5.,fi% Utilities & 280,005-307,346- 9.8°la Other Total ; 2,7839746 2,9290884, 5.3°l0 , ~ ` RETAIL SUMMARY January January January 2007 2008 % Collections Collections Chan e FOOD 161,141 148,645 -7.8% LIQUOR 38,842 48,071 23.8% APPAREL 105,858 111,014 4.9% SPORT 378,523 418,364 10.5% JEWELRY 31,224 29,261 -6.3% GIFT 16,132 10,836 -32.8% GALLERY 15,983 8,770 -45.1% OTHER 100,642 90,227 -10.3% HOME 604 348 -42.4% OCCUPATION TOTAL 848,949 865,536 2.0% MEMORANDUM March zs, Zoos 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 $79,000.00 in February sales tax to bring February collections to $3,050,885.00. If so, we will be up 12.22% or $332,242:00 from February 2007 and up 9.32% or $260,183.00 frorn budget. The ski season so far, November - February, will be up 5.3% or $477,895.00. February 20081ift tax is $762,187.00, up 11.86% or $80,827.00 from February 2007. For the ski season, November - February, lift tax is up 4.4% or $89,523.00 Town of Vail Sales 7ax Worksheet 3/24/2008 % CAs,W 9fCMiqs 2008 Budget Jrom hom Month 1997 7998 7999 2000 3007 2002 2003 2004 2005 7006 2007 Budget CO!/ectionS Vsdanca 2007 Budpst E ,r; , `~".~.,~.y~ < - r. Tx : ~ -~a~Z.~..a~k~~ January 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 2,783,306 2,857,079 2,930,051 72,972 5.27% 2.55% february 2,089,673 2,153,121 2,021,486 2,223,670 2,366,321 2.281,833 2,ttt,t63 2,362,825 2.429,377 2,527,130 2,718,643 2,790,702 2,971,885 181,783 9.32% 6.49% 11 ~ ~ ~~...T~ • x',r . ~ .s. ~i x' 3':^,~'; ~ ~ cg~a,, w. . OR, a. Total 4,142,242 4,268,480 4,087,945 4,258,199 4,576,868 4,355,314 4,108,254 4,588,666 4,705,344 5,125,115 5,501,949 5,647,781 5,901,936 254,155 7.27% 4.50% s- r:~ ~ r az t~• ~d~ ~ < March 2,580,992 2,368,077 2,415,202 2,545,573 2,568,971 2,699,664 2,372,942 2,344,178 2,785,107 2,852,954 2,986,446 3,165,608 April 874,427 1,107,334 952,843 926,771 1,043,431 870,875 871,468 992,157 915,554 1,280,324 1,330,740 1,266,005 May 329,783 382,718 370,864 388,121 448,234 474,248 428,919 411,595 458,770 449,283 545,874 560,317 June 630,366 633,400 692,811 721,774 751,439 657,707 742,755 732,113 834.913 805,362 953,017 978,261 July 1,043,637 1,107,882 1,130,883 1,235,470 1,157,867 t,044,966 1,075,532 1,128,514 1,166,183 1,255,243 1,265,781 1,299,143 August 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 7,162,746 1,193,373 September 637,831 735,608 806,600 817,313 747,766 713,574 679,208 757,033 795,807 832,549 908,318 932,237 October 472,836 575,531 536,204 547,201 486,570 484,425 508,092 532,537 566,173 614,396 688,519 704,751 November 707,166 656,596 582,260 691,445 571,783 642,293 591,269 623,646 713,117 799,582 747,877 790,267 December 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 2,821,871 2,862,263 ~e ~a ~EN,,. 7ota1 14,747,419 15,030,386 t4,509,421 15,232,588 75,471,044 15,106,801 t4,578,983 15,466,979 16,483,979 17,841,680 78,913,138 19,400,000