HomeMy WebLinkAboutTown Council Highlights 120407Memorandum to File
March 2, 2009
Planner: Warren Campbell
The information contained in this file pertains to the
discussion which occurred regarding the collocation of a
transit center and employee housing on the North Day Lot.
After several design iterations and multiple public reviews it
was determined that .the Town did not want to pursue
anything more than skier drop-off and employee housing on
the site, both of which were obligation of Vail resorts from
the Arabelle project. These items are included with the
approved plans for the North Day Lot simply to serve as a
history for future inquiries regarding the North Day Lot.
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EGE is making it even easier for guests to experience more of the Vail Valley by offering
daily, non-stop service to Dallas/Ft.Worth in the fall. This means nearly ten months of
continuous service into and ou t of the Vail Valley. Meyers emphasized the success and
continued growth in the use of summer air service. Fall flights will take longer to become
profitable and not require a subsidy. For more information, contact Kelli McDonald at
479-2454.
--First reading of Ordinance No. 37, Series of 2007, An Ordinance Adopting .a Use Tax
on Construction and Building Materials; Amending Title 2, Revenue and Finance, Vail
Town Code with the Addition of Chapter 8 "Use Tax on Construction and Buiilding
Materials"
Town Attorney Matt Mire explained the construction use tax ballot question approved by
Vail voters on November 6'h gave Council the authority to implement a four percent tax
on building and construction materials consumed or used in the Town of Vaill. Proceeds
of the tax are to be used exclusively for capital acquisitions an d capital projects in the
town. Implementation of the tax is accomplished by two readings of an ordinance which
sets the policy and administrative details relating to the tax. Hitt clarified the ifirst $10,000
of all projects would be exempted. It was reported the Vail Local Housing Authority
(VLHA) recommended no exemptions be made for affordable housing. Hitt moved to
approve the ordinance with Rogers seconding. During a pause for public cornment,
Stephen Connolly asked how the ordinance would apply to duplexes. Mire explained the
exemption was based on individual building permits. "The exemption applies equally to
everyone in the community." Former Mayor Bob Armour clarified building permit
applicants would not be able to avoid the cost of the tax by applying for multiple building
permits for a single project. Dominic Mauriello clarified minor amendments to projects
would not be subject to the tax. Mire subsequently referred Mauriello to Section 2-8-3 of
the Ordinance. "If any approval expires by its terms after January 1, 2008, such
application for development review shall then be subject to the use tax imposed by this
Chapter." Carol Alleman asked for clarification in the method used to determine project
valuations. Council then discussed considerations f or potential refunds for dE:ed
restricted employee housing. The motion passed unanimously, 7-0. For details, contact
Matt Mire at 479-2460 .
--Consideration of an amendment to the 2004 Core Site Development Improvement
Agreement in regard to housing obligations
Due to a predetermined conflict of interest (Vail Resorts affiliation), Gordon recused
himself from the item and left the Council Chambers. Zemler began the discussion by
saying, "We are seeing significant improvements in the facilities and services available in
LionsHead through the development of Arrabelle...That is certainly in the town's best
interest...The North Day Lot represents new, incremental housing for the community...lt
requires they move forward with diligence and they move forward with good faith."
Rogers spoke in favor of Vail Resorts pursuing apay-in-lieu option. Foley asked if the
Council Members present in 2004 believed the current situation is how they envisioned
the process unfolding. Cleveland responded, "Our issue now is to resolve thES problem
not talk about how we got here... It's in nobody's best interest that the Arrabelle stay
closed...This gets us to where we are trying to go...lt seems to me the detaiNs can be
worked out...lt seems there needs to be trust on each side... If all we pursued was pay-
in-lieu, we would be putting Vail Resorts burden of housing on the shou Iders of the Town
of Vail." Newbury interjected, "We can't set them (Vail Resorts) up for failure~...l also
think it is important we are not tying our hands." Hitt commented, "If they don't submit by
March 30, we cash the letter of credit...Then we call it a day and we move on and
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hopefully everyone has learned some lessons from it." Community Development Director
George Ruther said it was a realistic expectation that the development review process
for a North Day Lot project could be accomplished in eight months. During public
comment, Kaye Ferry clarified that any pay-in-lieu option would include a consumer
price index adjustment. She then asked, "Why is Ever Vail not an option for housing?"
Dave Chapin clarified 120 employee beds were required to fulfill Vail Resorts employee
housing requirement for the Arrabe Ile at Vail Square. Vail Resorts Development
Company President Keith Fernandez stated, "Our last desire is that the letter of credit
would be the cashed... We feel confident we can have a plan by March 1...And we think
we can live with some of the other dates that have been proposed...) appreciate all of
your efforts and we seek resolution." Representing the Vai I Village Homeowners'
Association Jim Lamont stated, "I hope this is the beginning of a new beginning and we
move smartly on." Tom Neyens commented, "I've appreciated the Arrabelle being closed
as my business has prospered...) know people who own (property) around the North
Day Lot and I'm not so sure how that will go over." Packy Walker stated, "Thirty years
ago we dropped the ball on housing ...You are going to find this winter to be very telling
for this town because there are not going to be any employees to run it." Carol Alleman
said, "We have continually ignored the topic of employee housing...Our whole
community is in a crisis...You can't even get bad people to apply for yourjobs...l think it
is totally wrong to let Vail Resorts off on this issue." Dana Johnson requested strict
timelines and penalties be imposed on Vail Resorts if they were unable to provide their
required housing. Hitt then moved, "to make an amendment to the Core Site
Development Improvement Agreement to work with diligence and in good faith to obtain
appropriate development application approvals for the North Day Lot no later than
October 31, 2008. If appropriate approval is obtained by October 31, 2008, Vail Resorts
will commence construction on the North day Lot no later than May 1, 2009. Upon
issuance of a TCO for the North Day Lot project, the Letter of Credit (LOC) will be
returned to Vail Resorts." The motion did not receive a second. Neyens then encouraged
Council to support the housing requirement being met somewhere other than the North
Day Lot as potential litigation m fight delay the actual supply of employee housing.
Fernandez said, "I'm concerned that we would be taking a lot of alternatives off the
table...) can't understand what would be lost by not having those options...There are
some planning issues on North Day that are out of our control." Town legal
representative Malcom Murray informed Council, "You can always amend arr agreement
you have entered into." Council agreed to call a special meeting at 2 p.m. December 11,
2007. Daly moved to continue negot iations with Newbury seconding. Walker expressed
concern the proposal would provide no new housing for three to five years. The motion
passed 4-2, with Foley and Hitt opposed. For more information, contact Stan Zemler at
479-2106.
--The applicant, the Town of Vail, is requesting a first reading of Ordinance 33, Series of
2007, an Ordinance to enact prescribed regulation amendments to Title 12, Vail Town
Code, to require public art for certain new development and redevelopment projects in
Lionshead Mixed Use 1, Lionshead Mixed Use 2, Public Accommodations, Public
Accommodations 2, Commercial Core 1, Commercial Core 2, Commercial Core 3, Ski
Base Recreation, and Ski Base Recreation 2
Daly moved to approve the ordinance with Rogers seconding. Newbury asked if
variances could be gran ted. Mire stated it was a zoning issue and variances would be
difficult. Cleveland spoke in vehement opposition to the ordinance. "I think this is
contrary to what government is supposed to do." AIPP Board Member Doe Brown spoke
in support of the ordinance and said it would help eliminate developer confusion in