HomeMy WebLinkAbout2008 Vail Town Council Minutes
Vail Town Council Meeting Minutes
Tuesday, January 8, 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 Cleveland.
Members present: Dick Cleveland, Mayor
Andy Daly
Mark Gordon
Farrow Hitt
Kevin Foley
Kim Newbury
Not present: Margaret Rogers
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Asst. Town Manager
The first item on the agenda was Citizen Input.
Billy Suarez, owner of Billy's Island Grill in LionsHead, asked the town to consider the
return of a tree lighting ceremony in LionsHead for the 2008-09 holiday season. He then
said delivery trucks were being ticketed more than usual on West LionsHead Circle.
Representing homeowners on Bald Mountain Road, Barbie Christopher spoke in
opposi#ion to proposed changes in sand storage near the area. Cleveland explained the
issue had been reviewed during the work session and neighborhood concerns had been
addressed. Speaking on the same matter, resident Bob Ruder stated, "It's a community
and we would like to protect it."
Paul Rondeau asked for proactive transparency in regard to the town's reporting of
property tax collections.
Dick Cleveland called for a moment of silence for the recent passing of Pete Burnett, a
24-year employee of the town and its first Street & Roads Superintendent.
The second item on the agenda was the Consent Agenda.
Approval of 12.04.07, 12.11.07 & 12.18.07 Town Council Meeting Minutes
Newbury moved to approve the consent agenda with Foley seconding. The motion
passed unanimously, 6-0.
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The third item on the agenda was the Town Manager's Report.
• Introduction of Fire Chief Mark Miller.
Zemler introduced the new Fire Chief Mark Miller. While addressing Council, Miller said,
"I'm driven by change and challenges and there is plenty of that here." He then thanked
Police Chief Dwight Henninger for his efforts as acting Fire Chief. Zemler also said he
was greatly appreciative of Henninger's efforts as the Acting Fire Chief.
• Revenue Update.
Finance Director Judy Camp announced when all sales tax returns are received for the
month of November, collections for the month are expected to be $744,321, down 7%
from November 2006. If so, this will be the first month since June 2006 to register a
. year-over-year decline. November 2007 lacked snow and decreases in sales tax
revenue were evident in all segments of the town's economy. Year-to-date collections
estimated at $16.0 million, however, continue to exceed last year's year-to-date by 6.5%.
For comparison, inflation as measured by the consumer price index was up 4.3% in
November compared with the prior year. Construction permit revenue, which can be
considered an indicator of redevelopment activity, continues its strong trend with year-to-
date construction permit fees of $2.9 million through December 31, 2007, up 44% from
the same period last year. Year-to-date permit fees include $2.2 million from major
construction projects: 9 Vail Road, the Arrabelle at Vail Square, Cascade Hotel and
Residences, Forest Place, Four Seasons, Front Door, the Landmark, Lodge at
LionsHead, Manor Vail, Mountain View (formerly Apollo Park), Ritz Carlton, Solaris, Vail
Plaza Hotel, Westhaven Condominiums, and The Willows. Construction permit revenue
from major projects exceeds last year's revenue from that segment by 79%, while all
other projects contributed 11% less than in 2006. Construction permit fees include
building, electrical, mechanical, plumbing and sprinkler permits. A record $1.2 million in
recreational amenities fees was collected in 2007, compared with $117,501 for the full
year 2006. Contributing to this year's high revenue number are Cascade Residences,
Four Seasons, Mountain View, Ritz Carlton Residences, Solaris and The Willows.
Recreational amenities fees are applied to new residential square footage and deposited
to the Real Estate Transfer Tax Fund (RETT) to be used for open space, parks,
recreation, and environmental sustainability. With the majority of 2007 transactions
recorded, year-to-date RETT collections through December 31, 2007, total $6.2 million
with over $1 million received in December. As of today, RETT collections for 2007 are
essentially the same as full year 2006; however, some remittances for 2007 transactions
may still be in process. Major redevelopment projects including Forest Place, Gore
Creek Place, Manor Vail, One Willow Bridge Road, Vail Plaza Hotel, and Westhaven at
Cascade Village contributed $1.9 million or 31% of the total in 2007 while only $844,500
or 14% of the total in 2006 consisted of major redevelopment projects. Meanwhile, Real
Estate Transfer Tax (RETT) collections from property transfers not related to major
redevelopment projects dropped by 21 % in 2007 compared with 2006.
0 $4.3 million Vail Resorts Parking Obligation.
Mire reported the parking commitment from Vail Resorts has no expiration date.
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• Update on Emergency Traffic Management.
Police Chief Dwight Henninger reported during a recent Interstate 70 closure, 150
stranded motorists were housed in four shelters throughout Eagle County. He then
thanked all those who helped with assisting those stranded motorists. Henninger
explained Vail is impacted by the decision making of two separate CDOT regions. "They
do not always communicate in a synchronized manner... This was a worst case scenario
for timing and timing of the yeac." Cleveland said it may be incumbent upon Council to
enhance cooperation and communication with CDOT. During a pause for public
comment, Billy Suarez complimented the Police Department for its efforts during the
storm. Henninger encouraged local residents to sign up at www.ecalert.org for text
messages relating to local emergency matters.
Zemler reported the computer system in the Vail Village and LionsHead parking
structure has experienced a malfunction which caused multiple credit card charges for
the same transaction. He said the town is taking steps to reimburse customers for the
excess charges as well as any penalties incurred. A system bypass has been installed to
prevent future duplicate charges. He said the Town of Vail apologies for the
inconvenience and wishes to thank everyone for his or her patience.
The fourth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail
Town Code, of the Town of Vail PEC's denial 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 yard setback, located at 2570 Bald Mountain Road/Lot 33,
Block 2, Vail Village Filing 13.
Community Development Director George Ruther explained that on November 12, 2007,
the PEC denied the appellant's request for a variance from the setback standards at
2570 Bald Mountain Road by a vote of 7-0-0. On December 3, 2007, the appellant filed
an appeal of the PEC's decision. Pursuant to Sub-section 12-3-3-C-3, Vail Town Code,
"...A hearing shall be schedule to be heard before the Town Council on the appeal within
forty (40) calendar days of the appeal being filed. The Town Council may grant a
continuance to allow the parties additional time to obtain information. The continuance
shall be allowed for a period not fo exceed an additional thirty (30) calendar days..."
The appellant requested a continuance for this appeal. Newbury moved to table the item
until February 5, 2008 with Gordon seconding. The motion passed unanimously, 6-0.
The fifth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail
Town Code, of the Town of Vail PIEC's approval, with conditions, of a request for a final
review of a conditional use permit, pursuant to Section 12-71-1-4, Permitted and
Conditional Uses, Second Floor and Above, Vail Town Code, to allow for a business
office (real estate office) located at 7141Nest Lionshead Circle (Vail Marriott Mountain
Resort and Spa)/Lot 1, West Day Subdivision.
Due to a predetermined conflict of interest (Vail Resorts affiliation), Gordon recused
himself from the item and left the Council Chambers. Planner Nicole Peterson
announced that on November 26, 2007, the PEC approved, with conditions, a request
for a final review of a conditional use permit, pursuant to Section 12-7H-4, Permitted and
Conditional Uses, Second Floor and Above, Vail Town Code, to allow for a business
office (real estate office) located at 714 West Lionshead Circle (Vail Marriott Mountain
Resort and Spa), by a vote of 5-0-1 (Viele recused). On December 4, 2007, Council
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"called-up" (i.e. appealed) the PEC's action by a vote of 5-1-1 (Rogers opposed, Gordon
recused), due to a concern regarding the temporary loss of finro accommodation units
within the LMU-1 Zone District. Representing the applicant, Robert Foss asked for
approval on the matter. Daly moved to uphold the decision of the planning commission
approving the conditional use permit with the additional condition of an annual payment
of $3,300 per year to mitigate for lost sales tax with Foley seconding. Chief of Planning
Warren Campbell reported a full-size Ritz-Carlton model unit was built inside the former
Blockbuster space. Newbury said she would be voting against the item as it did not
coincide with the LionsHead Redevelopment Master Plan (No net loss of
accommodation units). Foley said he did not believe a real estate office belonged on the
sixth floor of a hotel. The motion passed 3-2, with Foley and Newbury opposed.
The sixth item on the agenda was the Second Reading of Ordinance No. 39, Series of
2007, an ordinance amending Section 12-2-2, Definitions, and Sub-Sections 12-76-2A,
Definitions (basement or garden level); 12-7B-3A, Definitions (first-floor or street level);
12-7H-2A, Definitions (basement or garden level); 12-7H-3A, Definitions (first-floor or
street level); 12-71-2A, Definitions (basement or garden level); 12-7K-3A, Definitions
(first-floor or street level), Vail Town Code, to allow for amendments to the definitions of
"Basement or Garden Level" and "First Floor or Street Level."
On December 18, 2007, Council approved Ordinance No. 39, Series of 2007, on first
reading by a vote of 7-0-0. Newbury moved to approve the ordinance with Daly
seconding. The motion passed unanimously, 6-0.
The seventh item on the agenda was the Second reading of Ordinance No. 40, Series
of 2007, an ordinance approving a major amendment to a SDD, pursuant to Section 12-
9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to SDD
No. 17, Rams-Horn Lodge Condominiums, for the specific purpose of allowing the
remodel and addition to the Rams-Horn Lodge Condominium building, located at 416
Vail Valley Drive; Lot A, Block 3 and Tract F, Vail Village 5th Filing (PEC07-0038).
Planner Scot Hunn announced that on November 26, 2007, the Town of Vail PEC held a
public hearing on a request for a major amendment to SDD No. 17, Rams-Horn Lodge
Condominiums, to allow for the remodel and addition to the Rams-Horn Lodge building.
Upon review of the request, the PEC voted 5-0-1 (Pierce recused) to forward a
• recommendation of approval, with conditions, of the request to amend SDD No. 17,
Rams-Horn Lodge Condominiums, to Council. Newbury moved to approve the
ordinance with Gordon seconding. The motion passed unanimously, 6-0.
The eighth item on the agenda was the Second Reading of Ordinance No. 41, Series of
2007, an ordinance repealing and re-enacting Ordinance No. 24, Series of 2004,
establishing SDDNo. 38, Manor Vail, and setting forth details in regard thereto. The
purpose of Ordinance No. 41, Series of 2007, is to allow for a change in the number of
dwelling units, located at 595 Vail Valley Drive, by combining finro approved units into a
single unit.
On December 10, 2007, the PEC held a public hearing on a request for a major
amendment to SDD No. 38, Manor Vail. The purpose of the major amendment is to
reduce the maximum number of allowable dwelling units from 139 to 138 dwelling units,
located at 595 Vail Valley Drive (Manor Vail Condominiums)/Lots A, B, & C, Vail Village
Filing 7. Upon review of the request, the PEC voted 6-0-0 to forward a recommendation
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of approval of the request to amend SDD No. 38, Manor Vail, to Council. On December
18, 2007, Council unanimously voted to approve Ordinance No. 41, Series of 2007,
upon first reading. Hitt moved to approve the ordinance with Daly seconding. The motion
passed unanimously, 6-0.
The ninth item on the agenda was the Second reading of Ordinance No. 42, Series
2007. An Ordinance Amending Title 6, Chapter 3, Vail Town Code, Regarding Criminal
Injury to Property, Larceny, Fraud and Related Offenses.
Effective July 1, 2007, Colorado statute provides that a charge of criminal injury to
property with a value less than one thousand dollars will be considered a misdemeanor
criminal matter. Additionally, effective July 1, 2007, Colorado Statute, provides
municipalities' additional power to prohibit larceny up to one thousand dollars. By
amending Title 6, Chapter 3, Vail Town Code, the Town Municipal Court will have
jurisdiction over these matters. Newbury moved to approve the ordinance with Foley
seconding. The motion passed unanimously, 6-0.
The tenth item on the agenda was the Second reading of Ordinance No. 43, Series
2007. An Ordinance Amending Title 7, Chapter 3, Vail Town Code, Regarding Parking
Infractions.
Mire explained the ordinance provided certain text amendments to the Vail Town Code
relating to the town's parking regulations that were necessary to more effectively enforce
current parking policies. Daly moved to approve the ordinance with Newbury seconding.
The motion passed unanimously, 6-0.
The eleventh item on the agenda was Resolution No. 1, Series of 2008, a resolution
designating a public place within the Town of Vail for the posting of notice for public
meetings of the Vail Town Council, Planning and Environmental Commission, Design
Review Board, and other boards, commissions, and authorities of the Town of Vail
Pursuant to Section 24-6-402(2)(c) of the C.R.S. as amended, provides that local public
bodies must give full and timely notice to the public of any meetings at which the
adoption of any proposed policy, position, resolution, rule, regulation, or formal action
occurs at which a majority or quorum of the body is in attendance, or is expected to be in
attendance. Newbury moved to approve the resolution with Daly seconding. The motion
passed unanimously, 6-0.
The twelfth item on the agenda was Adjournment.
Newbury moved to adjourn with Foley seconding at 7:15 p.m. The motion passed
unanimously, 6-0.
N
~O~~W....0~l.
.
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AA Dick Cleveland, Mayor
ATTEST:
5
Lorelei Donaldson, Town Clerk
Minutes provided by Corey Swisher.
6
Vail Town Council Meeting Minutes
Tuesday, January 22, 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 Cleveland.
Members present: Dick Cleveland, Mayor
Mark Gordon
Farrow Hitt
Kevin Foley
Kim Newbury
Margaret Rogers
Not present: Andy Daly
Staff Members: Stan Zemler, Town Manager ,
Pam Brandmeyer, Assistant Town Manager
Matt Mire, Town Attorney
The first item on the agenda was Citizen Input.
Packy Walker, general manager of the Lifthouse, expressed concerns about the
adequacy of skier drop-off locations in LionsHead.
Geoff Wright, general manager of Destination Resorts, also expressed concerns about
skier drop-off as well as loading and delivery problems in LionsHead.
Representing Montauk in LionsHead, Dimitri Souuorin also expressed concerns about
the lack of skier drop-off locations, which has caused unauthorized use of private
property as an alternative. Warren says the circumstance has led to heated exchanges
befinreen property owners and skiers as property owners were attempting to police their
property.
The second item on the agenda was the Town Manager's Report.
Colorado Chapter of the American Public Works Association (APWA) Award Winners
Assistant Town Manager Pam Brandmeyer reported the Town of Vail has been
' recognized for its award winning construction management programs by the Colorado
Chapter of the American Public Works Association. The town was recognized in two
categories: 1) Engineering/Construction Management for the Vail Construction
Inspection Team; and 2) Building Code Administration.
• Non-Golf Course Facilities Lease.
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Brandmeyer announced that in the near future staff would be bringing forward the first of
finro Vail Recreation District (VRD) leases, the Non-Golf Course Facilities lease, at the
Feb. 5 meeting for Council review. The previous Council approved a draft Memorandum
of Understanding (MOU) and draft Non-Golf Course Facilities lease on Nov. 6, 2007.
Terms of that MOU were: reference to five year budget joint funding obligations
(appropriated annually); 2007 funding commitments totaling $160,500; and that both
parties agreed "to use their best efforts over no longer than the next three months to
resolve the backlog of maintenance issues related to the Golf Course."
~ Ever Vail Update.
Community Development Director George Ruther reported the $1 billion Ever Vail
project will transform the 11-acre site, currently known as West LionsHead, into a
"green" multi-use resort village. The project will encompass approximately one million
square feet and include between 600,000 and 700,000 saleable square feet of
residential and commercial space. The site is currently occupied by Vail Mountain's
vehicle maintenance shop yard and warehouse, a retail and office complex and a former
gas station site. The new resort village plans call for 150-250 whole ownership
condominium units, 75-125 fractional ownership condominium units, a 100,000-square-
foot hotel, 100,000-150,000 square feet of commercial retail, office, and restaurant
space and a 100,000-square-foot mountain operations facility. The project will also
include a gondola to serve as the fifth base portal to Vail Mountain, a public park and a
new public parking structure and approximately 50,000 square feet of employee
housing. Ruther then explained the Simba Run underpass project would be considered
along with the Ever Vail project.
• LionsHead Parking Structure Redevelopment Update.
Ruther explained redevelopment of the parking structure continued in accordance to a
timeline developed in the fall of 2007. Vail Resorts still holds a deed restriction on the
property which ensures the property will always hold a parking component.
• North Day Lot Update.
Ruther clarified the LionsHead Redevelopment Master Plan required the site to have a
transportation component. "At this time there is no reason the applicant won't be able to
respond favorably to the Master Plan requirements."
• I-70 Berm/Chain-Down Station Update.
Public Works Director Greg Hall described the Colorado Department of Transportation's
(CDOT) most recent plans for a chain-down area on I-70 in the vicinity of Bald Mountain
Road. Neighborhood representative Rob Ford requested Council become more involved
in influencing where the proposed chain-down area would be located. Ford also
indicated the neighborhood's support for continuing the berm project.
The third item on the agenda was the Planning and Environmental Commission (PEC)
/Design Review Board (DRB) Update.
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During a review of the most recent meetings of the PEC and DRB, Chief of Planning
Warren Campbell answered questions regarding the latest proposals to go before the
finro boards. No specific items of interest were discussed.
The fourth item on the agenda was the Information Update.
There was none.
The fifth item on the agenda was Matters from Mayor & Council.
Foley announced the Eagle County Regional Transportation Authority (ECO) intended to
begin discussions regarding traffic flow on the upper deck of the Vail Village Parking
structure. He then recommended installing heat tape on the west side of the Vail Town
Hall roof to address ice buildup. Foley also questioned if CenturyTel was providing
adequate Wi-Fi service in the LionsHead area. He finished his comments by thanking
staff for installing a coat rack in the Council Chambers and also praised the town's
parking attendants and snowplow drivers for their diligent efforts during the recent storms.
. Hitt questioned the town's ability to improve skier drop-off availability in LionsHead. "We
don't have any temporary relief for this winter?... It should truly be unacceptable... We
should not be content with the way things are right now... we need to consider in more
detail the ramifications that result from postponing developers mitigating agreements
such as the skier drop off that was to be in place prior to granting Temporary Certificates
of Occupancy (TCO's) for approved projects. This could have helped to alleviate the
traffic cluster Vail is experiencing at Concert Hall Plaza where skier drop off has been
combined with ECO buses, in-town buses as well as delivery trucks...We have too much
going on in such a little space." Newbury commented, "It seems like there are too many
uses in a small area over there." Cleveland said it may be time to have Vail Resorts
utilize their guest services staff to help facilitate skier drop-off.
Gordon complimented the Art in Public Places (AIPP) board as their recent public art
events (illuminated ice sculptures and Heavy Metal Weekend) had been very successful.
The sixth item on the agenda was an Update on the progress made on the Chamonix
Site Master Plan project.
Planner Scot Hunn reported that on Jan. 8, staff conducted a"kick-off' meeting with the
Council to: 1) Introduce the Consultant Team to the Council and to present a brief
overview of relevant, regional work by the Team (power point presentation); 2) Discuss
previous master plan efforts and current opportunities for the Chamonix Site; 3) Discuss
and clarify goals, objectives and "parameters" for the project; 4) Establish expectations
for the project and roles of Council, Staff and Advisory Committee; and, 5) Appoint
representatives to the Advisory Committee. On Jan.16, staff held a"kick-off' meeting
with the Chamonix Site Master Plan Advisory Committee to review the existing, adopted
master plan for the site and to discuss new opportunities apparent on the site. Also at
this meeting, the committee formulated recommendations for the parameters to be used
in the planning and design process. Gordon thanked Hunn for the update. Gordon
commented, "This is going to be a great location for family housing." During a pause for
public comment, advisory committee member Bob Armour said, "We really had a good
meeting...All of the oars were pulling in the same direction." He then encouraged
Council to better utilize the Vail Local Housing Authority (VLHA). Hunn said the master
planning process should take four to six months. Council then agreed with the provided
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list of ten goals and design parameters outlined in the memo provided in the Council
packet.
The seventh item on the agenda was a Timber Ridge Pro Forma Review.
Saying the need for additional employee housing in Vail is now reaching crisis
proportions, the Vail Town Council agreed to pursue a redevelopment agreement to
build additional employee housing on the town-owned Timber Ridge property. After
reviewing the proposal submitted by Open Hospital ity/H illwood Capital Partners, the
Council voted 5-1, Rogers opposed, to direct town staff to spend the next 45 days
negotiating a development agreement with the company that would include an equity
partnership by the town. Gordon moved to proceed with Newbury seconding. The
deadline for submittal of the agreement for Council review and final approval is March
18. Open/Hillwood has offered to purchase two-thirds of the site, or 6.2 acres, for $13.2
million. The proposal includes the construction of 316 employee housing units that would
accommodate 1,264 beds. Monthly rental rates are projected at $2,280 for a four-
bedroom unit. Representing Open/Hillwood, Mark Masinter summarized a letter of intent
for the proposed terms and conditions for the acquisition, development and.operation for
the proposed employee housing. Applicant representative Jeff Cortwright commented,
"What this (pro-forma) is supposed to show is with the lower cost of construction (wood
framing) you are getting the most efficiency...You get the maximum number of units for
the lowest cost." Masinter continued, "From our prospective, it gives you a lot of
optionality... and it enables Vail Resorts to have some housing in place during the first
phase of construction This is not going to be a dorm...lt's going to be a project the
town can be very proud of... We think there will be enough market demand that we will
not require reservation fees...lf someone wants a reservation fee to lock in a long term
rental that's what we are going to do." During a pause for public comment, Vail Local
Housing Authority (VLHA) member Steve Lindstrom asked if Council had explored any
land-lease models. Gordon emphasized, "I want to see this property deed restricted for
the perpetuity of the use (work force housing)... Even if we sell the property we want to
make sure the use never changes." Kaye Ferry stated, "We want to make sure we don't
leave anything on the table with this deal... affordable housing needs increase every time
we have a new project come up in this town...That site has to be maximized." Rogers
remarked, "We have just one opportunity to get this thing done right...l think it is
irresponsible to proceed with this project before knowing what our needs are... We don't
even know what the property is worth... No one in this room would sell a piece of
property without knowing what it is worth... We may very well have to subsidize it to get
what we need...l won't support this motion until we take a step back." In regard to
workforce housing, Hitt lamented, "Our other partner in town has not produced one
pillow of employee housing and have had three years to do so. We have a company who
is ready willing and able to start on Timber Ridge and begin construction in the near
future. We have businesses throughout town including our town government, hotels;
lodges and restaurants as well as other mom and pop businesses that cannot get
enough employees to operate The time to do something is now, not three years down
the road...Timber Ridge will be just one of many projects aimed at addressing our lack
of employee housing available in our town. We cannot afford to wait any longer." Zemler
confirmed an appraisal process for the property was underway. The motion passed, 5-1,
with Rogers opposed.
The eighth item on the agenda was a reading of Emergency Ordinance No. 2, Series
2008, An Emergency Ordinance Approving the Sale of Property owned by Town of Vail
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Described as Unit #201-A, Alltair Vail Inn, Also Known as 4192 Spruce Way #201-A,
Vail, Colorado 81637.
Town Attorney Matt Mire announced that on Dec. 18, 2007 the Council released two
deed restricted employee housing units at the Bell Tower. On Jan. 3, 2008 the town
purchased Condominium Unit 201-A, Altair Vail Inn for a purchase price of $178,650.00
to be sold to a person currently listed on the town's master resale lottery list. The town
was under contract to sell the property on Jan. 24, 2008 to the designated purchaser.
This emergency ordinance was crafted to ensure the town met that closing date.
Newbury moved to approve the motion with Rogers seconding.
The ninth item on the agenda was Adjournment.
Newbury moved to adjourn with Foley seconding at approximately 7:30 p.m. The motion
passed unanimously, 6-0.
N'0
• •
; Dick Cleveland, Mayor
L
. ~
ATTEST:
~
~
Lorelei Donaldson, Town Clerk
Minutes provided by Corey Swisher.
5
Vail Town Council Meeting Minutes
Tuesday, February 5, 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 Cleveland.
Members present: Dick Cleveland, Mayor
Andy Daly
Mark Gordon
Farrow Hitt
Kevin Foley
Kim Newbury
Margaret Rogers
Farrow Hitt
Staff Members: Stan Zemler, Town Manager
Pam Brandmeyer, Assistant Town Manager
Matt Mire, Town Attorney
The first item on the agenda was Citizen Input.
Tommy Neyens asked for increased potice presence in LionsHead. He then asked for
additional lighting on the north end of the LionsHead Mall.
The second item on the agenda was the Town Manager's Report.
• Revenue Update
Budget & Financial Reporting Manager Kathleen Halloran provided the monthly revenue
Update. When all sales tax returns are received for the month of December, collections
for the month are expected to be $2.8 million, up 2% from December, 2006. Year-to-
date collections estimated at $18.9 million continue to exceed last year's year-to-date by
5.9%. For comparison, inflation as measured by the consumer price index was up 4.1 %
in December compared with the prior year. Use tax collections began as of January 1,
2008. For the month of January, collections total approximately $6,000. Construction
permit revenue currently totals $41.8K, down 75% from this time last year. The
decrease is due to a major project starting last year; there were no permit fees from new
major projects this January. RETT collections through January 28, 2008, total $118,000.
This amount is a large decrease from last year's January; however, the decrease is due
to the 2007 sales of Gore Creek Place residences. RETT collections for 2007 (including
cash received in January) now total $6.5M, or 9.5% higher than full year 2006. Major
redevelopment projects including Forest Place, Gore Creek Place, Manor Vail, One
Willow Bridge Road, Vail Plaza Hotel, and Westhaven at Cascade Village contributed
$2.3 million or 35% of the total in 2007 while only $844,500 or 14% of the total in 2006
consisted of major redevelopment projects. Meanwhile, RETT collections from property
transfers not related to major redevelopment projects dropped by 21 % in 2007
compared with 2006. Daly said he believed real estate transactions had dropped
dramatically and then asked how or if the RETT projections had been adjusted
accordingly. Zemler said Council would receive an update at the 02.19.07 regularly
scheduled Council Meeting.
. New Year's Eve Update
Police Commander Susan Douglas reported arrests during the New Year's Eve holiday
have dropped significantly. Gordon said he believed some New Year's Eve rules
should be relaxed. There was a marked decrease in the level of violence and over
service of alcohol from prior years. Many bar owners thanked the Vail Police
Department for their efforts. Zemler clarified the amount of security used during the
event had also decreased.
• LionsHead Skier Drop-off & Loading Update
Douglas announced the LionsHead skier drop-off had been closely monitored. She
stated that loading and delivery seemed to be the largest cause of traffic congestion.
Hall announced the service elevator at the Arrabelle at Vail Square would soon allow the
structure's loading and delivery bays to open. LionsHead business owner Tommy
Neyens said he believed traffic congestion in the area was intolerable.
• Council Retreat Follow-up
Zemler reported Council had received a summary of the take-aways from the annual
Town Council retreat in their packets. Council suggested a few grammatical
clarifications be made. Next steps include returning to Council with a timetable listing
the priorities identified and key dates and milestones.
The third item on the agenda was the Consent Agenda.
a. Approval of 01.08.08 and 01.22.08 Minutes.
Rogers moved to approve the minutes with Foley seconding. The motion passed
unanimously, 7-0.
The fourth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail
Town Code, of the Town of Vail Planning and Environmental Commission's denial 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 yard setback, located at
2570 Bald Mountain Road/Lot 33, Block 2, Vail Village Filing 13.
Gordon moved to remand the appeal to the 02.25.08 PEC meeting with Newbury
seconding. The motion passed unanimously, 7-0.
The fifth item on the agenda was the applicant, the LionsHead Center Homeowner's
Association, represented by Louis Bieker of 4240 Architecture, requested permission to
proceed through the development review process with a proposal to make improvements on
town-owned land in conjunction with a proposed redevelopment of the LionsHead Center
Community Development Director George Ruther announced it is the desire of the applicant
to apply for a design review application to make improvements on town-owned land,
pursuant to the recommendations of the Lionshead Redevelopment Master Plan, in
conjunction with a proposed redevelopment of LionsHead Center. As a matter of procedure
the applicant must first obtain Council (i.e. property owner) approval before proceeding
through the town's development review process. "There will be a financial consideration for
the use of the property...There are some significant public improvements that would go
along with this property as well." Hitt expressed concern the project would create a"bottle
neck" for skier access. "Until we know more about the redevelopment of the LionsHead
Parking Structure, skier drop off, pedestrian traffic flows and a transit center, it would be
premature to lead the association into believing it is okay to proceed with plans for that site
when in reality that site may become an integral piece of a future plan." Newbury moved to
allow the applicant to proceed through the development review process with Gordon
seconding. Daly said he would like to visit the site and see what is being proposed.
Cleveland said he was skeptical that the town would give up the land. The motion passed
5-2, Daly and Hitt opposed.
The sixth item on the agenda the applicant, Vail Resorts Development Company,
represented by the Mauriello Planning Group, is requesting permission to proceed through
the development review process with a proposal to make improvements on town-owned
land in conjunction with a proposed redevelopment of the North Day Lot.
Ruther stated it is the desire of the applicant to apply for a major exterior alteration
application and design review application to make improvements on town-owned land,
pursuant to the recommendations of the LionsHead Redevelopment Master Plan, in
conjunction with a proposed redevelopment of the North Day Lot. As a matter of procedure
the applicant must first obtain Council (i.e. property owner) approval before proceeding
through the town's development review process. Rogers asked if the land was intended to
be sold. Ruther said the town would be responsible for any transit solutions occurring on
the property. "We see this as a very acceptable use for town owned Iand...This would allow
for a better design overall." Hitt said he would prefer Vail Resorts build their project on their
own property, but would vote for the motion do to the reasoning offered by George Ruther
that by allowing this use of town land the impacts to the adjacent Landmark building would
be lessoned. Newbury moved to allow the applicant to proceed through the development
review process with Rogers seconding. The motion passed unanimously, 7-0.
The seventh item on the agenda was the current copy of the Ford Park Paid Parking
dates for the 2008 Summer Calendar.
The 2008 Managed Parking Calendar Schedule for Ford Park is attached. This calendar
has been compiled by the Ford Park User Committee. Staff is requesting Council review
and approval of the calendar for paid parking dates at Ford Park for the summer 2008
schedule. There are currently 37 days of paid parking requested as well as one
managed parking date. This calendar is subject to change as more events are added to
the various schedules of the user groups at Ford Park. Rogers moved to approve the
calendar with Foley seconding. The motion passed unanimously, 7-0.
The eighth item on the agenda was the first reading of Ordinance No. 3, Series of 2008,
an Ordinance amending Chapter 14-10, Design Review Standards and Guidelines, Vail
Town Code, in order to amend the wildfire roofing regulations requiring Class A roof
assemblies or Class A roof materials in the Town of Vail.
Planner Rachel Friede announced that on February 6, 2007, Council adopted Ordinance
No. 3, Series of 2007, an ordinance requiring Class A roof assembly or Class A roof
covering materials and banning wood shake and wood shingles for all structures within
the Town of Vail. The regulations remained vague regarding nonconforming structures
and multiple ownership scenarios, relying on the regulations regarding compatibility of
materials an nonconformity to guide decision-making. Following recent decisions by the
DRB to allow different roof covering materials under certain circumstances, Council
instructed staff to propose text amendments to the regulations in order to clarify
requirements and allow different roof covering materials under certain circumstances in
two-family and multi-family dwellings. On December 10, 2007, the PEC reviewed
proposed text amendments and recommended approval with modifications. On
December 12, 2007, Council held a work session on the proposed amendments.
Council members commented that they were in favor of the proposed text amendments,
and asked that the DRB be given some discretion in allowing compatible roofing
materials. Newbury said the ordinance was a good resolution for an on-going problem.
Newbury moved to approve the ordinance with Daly seconding. During a pause for
public comment, Lin Grubbs asked Council to reconsider language in the ordinance in
regard to averages. The motion passed unanimously, 7-0.
The ninth item on the agenda was a discussion of future infill development opportunities
on the south side of the Vail Transportation Center.
Ruther reported if Council determines future development on the south side of the Vail
Transportation Center is desirable, to direct staff to return to the Vail Town Council at a
future work session and recommend a proposed process for how the town should
proceed with such opportunities. The town was approached by a developer to construct
a mixed-use development on the south side of the Vail Transportation Center. The
proposed development would likely include a mix of retail, office, deed restricted
employee housing and on-site parking. Before proceeding any further in discussions
with the developer, staff believed it was important for Council to first determine whether
development on this portion on town-owned land is of interest to the town at this time.
Rogers said she was impressed by the project and the concept. "I think this is a
tremendous opportunity for the town...l highly recommend we pursue this." Foley said,
"I can't see why we wouldn't open this up to the development community." Hitt said he
had the confidence the applicant could provide what was promised. Daly said, "I think
this is a very innovative plan." Newbury encouraged revisiting the Vail Village Master
Plan. Gordon commented, "We definitely need community weigh-in on what occurs on
this land." He then asked staff to develop an action plan on this project as soon as
possible. Representing the Vail Village Homeowner's Association, Jim Lamont said he
was concerned the project had not been publicly disclosed. "We need to have a public
discussion on how public land is developed." Axel Wilhemson said the project was a
phenomenal idea and encouraged Council to pursue it. Rick Holmitz of Kelly Liken
Restaurant spoke in support of the project. Alpine Bank representative Mike Glass also
spoke in support of the project. "Some additional commercial is certainly something we
look forward to." Former Council Member Greg Moffet encouraged Council to not
encumber the project. "I like the idea of a project that just hits the bulls-eye.n The
applicant Steve Vrostick explained how the proposal matched the goals of the
community. Zemler encouraged consistency (similar to LionsHead parking structure
redevelopment proposals), as well as transparency. "I think we need to establish some
criteria...l think I would be remiss in my responsibility if I did not encourage an RFP
process." Ruther explained there is a need to update the Vail Village Master Plan.
Foley and Newbury encouraged revisiting the Vail Village Master Plan. Newbury moved
to direct staff to provide an amendment to the Vail Village Master Plan as refers to the
Vail Village parking structure with Foley seconding. The motion passed unanimously, 7-
0.
The tenth item on the agenda was adjournment.
Foley moved to adjourn with Newbury seconding at approximately 7:55 p.m. The motion
passed unanimously, 7-0.
, oW~11 ~c►,~
Dick Cleveland, Mayor
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ATTEST: •
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( Lor i Donaldson, Town Clerk
Minutes provided by Corey Swisher.
Vail Town Council Minutes
Tuesday, February 19, 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 Cleveland.
Members present: Dick Cleveland, Mayor
Mark Gordon
Farrow Hitt
Kevin Foley
Kim Newbury
Margaret Rogers
Andy Daly
Staff Members: Stan Zemler, Town Manager
Pam Brandmeyer, Assistant Town Manager
Matt Mire, Town Attorney
The first item on the agenda was Citizen Input.
Representing the Landmark Condominium Association, Bill Pendleton read a letter
stating the group's objection to the inclusion of a transit center in the North Day Lot
development proposal.
Paul Rondeau spoke in support of transparency in regard to the use of property tax
revenues.
Janet Tesfinruide asked Council to better evaluate traffic congestion management
practices during and after extended I-70 closures.
The second item on the agenda was the International Federation of Sports Climbing
President Introduction (IFSC).
Joe Blair, Untraditional Marketing, introduced Anne-Worley Moelter, Executive Director
of USA Climbing. She announced the first bouldering World Cup event to occur in the
U.S. would take place in Vail during the early part of June. IFSC President Marco Maria
Scolaris was also present and said he was grateful Vail had decided to host the event.
The U.S. Olympic Committee will be in attendance.
The third item on the agenda was the Town Manager's Report.
• Chamonix Master Planning Focus Group update.
Planner Scot Hunn reported the planning group had met with local employers and
employees, including residents currently living in Vail Commons (a nearby affordable
housing development), infrastructure and public works personnel and an emergency
services group. He reported the Council goals for the project received endorsement
from the neighborhood. He also said there was backing for maximizing deed restricted
affordable housing on the parcel.
. Vail Pass Closure Update.
Police Commander Steve Wright explained recent traffic congestion created by I-70
closures, "Have gone beyond the scope of the Town of Vail and the Vail Police
Department...We are vigorously pursuing a Comprehensive Eagle County Vail Pass
Closure Response Plan...There are some opportunities to manage these instances
better." Wright emphasized the importance of collaboration between the Town of Vail,
CDOT and the Colorado State Patrol. "We are committed to finding a better mouse trap
than we have right now." Hitt asked how the East Vail chain-up could be better
managed. Wright then provided Council and the audience with an overview of the events
that took place during the most recent closure. "There is a disconnect befinreen
communications with state government and municipal government." Daily asked what
could be done differently on a temporary basis. "I believe we have demonstrated to
CDOT their communications measures are lacking." Zemler said in the future he would
immediately open the emergency operations center to help manage the incident. Daly
commented, "We have to put the state on notice of our displeasure." Tesfinruide then
said she hoped to pursue legislation to limit tandem tractor trailer rigs on I-70 during the
winter months.
The third item on the agenda was the Reallocation of balance in Conference Center
Fund.
Finance Director Judy Camp reported a November 2005 election rescinded a 0.5
percent sales tax and a 1.5 percent lodging tax that had been put into place in 2002 to
build and operate a conference center. The ballot question contained a further provision
that Council shall either: refund any remaining revenues from the taxes pursuant to a
refund methodology determined by the Council; or submit a question to the voters on
how such revenues shall be used. Council agreed to not pursue a refunding mechanism
at this time. Daly remarked, "The electorate voted for some bricks and mortar to support
the economy of this town." Monteneros Lodge representative Keith Odza stated, "We
would like to see this continue to be formulated into a plan...These funds were for a
conference center, not just heads in beds, but for the benefit of shopping, restaurants,
etc." Rob LeVine echoed Odza's comments. Paul Rondeau asked if various options
(i.e., menu) for the proposed use could be voted upon. Town Attorney Matt Mire
responded the ballot could be very flexible to include such an option if deemed
appropriate. Hitt clarified if the money was to be used to build a conference center it
would have to go to the vote of the people. Hitt then thanked the lodging committee for
taking a proactive role in regard to the issue. Hitt moved to defer a ballot question on the
conference center funds until at least 2009 with Daly seconding. Odza then said the
lodging community supported waiting a year on the decision. Rick Scalpello asked if
there was a time limit on how long the funds could be banked. Mire responded there is
nothing in the question or the case law placing a time limit. The motion passed 4-3, with
Foley, Newbury and Cleveland opposed.
The fourth item on the agenda was a Vail Wi-Fi Update.
Council had asked staff to provide an update on the status of the CenturyTel wireless
network and an overview of the existing agreement to ensure that CenturyTel is in
compliance with the terms of the agreement. The town's Information Technology
Director Ron Braden reported that in August 2006, following an extensive request for
proposal process, the town entered into an eight-year Wireless Broadband Nefinrork
Lease Agreement with CenturyTel to build, own and operate a town-wide wireless
network. To comply with state law that strictly forbids municipalities to own, operate, or
manage a municipal broadband service (without a vote of the people), this agreement
makes no reference to coverage areas, offerings, pricing, or service level agreements.
After a review of the contract by staff and counsel, it was determined that CenturyTel is
not in violation of the terms of the contract. As compensation for leasing public assets to
CenturyTel, the town receives free Internet access for residents and guests up to 60
minutes per day, free access to the nefinrork for municipal and public safety use, a 5
percent revenue share once the capital infrastructure of the network is paid off, a much
needed link to public safety agencies down valley and the addition of a competitive
Internet Service Provider (ISP). To date, CenturyTel has invested more than $1.2 million
on the network, while continuing to make improvements. Vail is the only municipality in
Colorado to have a town wide wireless network in partnership with a private sector
company. Additionally, the town has not spent any capital dollars to build or maintain
the system. In reference to the coverage areas, CenturyTel representative Erik Zimmer
explained, "In a lot of these residential areas, a simple laptop is not enough to connect
back to our network. We are offering a new CPE unit that will with the connection. We
are also continuing deployment of a community portal. The number-one problem we
have now is connection issues. Approximately 80 percent of the calls into the help
desk continue to be user-related issues. We are working with customers to help them
resolve these computer issues, as our number-one goal is to get people onto the
network". CenturyTel is adding 11 new nodes to increase nefinrork availability and
maintains a toll-free 24 hour help line.
The fifth item on the agenda was a Request to Proceed through the Development
Review Process.
The applicant, Triumph Development, is requesting permission to proceed through the
development review process with an application to amend the Vail Village Master Plan to
allow for mixed-use development on the south side of the Vail Transportation Center. An
overview of the amendment procedures outlined in the Vail Village Master Plan was
presented as well as an update on previous discussions. On February 5, 2008, the Vail
Town Council held a public hearing to discuss the potential to amend the Vail Village
Master Plan to allow for mixed-use development on the south side of the Vail
Transportation Center. The Vail Village Master Plan currently designates the south side
of the Vail Transportation Center as an open space buffer between the parking structure
and existing mixed-use development on the south side of East Meadow Drive. Upon
completion of the discussion, the Town Council unanimously voted to instruct staff to
proceed through the development review process with a proposed amendment to the
Vail Village Master Plan for further consideration. Staff determined the applicant needs
to gain permission from Council to proceed with a text amendment proposal, thus
necessitating the current request. The Community Development Department
recommended Council grant the applicant permission to prepare a proposed
amendment to the Vail Village Master Plan and submit an application to the Community
Development Department for review and consideration pursuant to the amendment
procedures outlined in the Vail Village Master Plan. An approval to proceed does not
grant approval of any amendments and does not give the applicant permission to
proceed through the development review process with a project on town-owned
property. Community Development Director George Ruther noted, "The first question
that has to be answered is...Does the Vail Village Master Plan need to be amended?
This is not a forgone conclusion that the master ptan will be amended...lf the answer to
that question is no, then the process stops." Steve Hawkins, general manager of the
Mountain Haus (adjacent property) spoke against an amendment to the master plan.
Rick Scalpello asked Council to use caution as they address the issue so they would not
encumber the value of the land and then spoke against the proposed project.
Representing the Vail Village Homeowners Association, Jim Lamont asked for an
analysis of the transportation center. He then questioned who would pay for a technical
analysis to determine if the structure's berm could actually be used for such a proposed
purpose. "I'm not confident that we can say we have our infrastructure under
control....Housing is important but we need to be careful not to use it as an excuse to
encumber a major transportation node." Paul Rondeau questioned the process used to
determine how to proceed or why to proceed. Gwen Scalpello said she believed this is a
very reactive situation. Local business owner Brian Quail spoke in support of allowing
the applicant to proceed as it would add to the Vail "experience." Janet Tesfinruide
expressed concern about a deed-restricted housing component she had read about in
the newspaper proposed by the applicant, saying she preferred the town provide
housing for its own employees rather than others. Public Works Director Greg Hall
clarified the Village Parking structure had no significant capital improvements planned.
Cleveland expressed concern the town had enough large projects on its plate at the
moment. "We are taking on too much to do service to everything we have to do...l think
the timing is just wrong." Gordon moved to allow the applicant to proceed with Rogers
seconding. The motion passed 4-2, with Foley and Cleveland opposed. Newbury left the
Council Chambers earlier in the evening.
The sixth item on the agenda Discussion regarding Town Council's direction for the
redevelopment of Timber Ridge Village Apartments. Specifically, policy direction
regarding Town Council's expectations on rental rates and occupants in a
redevelopment scenario.
Housing Coordinator Nina Timm explained that when the Timber Ridge Village
Apartments was purchased in July 2003, the then Town Council placed a deed
restriction on the property requiring 600 affordable rental beds. As the town
contemplates any redevelopment scenario for Timber Ridge it is essential to have a firm
understanding of Council's expectations regarding rental rates at Timber Ridge. Without
clearly defined expectations of rental rates and who the target residents are, it is difficult
to evaluate redevelopment scenarios effectively. Timm then asked for clear policy
direction on Council's rental rate expectations, if any, in any redevelopment of Timber
Ridge. Rogers emphasized a concern that the project's workforce housing component
remain affordable. Foley seconded Rogers remarks. Daly said he felt uncomfortable
moving forward without the town having a strategic housing plan. Hitt said he was not in
favor of rent control. "We have always approached this project to keep the deed
restrictions in place and the affordable question had never been part of the discussion to
date...To change gears now is not right....Let's see the proposal on the 18th of March
and decide to move forward or not." Zemler recommended providing guidance to the
developer based on the discussion and the Council's interest in seeing the property used
for the intended purposes of accommodating Vail's workforce. Representing the Vail
Chamber & Business Association, Kaye Ferry stressed the project must remain
affordable. "There will always be too much demand for what we have." She also said
the project should only be open to those employed within the town. Vail Local Housing ,
Authority (VLHA) Member Steve Lindstrom asked Council to use caution moving
forward. "Employee housing is critical infrastructure to the town...Also, in May 2007, the
VLHA provided written recommendations to Open/Hillwood that included providing
affordable rentals." Paul Rondeau asked if the project would entail a lease or would
require the sale of the property. He then encouraged Council not to sell the land.
Representing the Vail Village Homeowners Association, Jim Lamont opposed the sale of
the land. A land lease allows the town to recycle uses in the future, he said. Rogers
moved to direct staff to continue to negotiate with Open/Hillwood Partners with the idea
to ensure rents only increase by a set amount with increases assigned to some regularly
established standard in perpetuity. Gordon seconded the motion. The motion passed 5-
1, with Foley opposed.
The seventh item on the agenda was the Dedication of an Eagle River Water and
Sanitation District (ERWSD) Construction and Permanent Easement on Willow Park
Town Engineer Tom Kassmel asked Council to consider whether to dedicate finro
easements to the Eagle River Water Sanitation District for the purpose of construction of
a sanitary sewer line along Willow Circle this spring. One being a temporary construction
easement for staging of material and one being a permanent easement for future
maintenance and construction. ERWSD requested the town provide two easements on
Willow Park dedicated to ERWSD for the purpose of construction of a new sanitary
sewer line. The easements would facilitate the construction of the new line allowing the
new line to have a 0.7 percent grade, less impact on the existing sanitary sewer line and
provide additional areas for construction staging. It was explained staff believed the
construction could be limited to the existing town owned right of way and no easements
would be necessary. Kassmel stated the town continues to work with ERWSD to bring
projects to fruition. "In this situation, staff feels there is a better way to complete the
project." Rogers moved to deny the request with Hitt seconding. Cleveland said he was
concerned about what was best for the community. The motion failed, 3-3 with Foley,
Daly and Cleveland opposed.
The eighth item on the agenda was the 2008 Vail Road. Overlay Project.
Town Engineer Tom Kassmel asked Council to authorize the Town Manager to enter
into an agreement with B&B Excavating to complete the 2008 Vail Road overlay project
for the amount of $139,629.93. Kassmel explained Vail Road has undergone multiple
construction projects and is scheduled for an asphalt overlay in 2008. Due to the
numerous construction projects, the cost of the overlay will be cost-shared by multiple
entities and developers. Kassmel explained the town would administer the project and
will be reimbursed by these entities. Staff received a bid proposal from B&B Excavating
to complete the project for $139,629.93 of which the town is directly responsible for
$47,861.51. This amount is budgeted in the Capital Street Maintenance Budget. Daly
clarified the town had not advertised for bids on the project. Mire recommended the town
rebid the project. Hitt moved to table the item with Rogers seconding. The motion
passed unanimously, 6-0.
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).
Town Planner Scot Hunn stated that on January 28, 2008, the PEC held a public hearing
on a request for a major amendment to SDD No. 4, Vail Cascade, Section 12-9A-10,
Amendment Procedures, Vail Town Code, to allow for an increase in the allowable gross
residential floor area (GRFA) within Area A, Cascade Village, and to allow for the
development of the Cornerstone Site. Specifically, the applicant proposed to increase
the allowable GRFA for Area A from 289,145 sq. ft. to 295,611 sq. ft. (an increase of
6,466 sq. ft.) to facilitate the development of 23 free market condominium units, four
employee housing units, a new ticket office for lift ticket sales operations by Vail Resorts,
Inc., and underground parking on the site. Upon review of the request and a site specific
development plan, the PEC voted 6-0-0 to forward a recommendation of approval, with
conditions, of the request to amend SDD No. 4, Vail Cascade, to Council. Hunn then
clarified that the completion of the project, in addition to numerous on and off-site
improvements being proposed by the applicant, should be considered a public benefit.
President of Destination Resorts and Hotels, Jim Pavisha introduced the project's Land
Use Planner Rick Pylman. Pylman then provided a brief history of the SDD and guided
Council through a summary of the proposal's footprint and floor plan. "The present
situation is not a good guest experience." While discussing recreation path
improvements associated with the proposal, Kassmel explained the project served as a
piece of the puzzle to ultimately connect Donovan Pavilion and the Glen Lyon office
building. Hunn clarified there was no employee housing requirements contained in the
original ordinance that established SDD No. 4, in 1976. Ruther explained he would
confirm the total number of Tract A employee housing requirements before second
reading of the ordinance. Daly said the west side of the project should be no higher than
71 feet. I don t see any reason we should be building that size of building on this site."
Rogers said she believed there should more parking and that the project did not contain
adequate public benefits. I don t believe finishing the project is a public improvement."
Gordon said the project was headed in the right direction but needed more work. Hitt
commented, I don,t really believe the pubfic benefits are there yet." Foley said, "I really
want to make surethe Cascade Village fulfills its entire employee housing requirement."
Cleveland noted, There are insufficient public benefits to compensate from the Gross
Residential Floor Area (GRFA) deviations." During a pause for public comment, Liftside
Condominiums legal counsel Beth Heirs said the homeowner's association supported
the plan as submitted. At the request of the applicant, Daly moved to table the item to
March 18, with Hitt seconding. The motion passed unanimously, 6-0.
The tenth item of the agenda was the First 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 Vail Police Department and Transit
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.
Gordon moved to approve the ordinance with Daly seconding. The motion included an
amendment that would have made it identical to the state statute. The motion failed, 1-5
with Gordon voting in favor. Hitt moved with Daly seconding to pass the ordinance as
read. The motion passed unanimously, 6-0.
The eleventh Second reading of Ordinance No. 3, Series of 2008, an Ordinance
amending Chapter 14-10, Design Review Standards and Guidetines, Vail Town Code, in
order to amend the wildfire roofing regulations requiring Class A roof assemblies or
Class A roof materials in the Town of Vail.
Planner Rachel Friede reported that on February 6, 2007, Council adopted Ordinance
No. 3, Series of 2007, an ordinance requiring Class A roof assembly or Class A roof
covering materials and banning wood shake and wood shingles for all structures within
the Town of Vail. The regulations remained vague regarding nonconforming structures
and multiple ownership scenarios, relying on the regulations regarding compatibility of
materials to guide decision-making. Following recent decisions by the DRB to allow
different roof covering materials under certain circumstances, Council instructed staff to
propose text amendments to the regulations in order to clarify requirements and allow
different roof covering materials under certain circumstances in two-family and multi-
family dwellings. On December 10, 2007, the PEC reviewed proposed text amendments
and recommended approval with modifications. On December 12, 2007, Council held a
work session on the proposed amendments. Council members commented they were in
favor of the proposed text amendments, and asked that the DRB be given some
discretion in allowing compatible roofing materials. Rogers moved to approve the
ordinance with Hitt seconding. The motion passed unanimously, 6-0.
The twelfth item on the agenda was Resolution No. 3, Series of 2008, a Resolution to
establish Special Business Promotion Permits.
Special Events Coordinator Sybil Navas reported that over the past few years, she has
received numerous requests from businesses to hold promotional events that did not
meet the requirements for a special events permit. After consulting the business
community, staff has developed the Special Business Promotion Permit to allow
individual businesses to hold promotional events that include activities outside of day-to-
day business. On February 11, 2008, the PEC unanimously voted to recommend
approval of a resolution establishing Special Business Promotion Permits. Rogers
moved to approve the resolution with Hitt seconding. Daly asked if anything could be
done to simplify the town's processes. Staff responded that they were developing an
integrated permitting process. The motion passed unanimously, 6-0.
The thirteenth item on the agenda was Adjournment.
Daly moved to adjourn with Hitt seconding. The motion passed unanimously, 6-0.
Dick Cleveland, Mayor
ATT ST: N O
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Lorelei Donaldson, Town Clerk S~~
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Minutes provided by Corey Swisher. t
Vail Town Council Meeting Minutes
Tuesday, March 4, 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 Cleveland.
Members present: Dick Cleveland, Mayor
Andy Daly
Mark Gordon
Farrow Hitt
Kevin Foley
Kim Newbury
Margaret Rogers
Farrow Hitt
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attomey
The first item on the agenda was Citizen Input.
Bill Hanlon recommended Council employ golf course plan ning/arch itectural
professionals to examine how the golf course could be altered to accommodate
an employee housing development.
Chris Fitzgerald encouraged Council to change its terminology 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.
i
• 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 proposal 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 plant's 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 plan 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 warned 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
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 Department
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 between the Town of
Vail and Solaris Metropolitan Districts 1, 2, & 3.
The Town of Vail and Solaris Metropolitan District Nos. 1, 2, and 3(the
Districts ) entered into an Intergovernmental 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 adjourn with Newbury seconding at approximately 9:10 p.m.
The motion passed unanimously, 6-0.
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~ Dick Cleveland, Mayor
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Lorelei Donaldson, Town Clerk
7
Minutes provided by Corey Swisher.
s
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 Cleveland.
Members present: Dick Cleveland, Mayor
Andy Daly
Mark Gordon
Farrow Hitt
Kevin Foley
Kim Newbury
Margaret Rogers
Staff Members: Stan Zemier, 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 seniqr 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 iYs 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 finro 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. All 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, internal 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 foltowing:
• 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.
• Relocation 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, 7:10 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
between 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
developer 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, befinreen 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
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 befinreen 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
table the public hearing to consider the above referenced appeal to their regular
meeting of April 1, 2008, in order to allow the two 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
Dick Cleveland, Mayor
ATTEST:
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Vail Town Council Meeting Minutes
Tuesday, April 1, 2008
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Councii 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 Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
The first item on the agenda was Citizen Input.
Long term resident Bill Fleicher said a high divorce rate was responsible for Vail's
affordable housing problems. He then asked for benches to be placed on the south side
of the LionsHead parking structure. Fleicher also questioned construction workers at
Middle Creek. He then spoke in support of seasonal housing.
Jeff Wiles said he would be running for a board position at the Vail Recreation District.
Council wished Wiles good luck.
Sandy Somola said she is "jaded" by the current parking situation in Vail. "We need
parking and think the quality of life for people who have been here a while has
diminished...We need parking." Cleveland responded, "We had this very conversation
this afternoon...We are working with Vail Resorts to be a partner in resolving this
problem."
Cleveland then reported the Vail Police Department would be hosting an open house on
April 8, from 5:30 to 7 p.m. in the Town Council Chambers.
The second item on the agenda was the Town Manager's Report.
. I-70 Closure Update
1
Please see Work Session Briefs in regard to the recent I-70 closure for more details. In
regard to the events, Daly commented, "IYs important to the hear about the work of our
critical emergency responders...We have made significant progress from earlier in this
winter season...We need to really work to make greater awareness of the life safety
perspective...Last year I-70 was closed three times, this year nineteen times.
"Representing the Vail Homeowner's Association, Jim Lamont thanked all of Vail's
emergency responders for a job well done. He then thanked Henninger and Zemler for
their leadership. He then expressed concern about increasing traffic on Highway 24.
Kaye Ferry said semis should not be allowed travel on Highway 24. She then said she
had spoke with Senator Jack Taylor in regard to supporting Vail and its issues.
Cleveland commented, "CDOT needs to be more consistent and timely." Gordon said
the emergency management table top exercises are being very effective.
The third item on the agenda was the Consent Agenda.
a. Approval of 03.04.08 and 03.18.08 minutes
Foley moved to approve the minutes with Hitt seconding. The motion passed
unanimously, 7-0.
The fourth item on the agenda was the Building & Fire Code Appeals Board (B&FCAB),
Design Review Board (DRB), Planning and Environmental Commission (PEC) and Art in
Public Places (AIPP) Board Appointments.
Earlier in the day Council interviewed the following candidates:
PEC: DRB:
Anne Gunion Michael Dantas
Roland Kjesbo Peter Dunning
William Pierce Elizabeth Plante
Sarah Robinson Paladino
Susie Tjossem
AIPP: BUCAB:
Cookie Flaum Kathy Langenwalter
Susan Frampton Rich Seth
James Poppell
Kathy Langenwalter
There were three vacancies for the B&FCAB (finro regular board members and one
alternate), four vacancies for PEC, three vacancies for DRB and four vacancies for
AIPP. The Town received finro (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). Foley moved to appoint the following with Rogers
seconding:
PEC: DRB:
Roland Kjesbo Michael Dantas
William Pierce Peter Dunning
Sarah Robinson Paladino Elizabeth Plante
2
Susie Tjossem
pIpp; B&FCAB:
Cookie Flaum Kathy Langenwalter
Susan Frampton Rich Seth
James Poppell
Kathy Langenwalter
Daly clarified a vote had been taken earlier in the day to determine the result of the PEC.
The motion passed unanimously, 7-0.
The fifth item on the agenda was the First Reading of Ordinance No. 7, Series of 2008,
an Ordinance making supplemental 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.
Budget and Financial Reporting Manager Kathleen Halloran asked Council to make any
inquiries of or give any comments regarding the 15` supplemental of 2008, Ordinance No.
7, Series of 2008. "Daly said he was uncomfortable adding incremental funds to
ongoing capital projects . Zemler stated, "Judy and I are comfortable with the current
budget. We don't feel like we need to throttle down...We'll be the first to tell you that
when we feel iYs the case." Newbury said she was comfortable with the supplemental
as proposed. "IYs trying to finish projects we were not able to finish in 2007. If we don't
allow them to carryover the dollars remaining from 2007, then they will be forced to use
the dollars budgeted for 2008 to complete these and the 2008 projects will be
underfunded." Gordon commented, "We have a staff who doesn't just spend the money
just because it's budgeted, they assess the need for the projects and act accordingly.
We should allow them to finish the projects as they see fit." Zemler reported to Council
that if they had specific issues with items in the supplemental, he would be happy to
address them. Newbury moved to approve the ordinance with Gordon seconding. Vail
Homeowners Association Representative Jim Lamont, stressed the importance ongoing
wildfire mitigation. The motion passed 6-1, with Daly opposed.
The sixth item An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the
Town of Vail PEC'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.
Community Development Director George Ruther announced that on February 25, 2008,
the PEC 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 PEC action at its March 4, 2008, public hearing by a vote of 7-0-0. Daly then moved
to uphold the PEC's decision as outlined in the findings in the staff memorandum dated
April 1. Rogers seconded the motion. Foley clarified the action was not a grant of
special privilege. The motion passed unanimously, 7-0.
3
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; _ Dick Cleveland, Mayor
~ ~
ATTEST: ~
Lorelei Donaldson, Town Clerk
Minutes provided by Corey Swisher.
4
Vail Town Council Meeting Minutes
Tuesday, April 15, 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 Cleveland.
Members present: Dick Cleveland, Mayor
Andy Daly
Mark Gordon
Farrow Hitt
Kevin Foley
Kim Newbury
Margaret Rogers
Farrow Hitt
Not present: Kevin Foley
StafF Members: Stan Zemler, Town Manager
Matt Mire, Town Attomey
The first item on the agenda was Citizen Input.
Vail Recreation District Board Member Michelle Hall noted she has filed to run for a
second term. The election is May 6.
The second item on the agenda was the Town Manager's Report.
➢ Skatepark Update.
Zemler noted the schedule for set up of the stakepark on the top deck of the LionsHead
parking structure has been delayed by finro weeks because the equipment, which is
stored in Minturn, is currently buried in snow. Zemler said the skatepark would be
assembled and ready to go as quickly as the weather allowed, tentatively set for a May
30 completion.
It was also noted the town's Annual Clean Up Day has been changed from May 3 to May
10.
➢ Forest Health Update.
1
Fire Chief Mark Miller reported on the department's response in providing assistance to
Carbondale following the report of a wildfire. He then provided an overview of the town's
upcoming forest health initiatives in partnership with Eagle County and the U.S. Forest
Service. He said the town would also continue to support a six-person seasonal
mitigation crew this summer following a successful debut last summer. Chief Miller also
provided an overview on some extensive fire behavior training his department had been
undergoing during the week in preparation for wildland fire season.
The third item on the agenda was the Appointments to the Vail Local Licensing
Authority (LLA) and Vail Local Housing Authority (VLHA) boards.
Earlier in the day Council interviewed two incumbent applicants for finro openings on the
Liquor Board: Kaye Ferry and Bob McKown. Daly moved to appoint Ferry and McKown
to the LLA with Newbury seconding. The motion passed 6-0. Council then appointed Kim
Newbury to the Vail Local Housing Authority.
The fourth item on the agenda was a presentation of possible next steps to be
considered for the redevelopment of the Timber Ridge Village Apartments
Town Manager Stan Zemler asked Council to engage in a discussion regarding next
steps in the redevelopment of the Timber Ridge Village Apartments. The request
followed a decision by the Council on March 18 to conclude negotiations with
Open/Hillwood and Lincoln Properties Southwest regarding a proposed redevelopment.
Zemler's suggested next steps included the following:
1. Form a Timber Ridge Redevelopment Advisory Committee. The Committee will work
with the Housing Authority and the community and advise the Town Council.
a. Two members of Town Council
b. Two members from the Vail Local Housing Authority
c. Three members from the community at-large.
2. The TRAHC Board, the Committee and the Housing Authority will conduct a
Strengths, Weaknesses, Opportunities, Threats (SWOT) analysis of the Timber
Ridge Development.
3. Conduct an Employee Housing Needs Analysis.
a. Staff recommended utilizing the 2007 Eagle County Housing Needs
Assessment and previous work completed by RRC Associates for the Town
of Vail.
4. Prepare and adopt redevelopment goals and parameters to be used to evaluate
development proposals.
5. Develop a Request for Proposals for site specific master planning services.
6. Select a consultant to provide site specific master planning services.
7. Complete a site specific master plan.
8. Town Council adopts a site specific master plan.
2
9. Issue a Request for Proposals (RFP) to developers for implementation of the site
specific master plan.
During discussion, Gordon said he believed it was good to keep the discussion focused
on process. "I think this should be the Housing Authority looking into this...l believe time
is of the essence." Housing Coordinator Nina Timm explained Timber Ridge required
$2,000,000 in repairs as outlined in an engineering report. Rogers noted, "I think this is a
very sound way to proceed...l agree it needs to be done as quickly as possible." She
then said she would be happy to serve on the committee. Hitt cautioned Council to not
"reinvent the wheel" in regard to an employee housing needs analysis. Newbury said
the Housing Authority felt underutilized but understood the reason for Zemler's
recommendation. In response to comments about the current conditions at Timber
Ridge, Zemler said any concerns over safety or maintenance issues at the complex
should be brought to him immediately. Cleveland said he was particularly in favor of
establishing redevelopment parameters. "I think this is going in the right direction."
Gordon moved to follow the recommended next steps but use the Housing Authority
rather than the recommended committee to perForm the parameter developments with
Hitt seconding. Kaye Ferry spoke in support of the previous Open/Hillwood proposal for
the redevelopment. "I think everything you are going to come up with in this new master
plan has been decided over the past finro years." Daly said he would rather go forward
with a mixed committee as opposed to just the Housing Authority. Gordon said the
Housing Authority meetings were open to the public and if they wish to voice an opinion
that opportunity exists. Newbury said she appreciated Gordon's effort to glean more
information from the Housing Authority. The motion failed 2-4, with Gordon and Hitt
voting in favor. Rogers then moved to uphold the staff recommendation with Daly
seconding. The motion passed, 4-2, with Hitt and Gordon opposed. Rogers and Gordon
were selected as the Council Members to sit on the committee.
The fifth item on the agenda was Resolution No. 6, Series of 2008, establishing the
2008 Employee Housing Fee-in-Lieu.
On April 4, 2007, the Vail Town Council adopted Ordinances Nos. 7 and 8, establishing
Chapter 23, Commercial Linkage, and Chapter 24, Inclusionary Zoning, Vail Town Code.
Housing Coordinator Nina Timm reported that in accordance with Sections 12-23-5 and
12-24-6, the fee-in-lieu for each employee to be housed and for each square foot of
employee housing required shall be established annually by resolution of the Vail Town
Council. Rogers moved to approve the resolution with Hitt seconding. The motion
passed unanimously, 6-0. Timm verified the formula used to originally establish the fee-
in-lieu was used for the 2008 update. The town's fee-in-lieu per employee is now set at
$166,464 and the fee per square foot is $301.65.
The sixth item on the agenda was an Incremental Revenue from Property Tax
discussion.
Finance Director Judy Camp explained estimates project property tax collections in 2008
to exceed the amount budgeted by $450,000 to $600,000. "Staff recommends depositing
the incremental property tax revenue into the General Fund along with all other property
tax as is our standard practice." The impact of this action will be to increase the fund
balance (reserves) in the general fund at a time of uncertainty in the U.S. economy and
the real estate market. The annual budget process provides an opportunity to reassess
3
the need to use fund balance in the event of any future reductions in property tax or
other revenue sources. Daly said he believed the funds should be used to offset the
town's Capital Projects Fund shortfall. Newbury reiterated Daly's thoughts. During a
pause for public comment, Kathryn Benysh encouraged Council to offer a property tax
rebate. Tom Steinberg encouraged Council to use the funds for the proposed West Vail
Fire Station. Gordon clarified the funds could be tracked in the fund balance and
appropriated to a specific project at a later date. Hitt moved to budget the incremental
property tax collections in the Capital Projects Fund with Daly seconding. Cleveland said
he supported a rebate but did not want to risk the town's future by lowering the mill levy.
"The Capital Projects Fund is a perfectly suitable place." The motion passed
unanimously, 6-0.
The seventh item on the agenda was a request to review 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 the
Cornerstone Site, located at 1276 Westhaven Drive. (PEC070055).
Community Development Director George Ruther explained to Council that on January
28, 2008, the PEC voted unanimously to forward a recommendation for approval, with
conditions, of an application for a major amendment to SDD No. 4, Vail Cascade,
pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the
development of the Cornerstone Site. Daly questioned the availability of parking as
some of the site's parking had been sold. Mire explained the actual use of the space
determined the actual parking requirement. Applicant representative Rick Pylman said
the existing parking structure had 421 parking spaces and they were underutilized.
"The Cornerstone site itself has always parked its own uses...We will come back to you
with a building that does not have a GRFA issue." Rogers asked if redevelopment
required an 81 foot height to be profitable. Gordon asked if the only change in the project
was the removal of the on-site employee housing units. Newbury said she personally
would have a problem if the project did not have 50% of the required employee housing
on site. Mire clarified that as an SDD it was a requirement that any modification to the
property would have to come before Council. Pylman said he believed the
enhancements to the chairlift plaza would be a public benefit. Gordon asked how the
development would address skier drop-off. Hitt encouraged meeting the employee
housing requirement on-site. He said he had been encouraged by a recent peer resort
visit to Park City where employee housing is viewed as paramount. "I would be happy if
you could find a way to put those (EHUs) back on site." Daly said, "My feeling is that the
project should at no point exceed 71 feet...l fully endorse that as a new project under
current guidelines the project should meet the new (EHU) requirements." Rogers stated,
"I don't see redoing the ticket office as sufficient enough to offset the type of variances
you are asking for." Cleveland said 71 feet was the appropriate height. "Employee
housing has got to be on site...l don't think it's unreasonable that half of the EHU
requirement be on-site...lYs a terrible situation now, and without doing something it will
only become worse." Liftside Condominiums legal representatives Beth Aires spoke in
opposition to a 71 foot roof line on both towers of the project. She then encouraged
Council to select the option that includes 61 and 81 foot towers. Liftside Condominium
owner Miguel Marero said four to five condominiums would be directly impacted
(blocked views) by the project. Campbell clarified there were no recorded view corridors
in Cascade Village that would be protected by town code. Cleveland said he believed it
was Council's preference that 50% to 100% of employee housing occur on site and the
4
height be limited to 71 feet. Parking, snow removal and skier drop-off also remained
concerns to Council. Gordon moved to table the item to May 20 with Hitt seconding. The
motion passed unanimously, 6-0.
The eighth item on the agenda was the First reading of Ordinance No. 10, Series of
2008, repealing and re-enacting Ordinance No. 31, Series of 2007, Cascade Village,
amending and re-establishing the approved development plan for Area A of SDD No. 4,
pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the
construction of two additions (deck enclosures) to the south side of Vail Cascade Hotel,
located at 1300 Westhaven Drive/Cascade Village Subdivision.
Planner Nicole Peterson reported that on March 24, 2008, the PEC recommended
approval of the request. The proposed additions would expand the floor area of the
existing Chap's Restaurant by 1,405 square feet and the existing library by 486 square
feet, for a total of 1,891 square feet of additional enclosed space. In addition, this
request included an expansion of the Chap's Restaurant deck by 183 square feet and
the addition of a staircase from the existing deck to the ground level patio and pool.
Applicant representative Rick Pylman gave a project overview. Destination Resorts
Project Manager Rick Birchum said his company was attempting to update the property
and improve guest amenities available in the hotel. He expressed concern that the
project's employee housing requirement would equal 1/3 of the total project cost and
requested Council waive the employee housing requirement for reasons stated in
Attachment D of Staff s April 15, 2008 memorandum to the Council. Project architect
Tobias Strough described the design of the proposed additions. Newbury asked how
many guests could be fed in the conference center facility. Birchum replied 250-300
guests. Daly asked how many EHU's the Vail Cascade controlled. Nina Timm, Housing
Coordinator replied, 11 EHU's. Cleveland said he did not find Birchum's arguments (in
regard to waiving the redevelopments employee housing requirement) to be very
compelling. He commented it is easier to move seven to eight employees from the
kitchen to the conference center, rather than 250-300 guests from the conference center
to the kitchen. He stated, "I don't believe you will actually cut the number of employees."
Daly moved to not provide waiver of the employee housing requirement with Rogers
seconding. The motion passed unanimously, 6-0. Newbury moved to approve with
conditions the first reading of the ordinance with Rogers seconding. Daly added that staff
validate the parking analysis provided in Ordinance 10. The motion passed unanimously,
6-0.
The ninth item on the agenda was a Town of Vail request for the first reading of
Ordinance No. 8, Series of 2008, an Ordinance to enact prescribed regulation
amendments to Title 12, Vail Town Code, to establish requirements and procedures for
public art in development projects.
The ordinance clarifies the process for projects that have a public art component in their
approved development plan. Rogers moved to approve the ordinance with Newbury
seconding. Mire clarified the town requires a 125% performance bond on all public
improvement projects. The motion passed unanimously, 6-0.
The tenth item on the agenda was Resolution 9, Series of 2008, a resolution to amend
Chapter 4, Recommendations - Overall Study Area and Chapter 5, Detailed Plan
Recommendations, Lionshead Redevelopment Master Plan, pursuant to Section 2.8,
Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to
5
amend those elements of the Master Plan referencing the North Day Lot recommendations
and requirements to facilitate the redevelopment of the site with an employee housing
project, transportation center, and future development site, located at 600 West Lionshead
Circle/Lot 1, Block 1, Vail Lionshead Filing 3.
Due to a predetermined conflict of interest (Vail Resorts affiliation) Mark Gordon recused
himself from the item and left the Council Chambers. Public Works Director Greg Hall
provided an overview of the 2007 Town of Vail Transportation Master Plan. Then
Community Development Director George Ruther summarized the history of the
LionsHead Redevelopment Master Plan (LRMP). Ruther explained the PEC would use
the LRMP as a guideline for making a recommendation on the North Day Lot proposal.
On April 14, 2008, the PEC forwarded a recommendation of denial to Council for
amendments outlined in Resolution 9, Series of 2008. The purpose of the amendment
would establish the basis by which the North Day Lot could be redeveloped with an
employee housing project, transportation center, and future development site. Ruther
said, "The circumstances of loading and delivery have changed since the LRMP was last
visited (through the inclusion of the loading bay at the Arrabelle at Vail Square). "Have
conditions changed that public transportation improvements are no longer needed in
LionsHead...lt is staff's belief the answer to that question is no." Cleveland clarified
Council was only addressing the LRMP specifically. Vail Resorts Chief Executive Officer
Rob Katz stated, "Unless we have a meeting sometime in the next week this project is
not going to go anywhere...As the applicant, we have no disagreement with the issues
George raised." Hitt said, "Transportation on that site seems more important than being
able to make 51 % of the site condominiums...l don't even think I need to worry about
amending the LRMP." Rogers said skier drop-off needed to be addressed so Vail could
regain its No.1 ski resort status. Hitt asked if the Arrabelle at Vail Square's loading and
delivery bays were effective. Ruther answered it was too soon to tell as the bays had
only recently become available. Daly reiterated that skier drop-off and employee housing
were town priorities. Cleveland said he would not support moving the transportation
center to the LionsHead parking structure or the West LionsHead area. "It's important
that transportation, skier drop-off, shuttle drop-off be as close to the LionsHead gondola
as possible...Using all of the ground level floor plate for transit meets all of the LRMP
goals...The transportation function is primary on the ground level...l am completely
supportive of getting rid of the loading and delivery ...ls this the place for a transit center,
skier drop off, shuttle center...This is a site that has been recognized in the LRMP as a
place for transportation for the past ten years." Katz said, "We have no issue with
having a transit center on the site, we'll build it...l'm concerned about the complexity of
the site and secondly, the cost." Katz expressed concern that the complexity of the
project given time constraints imposed by a failure to meet requirements set forth in the
Core Site Development Agreement made the project very difficult. "Our company needs
active dialogue with the Council to make this project a success." Zemler said staff would
return on May 6 with costs. He also said perhaps Council would revisit the dates
currently imposed on Vail Resorts. Daly said he believed the town was working toward
simplification rather than making it more complex. Landmark Condominium Association
representative Geoff Wright said the town has not included the Landmark in the most
recent planning process as much as had occurred in the past. He said both the
Landmark and Wesfinrind condominium association should be intimately involved in the
transit center planning processes. He urged Vail Resorts to remove the current deed
restriction on the LionsHead parking structure so a transit center for large buses could
be built there. Wesfinrind manager Steve McDonald asked Council to look elsewhere
when considering a transit center. Representing the Vail Homeowners Association, Jim
Lamont said we are looking clearly at transit as the only alternative to parking in the
6
future. He then said the parcel had historically been contemplated as a transit location.
Daly moved to approve the resolution with modifications, with Hitt seconding. Ruther
clarified the modifications outlined by Daly precluded any future development other than
a transit center on the bottom plate of the parcel and eliminated a loading and delivery
component. The motion passed unanimously, 5-0.
Gordon returned to the Council Chambers.
The eleventh item on the agenda was Resolution No. 10, Series 2008, a Resolution
Approving the Intergovernmental Agreement and a Lease Between the Town of Vail,
Colorado and the Colorado Department of Transportation (CDOT) Regarding Sediment
Control Storage Areas on the North Side of Interstate 70 at Approximately M.P. 178-179.
Public Works Director Greg Hall reported town and CDOT were working toward
expanding the sand storage berm in East Vail along the north side of I-70, along Tract A
of the W 13th filing (Bald Mountain Area). The work will be completed in finro phases
over the next five to ten years. CDOT will be responsible for the construction of the East
phase that is within the CDOT right-of-way and Tract A; and the town and CDOT will be
jointly responsible for the West phase that is within CDOT right-of-way, Tract A, and an
existing easement granted by the Bald Mountain Town Home Association to the town.
The purpose for the berm is to provide sand storage as well as providing aesthetic and
noise mitigation to the surrounding neighbors. During a pause for public comment, Bald
Mountain neighborhood resident Stephen Connolly questioned the eutended timing of
the CDOT easement. Representing the Vail Homeowners Association, Jim Lamont
clarified the town continued to work with and meet the expectations of the affected
neighborhood. Newbury moved to approve the resolution with Rogers seconding. The
motion passed unanimously, 6-0.
The twelfth item on the agenda was Resolution No. 12, Series 2008, a Resolution
Amending the Town of Vail Public Way Permit Fee Schedule.
Town Engineer Tom Kassmel told Council that on April 4, 2006, Council adopted
Resolution No. 5, Series 2006 changing the Public Way Permit Fee Schedule from a flat
fee to a rate schedule which is relative to the impact of the street cut or use of the public
way and which may be amended from time to time by resolution. The proposed
amended Public Way Fee Schedule provides a Core Area Heated Streetscape fee and
raises the application fee from $50 to $100. Newbury moved to approve the resolution
with Rogers seconding. The motion passed unanimously, 6-0.
The thirteenth item on the agenda was the Second Reading of Ordinance No. 7, Series
of 2008, an Ordinance making supplemental 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.
Budget and Financial Reporting Manager Kathleen Halloran introduced the first
supplemental. Daly then suggested a few small changes in the process. He asked for a
way to track a project's original budget. He also recommended the item be tabled so
rollovers on maintenance-related projects could be more clearly identified. Public Works
Director Greg Hall explained the Real Estate Transfer Tax (RETT) Fund was not made
up of only capital items as some maintenance and operations come out of the budget as
7
well. Daly requested that in future supplementals, maintenance and operating items be
excluded from "roll-overs," but if additional funds are needed they be specifically
requested as a part of the supplemental. Daly moved to approve the supplemental with
Rogers seconding. The motion passed unanimously, 6-0.
The fourteenth item on the agenda was Adjournment.
Newbury moved to adjourn with Cleveland seconding at approximately 11:05 p.m. The
motion passed unanimously, 6-0.
. ~
~
~~A & L ~ Dick Cleveland, Mayor
s
C'~ •"~'''aQ
ATTEST: '
LORP
)Lore i Donaldson, Town Clerk
Minutes provided by Corey Swisher.
8
Vail Town Councii Meeting Minutes
Tuesday, May 6, 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 Cleveland.
Members present: Dick Cleveland, Mayor
Andy Daly
Mark Gordon
Farrow Hitt
Kevin Foley
Kim Newbury
Margaret Rogers
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Asst. Town Manager
The first item on the agenda was Citizen Input.
Dave Kraft shared his belief that aerosol trails are being sprayed into the atmosphere
over Vail and in other areas of the country as part of a government conspiracy.
With restitution checks in hand, Battte Mountain High School students Max Ward and
Blaze Heuga apologized to Council for recently vandalizing the sidewalk at the Donovan
Pavilion. Council expressed dispteasure with the youth's graffiti. Kathy Valleau spoke in
defense of the youths for not identifying others involved.
The second item on the agenda was the Vail Youth Recognition Award Winners
Introduction.
Vail Valley Exchange President Scott O'Connell introduced the following recipients of the
Vail Youth Recognition Awards: Tony Ryerson from Vail Mountain School and Olivia
Fauland from Battle Mountain High School.
The third item on the agenda was Proclamation No. 6, Series of 2008 Building Safety
Week 2008. (May 5-11)
Rogers read a proclamation supporting Building Safety Week. Daly moved and Foley
seconded a motion to approve the proclamation. The motion passed unanimously, 7-0.
The fourth item on the agenda was the Consent Agenda.
i
a. Approval of the April 1, 2008, and April 15, 2008, Town Council Minutes.
Foley moved to approve the consent agenda with Foley seconding. The motion passed
unanimously, 7-0. '
The fifth item on the agenda was the Town Manager's Report.
➢ Revenue Update. '
Budget and Financial Reporting Manager Kathleen Halloran reported that when all sales
tax returns are received for the month of March, collections for the month are expected
to be $3.3 million, up 12% from March, 2007. The ski season collections thus far
(November - February) will be up 7.3%. For comparison, inflation as measured by the
consumer price index was up 4.0% compared with the prior year. Use tax collections
began as of January 1, 2008. As of April 28, collections total $64,643. Construction
permit revenue currently totals $671.5K, up 5.8% from this time last year. The increase
is due to major redevelopment projects, which make up 78% of the total. Construction
permit fee revenue from non-major projects is down 24% from this time last year. Real
Estate Transfer Tax (RETT) collections through April 28, 2008, total $2.3 million. This
amount is a 29% increase from this time last year primarily due to recent sales of major
redevelopment projects. Major redevelopment projects such as Arrabelle, Forest Place,
One Willow Bridge and Vail Plaza account for 41 % of year-to-date 2008 collections.
RETT collections from property transfers not related to major redevelopment projects
dropped by 13% year-to-date as of April, 2008 compared with 2007.
➢ Chamonix Planning Update.
Planner Scot Hunn told Council that on March 4, 2008, Council re-affirmed, with
modifications, the planning goals and design parameters originally adopted by the
Council on January 22, 2008, for the Chamonix Site Master Plan project. Also at the
March 4, 2008, meeting, the Council authorized staff and the consultant team to proceed
with conceptual design work for the Chamonix Site. On April 11, 2008, the Chamonix
Site Advisory Committee held a meeting to review three preliminary site plan concepts.
Cleveland commented, "This is our opportunity to maximize our ability to bring people
back to town." He then questioned the possible inclusion of one bedroom units as they
are not desirable to perspective buyers. Hunn said a recent survey indicated one
bedroom units were a desirable product. Daly questioned the validity of the survey due
to its small sample size. Hunn then explained that on May 7, 2008, staff would be
hosting the next committee meeting, to be followed by an evening neighborhood
meeting, to review the most recent, revised site plan concepts. "The intent of these
meetings will be to gain feedback from stakeholder groups prior to commencing with any
further design development of plans."
➢ Colorado Stage International Cycle Classic/Farmers Market.
Assistant Town Manager Pam Brandmeyer reported staff believed the simultaneous
hosting of the two events on Aug. 24 would be too cumbersome on town resources
(parking, crowd control, etc.). Rogers asked if the Farmers Market could be held in the
LionsHead area. Brandmeyer responded the town's resources were simply too limited to
host two large events. Hitt asked if the town was sure the cycling event would be held.
2
Representing the Vail Valley Foundation, Scott Bluhm confirmed the event would in fact
be held. Bluhm then announced a title sponsor would be named within the next two
weeks. The dates of the cycling event could not be moved. Gordon said he thought it
was imperative both events be held simultaneously. Rogers said she thought a synergy
would be created if both events co-existed. Gordon moved to hold both events
simultaneously with Rogers seconding. Farmers Market representative Rick Scalpello
said he believed the attendance estimates for the cycling event were overestimated.
Farmers Market representative Tom Kraubaker spoke in support of maintaining the Aug.
24 event date as did vendor Stephen Porter. The motion passed unanimously, 7-0.
➢ I-70 Collaborative Update.
Zemler provided Council an overview of the most recent decisions of the I-70
Collaborative. He explained local communities are beginning a process to examine
existing land-use regulations and zoning codes along the I-70 mountain corridor to
determine how they can be improved to facilitate better mobility and transit options to
relive congestion. "There is still some disagreement about lane widening in the Clear
Creek County area...l think we will get to where we need to get to pretty soon." During a
pause for public comment, Kaye Ferry said the collaborative efforts of the numerous
partners were improving. "They've made some significant strides even though the
contention remains in Clear Creek County." Vail Homeowners Association
representative Jim Lamont encouraged annexing the Dowd Junction area so the town
would be able to control improvements made to the interstate in that area.
➢ Parking Task Force Update.
Public Works Director Greg Hall reported the Parking Task Force would meet again on
May 13. During public comment, Kaye Ferry expressed concern Vail Resorts had put the
Ever Vail parking structure on the "back burner."
The sixth item on the agenda was Ordinance No. 1, Series of 2008, an ordinance
amending Chapters 12-13, Employee Housing, 12-23, Commercial Linkage, and 12-24,
Inclusionary Zoning, Vail Town Code, to establish requirements that no less than one-
half ('h) the employee housing mitigation requirements for new construction and
demo/rebuild projects be accommodated with on-site units.
Planner Bill Gibson reported that on March 10, 2008, the PEC voted 4-3-0 (Gunion,
Proper, and Viele opposed) to forward a recommendation of approval, with
modifications, for text amendments to establish standards and criteria related to
mitigating employee housing requirements, and setting forth details in regard thereto.
The Town Council held work session discussions concerning the proposed text
amendments on March 24 and April 15, 2008. Gordon clarified if a project was in the
current development review process (any accepted pending application for
redevelopment) it would not be subject to the new requirements. Gibson said there were
expirations for approvals. "The requirement for providing employee housing is not being
changed, only where they put it...The code applies to all properties (in the Town of Vail)
in general." Daly clarified the Council did not have the ability to lower a housing
requirement. He then asked that language be included that would address the
aforementioned Town Council ability to change the requirements for a project if they so
chose. Foley moved to approve the ordinance with Gordon seconding. Foley asked for a
list of all approved development applications prior to the next reading of the ordinance.
3
Chief of Planning Warren Campbell clarified Vail Resorts had submitted applications for
their proposed Ever Vail project. Local developer Peter Knobel said a Special
Development District could ask for deviations from these standards. Kaye Ferry said she
believed organizations such as the Vail Valley Medical Center should be required to
house employees locally and on-site. Local hotelier Johannes Faessler said this
ordinance would have precluded his recent hotel expansion. The motion passed
unanimously, 7-0. For more details, contact Gibson at 479-2178.
The seventh item on the agenda was the Second reading of Ordinance No. 10, Series
of 2008, repealing and re-enacting Ordinance No. 31, Series of 2007, Cascade Village,
amending and re-establishing the approved development plan for Area A of SDD No. 4,
pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the
construction of two additions (deck enclosures) to the south side of Vail Cascade Hotel,
located at 1300 Westhaven Drive/Cascade Village Subdivision).
On March 24, 2008, the PEC recommended approval of the request. On April 15, 2008
Council approved the first reading of Ordinance No. 10, Series of 2008, with the
condition staff verifies the proposed parking table on Page 16 of the ordinance. Rogers
moved to approve the ordinance with Gordon seconding. The motion passed
unanimously, 7-0.
The eighth item on the agenda 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 request for a final review for a development plan, pursuant to
Section 12-61-11, Development Plan Required, Vail Town Code; a request for final
review of a variance from Section 12-21-10, Development Restricted, pursuant to
Section 12-17-6, Criteria and Findings and Section 12-21-16, Right of Appeal; and a
request for final review of certain conditional uses, pursuant to Section 12-61-3,
Conditional Uses, Vail Town Code, to allow for a redevelopment of Solar Vail into a
mixed use development to include Type VI employee housing units, professional offices,
and public utilities installations including transmission lines and appurtenant equipment,
located at 501 North Frontage Road West/Lot 86, Block 2, Vail Potato Patch.
Planner Scot Hunn reported that on March 24, 2008, the PEC approved, with conditions,
a request for a final review for a development plan, pursuant to Section 12-61-11, Vail
Town Code; a request for final review of a variance from Section 12-21-10, Development
Restricted, pursuant to Section 12-17-6, Criteria and Findings and Section 12-21-16,
Right of Appeal; and certain conditional uses, pursuant to Section 12-61-3, Conditional
Uses, Vail Town Code, to allow for a redevelopment of Solar Vail into a mixed use
development to include Type VI employee housing units, professional offices, and public
utilities installations including transmission lines and appurtenant equipment, located at
501 North Frontage Road West/Lot 8B, Block 2, Vail Potato Patch, and setting forth
details in regard thereto. Council "called-up" this PEC action at its April 1, 2008, public
hearing by a vote of 7-0-0. Cleveland said Council had several concerns with the project
including uninterrupted height and lack of setbacks, snow storage as well as the use of
town land for access to the project. Project architect Henry Pratt said the building site
had significant limitations due to setbacks and 40% slopes. Pratt said the easiest way to
limit height is to remove units. Campbell said certain zone districts allow for construction
on 40% slopes although the Housing Zone District does not. Property owner Johannes
Faessler said the location of the project is ideal for employee housing. Daly asked how
many units he intended to sell. Faessler said he would not sell any units. He said last
winter his hotel required befinreen 70 and 80 employee beds. Faessler then said he
4
would utilize 2,500 sq. ft of office space and rent out the remaining 2,500 sq. ft. Rogers
said maximum density should be encouraged. Rogers moved to uphold the PEC's
recommendation subject to the PEC findings located on pg. 2 of the staff memorandum
with Gordon seconding. Cleveland said he had a problem with the project's driveway
being located on town land. Faessler said he was open to providing infrastructure
necessary for an ancillary project on an adjacent site. Town Attorney Matt Mire
recommended the development of a non-exclusive access easement. During a pause for
public comment, Vail Homeowners Association representative Jim Lamont encouraged
more articulation of the southern farade. "We need to strike a compromise...We need
to maintain a quality image for the community." The motion passed unanimously, 7-0.
The ninth item on the agenda was a proposed addition to the Town's Official Avalanche
Hazard Map at 4768 Meadow Drive/Lot 1, Block 7, Bighorn 5t" Addition.
Planner Bill Gibson explained that pursuant to Sub-section 12-21-13-H, Additions to
Maps, Vail Town Code: "If the applicant establishes at the hearing by clear and
convincing evidence that the information contained in the site specific geologic
investigation is reliable, the town council shall direct the Department of Community
Development to keep a copy of said site specific investigation on file in the Department
of Community Development and available to the general public and shall further direct
the department of community development to notate the appropriate official map
adopted by this chapter so that it indicates that said site specific investigation is on file
with the Department of Community Development." The applicant, Larry Deckard,
representing the property owner, submitted a site specific avalanche hazard study for
the subject property. The submitted study recommended amending the delineation of the
avalanche hazards on the subject site. Gibson then asked Council to direct the
Department of Community Development to keep a copy of said site specific investigation
on file in the Department of Community Development and available to the general public
and direct the Department of Community Development to notate the Official Avalanche
Hazard Map to indicate that said site specific investigation is on file with the Department
of Community Development. Newbury moved to approve the addition with Hitt
seconding. The motion passed unanimously, 7-0.
The tenth item on the agenda was the Park City Peer Resort Visit Outcomes.
Council members Hitt, Gordon and Rogers joined Mayor Cleveland in sharing their
observations following a recent peer resort visit they made to Park City, Utah. Daly
inquired if employee housing is a significant issue there. Hitt said in certain areas, Park
City has 100% on site employee housing requirements. He also noted the impressive
quality of the for-sale and rental employee housing units he toured. "They were much
more proactive in attacking the problem...They make their decisions based on what was
best for the community and didn't make decisions based solely on profit." It was also
identified that the Park City area resorts offered a transit service for their employees
living in outlying areas. Rogers said the town should work to improve relations with Vail
Resorts as she saw the benefits of a positive municipality/ski company relationship. Hitt
encouraged placing open space in a third party trust to, "protect ourselves from
ourselves." Gordon said the town should continue to pursue a green building code.
Cleveland noted traffic on Main Street was a significant issue in Park City. He also
noted the Park City Chamber handled all of the special events. Council agreed to
continue scheduling peer resort visits as they are quite valuable and enlightening.
5
Zemler thanked Economic Development Manager Kelli McDonald and then Special
Projects Manager Jamie Gunion for their work in scheduling the visit.
The eleventh item First reading of Ordinance No. 11, Series of 2008, An Ordinance
Amending Title 4 of the Vail Town Code by the Addition of a New Chapter 12, Entitled
"Sexually Oriented Business."
Town Attorney Matt Mire explained Town Code did not have regulations concerning
sexually oriented business. Adding Chapter 12 "sexually Oriented Business" to Title 4 of
the Vail Town Code the council is insuring the public's health, safety and welfare by
establishing reasonable regulations to reduce the adverse secondary effects of such
businesses within the town. Rogers moved to approve the ordinance with Fotey
seconding. The motion passed unanimously, 7-0.
The twelfth item on the agenda was the Second reading of Ordinance No. 8, Series of
2008, an Ordinance amending Chapter 12-3, Administration and Enforcement, Vail
Town Code, to establish procedures for approving public art in private development.
On October 22, 2007, the PEC voted to recommend denial to Council for proposed text
amendments requiring public art for certain development projects. On November 20,
2007, Council voted 4-3 to deny Ordinance No. 33, Series of 2007, which would have
codified those requirements. Council then directed staff to propose text amendments
including only the basic requirements and procedures for review of public art. The
proposed text amendments were based on the previous request, with requirements for
public art omitted, per Council's request. On March 10, 2008, the PEC voted
unanimously to recommend approval of the text amendments. On April 15, 2008, the
Council unanimously voted to approve Ordinance No. 8, Series of 2008, upon first
reading. Newbury moved to approve the ordinance for second reading with Rogers
seconding.
The thirteenth item on the agenda was the 2008 Asphalt Overlay Project.
Town Engineer Tom Kassmel asked Council to authorize the Town Manager to enter
into an agreement with B&B Excavating to complete the 2008 Overlay Project in the
amount of $269,941.48. Staff received finro bids for the 2008 Overlay Project, with B&B
Excavating the low bidder. Submitted bids were within budget and below the engineer's
estimate. The project consists of a maintenance asphalt overlay on portions of roads in
East Vail, an asphalt mill and overlay of Vail Valley Drive from the South Frontage Road
to Gold Peak, and asphalt patching on East LionsHead Circle. The project is budgeted
as follows: $269,941.48 from the Capital Street Maintenance Budget.
Daly moved to authorize the Town Manager to enter into an agreement with B&B
Excavating to complete the 2008 Overlay Project in the amount of $269,941.48 with
Rogers seconding. The motion passed unanimously, 7-0.
The fourteenth item on the agenda was Adjournment.
Newbury moved to adjourn with Foley seconding at approximately 10:00 p.m. The motion
passed unanimously, 7-0
6
Dick Cleveland, Mayor
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Lorelei Donaldson, Town Clerk
Minutes provided by Corey Swisher.
7
F--
VTown Council Meeting Minutes
Tuesday, May 20, 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 Cleveland.
Members present: Dick Cleveland, Mayor
Kevin Foley
Mark Gordon
Farrow Hitt
Kevin Foley
Kim Newbury
Margaret Rogers
Farrow Hitt
Not present: Andy Daly
StafF Members: Stan Zemler, Town Manager
Matt Mire, Town Attomey
The first item on the agenda was Citizen Input.
Cleveland announced local resident Buddy Lazier recently qualified to race in the
Indianapolis 500.
The second item on the agenda was the Town Manager's Report.
➢ Fourth of July Policies.
Police Chief Dwight Henninger outlined public safety plans for the July Fourth holiday,
which includes maintaining the traditional youth curfew during the evening of the
Fourth. "The only thing we are going to change is that regular Vail Transit and ECO
bus service will continue as normally scheduled."
➢ Parking Structure Annual Maintenance Update.
Brandmeyer reported annual cleaning and re-striping would be taken place over the
next few weeks in the parking structures. Rogers encouraged the parking of
construction vehicles in outlying areas of the structures to make more convenient
spaces available for shoppers and diners.
1
➢ I-70 Overlay Update.
Colorado Department of Transportation (CDOT) representative Gary Suiter explained
I-70 overlay construction would begin the following week. "Project work will take place
from 6:30 p.m. through 6:30 a.m. Sunday through Thursday...The project is
scheduled to last 100 days with financial incentives in place to complete the project
early." The overlay will include all of I-70 between Dowd Junction and the East Vail
exit. Suiter clarified a smaller aggregate pavement would be used to create a
smoother ride and produce less road noise. Monthly meetings will be held in the Vail
Town Council Chambers to keep the community informed of the progress. Hitt
clarified a different general contractor was in place to perform the work than was used
in 2007. CDOT Resident Engineer Martha Miller reported barriers would continue to
be installed in Dowd Junction. "This year they will be pre-cast as opposed to cast in
place." Zemler asked if pre and post road noise would be monitored. Miller said that
work had not been part of the contractor's bid. Cleveland verified with Miller that
adequate signage would be provided. Gordon thanked Suiter and Miller for their
outreach efforts.
The third item on the agenda was an Appointment to the VLMDAC.
Assistant Town Manager Pam Brandmeyer asked Council to appoint one applicant to
fill a vacancy on the VLMDAC (terms expire December 31, 2009) at the evening
meeting. The mission of the VLMDAC is to strengthen the area economy by attracting
visitors to Vail in the May to October time frame. Per C.R.S. 29-5-111 General powers
of district. (1)(g) All applicants must be "owners of property within the boundaries of
the district," which includes by definition corporations or entities which own property
"within the boundaries of the district." Should an entity be appointed to this advisory
council, it would then be up to that entity to appoint its designee. Additionally, owners
of "taxable personal property" will be considered for appointment. The town received
three (3) applications for the vacancy. The applicants were: Jamie Gunion, Todd
Gurley and Michelle Kobelan. Newbury moved to appoint Gunion to the VLMDAC with
Foley seconding. The motion passed unanimously, 6-0.
The fourth item on the agenda was a Review of Development Options on the North
Day Lot (NDL) and Provide a Decision to Proceed to Next Steps of the Preferred
Option.
Due to a predetermined conflict of interest (Vail Resorts affiliation) Mark Gordon
recused himself from the item and left the Council Chambers. Public Works Director
Greg Hall informed Council there were four primary questions related to the project
Council needed to address: 1) What transportation modes should be placed on the
north day lot? 2) What are the alternatives if we don't place all the modes on the site?
3) How do we pay for it? 4) Next steps?
Council previously encouraged the redevelopment of the NDL to meet the goals of the
master plan for this site. Specifically, that the uses of transit, skier drop off and hotel
shuttles occupy the ground level of the site and these uses be placed on the eastern
end of the site to better accommodate the users and provide a defined sense of arrival.
Town staff and Vail Resorts Development Company (VRDC) staff and their design
team provided revised development site plans. The presentation reviewed the pros
and cons of each option as well as the costs.
2
Staff recommended:
1) Place all modes on the site.
2) No alternative is needed except, if and when the LionsHead Parking Structure
redevelops, move the transit vehicles to that site if the design for the transit
center is similar to the Open/Hillwood proposal.
3) Secure the remaining federal dollars; pursue other transit fund sources
available; and make up the difference with Tax Increment Financing, if a
shortfall still exists, make it up using capital, Real Estate Transfer Tax (RETT)
or General Fund dollars.
4) Set a 60-day period to meet with Vail Resorts to refine the design to better
meet the concerns of all involved. Refine costs of the design and prepare an
agreement for councif approval authorizing the town's intent to move forward
with the project.
Rogers confirmed federal funds would not be available for the project if it did not
include mass transit. Hall said he believed Concert Hall Plaza would not be impacted
by development of the NDL. Ruther explained through the adoption of the master plan
six fundamental design objectives were set that relate to the entire LionsHead study
area. The six design objectives include: pedestrian environment; connections to the
natural environment; vehicular circulation; transit; service and delivery; and parking.
Hall confirmed there was a three year window on the availability of the approved
federal transit dollars. This would mean the grant approval expires in 2010. Vail
Resorts CEO Rob Katz told Council, "I think we agreed it would be a very good idea to
have a transit center in LionsHead...l think the issue we have with it is cost. The
question is, is this a good use of funds? Should this be the priority? We think moving a
transit center to EverVail will save between $12-15 million...ls there a guarantee we
will build EverVail...The answer is essentially yes...We are ready to go (on the NDL)
and we have been ready to go for quite some time...We are very committed to
meeting all the intentions and agreements we entered into in December." Landmark
Condominiums legal representative Dan Wolfe said, "I'd like to remind Council this
project is going to be pretty impactFul on the Landmark...l would suggest the North
Day Lot is not the best location for a transportation Center...l would ask that Council
not approve buses on the North Day Lot." Landmark Homeowner Rita Evans spoke in
opposition to placing a transportation center on the North Day Lot. Landmark
Developer Ron Clarkson explained the Landmark planned to redevelop in the near
future. Jeff Jacobs, general manager of the Wesfinrind Condominiums (adjacent
property) asked Council to perform an environmental impact assessment prior to
developing a transit center on the North Day Lot. Kim Hughes, part owner of Concert
Hall Plaza, encouraged Council to continue to develop the West LionsHead area. He
also said he and his partners were willing to be partners with the town in their
redevelopment. Local developer Ron Byrne encouraged Council to continue to move
on the NDL post haste and take advantage of the developer's eagerness to continue.
Katz clarified his transit center estimates did not include land costs. Vail Homeowners
Association representative Jim Lamont said, "We have no clue what the demand for
mass transit into this community is going to be...We would be well advised to spend
the money...You (Council) are going to throw away our transit future for 120 employee
housing beds?" Tom Steinberg commented, "The whole purpose of our bus system
was to reduce our parking problems when we started our bus system 30 years
ago...The NDL is the logical place for the transportation center." Geoff Wright, general
manager of Landmark Condominiums reiterated that the homeowner's association was
3
adamantly opposed to using the NDL lot for buses. Rogers said she believed the town
couid not wait five to ten years (in reference to the LionsHead Parking Structure
redevelopment) to obtain a new transit center. "The master plan identifies the North
Day Lot as an ideal site for a transit center." Hitt spoke in support of transit on the
NDL. He encouraged continuity with past Council decisions in regard to the
development of the LionsHead Redevelopment Master Plan. Newbury said the town
would do its best to mitigate the impacts of buses on the NDL. Foley said to try and
"shoehorn" four bus stalls on the NDL would be wrong. Cleveland said he supported
transit, but believed the transit center cost estimates would only continue to escalate.
He then said he believed shuttle bus drop off was in fact skier drop off. Rogers moved
to approve transit on the site as contained in site plan options one and finro, with
Newbury seconding. The motion passed 3-2 with Foley and C►eveland opposed.
Rogers moved to extend the agreement with VRI for up to 60 days with Hitt seconding.
The motion passed unanimously 5-0. Rogers clarified transit on the NDL would not be
revisited.
The fifth item on the agenda was an update to the Council on progress made in
developing and reviewing three (3) site plan "options" based on planning goals and
design parameters approved by the Council as well as comments from the Chamonix
Site Master Plan Advisory Committee; a report on the Advisory Committee and
neighborhood meetings held on May 7, 2008; and a request for clarification from the
Council on the issue of unit mix and the "target markeY" for the anticipated `for-sale'
housing product.
Planner Scot Hunn asked Council to provide staff and the design team with
clarification regarding approved master planning goals and design parameters, with
specific regard to the preferred housing mix and the anticipated target market for the
for-sale portion of the project. On March 4, 2008, Council re-affirmed, with
modifications, the planning goals and design parameters originally adopted by the
Council on January 22, 2008, for the Chamonix Site Master Plan project. Also at the
March 4, 2008, meeting, Council authorized staff and the consultant team to proceed
with conceptual design work for the Chamonix Site. On April 11, 2008, the Advisory
Committee held a meeting to review three (3) preliminary site plan concepts for the site
and provided feedback and suggestions to the staff and consultant team. Staff traveled
to Aspen on April 17, 2008, to work with the consultant team to refine ideas and
revisions generated from the advisory committee's comments. On May 7, 2008, staff
hosted a Committee meeting, followed by an evening neighborhood meeting, to review
the most recent site plan concepts. The intent of those meetings was to gain feedback
from stakeholder groups regarding preliminary site plan "options" prior to commencing
with any further design work. Project planner Gilbert Sanchez then reviewed three site
plans with the primary focus being desired density. Foley, Cleveland and Hitt
supported medium density, while Newbury and Rogers encouraged high density.
Cleveland said he would not support a separate structure to house Fire Department
student residents. Hitt said he believed it was imperative all fire house bays be drive-
through so as to avoid fire apparatus reverse signals. It was established that 14 units
per acre was the minimum threshold. Gordon commented, "I would like to view this
project as a free market project and provide the market with what it wants." During a
pause for public comment, Kaye Ferry asked if the Ambulance District would be
involved in the planning. Zemler said the town had recently engaged the ambulance
district.
4
The sixth item on the agenda was a Visitor Center Contract Discussion.
Determine next steps in the selection process as it relates to the future operation of
the Visitor Information Centers. The current term of the operational contract with Vail
Info, Inc., runs to September 30, 2008.
Community Information Officer Suzanne Silverthorn informed Council that on October
1, 2005, Vail Info, Inc., assumed contractual operation of the Vail Visitor Information
Centers in Vail Village and LionsHead following a request for proposal (RFP) process
in 2005 and subsequent selection by the Vail Town Council from among three
bidders. The contract provided an annual review process with the option to renew
each year for a total of three years to be funded from the town's General Fund. The
current term of the operational contact runs to September 30, 2008. Silverthorn then
said it was the recommendation of the Visitor Information Center Committee to
negotiate a new operational contract with Vail Info, Inc., for another three-year period
effective October 1, 2008. "It is recommended the contract provide for an annual
review process with the option to renew the contract each of the three years until
September 30, 2011." This option was reviewed by the Town Attorney and was
deemed an acceptable recommendation as it relates to the town's bidding procedures
and processes for contractual services. The Visitor Information Center Committee
also recommended continuation of the commission-free Council policy enacted in
2005 for overnight lodging bookings by participating Vail properties. Silverthorn
stated, "The town is satisfied with the performance of the current operator, Vail Info.
Inc." Silverthorn also said she had heard from the two chambers that had submitted
proposals in 2005 and that neither organization was prepared to submit a proposal
this year. Hitt said Vail Info. Inc. had been very creative and exceeded expectations.
"I think we should absolutely continue with him." Hitt moved to extend the contract
with Vail Info, with Foley seconding. The motion passed unanimously, 6-0.
The seventh item on the agenda was an Art in Public Places (AIPP) Summer
Exhibition, Workshop and Bronze Pour.
AIPP Coordinator Leslie Fordham informed Council that AIPP holds an annual art
exhibition in Ford Park. "This year, five sculptures by artist James G. Moore will be
featured Moore makes large scale bronze bells embellished with scenes of wildlife.
In past years, the summer exhibition has included an educational component...There
has been the opportunity to meet the artists and attend informational lectures. AIPP
has identified an educational opportunity for the visual arts this summer that will excite
residents and guests." Following the success of the Heavy Metal Weekend in January,
AIPP requested permission to host a summer sculpture workshop and bronze pour.
The workshop, a family event, will give people the opportunity to make their own small
bells similar to those in the exhibition. Sculptures made in the workshop will then be
cast in a"bronze pour" held in Ford Park. The bronze pour, a visually exciting event,
would take place on July 24 and will capture the interest of those looking for an
evening activity or leaving the Bravo concert. In addition to casting bells made in the
workshop, AIPP will cast bells with the Vail logo that can be sold to raise funds for the
program. The Summer Exhibition with a bronze pour and workshop will cost $14,945.
AIPP budgeted $7,000 for the exhibition only. Sponsors have contributed $2,400 to the
summer event. It was estimated $2,500 can be raised via the sale of bronze bells with
the Vail logo. Income from the workshop is estimated to raise approximately $500.
AIPP requires an additional $2,545 to fund the project. The AIPP 2008 budget holds a
5
line item titled Acquisition/Project Fund. The Board will use the Acquisition/Project
Fund to pay the remaining cost of the project. AIPP requested Council approve the
expenditure for the Summer Exhibition, Workshop and Bronze Pour. Rogers moved to
approve the request with Gordon seconding. The motion passed unanimously, 6-0.
The eighth item on the agenda was the First reading of Ordinance No. 9, Series of
2008, an ordinance amending Special Development District No. 6, Vail Village Inn,
pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for
an addition to the Osaki Sushi Restaurant, located at 100 East Meadow Drive/Lot O,
Block 5D, Vail Village Filing 1.
Prior to the Evening Meeting, the applicant requested the ordinance be tabled until
June 3, 2008. Newbury moved to table the ordinance until June 3, 2008 with Rogers
seconding. The motion passed unanimously, 6-0.
The ninth item on the agenda was the First Reading of Ordinance No. 13, Series of
2008, an Ordinance amending Chapter 12-2, Definitions, Article 12-7G, Heavy Service
District, Chapter 12-14, Supplemental Regulations, and Chapter 12-16, Conditional
Use Permits, Vail Town Code, to allow for sexually oriented businesses as a
conditional use in the Heavy Service District.
Planner Rachel Friede reported that on May 6, 2008, Council unanimously approved
Ordinance No. 11, Series of 2008, upon first reading. Ordinance No. 11, Series of
2008 established licensing requirements for sexually oriented businesses with
amendments to Title 4, Business and License Regulations, Vail Town Code.
Ordinance No. 13, Series of 2008, includes proposed text amendments to Title 12,
Zoning Regulations, Vail Town Code, that establishes sexually oriented businesses as
a conditional use within the Heavy Service (HS) Zone District.
On May 12, 2008, the PEC unanimously voted to recommend approval of the
proposed text amendments to the Vail Town Council. Newbury moved to approve the
ordinance with Foley seconding. The motion passed unanimously, 6-0.
The tenth item on the agenda was the First reading of Ordinance No. 5, Series of
2008, an ordinance approving a major amendment to 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).
Through a request 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 June 3, 2008. Newbury moved to table the item until June 3,
2008 with Rogers seconding. The motion passed unanimously, 6-0.
The eleventh item on the agenda was the Second Reading of Ordinance No. 1,
Series of 2008, an ordinance amending Chapters 12-13, Employee Housing, 12-23,
Commercial Linkage, and 12-24, Inclusionary Zoning, Vail Town Code, to establish
requirements that no less than one-half (1/2) the employee housing mitigation
requirements for new construction and demo/rebuild projects be accommodated with
on-site units.
6
On March 10, 2008, the PEC voted 4-3-0 (Gunion, Proper, and Viele opposed) to
forward a recommendation of approval, with modifications, for text amendments to
establish standards and criteria related to mitigating employee housing requirements.
Council then held work session discussions concerning the proposed text
amendments on March 24 and April 15, 2008. On May 6, 2008, Council approved the
first reading of Ordinance No. 1, 2008, by a vote of 7-0-0. During a pause for public
comment, Pam Stenmark said most employees chose not to live on site. Vail
Homeowners Association representative Jim Lamont said he thought the zoning
change was reasonable. Hitt moved to approve the ordinance with Rogers seconding.
The motion passed unanimously, 6-0.
Newbury left the meeting at approximately 10:20 p.m.
The twelfth item on the agenda was the Second reading of Ordinance No. 11, Series
of 2008, An Ordinance Amending Title 4 of the Vail Town Code by the Addition of a
New Chapter 12, Entitled "Sexually Oriented Business.
The Town Code currently does not have regulations concerning sexually oriented
business. By adding Chapter 12 "Sexually Oriented Business" to Title 4 of the Vail
Town Code, the council is insuring the public's health, safety and welfare by
establishing reasonable regulations to reduce the adverse secondary effects of such
businesses within the Town. Rogers moved to approve the ordinance with Foley
seconding. The motion passed unanimously, 5-0.
The thirteenth item on the agenda was a 2008 Curb and Gutter Repair bid.
Staff has received one bid for the 2008 curb and gutter repair program. The submitted
bid from B&B Excavating is within budget and within ten percent of the engineer's
estimate. The project consists of removal and replacement of damaged concrete
pan/curb and gutter. Gordon moved to a authorize the Town Manager to enter into an
agreement with B&B Excavating to complete the 2008 curb and gutter repair in the
amount of $379,876.93 with Rogers seconding. Foley clarified the work would take
place throughout town. The motion passed unanimously, 5-0.
The fifteenth item on the agenda was Resolution No. 11, Series 2008, a Resolution
Approving an Intergovernmental Agreement Between the Town of Vail, Colorado and
the Eagle River Water and Sanitation District (ERWSD) Regarding Drainage and
Sewage Improvements Along Beaver Dam Road and Beaver Dam Circle.
ERWSD is replacing the water and sewer lines in Beaver Dam Road and Beaver Dam
Circle over the next finro years. The Town of Vail needs to complete budgeted drainage
and road improvements along Beaver Dam Rd and Beaver Dam Circle. It is in the best
interest of both the Town and ERWSD to complete the projects simultaneously using
one contractor. At the March 18th Council meeting, the Council gave staff direction to
proceed with the development of an IGA with ERWSD to cost-share the project and
bring it back to Council for approval once the construction bids had been opened and
costs were known. ERWSD has since had the public bid opening and has awarded the
contract to the lowest qualified bidder, Western Slope Utilities. The town's portion of
work has been bid at $304,765.52 plus costs for field measured restoration. This
project has been budgeted within the Capital Street Maintenance Budget. Foley asked
7
if landscaping along Beaver Dam Road would be adequately replaced. Hitt moved to
approve the resolution with Foley seconding. The motion passed unanimously, 5-0.
The sixteenth item on the agenda was Adjournment.
Hitt moved to adjourn with Rogers seconding. The motion passed unanimously, 5-0, at
approximately 10:30 p.m.
. • . Il
~
Dick Cleveland, Mayor
~ •
ATTEST:
i
Lorelei Donaldson, Town Clerk
Minutes provided by Corey Swisher.
8
Vail Town Council Meeting Minutes
Tuesday, June 3, 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 Cleveland.
Members present: Dick Cleveland, Mayor
Mark Gordon
Farrow Hitt
Kevin Foley
Kim Newbury
Margaret Rogers
Andy Daly
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attomey
Pam Brandmeyer
The first item on the agenda was Citizen Input.
Colorado Department of Transportation representative Michelle Halstead introduced
herself to Council. Halstead serves in CDOT's office of government relations and is a
point of contact for the community as it relates to CDOT issues and concerns.
The second item on the agenda was the Presentation of the 2007 Audit Report.
Michael Jenkins, C.A., C.P.A., and a principal of McMahan and Associates, LLC,
presented the results of the 2007 audit to the Council and the public. "This was an
independent examination of the town's financials." In accordance with section 9.11 of
the Vail Town Charter, an independent audit shall be made of all town accounts at least
annually. The audit shall be conducted by certified public accountants and copies made
available for public inspection at the municipal building. Jenkins reported the town's
finances are healthy and thanked Finance Director Judy Camp and Budget & Financial
Reporting Manager Kathleen Halloran for their diligent efforts and accounting accuracy.
Jenkins commented on an "except for" clause in the auditor's opinion concerning Timber
Ridge's ability to continue as a going concern. Regarding Timber Ridge, Daly
responded, "The net results are not a significant component to the overall financiat
health of the town...This is not a significant issue compared to the town's ability to meet
its financial obligation...lt does not reflect the solid financial position of our community..."
Jenkins and Zemler clarified the recent credit card issues in the Vail parking structures
had been addressed and the system was improving.
The third item on the agenda was Betty Ford Alpine Gardens (BFAG) Update.
1
BFAG Executive Director Ann Kurronen thanked Council for its continued financial
support. "Your supporting us has helped us become what we are today...We are
nationally recognized in the botanic garden community...We see 100,000 visitors come
through the gardens and we do not charge...The gardens host numerous programs for
children and we do not charge for that either...We will be celebrating our 2pth
anniversary this summer.. Several programs are scheduled to celebrate the event...
Garden Smart, the longest running television garden show in the country, witl be
producing a segment on what Vail does to beautify the city." Kurronen also mentioned
the gardens had been nominated as a finalist for the best botanic garden in the country
by Horticulture Magazine. Daly clarified the garden's budget was approximately
$400,000. Kurronen explained "We are pretty well planted as this point...We don't have
to spend a whole lot on plants anymore."
The fourth item on the agenda was the Town Manager's Report.
➢ Revenue Update.
Budget and Financial Reporting Manager Kathleen Halloran reported as part of revenue
monitoring and budget ptanning, staff will continue to follow current information on
available financial and economic trends such as housing sales, consumer confidence
and inflation. That information, along with year-to-date revenue collection, will factor into
the town's analysis of budgeted revenues. Two major revenue categories described
below include a brief summary of market or economic assumptions. Sales tax collections
continued at a healthy pace overall with January through April estimated collections of
$10.5 million, up 6.6% from last year. Meanwhile, the consumer price index is 3.9%
higher than April 2007, which identifies the portion of increase potentially caused by
inflation. Year-to-date sales tax revenue is 3.8% higher than budgeted for the same time
period. The month of April is estimated at $1.1 million, down 18.21 % from last year due
to the timing of Easter (March '08 versus April '07). The 2007/2008 ski season is
expected to be up 4.8% from the prior ski season, reflecting good snow. Year to date
property tax collections of $2.7 million are $802,000, or 42% higher than prior year. A
28% increase was budgeted for 2008. An additional 12-18% of incremental property tax
revenue ($450,000 -$650,000) was estimated when the county's final assessor's report
was published. Tax collections are tracking as projected. Use tax collections began as of
January 1, 2008. As of May 29, collections total $156,458. Atthough larger collections
throughout the summer construction period are anticipated, the town currently does not
have any revenue budgeted for this item in 2008. Ski lift tax revenue of $2.6 million
through April is up 7.5% from last year and November - April ski season revenue of $3.2
million is up 3.3% from the prior ski season. Year-to-date parking revenue of $2.9 million
through April, 2008 is up 6.0% from the same point in time last year. For the ski season
(November 2007 through April 2008), parking revenue of $4.5 million is up 11.2% from
the 2006/2007 season, mainly due to increased pass sales and pricing. Construction
permit volume is 34% higher than last year with construction permit fee revenue of $1.1
million through May 30, 2008, compared with $817,000 for 2007. The total annual
budget for this line item is $1.3 million. This year's revenue includes $902,000
(83% of the total) from five large redevelopment projects: Lionsquare Lodge North,
Mountain View, Ritz-Carlton, Safeway and Solaris. Major redevelopment projects
accounted for $519,000 (64% of total) at this time last year. Construction permit fees
from non-major projects have decreased by 36% from last year. Construction permit
fees include building, electrical, mechanical, plumbing, and sprinkler permits. RETT
collections of $2.9 million through May 26, 2007 are 30% higher than this time last year.
2
2008 collections include the following major projects to-date: Arrabelle at Vail Square,
Forest Place, One Willow and Vail Plaza. Last year's collections included tax on a
portion of three large projects: Forest Place, Gore Creek Place and Manor Vail. Major
projects account for 46% of year-to-date collections in 2008, compared to 11 % of the
total in 2007. RETT collections from property transfers not related to major
redevelopment projects dropped by 22% year-to-date as of May, 2008, compared with
2007.
➢ Vail Child Care Center Re-Allocation.
The matter was addressed during the information update earlier in the day.
The fifth item on the agenda was the Consent Agenda.
➢ Approval of 05.06.08 and 05.20.08 Town Council Minutes.
Hitt moved to approve the consent agenda with Rogers seconding. The motion passed
unanimously, 7-0.
The sixth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail
Town Code, of the Town of Vail DRB's denial of a Design Review application, submitted
according to Chapter 11, Design Review, Vail Town Code, to allow for installation of an
information kiosk, located on Tract B-C, Vail Village Filing 1(On Bridge Street, north of
the Covered Bridge, across East Meadow Drive from the Vail Transportation Center,
near the skier statue).
Chief of Planning Warren Campbell explained that on May 7, 2008 the DRB denied the
design review application to allow for installation of an information kiosk. The DRB
denied the request with the finding that the design of the kiosk did not meet the intent of
Section 14-10-5A, Building Materials and Design, Vail Town Code. In particular, the
synthetic roof material proposed did not comply with Section 14-10-5.A, criteria numbers
1-3, Vail Town Code. DRB Chairman Pete Dunning said the matter comes down to one
issue. "The town wants to use a material that has not been approved to be used in the
Town of VaiI...Architectural appearance is key to the continued success of the town."
Rogers commented, "I'm a little embarrassed the town is asking for an exception to the
code that everyone else has to adhere to." Project Manager Todd Oppenheimer
responded, "This is a prototype installation and we are only asking for one of these at
this time." Oppenheimer explained that life expectancy is why staff recommended the
proposal. "For what things cost this is a pretty good deal". Newbury moved to uphold
the DRB opinion with Rogers seconding. During a pause for public comment, Kaye
Ferry spoke in support of the kiosks. "I'd say conservatively we've worked on this for ten
years maybe fifteen...This is a little kiosk that is going to sit in the middle of the street
and protect all sorts of computer equipment; there are a lot special little things that need
to be built into this... We still have no mechanism to tell our guests where they are
standing and where they are going to go." Rogers stated for the record that design
standards do not only apply to residences. Daly encouraged having the kiosk
manufacturer work directly with the DRB. Foley asked for future discussion about the
cost and value of placing kiosks around town. The motion to uphold passed
unanimously, 7-0.
The seventh item on the agenda was the 2009 Triumph Winterfest Artist Selection.
3
Council was informed AIPP held an ice sculpture event in January, 2008.Seventeen ice
sculptures, lit internally with LED's were placed on Gore Creek Promenade where they
delighted all who saw them. AIPP has setected artist Lawrence Argent to once again
design ice sculptures for a 2009 event. The artist requested a design fee of $5,000
which includes taking responsibility for the artistic concept, site visits to determine
placement and being on site to assist with placement and installation. The AIPP Board
determined the total budget for the 2009 Triumph Winterfest, including artwork,
installation, lighting and publicity will not exceed $40,000. Funding for the project comes
from Triumph Development. AIPP Board members believe Triumph Winterfest makes a
significant contribution to the Town of Vail, provides entertainment and stimulates
cultural and economic vitality. Lawrence Argent, a nationally known artist will create ice
sculptures that will contribute significantly to Vail's reputation as a world class resort.
Council agreed the event was acceptable.
The eighth item on the agenda was a, LionsHead Inn LLC, represented by the Mauriello
Planning Group, request to proceed through the development review process with a
proposal to make improvements on town-owned right-of-way in conjunction with a
proposed redevelopment of the LionsHead Inn and LionsHead Inn Annex (Fabulous Vail
Glo).
Chief of Planning Warren Campbell reported to Council it was the desire of the applicant
to apply for an amended major exterior alteration application and design review
application to make improvements on town-owned West LionsHead Circle right-of-way,
in conjunction with the approved LionsHead Inn and LionsHead Inn Annex
redevelopment known as Strata. The proposed improvement was a vehicle pull-off area
that could accommodate finro vehicles. The applicant was required to obtain Council (i.e.
property owner) approval before proceeding through the town's development review
process. The Community Development Department recommended Council deny the
applicant's request to proceed through the development review process. Applicant
representative and architect Will Hentschel provided Council with a brief description of
the project. Project applicant Rocky Cortina said the purpose of the request was to make
the entrance to the proposed development more inviting. Gordon moved to grant the
applicant permission to move through the development review process with Hitt
seconding. Newbury asked if the proposal was an adequate location for loading and
delivery. "I think you would expect to see there would be a lot more than just for Strata."
Allison Kent from the Mauriello Planning group said onsite drop-offs had been
investigated. Rogers said we don't want to encourage hotel drop offs on the public right-
of-way. "The request is we give up public right-of-way so they can have more property."
Cleveland commented, "There is insufficient room for existing uses today and (if
approved) we take the ability away from the town to address the issues that exist today
let alone to address issues in the future." The motion failed 3-4 with Hitt, Gordon and
Foley voting in favor.
The ninth item on the agenda was the First reading of Ordinance No. 9, Series of 2008,
an ordinance amending SDD No. 6, Vail Village Inn, pursuant to Section 12-9A-10,
Amendment Procedures, Vail Town Code, to allow for an addition to the Osaki Sushi
Restaurant, located at 100 East Meadow Drive/Lot O, Block 5D, Vail Village Filing 1.
The applicants requested Council table the first reading of Ordinance No. 9, Series of
2008, to its July 1, 2008, public hearing to allow the applicants additional time to resolve
issues related to the condominium association's approval of this request. On April 28,
4
2008, the PEC voted 4-0-2 (Kjesbo and Viele recused) to forward a recommendation of
approval, with conditions, for a major amendment to SDD No. 6, Vail Village Inn, to allow
for an addition to the Osaki Sushi Restaurant, located at 100 East Meadow Drive/Lot O,
Block 5D, Vail Village Filing 1. On May 20, 2008, Council tabled this item to June 3,
2008, hearing at the applicants' request. Gordon moved to table the item until July 1
with Daly seconding. Hitt expressed concern the town was placing onerous demands on
the applicant. The motion passed unanimously, 7-0.
The tenth item on the agenda was the first reading of Ordinance No. 14, Series of 2008,
an Ordinance Amending Title 1, Chapter 3, Section 2 of the Vail Town Code by the
Addition of the Definition of the Word "Publication."
Town Attorney Matt Mire said Section 4.10 of the Town Charter requires publication of
ordinances upon their introduction and adoption. The Charter does not define what is
required by "publication". In 2007, the town spent $19,693 for publication of its
ordinances in the Vail Daily, requiring the Town Clerk to increase the office advertising
budget during the third supplemental appropriation by an additional $12,000. In 2008,
the town has spent $8,106 to date to meet its legal requirement for publication of these
notices. Nationwide, studies have shown that 73% of households have a computer in
their home or have access to a computer at work or at their local libraries. This
percentage increases in locations such as Vail where citizens have a higher education
rate than the national average. An estimated 70 percent of properties in Vail are owned
by part-time residents. By publishing the town's ordinances on its Web site (vailgov.com)
not only will all property owners have direct access to the ordinances it is also more
fiscally and environmentally responsible. Cleveland and Mire clarified the ordinance
would give town staff complete control over the process (as opposed to relying on
adequate and timety publication by the Vail Daily). General Manager of Colorado
Mountain News Media (publisher of the Vail Daily), Steve Pope stated the real issue at
hand, "is that raw communication supports the democratic process...These channels
only work for people who already have an interest in a town happening...The Vail Daily
reaches 92% of your constituents...Open government is the significant issue here."
Realvail.com co-owner David Williams said by posting legislation on the internet Council
was not hiding information from their constituents. "We (realvail.com) are an alternative
that exists to help you drive traffic...We could help drive traffic to your site by cross-
Iinking...lYs an archaic notion to print page after page of nine-point font ordinances in the
Vail Daily." Kaye Ferry and Michael Cacioppo spoke in support of maintaining print
publications. Realvail.com co-owner Tom Boyd encouraged Council to give it the option
to change. Rogers moved to approve the ordinance with Newbury seconding. Hitt said
he believed the town should not entirely pull out of the newspaper. Daly commented,
"I'm in favor of communicating with our constituents in as many ways as possible."
Cleveland said the change would serve as an additional tool for the future and "gives us
more options." The motion passed 5-2, with Foley and Gordon opposed. Mire apologized
to Council for not providing more detail as he believed the item was more explanatory.
The eleventh item on the agenda was the second reading of Ordinance No. 13, Series
of 2008, an Ordinance amending Chapter 12-2, Definitions, Article 12-7G, Heavy
Service District, Chapter 12-14, Supplemental Regulations, and Chapter 12-16,
Conditional Use Permits, Vail Town Code, to allow for sexually oriented businesses as a
conditional use in the Heavy Service District.
5
On May 12, 2008, the PEC voted unanimously to recommend approval of the proposed
text amendments to the Vail Town Council. On May 20, 2008, the Vail Town Council
unanimously approved Ordinance No. 13, Series of 2008, upon first reading.
Newbury moved to approve the ordinance as subject to the findings on page 2 in the
staff memorandum dated June 3 with Gordon seconding. The motion passed
unanimously, 7-0.
The twelfth item on the agenda was Adjournment.
Newbury moved to adjourn with Hitt seconding at approximately 8:30 p.m. The motion
passed unanimously, 7-0.
~'pW N
: . .,7►~
Dick Cleveland, Mayor
' ~
ATTEST: ~ti'~.~...•'f
Lorelei Donaldson, Town Clerk
Minutes provided by Corey Swisher.
6
Vail Town Council Meeting Minutes
Tuesday, June 17, 2008
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vaii Town Council was called to order at
approximately 6:00 P.M. by Mayor Dick Cleveland.
Members present: Dick Cleveland, Mayor
Mark Gordon
Farrow Hitt
Kevin Foley
Kim Newbury
Margaret Rogers
Andy Daly
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attomey
Pam Brandmeyer
The first item on the agenda was Citizen Input.
Former Vail Mayor Bob Armour thanked the town, Eagle County and the U.S. Forest
Service for their efforts to improve the safety of the West Vail neighborhood via the
Forest Health project, which includes the cutting of dead and diseased trees to help
protect the neighborhood from wildfire.
Brooke Franke said her dog had been viciously attacked by another dog over the
weekend. She spoke in support of banning pit bulls within the Town of Vail.
Dick Cleveland announced ECO Trails would hold its annual clean up on Saturday,
June 21.
The second item on the agenda was the Town Manager's Report.
➢ Update on the Chamonix Site Master Plan process.
Senior Planner Scot Hunn provided Council with an update on the Chamonix master
planning process. "We are continuing with developing the plans for the site based on
feedback and direction given by the Council on May 20, 2008...A preferred site and
layout for the fire station has been identified. Staff has met with representatives from the
Ambulance District regarding participation in the project and staff is of the understanding
that the District may desire to purchase a small portion of the site for future
development. Staff has also met with the owners of the West Vail Shell gas station and
will be working with that ownership in the coming weeks to integrate ideas that may be
mutually beneficial to both the Chamonix project and the Shell station site. Next steps
1
will include work on preliminary cost estimates, as well as three-dimensional massing
models...Will provide three different options." Hunn then said he has directed the design
team to start evaluating the three site options against standards for LEED (Leadership in
Energy and Environmental Design). He will provide information at the next meeting with
the Advisory Committee and the Town Council as to what LEED is, how the project may
achieve a certain rating under LEED and what time and cost considerations should be
evaluated by the Council in making a determination to seek LEED certification on any
portion of the project. He stated further, "We are at a time we need to make that choice
very soon...As more people are working toward LEED certification we are getting a
better idea of what the real costs are." Daly asked who the target market for the project
would be. Hunn reminded the Council of determinations made at the May 20th Council
meeting; that the Council had agreed that the project was to target those individuals
making between 60% and 140% of AMI (Area Median Income). He continued by stating
the project was originally geared toward housing "young professionals" and "young
families," based on information gathered early in the master plan process from
interviews with major employers and employees within the Town. Daly then encouraged
attempting to meet the needs of a broad range of people. He expressed concern that
young professionals were being pushed down valley. "We have to think about different
price points for different people in the community." Rogers said Council generally
agreed a recycling center should be placed on the site. Gordon, Hitt and Newbury
questioned the placement of an ambulance substation on the property.
The third item on the agenda was the Decision of Council Out of Cycle Contribution
Requests for 2008.
Kathleen Halloran, Manager of Budgets and Financial Reporting, explained the purpose
of this mid-year review is to provide an opportunity for organizations that have newly
identified projects or unforeseen changes to their budgets to come forward at one time.
Council evaluates the various proposals based on their direct benefit to the entire
community of Vail, fulfillment of the town's mission, and how this contribution will affect
our resort community's future health. The Town Council's mission statement reads: In
order to be the premier mountain resort community, we're committed to providing
citizens and guests with a superior level of environmentally-sensitive services and an
abundance of recreational, educational, and cultural opportunities.
A. Betty Ford Alpine Gardens
The Alpine Gardens requested up to $50,000 to help fund the replacement of a
collapsed bridge and finro smaller bridges. The collapsed bridge was built in the late
1990s, without consultation of a structural engineer. The Alpine Gardens would like to
rebuild all three bridges with structural integrity and a similar aesthetic design. An
insurance claim has been filed, and if successful, the proceeds will reduce this request.
The Gardens host up to 100,000 visitors per summer and has achieved world-premier
status as a high altitude garden. Staff recommended funding from the RETT fund up to
$50,000 (net of insurance proceeds). The bridges serve as the only access for disabled
individuals for the gardens, which operate on town-owned land. Hitt moved to approve
the request with Daly seconding. Daly recommended deferring the replacement of the
finro small bridges. Hitt amended his motion to reflect Daly's comments with Newbury
doing the same. Zemler encouraged that the Public Works Department be involved and
sign-off on the new bridges during construction. Hitt then withdrew his motion for further
information. Hitt then moved to direct staff to gain additional pricing options to determine
2
the price of rebuilding just one bridge, or if there are cost savings to rebuilding all three
at the same time. Council agreed.
B. Bravo! Vail Valley Music Festival
Bravo! Vail Valley Music Festival requested $75,000 to help fund travel, administration,
marketing, advertising and promotional expenses that will occur in 2008 for the 2010
London Symphony Orchestra - Vail Residency program. The program had not received
Board approval until after the town's 2008 budget process. Historically, the town has
contributed funding toward the Tier One New York Philharmonic and Philadelphia
Orchestra programs. Because this program was not finalized unt'il after 2008
contribution requests, it falls within the criteria for "a newly identified project or
unforeseen changes." Staff recommended funding $60,000 of this request to cover the
cost of travel, marketing and promotional expenses. Staff did not recommend funding
the $15,000 requested for administration because the town contributed $25,000 in
general administration to the 2008 Bravo! program. The recommendation to fund this
request was based on the caliber of this group and the fact that this group also resides in
this Tier One category. The cultural benefit to the town and the tourist attraction of this
event are also factors in staffs recommendation for funding. Director of Development
Bravo! Vail Valley Music Festival Jeanne Reid explained the funding request would
provide travel to London, Paris and Berlin in an attempt to recruit those orchestras. The
London Symphony will also be hosted in Vail. Daly moved to support the staff
recommendation with Rogers seconding. Rogers and Gordon spoke in support of fully
funding the request. Hitt suggested funding the event once it is confirmed that they will
come to Vail. The motion failed, 3-4 with Cleveland, Newbury, Foley and Hitt opposed.
C. Colorado Ski Museum
The ski museum requested from $50,000 to $75,000 to help fund the 2008 Tannenbaum
Festival (Nov. 21 - Dec. 13). The Festival's goal is to draw people into Vail during the
early ski season by creating a magical holiday setting with hundreds of decorated
Christmas trees. The Festival will include participation from lodging, retail and dining
establishments (decorations and discounts); a Saturday holiday market/Christmas Fair;
Santa visits and holiday music. Staff did not recommend funding at this time, however,
staff proposed that this request go before the Commission on Special Events (CSE) for
2009 funding. It is considered an enhancement of existing events during that time period
such as Holidays in Vail ($35K of funding through the CSE for 2008) and Snow Daze
($64K of funding through the CSE for 2008). Colorado Ski Museum Executive Director
Susie Tjossem explained the event would be collaborative and inclusionary within the
business community and Vail Resorts. Rogers asked what local businesses were
contributing. Tjossem responded that the businesses will pay a fee to participate, as well
as purchase a live tree. Cleveland asked why the request had not gone to Commission
on Special Events (CSE). Tjossem said the Vail Chamber and Business Association was
a partner with the request. Newbury said she didn't believe $75,000 was seed money.
Funding was not approved.
D. The Valley Home Source (TVHS)
TVHS requested $29,200 of funding toward the start-up of a multi-jurisdictional housing
management and economic research organization. TVHS offers deed-restriction
management services, policy advisement, research data and an opportunity to address
housing issues collaboratively with neighboring towns and Eagle County. Staff did not
recommend funding this program because of the potential for an on-going commitment
3
of town funding for services outside of the Town of Vail. Staff expressed concern the
programs offered by the TVHS are a duplication of services provided by the town's
housing division, and were not comfortable with dedicating future funding in light of the
upcoming 2009 budget. Valley Home Source Executive Director pon Cohen explained
the request would serve as seed money for the start up organization. "We have faith this
project will carry its own weight...lt will feel very much like a private entity...lt will serve
as an outsource extension that heightens your housing department's ability to provide
resources." Rogers said the town can no longer think of itself as an isolated pod. Rogers
moved to approve the modified request with Gordon seconding. Daly said the group's
support from other municipalities spoke to the need for a county-wide resource. During a
pause for public comment, Colorado News Media General Manager Steve Pope spoke
in support of county-wide cooperation. The motion passed unanimously, 7-0.
E. Vail Chamber & Business Association (VCBA)
The VCBA requested funding in the amount of $39,000 to help off-set instructional costs
of the Disney Institute Guest Senrice Training Program scheduled for September, 2008.
The VCBA would like to host a finro-day program to provide managers and employees
with the tools they need to maintain and improve upon the quality of guest service
throughout Vail. The $39,000 would cover the fee for the licensed Disney speaker. The
program will have other costs such as food and beverage for the event, advertising and
promotion, etc. Attendees will be charged a fee to participate (amount yet to be
finalized, but the suggested rate is $5,000 per ten person corporate table or
$399/person). Any revenue raised beyond the $39,000 speaker cost would be shared
equally with Disney based on the contract for services. Although staff agreed the
program would be valuable, staff did not recommend a contribution because they did not
believe the item was appropriate for town funding. Staff believed the program should be
covered by sponsorships and charging appropriate fees to participants. VCBA board
member Susie Tjossem explained the Disney Institute had not offered this program to
any other ski area in North America. VCBA board member Lourdes Ferzacca spoke in
support of the program. Gordon moved to approve the request with Hitt seconding.
Rogers said she would be willing to have the town serve as a"safety net" if event
expenses were not covered. "I really think this project is going to help the businesses of
this town." Cleveland did not feel that the town should use taxpayer dollars toward fund
raising efforts. Gordon said the town funds lots of events where event sponsors intend to
profit. The motion failed, 3-4 with Daly, Gordon, Hitt voting in favor. Hitt moved to
approve the request with the town receiving two tables at the event. The motion passed
5-2, with Rogers and Cleveland opposed.
F. Vail Chamber & Business Association (VCBA)
The VCBA requested $4,000 of funding be used toward participation in the 2008
Colorado Ski & Snowsports Expo to be held in November. Staff did not recommend
funding this project because it did not fit the criteria of "newly identified projects or
unforeseen changes to budget." A request for this event was normally included in the
annual budget process, but was not requested by the VCBA during the 2008 budget
cycle. Hitt moved to approve the request with Foley seconding. The motion passed 6-1,
with Cleveland opposed.
The fourth item on the agenda was the Second reading of Ordinance No. 14, Series of
2008, an Ordinance Amending Title 1, Chapter 3, Section 2 of the Vail Town Code by
the Addition of the Definition of the Word "Publication."
4
Town Attorney Matt Mire explained Section 4.10 of the Town Charter requires
publication of ordinances upon their introduction and adoption. The Charter does not
define what is required by "publication". In 2007, the town spent $19,693 for publication
of its ordinances in the Vail Daily, requiring the Town Clerk to increase the office
advertising budget during the third supplemental appropriation by an additional $12,000.
In 2008, the Town has spent $6,205 to date to meet its legal requirement for publication
of these notices. Nationwide, studies have shown that 73% of households have a
computer in their home or have access to a computer at work or at their local libraries.
This percentage increases in locations such as Vail where citizens have a higher
education rate than the national average. An estimated 70 percent of properties in Vail
are owned by part-time residents. By publishing the town's ordinances on its Web site
(vailgov.com) not only will all property owners have direct access to the ordinances it is
also more fiscally and environmentally responsible. Mire recommended Council table
the item until a later date so a more in-depth discussion could take place. Rogers said
Mire's memo was very well drafted. She then clarified the ordinance had nothing to do
with legal notices. "It only addresses ordinances." Hitt said he thought it was premature
to abandon the newspaper entirely. Hitt moved to approve the ordinance with Rogers
seconding. General Manager of Colorado Mountain News Media Steve Pope said
publication rates have not increased. Hitt said Pope's recent newspaper editorial was
misleading. "To suggest we would do this because it is easy is doing everyone in this
town a disservice." Newbury told Pope, "You are doing a tremendous injustice to our
Town Attorney by stating he was attempting to do something morally unjust." Kaye
Ferry said, "In the spirit of open government everything that takes place in these Council
Chambers should be published." The motion failed 1-6, with Rogers in favor. The
Council then administratively directed town staff to use the town's Web site as an
additional posting outlet.
The fifth item on the agenda was Adjournment.
Foley moved to adjourn with Hitt seconding at approximately 8:15 p.m. The motion
passed unanimously, 7-0.
~
O~•-~0
.
~ i Dick Cleveland, Mayor
.
ATTEST:
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~ ...~~J .
,
Lorelei Donaldson, Town Clerk
5
Minutes provided by Corey Swisher.
6
Vail Town Council Meeting Minutes
Tuesday, July 1, 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 Cleveland.
Members present: Dick Cleveland, Mayor
Mark Gordon
Farrow Hitt
Kevin Foley
Kim Newbury
Margaret Rogers
Andy Daly
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attomey
Pam Brandmeyer
The first item on the agenda was Citizen Input.
Bravo! Vail Valley Music Festival representative John Giovando announced the
summer season was off to a great start. He thanked the town and the community
for its continued support.
Vail Farmers' Market representative Rick Scalpello invited Council to a special
concert at the upcoming market. He then reported a recent increase in
marketing efforts to offset competition and the recent economic downturn. He
also announced a new market manager had been hired and that he was stepped
down.
Vail Homeowners' Association President Alan Kosloff reported closures on
Beaver Dam Road have caused undue duress on local residents. He
encouraged Council to do whatever was possible to expedite construction
progress. He then thanked staff for their efforts in alleviating the problem.
Vail Mountain Chief Operating Officer Chris Jarnot reported a new sculpture,
"The Edge," has been completed as part of the Front Door project. He invited the
Council and community to attend a ceremony to welcome the new public art on
July 5.
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The second item on the agenda was the Town Manager's Report.
➢ Summer Parking Update.
Town Manager Stan Zemler explained the town was attempting to preserve
parking in the Vail Village parking structure. "It's estimated 55% of the vehicles
entering the structure are construction-related...We are currently conserving 300
spaces until 10:00 a.m...The town is trying to send as many vehicles as we can
to LionsHead...We think we have identified some additional spots outside of the
Village and LionsHead...We are going to rub someone the wrong way no matter
what we do here." Hall reported the number of construction workers has
increased over the past year. "When we are holding 300 spaces we are holding
our breath." Hall said the Vail Village structure held around 200 vehicles
overnight. Zemler explained an additional 300 parking spots could be created by
moving vehicles to the LionsHead parking structure. "Maintaining shopper
parking in LionsHead is the second piece of this." During a pause for pubic
comment, Mike Laturno asked if Frontage Road parking could be allowed year-
round. Hall responded that both structures are attempted to be filled before
Frontage Road parking was allowed. Laturno then asked if parking in the Front
Door parking garage was possible. LionsHead business owner Tommy Neyens
expressed concern the parking problem was being moved to the LionsHead
parking structure. Rick Silverman asked if the town would be liable to damages if
an accident occurred due to Frontage Road parking. He then urged Council to
create more parking. Vail Village shop owner Ghiqui Hoffman said her
customers had complained about the appearance of trucks in the parking
structures. Hitt said the town had taken several steps to alleviate the problem.
Hall commented, "We have 1,000 spaces available in the Village parking
structure at 6:00 a.m...How we want to distribute those is up to us." Village
restaurant manager Matt Morgan said he was cautiously optimistic about
voluntary parking compliance. "IYs disturbing that we are in this place." Rogers
suggested requiring pick-up trucks to park in the LionsHead parking structure.
Daly said the town must react quickly and effectively to maintain summer sales
tax revenue. Newbury urged caution in regard to filling the LionsHead parking
structure with construction workers as they have had limited retail activity due to
construction over the past few years. Foley said, "Who cares where people
park...Let's get this thing managed...lt is a#own-wide problem not just Vail
Village." Gordon commented, "We did not foresee the success of our
redevelopment." Gordon then proposed building a significant number of parking
stalls at Ford Park. "It's important to remain reasonable." Cleveland said Roger's
proposed solution had some merit. Laturno said part of the casual summer
atmosphere was the availability of free parking.
➢ Response to Audit Report.
Finance Director Judy Camp explained a recent audit finding reported the town's
parking payment system was inadequate. She explained a recently purchased
2
credit card charging system continued to be revamped. Parking and Transit
Manager Mike Rose stated the new system would be tested in an isolated
fashion to identify any further issues.
➢ Revenue Update.
Budget and Finance Reporting Manager Kathleen Halloran reported when all
sales tax returns are received for the month of May, collections for the month are
expected to be $617,735, up 13% from May, 2007. Year-to-date sales tax
collections of $11 M are up 6.8% from 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 June 24, collections
total $303,384 of unbudgeted revenue. Construction permit revenue currently
totals $1.4M, up 1.3% from this time last year. The increase is due to major
redevelopment projects, which make up 80% of the total. Construction permit fee
revenue from non-major projects is down 30% from this time last year. Real
Estate Transfer Tax collections through June 24, 2008, total $3.6 million. This
amount is a 16% increase from this time last year primarily due to recent sales of
major redevelopment projects. The overall real estate market in Eagle County is
down 25% in sales dollars and down 43% in sales transactions as of April, 2008.
Major redevelopment projects such as Arrabelle, Forest Place, One Willow
Bridge and Vail Plaza account for 54% of year-to-date 2008 collections. This is
significantly higher than the 26% from June 2007, and is the reason Vail's RETi'
revenue is performing much better than the rest of the county. RETT collections
from property transfers not related to major redevelopment projects dropped by
28% year-to-date as of June, 2008 compared with 2007. This is more in line with
the sales decrease across the county. Daly said the increase in RETT collections
was largely attributable to recent closings on residential units at the Arrabelle at
Vail Square. Rogers asked if staff was aware of the percentage of sold units in
other large projects.
➢ CDOT Incident Management Plan.
Police Chief Dwight Henninger provided Council with an update on efforts by the
Colorado Department of Transportation (CDOT) to create an I-70 incident
management plan for Eagle County. "A component of the plan will be the addition
of a tractor-trailer parking lot in the Dotsero area." Henninger also announced
creation of a vehicle access placard for East Vail residents to help with traffic flow
during I-70 closures. A draft of the complete incident management plan will be
released in September. Daly asked if additional funding was available so as to
improve the maintenance of I-70 and avoid closures. Henninger said Colorado
Department of Transportation staffing was at 1980's levels. Zemler said staff was
working on funding to increase the connectivity of fiber-optic camera
transmissions and variable message signage. During a pause for public
comment, Tommy Neyens asked if the town could link the town's web-site for
road closure information and updates.
3
The third item on the agenda was the Consent Agenda.
a. Approval of 06.03.07 and 06.17.08 minutes.
Gordon moved to approve the consent agenda with Hitt seconding. The motion
passed unanimously, 7-0.
The fourth item on the agenda was a Betty Ford Alpine Gardens Out-of-Cycle
Contribution Request.
At the June 17th meeting, Council requested additional information from Betty
Ford Alpine Gardens concerning their request for funding to replace three
bridges in the garden. This agenda item and the attached memo are in response
the request for information. Daly moved to approve the request with Hitt
seconding. The motion passed unanimously, 7-0.
The fifth item on the agenda was an Emergency Generator Bid.
Fleet Manager Todd Scholl asked for approval to award the bid for the
Emergency Generator Project to JL Viele Construction. The town received four
bids and Viele Construction was the low bid at $179,660. The project is budgeted
at $175,000 in capital project; the project requires additional funding from the 911
Authority Board which authorized $25,000, and the Fire Chiefs which endorsed
the use of $50,000 from the Dispatch Fund Balance, for a total project budget of
$250,000. The budget line items are:
➢ Viele Bid $179,660
➢ Arch/Engineer $17,500 (so far)
➢ Generator $33,500
➢ Contingency $19,340
➢ Grand Total $250,000
Bringing the municipal/Police Department building emergency lighting up to code
was an unforeseen cost when the budget was originally put together. Staff also
required contingency money as there may be unforeseen items come up as the
project gets underway. Daly asked if the other participating 911 agencies were
paying their fair share. Communications Manager Joe Ribeiro said the 911
system was paying back the town over a period of time. Daly moved to approve
the bid request with Rogers seconding. The motion passed unanimously, 7-0.
The sixth item on the agenda was the 2008/09 Parking Task Force
Recommendations.
Public Works Director Greg Hall said the 2008/09 Parking Task Force
Recommendations include:
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➢ Temporary use of the town-owned Chamonix property in West Vail, 180
spaces; requires review by the Town of Vail.
➢ Use of the west side of the North Frontage Road, Wendy's to Chamonix, 35-
60 spaces; requires review by the Colorado Department of Transportation.
➢ Limited use of Donovan Park lot during non-event days (39 last season), 70
to 90 spaces.
➢ Park and ride TBD in Avon, 100 spaces.
➢ Park and ride at U.S. Forest Service office lot in Dowd Junction, 50-75
spaces.
In addition, the following spaces will be available this coming season:
➢ Vail Front Door/Vail Village Club, 200 spaces.
➢ Arrabelle Club parking, 100 spaces.
The Parking Task Force also recommended increases in mass transit to service
the park and ride lots as well as increased bus service to accommodate the
suggested expansion of parking in West Vail. Also, six designated bus stops
were recommended to be added along the South Frontage Road during peak
times. Introduction of a privately-managed van pool service for commuters is in
the works, as well as a recommendation to allow private parking lots to be used
for peak period public parking. Vail Resorts representative Chris Jarnot said he
thought the Task Force provided a good process. Jarnot explained Frontage
Road parking did not always correlate with the number of skiers on the mountain.
"It becomes very difficult to pin it down." Jarnot explained private parking spaces
will lessen public parking demand. "We understand this is a serious challenge for
us...lt's the weakest part of the experience our guests encounter in the
wintertime." Rogers asked if Vail Resorts would be amicable to allowing public
parking at the Vail Mountain Club. Jarnot said he would examine actual garage
usage when it comes on line. Rogers spoke in support of vanpooling. She then
asked if large employers could sublet parking spaces at Middle Creek. Rogers
also encouraged expanding parking in neighborhoods that received substantial
bus service. Representing the Vail Homeowners Association, Jim Lamont
pledged to assist in making "equitable and good decisions." During a pause for
public comment local restaurateur Matt Morgan said he found it was hard to
believe there was no correlation befinreen parking shortages and skier days.
Tommy Neyens encouraged focusing on getting skiers to use outlying parking
areas. Local restaurateur Brian Nolan said he was excited the town was working
proactively to solve the parking issue. He also encouraged having developers
provide construction parking mitigation plans. Cleveland said it was imperative
Vail Resorts share the financial burden of providing additional parking services.
He also encouraged using the Holy Cross lot for guest parking (as opposed to
Vail Resorts employee parking). Daly said he thought Jarnot had done a
meaningful job of working with the town to eradicate the town's parking woes.
"Parking on the frontage road is not a superior guest experience. He then asked
for the Parking Task Force to provide some long term solutions. Newbury
encouraged exhausting all parking possibilities before allowing parking on the
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Frontage Roads. Hitt expressed gratitude for the cooperation shown by Vail
Resorts. "When it gets down to money time I think everyone will be surprised."
Foley moved to approve the Parking Task Force recommendations with Daly
seconding. The motion passed unanimously, 7-0.
The seventh item on the agenda was a request for 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 the
Cornerstone Site.
On February 19, 2008, 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, the Council voted unanimously
to table the public hearing to their regularly scheduled meeting of March 18,
2008, citing concerns over the proposed amendments to the SDD, building
height, public benefits, parking and employee housing mitigation. The applicant
submitted subsequent requests to table the hearing to the Council's regularly
scheduled meeting dates of April 1, May 20, and July 1, 2008, to properly
respond to the Council's previously stated concerns and to work with staff to fully
analyze previous amending ordinances for SDD No. 4 prior to returning to the
Council for further consideration of the development plans and first reading of
Ordinance No. 5, Series of 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 SDD No. 4, Cascade Village, pursuant to
Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the
development of the Cornerstone Site. Applicant representative Rick Pylman
informed Council about the changes made to the projects original application.
Pylman said the project would create the most accessible skier drop off location
of any of the four portals in Vail. Rogers said she did not consider a new lift
ticket office a public benefit. Newbury asked if the onsite employee housing units
(EHUs) would be located above ground. She also encouraged providing storage
for the onsite EHUs. Applicant legal representative Tom Ragonnetti explained
there was a miscalculation of Gross Residential Floor Area (GRFA) within Area
A, Cascade Village. "A project is legally approved but it can't be built," referring
to the Cascade Residences Project which was approved in 2007. He then
clarified that allowing for additional GRFA would not set precedent. Gordon said
he thought an improved skier access portal would be a public benefit. Liftside
Condominium Association legal representative Beith Aires, representing the
Liftside Condominiums Homeowners Association, expressed concem the eastern
portion of the building would be too high. Hitt moved to enter a brief Executive
Session with Rogers seconding. The motion passed unanimously, 7-0. Newbury
moved to end the executive session. The motion passed. Newbury then moved
to approve the ordinance with the conditions listed on pages 26-28 in the staff
memorandum, dated July 28, with Rogers seconding. Discussion was held
regarding the motion. Newbury amended her motion and Rogers amended her
6
second, to include additional conditions of approval. The motion passed 6-1,
Foley opposed.
The eighth item on the agenda was a request for first reading of Ordinance No.
12, Series of 2008, an ordinance amending Chapter 12-16, Conditional Use
Permits, to allow for the administrative review and approval of specific conditional
uses.
Planner Bill Gibson explained that on June 23, 2008, the PEC voted 6-0-0 to
forward a recommendation of approval for the prescribed text amendments of
Ordinance No. 12, Series of 2008. "The purpose of the ordinance is to
streamline the development review process...This will create efficiencies for our
customers as well as staff." Rogers said the ordinance would better allow staff to
deliver service. She then moved to approve the ordinance with Gordon
seconding. The motion passed 4-3 with Daly, Foley and Hitt opposed.
The ninth item on the agenda was Adjournment.
Newbury moved to adjourn with Hitt seconding at approximately 10:15 p.m. The
motion passed unanimously, 7-0.
N~o'c.~;'~~ .~r sf
Dick Cleveland, Mayor
: SEAI. ~
. .
.~i~~ •~*~.r
ATTEST:
~
Lorelei Donaldson, Town Clerk
7
Vail Town Council Meeting Minutes
Tuesday, July 15, 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 Cleveland.
Members present: Dick Cleveland, Mayor
Mark Gordon
Farrow Hitt
Kevin Foley
Kim Newbury
Margaret Rogers
Andy Daly
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer
The first item on the agenda was Citizen Input.
Angela Mueller introduced herself as the new coordinator of the Vail Farmers'
Market.
Local restaurateur Bully Suarez expressed concern that no hanging flower
baskets had been placed in LionsHead.
LionsHead shop owner Tommy Neyens said someone had contacted him who
had recently had difficulty finding parking in the LionsHead parking structure. He
then said the West LionsHead Circle area was difficult to navigate for
pedestrians and bicyclists.
Dick Cleveland noted Councilman Andy Daly's son, Will, would be participating
in the Beijing Olympics (rowing). He also said better signs for the West
LionsHead Circle area should be installed.
The second item on the agenda was the Town Manager's Report.
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➢ Summer Parking Strategies Update.
Parking and Transit Manager Mike Rose updated Council on the progress of
recently implemented parking strategies. Zemler explained the town had been
working with local contractors to help alleviate the parking shortage. Rogers said
she believed the community's frustration was growing. It was then reported the
recent closure of the Vail Valley Medical Center's parking garage had
exacerbated the lack of parking availability at the LionsHead parking structure.
Efforts are underway to provide additional relief with the opening of a temporary
parking lot near Golden Peak.
➢ Forest Health Update.
Fire Chief Mark Miller said he was excited about the progress of the town's forest
health work with the U.S. Forest Service, Eagle County and other agencies. He
then said the town's firewise assessments are up threefold from a year ago. Vail
Mountain representative Brian McCartney said Vail Resorts was making
arrangements with the Forest Service to cut between 800-1000 trees west of the
Eagle Bahn gondola line. Vail Resorts is also working with the Forest Service to
identify a plan for treatment of other pine beetle infested areas on the mountain.
Miller then reported three firefighters from the Vail Fire Department have joined
national relief efforts in California, where crews there have been battling
hundreds of wildfires throughout the state. Miller said the three firefighters were
called out as part of a National Interagency Cooperation agreement. The three
are awaiting assignment in Chowchita, Calif., located north of Fresno. The men
arrived July 13 and will remain a minimum of 14 days with expenses to be
reimbursed by the Forest Service with funds from the State of California. The
department's wildland fire response vehicle is also in use. In authorizing the
deployment, Miller says the department will benefit greatly from the first-hand
experience. To accommodate the Catifornia response, Miller says the
department has adjusted its staffing assignments to ensure Vail maintains its
regular level of service from the department. Other area agencies sending
resources to California include Eagle River Fire Protection District and Greater
Eagle Fire Protection District.
➢ East Meadow Drive Entry Feature.
Art in Public Places, acting on a recommendation from Town Council, asked
artist James G. Moore to submit a proposal for the Meadow Drive Entry Feature.
Moore, whose bell sculptures are currently on display in Ford Park, provided
AIPP with a written project description and sketches showing finro possible
approaches. The design favored by AIPP is somewhat of an enlarged version of
Moore's Elements sculpture. A single bell is suspended from an approximately
fifteen foot high supporting structure. The bell, cast in bronze, would incorporate
colored glass, thus functioning as a lamp and reminiscent of the Arts and Crafts
2
movement. AIPP believes this approach would compliment the surrounding
architecture which often incorporates hand-wrought metal features. The artist
provided the Town of Vail preliminary concepts at no charge. On July 7, the Art in
Public Places Board voted unanimously to pay the artist $2,000 to develop the
idea further, identify materials, compile a budget and provide several good and
accurate illustrations of the sculptures for presentation to the community in a
public meeting. Assistant Town Manager Pam Brandmeyer reported the update
was an opportunity for Council to call the item up.
➢ North Day Lot Update.
Town Manager Stan Zemler noted that in approximately finro weeks project
architects and engineers would go through the North Day Lot proposal "with a
fine tooth comb" to develop cost estimates. Finance Director Judy Camp said the
town had budgeted $150,000 through the Vail Reinvestment Authority to pay for
the pre-planning work.
The third item on the agenda was a presentation of the "Project Plan" for the
LionsHead Parking Structure Redevelopment Project.
Using words such as "phenomenal" and "genius" to describe the most current
iteration of the proposal to redevelop the LionsHead parking structure, the Vail
Town Council voted 6-1, (Foley opposed) to direct town staff to return with an
approval process for the developer's current "project plan" submittal. The topic
will be presented to the Town Council at its August 5 meeting and will include
preparation of a resolution to adopt the project plan. In addition, Council directed
staff to prepare any amendments which will be necessary to address an unmet
provision that has been required of the developer - to modify a deed restriction
on the town-owned property which is held by Vail Resorts. The deed restriction,
in its current form, would prohibit some of the uses in the proposed
redevelopment. During earlier negotiations with the town which are contained in
a development improvement agreement, Open Hospitality Partners/Hillwood
Capital Partners had agreed to resolve the deed restriction issue prior to
submittal of the project plan. In explaining the delay, developer Mark Masinter
noted Vail Resorts Chief Executive Officer Rob Katz had expressed an interest in
reviewing the project plan submittal and to understand the Town Council's
desires before committing to a discussion on the deed restriction issue. As
submitted, the project plan includes a schematic, architectural internal and
external layout of the project, plus architectural uses and massing. It also
describes the vehicular and pedestrian circulation patterns for the project,
including a valet parking program and loading and delivery operations, and
otherwise depicts the final project design for both the town and the developer.
Masinter and his Texas-based development team received many accolades from
the Town Council and members of the audience for providing an abundance of
community benefits within the proposed project plan and for making adjustments
and modifications along the way. In particular, Masinter announced a change in
the proposed parking structure sequencing which no longer requires an off-site
3
interim solution during a three-phased construction process. The project would
increase parking from 1,150 spaces to 2,149 spaces; 1,770 of which would be
available for public use. Another modification announced at Tuesday's meeting is
a relocation of the proposed conference center that will integrate more closely
with the hotel facilities planned for the site. The conference center would be
44,000 sq. ft, expanding to 64,000 sq. ft. when the hotel facilities are in use. The
center would accommodate up to 1,000 people for a lecture or up to 2,000
people for a reception. In addition, Masinter announced the addition of a 200-
seat, sloped floor, fixed-seat auditorium as part of the conference center
amenities. As proposed, the center would be owned by a metro district and the
town would bear no liability for any losses. Rogers clarified there would be no
obligation on the part of the town to operate the conference facility. Other
components of the project are largely unchanged from earlier presentations:
➢ 240 hotel rooms
➢ 130 condominium residences
➢ 25 fractional fee units
➢ 77,000 sq. ft. retail-restaurant space
➢ Transit center to include space for 5 ECO buses and 3 hotel shuttle buses
➢ 6 underground loading and delivery bays
➢ Visitor Information Center
➢ Improvements to South Frontage Road and East LionsHead Circle.
According to the current developer agreement, approval of the project plan would
enable the developer to submit a formal development application to the town for
review by the PEC and DRB. If approved, the developer estimates construction
occurring from 2010 to 2014. Councilman Kevin Foley, who cast the only vote
against the action, said he'd prefer to hold onto the property to determine if the
current wave of redevelopment is successful and to better understand future
transit facility options. Tom Braun of Braun & Associates outlined and discussed
in detail the project plan. He clarified what was presented was not a PEC level
(detailed) design plan. 42/40 Architecture representative Lou Beeker explained,
"We are envisioning a pedestrian friendly environment welcoming all visitors into
town. Applicant representative Ron White explained the staging and intended
construction schedule for the project. In regard to employee housing, Masinter
said his group was confident they could find 25,000 square feet for on-site
employee housing. Cleveland said the project had a very city center urban feel.
Hitt encouraged the group to pay close attention to roof lines as melting snow
can be hazardous. In regard to Vail Resorts removing the deed restriction,
Rogers commented, "I would suggest you put your best negotiating team on
this...You've got until September 15 to have Vail Resorts remove the deed
restriction." Daly said, "I don't think we can take this critical piece of property and
move forward with the project plan until we have full assurance Vail Resorts will
lift the deed restriction." Gordon said, "When I talk to my constituents this a
project we want...But we have a big deal with the deed restriction." Braun
explained project approval would only allow Open Hillwood to submit a PEC level
4
application. "Mark isn't going to go through that trouble if the deed restriction has
not been lifted." During the public comment period, Tom Steinberg expressed
concern the transportation center in the proposal did not contemplate potential
monorail service. Vail Valley Partnership representative Chris Romer said the
lodging community was excited about the potential of the two proposed hotels
(St. Regis, W). Vail 21 resident Dave Gothenburg spoke in support of the project.
Local hotelier Frank Johnson then spoke in favor of the proposal. "You've
(Masinter) been able to accommodate what the community's needs are."
Executive Vice President of Steadman Hawkins Research Mark Prisant said the
proposed lecture hall was exciting and a great opportunity. Eagle County
Commissioner Peter Runyon questioned the significant increase in employees
created by the proposal and where they would be housed. Former Vail Town
Council Member Greg Moffet stated, The amount of community benefit is
incalculable." Local hotelier Rob LeVine urged Council to encourage Vail Resorts
to lift the deed restriction. "This is the opportunity for a lifetime for us...lt would
be a crime if it doesn't happen." John Neilson remarked, "I have never seen
such a demonstration in good faith...This is one of the finest public/private
projects I have ever seen." Chuck Steers encouraged Council to move forward
cautiously. Gordon moved to direct staff to draft an amendment adopting the
project with Newbury seconding. "I feel that this is an opportunity to continue
moving forward as long as staff can craft an iron clad agreement," commented
Cleveland.
The fourth item on the agenda was the I-70 Fiber Optic Project introduction.
Information Technology Director Ron Braden asked Council for authorization to
enter into an Intergovernmental Agreement with the Colorado Department of
Transportation (CDOT) and an agreement with their contractor, TetraTek, for up
to $600,000 to extend fiber optic cable from MM 182 to MM 177. This
expenditure will be budgeted in the second supplemental appropriation of 2008.
Braden clarified CDOT did not have funds to expand the fiber to Dowd Junction.
Zemler commented, "This gets us a lot (communication capability) of what we are
interested in regard to managing I-70 closures." Braden also said there are
numerous advantages to the town owning this fiber. During a pause for public
comment, Vail Homeowners Association representative Jim Lamont spoke in
support of the project. Rogers moved to approve the request with Gordon
seconding. The motion passed unanimously, 7-0.
The fifth item on the agenda was the First reading of Ordinance 15, Series of
2008, an ordinance amending Section 10-1-2, Adopted Codes, Vail Town Code,
in order to adopt the 2008 National Electrical Code, and Section 10-1-9,
Electrical Code Amendments, Vail Town Code, in order to adopt amendments to
the 2008 National Electrical Code.
Every three years, the administrator of the National Electrical Code (NEC), the
National Fire Protection Association (NFPA) conducts a public review process to
5
update the NEC. This year, the NFPA adopted the 2008 NEC, which wili be
officially adopted by the State of Colorado on August 1, 2008. Gordon moved to
approve the ordinance with Rogers seconding. Daly said it was in the best
interest of the community to move forward with the code update. The motion
passed unanimously, 7-0.
The sixth item on the agenda was the First reading of Ordinance No. 16, Series
of 2008, an ordinance to allow for the rezoning of finro unplatted parcels
commonly known as the "Vail Professional Building" and "Cascade Crossing"
from Arterial Business district to LionsHead Mixed Use-2 district and portions of
unplatted and unzoned South Frontage Road West right-of-way to LionsHead
Mixed Use-2 district
On October 22, 2007, the PEC voted 5-1-0 (Cleveland opposed) to forward a
recommendation of approval for the rezoning of the properties known as
Cascade Crossing, the Vail Professional Building, and portions of the South
Frontage Road West right-of-way that would become a part of developable lots
once the Frontage Road were relocated to parallel the interstate. Ruther
encouraged Council to table the item. "This is an eleven acre site and Vail
Resorts is essentially creating a new Village...This will be the largest
development the town will see in the near future in terms of the acreage and the
size of the project...Things will continue to come up through the development
review process...We are trying to be proactive and address the issues as we go
forward." Newbury moved to table the item to August 5 with Rogers seconding.
Vail Resorts representative Tom Miller said his company wanted to reopen the
lines of communication. Cleveland said the rezoning is probably the biggest
expansion of rights the town could provide. "We need to sit down with our
attorney and determine what is appropriate and what is not appropriate." Mire
explained, "We both have the same goal, the least amount of conditions as
possible." Applicant representative Dominic Mauriello explained, "It is a large
grant, but it doesn't entail the whole property." The motion to table passed
unanimously, 7-0.
The seventh item on the agenda was a request for second 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 the
Cornerstone Site
Planner Scot Hunn recommended Council approve, on second reading,
Ordinance No. 5, Series of 2008, an ordinance approving a major amendment to
SDD No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment
Procedures, Vail Town Code, to allow for the development of the Cornerstone
Site. On January 28, 2008, the PEC voted unanimously to forward a
recommendation for approval, with conditions, of an application for a major
amendment to SDD No. 4, Cascade Village, pursuant to Section 12-9A-10,
6
Amendment Procedures, Vail Town Code, to allow for the development of the
Cornerstone Site. On July 1, 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 6-1 (Foley opposed) to approve, with conditions, Ordinance No. 5,
Series of 2008, on first reading. Rogers moved to approve the ordinance with
Newbury seconding. Rogers then withdrew her motion to allow staff the
opportunity to clarify a finding. Later in the evening Newbury moved to approve
the ordinance pursuant to the findings on page four of the staff memorandum
dated July 15, with Gordon seconding. The motion passed unanimously, 6-1 with
Foley opposed. Foley stated his vote was based on recent and past
discrepancies in allowable Gross Residential Floor area on the project site.
The eighth item on the agenda was the second reading of Ordinance No. 12,
Series of 2008, an ordinance amending Chapter 12-16, Conditional Use Permits,
to allow for the administrative review and approval of specific conditional
usesPEC080103) (10 min.)
On June 23, 2008, the PEC voted 6-0-0 to forward a recommendation of
approval for the prescribed text amendments of Ordinance No. 12, Series of
2008. The purpose of the proposed amendments is to streamline the town
development review process, while achieving the same development outcomes.
At its July 1, 2008, public hearing, the Town Council approved the first reading of
Ordinance No. 12, 2008, by a vote of 4-3-0 (Foley, Daly, and Hitt opposed).
Since the first reading, staff proposed to delete the word "significantly" from
proposed Section 12-16-10-B to address some of the Council Members'
concerns about the first reading. Daly moved to approve the ordinance pursuant
to the findings on page three of the staff memorandum dated July 15, with
Rogers seconding. The motion passed unanimously, 7-0.
The ninth item on the agenda was Resolution No. 14, Series of 2008, a
Resolution Approving an Intergovernmental Golf Course Lease Agreement with
the Vail Park and Recreation District.
The Town and the Vail Park and Recreation District (the "VRD") entered into a
golf course lease agreement on May 27, 1966. On March 4, 2008 Council
authorized the Town Manager to enter into a Master Facilities Lease Agreement
with the VRD expressly contingent upon the eventual approval of an
intergovernmental lease agreement with the VRD for the Vail Golf Course.
Newbury moved to approve the resolution with Foley seconding. Gordon
emphasized the importance of cooperation between the finro entities. The motion
passed unanimously, 7-0.
--Adjournment.
7
Newbury moved adjourn with Foley seconding at approximately 10:22 p.m. The
motion passed unanimously, 7-0.
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Vail Town Council Meeting Minutes
Tuesday, August 5, 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 Cleveland.
Members present: Dick Cleveland, Mayor
Mark Gordon
Farrow Hitt
Kevin Foley
Kim Newbury
Margaret Rogers
Andy Daly
Staff Members: Stan Zemler, Town Manager .
Matt Mire, Town Attomey
Pam Brandmeyer
The first item on the agenda was Citizen Input.
Newly appointed Vail Chamber and Business Association Executive Director Michael
Norton introduced himself.
Sarah Will, Executive Director of AXS Vail Valley, said her organization is hoping to
connect with the Town of Vail's website to allow disabled individuals better access to
information in regard to handicapped facilities within the town. She then reported very
poor ADA access existed befinreen the Solaris construction site and Vail Village Inn.
The second item on the agenda was the Town Manager's Report.
➢ Revenue Update.
Budget and Finance Reporting Manager Kathleen Halloran reported than when all sales
tax returns are received for the month of June, collections for the month are expected to
be $918,570, down 3.6% from June, 2007. Year-to-date sales,tax collections of $12
million are up 6.0% from 2007. For comparison, inflation as measured by the consumer
price index was up 5.0% for the month of June compared to prior year. . Use tax
collections began as of January 1, 2008. As of July 31, collections total $429,570 of
unbudgeted revenue. Construction permit revenue currently totals $1.6 million, down
17% from this time last year. The decrease is due to both major and non-major
redevelopment projects. Major redevelopment projects make up 78% of the total, and
1
construction permit fee revenue from those projects is down by 14% from prior year.
Revenue from non-major projects is down 26% from this time last year. Real Estate
Transfer Tax (RETT) collections through July 17, 2008, total $4.3 million. This amount is
a 19% increase from this time last year primarily due to recent sales of major
redevelopment projects. The overall real estate market in Eagle County is down 30% in
sales dollars and down 47% in sales transactions as of May, 2008. Major
redevelopment projects such as Arrabelle, Forest Place, One Willow Bridge and Vail
Plaza account for 55% of year-to-date 2008 collections. This is significantly higher than
the 24% from July 2007, and is the reason Vail's RETT revenue is performing much
better than the rest of the county. RETT collections from property transfers not related to
major redevelopment projects dropped by 29% year-to-date as of July, 2008 compared
with 2007. This is more in line with the sales decrease across the county. Daly asked
what alternative investments were available for the town's fund balance. Halloran
responded that the town will invest future available funds in short-term products such as
government securities or CDs with the hope that rates will turn around in the near future.
➢ Disadvantaged Business Enterprise Program.
Public Works Director Greg Hall explained the town receives federal funding for transit,
therefore the town "agrees" to a goal of providing up to one percent of the town's
contracted business to "disadvantaged businesses." This ensures Council is aware of
the eligibility guidelines and has established such a goal. This is a requirement to
receive funding for proposed intermodel transit sites. Cleveland asked if a list of
disadvantaged businesses existed for the mountain region. Town Attorney Matt Mire
then explained the purposed of the update was a federal requirement.
The third item on the agenda was the Consent Agenda.
a. Approval of 07.01.08 and 07.15.08 Minutes
Hitt moved to approve the minutes with Daly seconding. Both Cleveland and Hitt
provided minor modifications to the 07.15.06 minutes. The motion passed unanimously,
7-0.
The fourth item on the agenda was the Wildlife Protection Awareness Campaign Award.
The Town of Vail's Wildlife Protection regulations, which require bear-proof and/or bear-
resistant containers in residential and commercial areas, continues to be applauded as a
model program by state wildlife officials. Compliance is estimated to be as high as 90
percent in the neighborhoods and the number of human-bear conflicts in Vail has been
reduced since the regulations became effective in 2007. The extremely effective
campaign used to generate the community awareness has been recognized for its
creativity. Linda Hill, president of Hill & Company, along with Tim Campbell, which
created the "Get a Nicer Can" campaign logo in collaboration with the town, presented
the International Summit Creative Award to Vail Police Officer Ryan Millbern, who serves
as the point of contact for the Wildlife Protection program.
The fifth item on the agenda was a Chamonix Site Planning update.
2
Senior Planner Scot Hunn provided Council with an update on progress made in
developing and reviewing three (3) site plan options for the proposed Chamonix property
fire station and affordable housing project. Studio B Architects representative Gilbert
Sanchez then presented preliminary cost estimates for the Chamonix Site master plan
and explained a formal recommendation from the Chamonix Site Master Plan Advisory
Committee regarding:
➢ A preferred site plan option that best meets the planning goals and design
parameters approved for the project;
➢ Seeking Leadership in Energy and Environmental Design (LEED) certification; and
➢ Pursuing "Off-site, Factory Built" (modular) construction.
Hunn then asked Council to provide staff and the design team with direction and
feedback regarding a preferred site plan option for the Chamonix Site in relation to the
approved master planning goals and design parameters for the project. He also asked
Council to provide direction and feedback regarding the pursuit of LEED certification and
"Off-site, Factory BuilY" construction for the project. Hunn clarified LEED construction
costs could be managed to only one or two percent more than traditional construction.
Off site construction was presented as costing considerably less than using traditional
methods. Sanchez and Fenton Construction owner Pat Fenton described a modular
affordable housing project currently under construction in Telluride. Rogers asked for
clarification of the cost per square foot for "off-site, factory built" units, comparing the
projected Chamonix Site costs to those of Stratton Flats, an affordable housing
development in Gypsum that is reported to have per square foot costs of $100. Fenton
explained that due to extensive site development required on the parcel, construction
costs for the Chamonix Site will exceed $100 per square foot. Newbury asked if the
costs of the proposed housing units would be affordable to those seeking an opportunity
to live there. Neighborhood representative and former Vail Mayor Bob Armour
commented, "If you are going to build it green, why not get some sort of certification."
He strongly supported the proposal of modular construction. He also encouraged
obtaining more accurate pricing estimates. Newbury expressed concern that
construction costs would be prohibitive to potential and targeted buyers. Gordon
expressed concern the proposal included too many finro-bedroom units and did not meet
the initial goal of providing family housing. "This is not family housing...This is workforce
housing." Advisory committee member Jack Bergey said he believed the highest
density option, "Village Neighborhood," would be too expensive for targeted purchasers.
"Affordable housing has to be affordable." AXS Vail Valley representative Sara Will
spoke in support of making the project as ADA accessible as possible. Eagle River
Water & Sanitation District Community Relations Manager Diane Johnson said three-
bedroom homes were most desirable for the districYs potential buyers. It was then
clarified ADA accessibility had been included in the initial estimates and four-bedroom
units had been contemplated. Gilbert said the schemes were conceptual and there was
considerable flexibility built into them. Daly said he believed the proposal was to provide
a family environment. Hitt said he supposed it was a mistake to not include drive-
through fire station bays (as back-up warning signals are very disruptive to a
community). "I'm just not feeling warm and fuzzy about this particular design," Hitt said.
Rogers said she was happy with the mix of units. Rogers moved to approve a medium
density, modular built, neighborhood block design with LEED certified construction with
Daly seconding. Cleveland said the recent mortgage crisis lays claim to the fact that not
every person will be able to own a home. "Factory built is the only thing that makes
economic sense right now...l hope the quality is there." Foley encouraged a drive-
3
through fire station. The motion passed 6-1, with Gordon opposed. The medium density
option, known as the "Neighborhood Block" option, would provide a total of 58 units on
the site, for an average of 16 units per acre. In rejecting a higher density option, which
would have accommodated 67 units on the site, the Council expressed concerns about a
parking structure component included in the option and associated costs. A third option
which was also rejected was a low density site plan that called for a total of 50 units on
the site. Following the vote, Community Development Director George Ruther
announced Hunn would be leaving the town for a position with Eagle County and
thanked him for all his hard work. The current planning process for the Chamonix parcel
has been taking place for eight months.
The sixth item on the agenda was the Second reading of Ordinance 15, Series of 2008,
an ordinance amending Section 10-1-2, Adopted Codes, Vail Town Code, in order to
adopt the 2008 National Electrical Code, and Section 10-1-9, Electrical Code
Amendments, Vail Town Code, in order to adopt amendments to the 2008 National
Electrical Code.
Every three years, the administrator of the National Electrical Code (NEC), the National
Fire Protection Association (NFPA) conducts a pubic review process to update the NEC.
This year, the NFPA adopted the 2008 NEC, which will be officially adopted by the State
of Colorado on August 1, 2008. On July 15, 2008, the Vail Town Council unanimously
approved Ordinance No. 15, Series of 2008, on first reading. Newbury moved to approve
the ordinance on second reading with Rogers seconding. The motion passed
unanimously, 7-0.
The seventh item on the agenda was Resolution No. 15, Series of 2008, a Resolution
Approving an Intergovernmental Agreement befinreen the Town of Vail and Summit
County Government for the Provision of Emergency Dispatch Services Staffing.
Police Chief Dwight Henninger explained the Town of Vail and Summit County
Government each maintain and operate radio and communication systems for the
transmission and dispatching of inessages relating to fire and/or police protection and
other public safety services. Summit County is currently in need of additional emergency
dispatching staff at the Summit County Communication Center. By entering into this
Intergovernmental Agreement, the town may agree to assign one or more of the town's
dispatch employees to provide dispatch services for Summit County and the County will
compensate the town $37.00 per hour per dispatch employee. Henninger confirmed with
Council that staffing demands in Eagle County remained the top priority. Daly moved to
approve the resolution with Hitt seconding. The motion passed unanimously, 7-0.
The eighth item on the agenda was Adjournment.
Newbury moved to adjourn with Foley seconding at approximately 8:00 p.m. The motion
passed unanimously, 7-0.
4
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Vail Town Council Meeting Minutes
Tuesday, August 19, 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 Cleveland.
Members present: Dick Cleveland, Mayor
Mark Gordon
Kevin Foley
Kim Newbury
Margaret Rogers
Andy Daly
Not present: Farrow Hitt
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer
The first item on the agenda was Citizen Input.
Untraditional Marketing representative Joe Blair presented Council with a framed Teva
Mountain Games print in appreciation of the town's financial and marketing support.
The second item on the agenda was the Town Manager's Report.
➢ Chamonix Temporary Parking Proposal.
Public Works Director Greg Hall said very few people during a recent neighborhood
meeting supported the use of the property for parking. The proposal to construct a
temporary parking lot at the town-owned Chamonix site was recommended by the Vail
Parking Task Force with preliminary approval by Council to help increase the supply of
outlying parking for the upcoming winter season. Approximately 180 spaces could be
accommodated on the property, which is currently being master planned to
accommodate workforce housing and fire station development. The proposal will go
before the PEC on August 25. Gordon clarified Council's only recourse (or ability to alter
the proposal) would be to call the item up. Hall clarified there would be no vehicular
access to the proposed lot from Chamonix Road. Increased bus service to the lot would
be dependent upon the availability of bus drivers. Neighborhood resident and former Vail
i
Mayor Bob Armour said Hall's report was consistent with the information provided at the
meeting.
Daly entered the Council Chambers at approximately 6:12 p.m.
The third item on the agenda was a request to proceed through the development review
process to allow private improvements on Town of Vail owned property.
Planner Bill Gibson explained the applicants requested permission to proceed through
the development review process with an application to construct a second-floor deck on
the north side of the Bell Tower Building, located at 207 Gore Creek Drive, which
encroaches onto the Town of Vail owned Gore Creek Promenade. The applicant must
first obtain Town Council (i.e. property owner) approval before proceeding through the
town's development review process. The Community Development Department
recommended Council deny the applicant's request to proceed through the development
review process. Applicant representative David Baum of VAg Architects said the
encumbrance would allow the continued heavy detailing of the building. Cleveland asked
what benefit the community would gain from the proposed encroachment. Baum said, "It
does continue the beautification of the building which is a focal point of the Village."
Foley moved to deny the request with Rogers seconding. The motion passed
unanimously, 5-0. Daly abstained from the vote.
The fourth item on the agenda was the West Meadow Drive Reconstruction Project.
Town Engineer Tom Kassmel informed Council that the West Meadow Drive street
reconstruction project has been planned since 2001. The project includes street
reconstruction, drainage improvements, a raised paver sidewalk on the north side and
an at-grade paver walk on the south side, landscape planters, replacement of the cul-de-
sac planter, and new street lighting. The project is budgeted at approximately $3 million
befinreen the Capital Project and RETT Funds. The project will be completed in two
phases; Phase I(Fall 2008) - Vail Road to the west property line of Four Seasons,
Phase II (Spring 2009) - Four Seasons west property line to cul-de-sac. Cleveland
clarified funds had been budgeted and were available. Kassmel then briefly discussed
the artistic elements of the project. Foley said the proposed contractor had performed
admirably on other projects throughout town. Rogers thanked staff for providing a bid
that came in under budget. Gordon moved to authorize the Town Manager to enter into
a construction contract with B&B Excavating for the reconstruction of West Meadow
Drive in a form approved by the Town Attorney with Rogers seconding. The motion
passed unanimously, 6-0.
Cleveland then asked what the Vail Resorts financial contribution would be for the
proposed Chamonix parking site. Vail Mountain Chief Operating Officer Chris Jarnot
said Vail Resorts would evaluate the costs as the proposal moves forward in the town's
review process.
The ffth item on the agenda was the First reading of Ordinance No. 18, Series of 2008,
an ordinance amending Chapter 12-3, Administration, and Chapter 13-1, General
Provisions, to establish notification of surface development regulations.
Planner Bill Gibson explained the proposed regulation amendment will bring the Town of
Vail's zoning and subdivision regulations into conformance with Title 24, Article 65.5,
2
Notification of Surface Development, Colorado Revised Statutes (CRS). On August 11,
2008, the PEC voted 5-0-0 to forward a recommendation of approval for prescribed
regulation amendments to Chapter 12-3, Administration, and Chapter 13-1, General
Provisions, to establish notification of surface development regulations, and set#ing forth
details in regard thereto. Gibson said the proposed ordinance was for clean-up or
housekeeping matters. "This is a state requirement and staff does recommend
approval." Rogers moved to approve the ordinance with Newbury seconding. The
motion passed unanimously, 6-0.
The sixth item on the agenda was Resolution Number 13, Series of 2008, A Resolution
Approving the First Amendment to Development Improvement Agreement between the
Town and Open Hillwood Partners (OHP) / Vail One LLC Concerning the LionsHead
Parking Structure; Approving the "Project Plan" Pursuant to the First Amendment to the
Development Improvement Agreement (DIA).
Town Attorney Matt Mire explained the town and OHP Vail One LLC entered into a DIA
on October 16, 2007. The Agreement sets forth the rights and obligations of the parties
with respect to the proposed mixed use development, including timeframes, deadlines
and target dates for the completion of certain tasks. Pursuant to the terms of the
Agreement, the "Project Plan" was required to be submitted by the developer for
consideration by Council by March 15, 2008. Thereafter, the developer requested and
was granted an extension of time, pursuant to Section 3.08 of the DIA, to the permitted
contract date of September 15, 2008 for review of the Project Plan. By letter dated June
5, 2008, the town notified the developer there were also issues concerning the
developer's compliance with deadlines set forth in the agreement concerning the
conference center proposal, as well as issues relating to the developer's employee
housing plan. On July 15, 2008, Council directed staff to return with an amended
approval process for the Project Plan submittal. In addition to establishing an amended
approval process for the Project Plan, the town and developer also wish to resolve by
amendment to the Agreement the above-referenced issues concerning the conference
center and employee housing. Mire then clarified the agreement stated the town would
not be responsible for any funding of the conference center housed in the project. The
amended agreement also gives the developer until March 17, 2009 to work with Vail
Resorts to address a current deed-restriction which requires the land to be used for
parking. The town would also have the option to grant additional extensions up to nine
months beyond the March deadline to resolve the deed-restriction issue. The original
agreement had required the deed-restriction hurdle to be addressed satisfactorily prior to
town approval of the project plan. Newbury moved to approve the resolution with Rogers
seconding. Gordon clarified the resolution allowed the developer to proceed with the
project but would not perpetually tie up the land. He then said his constituents have
urged him to allow the project to move forward. He then outlined what he believed to be
significant public benefits. "This is a very desirable project and we want to see it move
forward...We want Vail Resorts to lift the deed restriction on the parking structure." Daly
clarified, "The agreement terminates by its own terms if no resolution is found by the
March date." The motion passed unanimously, 6-0.
The seventh item on the agenda was Resolution No. 16, Series 2008, a Resolution
Approving the Intergovernmental Agreement between the Town of Vail, Colorado and
the Colorado Department of Transportation (CDOT) Regarding a Fiber and Intelligent
Transportation System Equipment Installation on Interstate-70 (I-70) and
Responsibilities of Both Parties.
3
Information Technology Director Ron Braden explained that as part of the I-70 West
Corridor Management Project, which was completed in 2006, CDOT deployed a fiber
optic backbone communications network from Denver west through the Eisenhower
Johnson Memorial Tunnels to the Frisco exit. This completed a permanent Center-to-
Center (C2C) connection befinreen the Colorado Transportation Management Center
(CTMC), located in Golden, and the Eisenhower Johnson Tunnel Management Center.
CDOT also installed necessary computer and nefinrorking equipment to operate its fiber
optic network, and to communicate with and control Intelligent Transportation Service
devices such as cameras, dynamic message signs, weather stations, travel time/speed
indicators, etc., from the CTMC. CDOT is currently continuing with the deployment of the
fiber optic communications backbone from the Frisco exit (approximate Mile Point 199)
to the west side of Vail Pass (approximate Mile Point 182). The town's desire to upgrade
local communications along a segment of I-70 from the referenced end point on the west
side of Vail Pass (approximate Mile Point 182) to the West Vail Interchange
(approximate Mile Point 173) which would extend the project an additional nine miles to
the west. The actual length of the project extension will be determined by the amount of
funding the town is able to secure; however, the project extension will be at least to Mile
Point 177. The project will allow the town to view and control existing and future (CDOT)
I-70 cameras from Denver to Grand Junction. The town will also be able to see real
time the content being displayed on the I-70 variable message signs. Daly emphasized a
belief that the cost of the project allowed the town expensive access to the CDOT
information system. Braden noted that in addition to access into the CDOT information
system, the Town will own 12 fiber strands for its exclusive use from the top of Vail Pass
to the West Vail Interchange. Gordon stressed the project could eliminate currently
existing emergency radio communication dead spots. Braden explained that a funding
request for radio repeaters would occur in 2009-2010 as part of the county-wide radio
upgrade project. Daly asked Zemler if the plan was a high priority. Zemler responded,
"It's a good opportunity...We are in a good position to make an investment like
this...This project is the number-one priority for the (CDOT) Region Three allocation of
Senate Bill 1 money...l don't want to guarantee we'll be reimbursed, but I am
encouraged." Gordon moved to approve the resolution with Foley seconding. Daly said
he thought the IGA was premature and the town would be better served to wait a year.
Cleveland said he had mixed feelings on the IGA, but the project had the potential to
save lives. "I'm willing to take a chance at this point." Rogers said she wanted to
negotiate a little harder with the county. (Eagle County offered $210,000 in funding for
the use of four out of 12 fiber-optic strands) "IYs clearly to the benefit to the county as
well as to the town." Zemler said the county could potentially be offered only two strands.
The motion failed, 3-3 with Newbury, Daly and Rogers opposed. Rogers moved to
approve the IGA if the county agreed to pay for a proportional share of their fibers
($65,000 per strand) with Foley seconding. The motion passed 4-2, with Newbury and
Daly opposed. Braden said a decision on the matter was very time sensitive
The eighth item on the agenda was Resolution No. 18, Series 2008, a Resolution
Approving Addendum Number 41 to the Establishment Contract for the Rocky Mountain
Rail Authority (RMRA) in Order to Effectuate the Town of Vail's Membership.
Mire explained The RMRA was established on November 20, 2006, for political
subdivisions of the State of Colorado to define, promote and implement mass
transportation services and solutions to Colorado's growing transportation infrastructure
needs, and to bring focus to the development of high-speed rail in the transportation
4
corridors of Colorado. In order to effectuate the town's membership in the RMRA the
town must execute the attached Addendum Number 41 to the Establishment Contract
for the RMRA, as amended by the First Amendment to Establishment Contract (the
"Addendum"). Mire explained the resolution was a housekeeping matter and would give
the town a voting seat in the association. Newbury moved to approve the resolution with
Rogers seconding. The motion passed unanimously, 6-0.
The ninth item on the agenda was Adjournment.
Newbury moved to adjourn with Foley seconding at approximately 7:10 p.m. The motion
passed unanimously, 6-0.
N•O:r~i ~
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i S'EAL ! Dick Cleveland, Mayor
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ATTEST: Cp~••~A~
Lorelei Donaldson, Town Clerk
s
Vail Town Council Meeting Minutes
Tuesday, September 2, 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 Cleveland.
Members present: Dick Cleveland, Mayor
Mark Gordon
Farrow Hitt
Kevin Foley
Kim Newbury
Margaret Rogers
Andy Daly
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Input.
Vail Valley Music Festival representative Jean Reid thanked Council for its continued
support of the concert series and reported the 2008 program was immensely successful.
Dr. Sanda Smyser, Superintendent of Eagle County Public Schools, introduced herself
to Council and expounded upon her previous experience in Steamboat Springs and
California schools. "Our goal is to continue to push students at all levels... Construction
of new schools continues very rapidly...The estimated completion date for Battle
Mountain High School is fall of 2009...June Creek Elementary School opened
today... It's a beautiful facility." She then explained the District is currently studying what
to do with the current Battle Mountain High School site (as it will close when the
Edwards facility opens). Daly asked what Smyser's priorities were for the Battle
Mountain site. She responded, "It's a regional discussion." Gordon said he had just
attended a very successful welcome barbeque at the Red Sandstone Elementary
School.
The second item on the agenda was the Town Manager's Report.
➢ Revenue Update.
1
Budget & Financial Reporting Manager Kathleen Halloran explained to Council all sales
tax returns are received for the month of July, collections for the month are expected to
be $1,376,448, up 8.7% from July, 2007. Year-to-date sales tax collections of $13.4M
are up 6.3% from 2007. For comparison, inflation as measured by the consumer price
index was up 5.6% for the month of July, and up 4.2% for the first half of 2008 compared
to prior year. Use tax collections began as of January 1, 2008. As of August 28,
collections total $472,853 of unbudgeted revenue. Construction permit revenue currently
totals $1.7M, down 23% from this time last year. However, due to conservative
budgeting, collected revenue currently exceeds budget by $328K. The decrease in
activity from the prior year is due to both major and non-major redevelopment projects.
Major redevelopment projects make up 77% of the total, and construction permit fee
revenue from those projects is down by 17% from prior year. Revenue from non-major
projects is down 37% from this time last year. RETT collections through August 27,
2008, total $5.7 million. This amount is a 39% increase from this time last year primarily
due to recent sales of major redevelopment projects. The overall real estate market in
Eagle County is down 33% in sales dollars and down 46% in sales transactions as of
June, 2008. Major redevelopment projects such as Arrabelle, Forest Place, One Willow
Bridge and Vail Plaza account for 61 % of year-to-date 2008 collections. This is
significantly higher than the 24% from August 2007 and is the reason Vail's RETT
revenue is performing much better than the rest of the county. RETT collections from
property transfers not related to major redevelopment projects dropped by 28% year-to-
date as of August, 2008, compared with 2007. This is more in line with the sales
decrease across the county.
➢ November 4 Council Meeting Reschedule. Town Attorney Matt Mire explained that pursuant to Title 1, Chapter 5, Section 11, Vail
Town Code, Deferment: In the event a regular meeting cannot for good reason be held
by the town council on a regular meeting date, the regular meeting shall automatically be
held on the next secular day at the same time and place; provided, however, that for
good cause the council at a regular meeting preceding the regular meeting which will be
deferred may defer the regular meeting to a subsequent date not later than one week
after the deferred regular meeting date. Council agreed to not change the meeting date.
➢ Annual Community Meeting Date.
Council determined to hold the meeting on March 10, 2009.
➢ Chamonix Parking Appeal.
Cleveland said Council had determined earlier in the day to not pursue the appeal.
In regard to Seibert Circle, Public Works Director Greg Hall said several specialists had
examined the project and repairs were currently underway. Newbury asked if the
Seibert Circle area would be used for the Vail Village Oktoberfest.
The third item on the agenda was the Consent Agenda.
a. Approval of 08.05.08 & 08.19.08 Town Council Minutes.
Hitt moved to approve the minutes with Foley seconding. The motion passed
unanimously, 7-0.
2
The fourth item on the agenda was Resolution No. 17, Series of 2008: Approval of Vail
Local Marketing District's 2009 budget and operating plan.
The budget and operating plan was presented earlier to the Vail Local Marketing District
(VLMD) Board for approval. Gordon moved to approve the resolution with Hitt
seconding. Hitt clarified if additional revenues were collected they could only be spent
through the approval of a supplemental budget. Economic Development Manager Kelli
McDonald said the procedure was customary. The motion passed 6-1, Foley opposed.
The fifth item on the agenda was Resolution No. 20, Series of 2008. Adoption of the
Town of Vail Employee Housing Strategic Plan.
To date, Council has provided feedback on the goals, objectives, action steps,
Strengths, Weaknesses, Opportunities, Threat (SWOT) analysis and the overall content
of the document. Adopting an Employee Housing Strategic Plan was identified as a
critical goal at the January 22, 2008, Council retreat. Housing Coordinator Nina Timm
said the Vail Local Housing Authority (VLHA) thinks a dedicated funding source will be
necessary in the future. Council agreed it may be disingenuous to pursue an employee
housing unit exchange program without discussing it. Daly clarified there is nothing that
commits the town to appreciation capped units exclusively. Timm said staff would
continuously track usage and demand for units. "We really want far more detailed
information letting us know who is living in which units." Daly moved to approve the
resolution with Rogers seconding. Newbury said the Vail Local Housing Authority
worked very diligently for several years on drafting the plan. The motion passed
unanimously, 7-0.
The sixth item on the agenda was a request for final review of Resolution No. 19, Series
of 2008, a Land Use Plan map amendment, pursuant to Section 8-3, Vail Land Use
Plan, to allow for a change in the land use designation from Community Office to
LionsHead Redevelopment Master Plan for properties known as "Cascade Crossing",
"Vail Professional Building" (Future "Ever Vail"), and "Glen Lyon Office Building" located
at 953, 1031 and 1000 South Frontage Road West/ Lot 54 Glen Lyon Subdivision and
unplatted property (A complete legal description is available for inspection at the Town of
Vail Community Development Department).
On August 11, 2008 the PEC voted 4-0-1 (Viele recused) to forward a recommendation
of approval for the Land Use Plan map amendment, pursuant to Section 8-3, Vail Land
Use Plan, to allow for a change in the land use designation from Community Office to
LionsHead Redevelopment Master Plan for properties known as "Cascade Crossing",
"Vail Professional Building" (Future "Ever Vail"), and "Glen Lyon Office Building" located
at 953, 1031 and 1000 South Frontage Road West. During a pause for public comment,
Jay Peterson said the application was not related to Vail Resorts. "This in no way affects
what you are doing with Vail Resorts...The m aster plan should be looked at every two
to three years... Is the document still relevant... Does it make sense to design a Village
and leave this parcel out of this planning...This is the very first step in a long process."
Vail Homeowners Association representative Jim Lamont clarified the town had received
the property owner's permission to ask for the amendment. Speaking in support of the
resolution, Lamont commented, "Master planning in and of itself has been a tool used for
convenience or inconvenience... It is a discipline that needs to be followed... Now is the
appropriate time to include this piece of property in what has been called Ever Vail and
3
has been worked on for eight years." Rogers said, "I am opposed to what is in effect an
upzoning for no public benefit to the town." Cleveland said he objected to rezoning any
parcel in town without a detailed and comprehensive development plan. "There is no
way for us to evaluate what is being proposed." The motion passed 4-3, with Foley, Hitt
and Rogers dissenting.
The seventh item on the agenda was refinancing existing debt via Ordinance No. 20,
Series of 2008, authorizing the Issuance of Sales Tax Revenue Refunding Bonds,
Series 2008.
Finance Director Judy Camp reported the town issued $8,760,000 of Tax-Exempt Sales
Tax Revenue Refunding Bonds in 1998 to refinance certain bonds outstanding at that
time. The bonds were issued with interest rates ranging from 4.25% to 4.5% and
maturities through 2012. 1998A bonds maturing on or after December 1, 2009, are
callable at the town's option on December 1, 2008. Federal tax law allows for "current
refunding" of the bonds within 90 days of the call date. This means the town can issue
new bonds at current interest rates and defease, or pay off, the existing bonds.
Refunding bonds are not subject to TABOR election requirements. Piper Jaffray and
Co., the town's investment bankers, estimates a net savings in debt service payments of
$188,000 over five years. The net savings is after payment of bond issuance costs and
underwriter's discount. The cost savings will be realized in the Capital Projects Fund.
Rogers moved to approve with Hitt seconding. The motion passed unanimously, 7-0.
Gordon clarified the town would not be required to refinance the bonds if the market was
not hospitable to doing so at the time.
The eighth item on the agenda was the Second reading of Ordinance No. 18, Series of
2008, an ordinance amending Chapter 12-3, Administration, and Chapter 13-1, General
Provisions, to establish notification of surface development regulations.
The proposed regulation amendment will bring the town's zoning and subdivision
regulations into conformance with Title 24, Article 65.5, Notification of SurFace
Development, Colorado Revised Statutes (CRS). On August 11, 2008, the PEC voted
5-0-0 to forward a recommendation of approval for prescribed regulation amendments to
Chapter 12-3, Administration, and Chapter 13-1, General Provisions, to establish
notification of surface development regulations, and setting forth details in regard
thereto. On September 19, 2008, Council voted 6-0-0 to approve Ordinance No. 18,
Series of 2008, on first reading. Daly moved to approve the ordinance with Foley
seconding. The motion passed unanimously, 7-0
The ninth item on the agenda was the applicant, Sonnenalp Properties Inc., represented
by GPSL Architects, is requesting permission to proceed through the development
review process with an application that includes private improvements on town owned
property.
Chief of Planning Warren Campbell said the applicant is requesting permission to
proceed through the development review process with an application to install a
freestanding sign for the Sonnenalp Resort at the southeast corner of Vail Road and
Meadow Drive and to erect multiple banners adjacent to the hotel entrance located at 20
Vail Road. Both the proposed sign and banners will encroach into town owned street
right-of-ways. Therefore, the applicant must first obtain Town Council (i.e. property
owner) approval before proceeding through the Town's development review process.
4
The Community Development Department recommended Council approve the
applicant's request to proceed through the development review process with an
application for a new sign at the intersection of Vail Road and Meadow Drive. However,
the Community Development Department recommended Council deny the applicant's
request to erect banners in the Vail Road right-of-way. Rogers moved to accept the staff
recommendation with Newbury seconding. Local architect Sid Schultz said the banners
would make the entrance to the property much more visible. The motion passed
unanimously, 7-0.
The tenth item on the agenda was a request for review of a proposed land and
easement dedication to the Town of Vail pursuant to Section 13-3-11, Council
Acceptance of Dedications, Vail Town Code, in conjunction with the recording of an
amended final plat for Manor Vail Lodge in compliance with the approved Developer
Improvement Agreement entered into in conjunction with the adoption of Ordinance No.
14, Series of 2005, creating Special Development District No. 38, Manor Vail Lodge.
On June 21, 2005, Council unanimously adopted Ordinance No. 14, Series of 2005, an
ordinance repealing and reenacting Ordinance 24, Series of 2004, establishing Special
Development District No. 38, Manor Vail Lodge, and setting forth details in regard
thereto. In conjunction with that approval the developer was required to provide the
town a portion of land measuring 430 square feet in the southeast portion of the site and
provide an easement for the relocated Ford park pedestrian path which crosses the
Manor Vail property. On August 11, 2008, the PEC approved with a condition the
proposed plat by a vote of 5-0-0. The Community Development Department
recommended Council accept the proposed land and easement for the Ford Park
pedestrian path and approves the proposed amended final plat. Daly moved to table the
ordinance until October 7, 2008 so as to allow the easement to be redrafted to describe
the current encroachments with Rogers seconding. Applicant representative Jim Adams
said the matter was relatively time sensitive as it affected the projects ability to receive a
Temporary Certificate of Occupancy. Manor Vail Manager Bob McCleary said everyone
needed to agree where the encroachments are. Daly then withdrew his motion. Gordon
subsequently moved to approve the ordinance with Daly seconding. The motion passed
unanimously, 7-0.
The eleventh item on the agenda was the First reading of Ordinance No. 16, Series of
2008, an ordinance requesting a zone district boundary amendment, pursuant to Section
12-3-7, Amendment, Vail Town Code, to allow for the rezoning of a 430 square foot
parcel of land from High Density Multiple-Family (HDMF) District to General Use (GU)
District.
On August 11, 2008, the PEC voted 5-0-0 to forward a recommendation of approval for
a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail
Town Code. Gordon moved to approve the ordinance with Hitt seconding. The motion
passed unanimously, 7-0.
The twelfth item on the agenda was Adjournment.
5
Rogers moved to adjourn at approximately 8:00 p.m. with Daly seconding. The motion
passed unanimously, 7-0.
52
K
:
_ „AL s ick Cleveland, Mayor
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ATTEST: '
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Lorelei Donaldson, Town Clerk
6
Vail Town Council Meeting Minutes
Tuesday, September 16, 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 Cleveland.
Members present: Dick Cleveland, Mayor
Mark Gordon
Farrow Hitt
Kevin Foley
Kim Newbury
Margaret Rogers
Andy Daly
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Input.
Mike Dantas spoke in opposition of the way the voter-approved construction use tax is
collected. He asked that the tax be collected at the end of the construction cycle as
opposed to the beginning. Council agreed to discuss the issue.
Colorado State House District 56 candidate Ali Hassan introduced himself and informed
the Town Council he was not accepting campaign funds from lobbyists.
George Ruther introduced the town's first Environmental Sustainability Coordinator
Kristen Bertuglia. Ruther then announced the town had successfully installed a
cardboard compactor in the recycling area.
Chris Jarnot provided Council with the latest edition of Ski Magazine which included the
latest Resort Guide rankings.
The second item on the agenda was a Commission on Special Events (CSE)
Appointment.
There was one vacancy on the CSE. The Town received five applications for the
vacancy. The Council interviewed the applicants at the work session and was asked to
appoint one applicant to the CSE in the Evening. The applicants were as follows:
Samantha Bogash
1
Stephen Connolly
Kerry Donovan
Tom Gorman
David O. Williams
The applicants were required to be residents of the Town of Vail, own real property
within the Town of Vail, own a business in the Town of Vail, or be employed within the
Town of Vail. The term of the new member shall be until December 31, 2009, to fill the
term vacated by Scott Stoughton who had to resign due to other commitments which will
not allow for him to attend the meetings. Members of the CSE shall serve at the will of
Council. The CSE supports Council's goals and objectives and make decisions in
alignment with the Council's marketing direction. The mission of the CSE is to support
street entertainment and special events for vitality, year-round fun, sense of community
and increased quality of experience for guests and residents. The functions and/or
duties of CSE shall include, but are not limited to: hiring and overseeing a director and/or
staff, as well as event producers and/or promoters; creating, funding and seeking special
events for the Town of Vail; evaluating event applications and event success; submitting
an annual budget for operations and events; coordinating the community calendar for
special events; seeking out additional funding for special events through sponsorships
and donations; evaluating and executing contracts for special events; and all other
functions as directed by the Town Council. Daly moved to appoint Kerrry Donovan to
the CSE with Foley seconding. The motion passed unanimously, 7-0.
The third item on the agenda was the Town Manager's Report.
Nothing was reported.
The fourth item on the agenda was approval of the recommendations of the Parking
Task Force for the 2008-2009 winter season.
Public Works Director Greg Hall stated Council directed the task force to address
potential impacts related to the new Epic season ski pass as well as address the
overflow days during the winter of 2007-08 in forwarding their annual recommendations
to the council. Council established the parking task force to provide direction regarding
parking operation policies for each year. The task force is represented by members of
the Vail Town Council, Vail Resorts, the retail business community, as well as a citizen-
at-large representative. During the 2007-08 ski season Frontage Road parking occurred
48 times. Hall explained the goal of the parking plan is to simplify (avoiding different
rates on different days) and be revenue neutral with the ultimate goal of reducing
Frontage Road parking to ten days per year. Through the upcoming ski season the town
currently anticipates 1,500 construction workers. What we have tried to do is balance
the supply and reduce the demand." Hall said he believed the Vail Mountain Club
Parking Structure and the Arrabelle at Vail Square Parking Club would slightly lessen
demand. The town is currently examining construction site parking requirements. "We
are asking how do they (construction firms) use their parking facilities earlier than after
they receive a Certificate of Occupancy." Vail Mountain Chief Operating Officer Chris
Jarnot said Vail Resorts would be opening its 100 space Arrabelle at Vail Square parking
club to the public during the upcoming ski season to maximize parking facilities. "I am
comfortable with the proposed prices for our Front Range guests.... They are normally
riding three to four to a car and splitting the cost...l generally agree with the
concept Other ski resorts charge around $25 for a day of close-in, covered parking."
2
During a pause for public comment, Tom Steinberg suggested using the road that leads
from the South Frontage Robd to Ford Amphitheater for parallel parking. He then
encouraged local residents to allow skier parking in their driveways and spoke in support
of developing a subterranean parking structure at Ford Park. Mitch Imber, a Wolcott
resident, asked Council to reinstate a Value Card discount for Eagle County residents.
Galen Aaslan spoke in support of expanding eligibility to employees of all business
license holders within the town for pink and green passes as opposed to employees of
business license holders in Vail Village and LionsHead. Transportation Manager Mike
Rose explained wide-ranging winter bus service was provided in the West Vail area
every fifteen to twenty minutes. Hitt commented, "We are purposely trying to discourage
people from driving in...Americans are in love with our cars...We need to find a way to
change people's habits." Rogers encouraged bus ridership by subsidizing the costs of
regional bus passes. Hitt and Daly emphasized recognizing the capacity issues of the
Eagle County Regional Transportation Authority (ECO). A sales tax funded, free
countywide bus system was then discussed. Foley, also an ECO board member, stated,
"ECO is in dire straits in terms of capacity." Cleveland said he was concerned about the
nation's economic climate and that he did not want to drive locals to Beaver Creek. "The
increase seems to be too much at one time...l understand the rationale behind it."
Rogers moved to approve the recommended parking program with two modifications: 1)
expand the pink and green parking pass employee eligibility and 2) direct staff to work
with EGO in the development of a master plan for additional park and ride facilities
throughout the county. Daly seconded the motion. Former Mayor Bob Armour reminded
Council the additional revenue would barely cover the cost of rising fuel costs. Hall
added, "That's kind of getting back to that revenue neutral goal." The motion passed 6-
1, with Cleveland opposed. The approved recommendations are as follows:
➢ CLOSE-IN PARKING
Vail Village & LionsHead structures, 2,500 spaces
Hourly Parking
• Pay Upon Exit
Rates Good 7 Davs A Week
Less than 1'h hours Free
1'h to 2 hrs $10
2 to 3 hrs $15
3 to 4 hrs $20
4 to 24 hrs $25 All Day cap
Short-Term Metered parking (recommended for 2 1/2 hours or less, or late arrivals)
• Pre-Paid Metered Rates
Rates Fees Good 7 Davs A Week Both Structures
0 to 2 1/2 hrs. $15
60 Spaces on top deck in Vail Village for short-term parking only.
25 spaces available on the middle deck of LionsHead.
Available on a first-come, first-served basis.
0-24 hours in the remaining 160 spaces, $25.
3
Program will be strictly enforced.
Pre-paid meters accept credit cards and cash.
Free Parking Programs for Vail Village, LionsHead Structures
• Free 90 minute parking
• Free entry after Three (free parking in both structures for entries from 3 p.m. to 3
a.m.)
Parking Passes
Premier Parking
• Gold parking Pass, $3250. Good in all lots all the time. Guaranteed space. Come
and go privileges.
Business License Holder
• Silver Pass, $1800. All the privileges of a gold pass for one structure. Limited to 50
at each structure. One per business license holder restricted to the structure the
business is located at. Will be available first-come, first-served. If after December 5,
2008, additional passes are available in the LionsHead structure, Village merchants
may purchase the remaining allocation for use in the LionsHead parking structure.
Employee/Locals Parking
• Blue Parking Pass, $1100. Good 7 days a week LionsHead, Ford Park, and Soccer
Field.
Mon - Thurs Vail Village.
• Green Parking Pass, $500. Good Mon-Thurs LionsHead only. We are reviewing the
ability to isolate the use to an area of the structure that is less desirable to our
guests. Good 7 days a week in Soccer Field, Ford Park. Available to Vail business
license holder employees, minimum of 30 hours per week with each pass purchase.
• Debit Card, $12. For Vail residents, Vail business holder employees and Vail
property owners for use Mon through Thurs in Vail Village structure; $20 on peak
days which include Fri, Sat and Sun, December 19-January 4, and the two national
holidays Martin Luther King Day and Presidents Day.
No Eagle County resident/property owner rate.
Debit card holders will use an inventory of 160 metered spaces on the top deck of
the Village Parking Structure, and 75 spaces on the southern middle deck of
LionsHead. All spaces are allocated on a first-come, first-served basis.
Permit-Only Employee Parking
East Ford Park Lot, Soccer Field, 250 spaces.
4
• Employee Parking Pink Pass, $100. Enables access to gated lots for Vail
business license holder employees 30+hr/wk.
Ford Park and Soccer Field serviced by the existing transportation system.
Vanpool Spaces
Any employee vanpool (vehicles with 5 or more commuters) registered with the
Town of Vail can get either a free Pink pass or access for free parking to an
outlying LionsHead Lot, or receive discounted guaranteed debit card spaces at
the discounted price of $8 and $15 for the non peak and peak periods.
Free Outlying parking for all 7 a.m. to 11 p.m.
All areas listed below are serviced by existing Town of Vail transportation system.
Frequency varies from 15 min. during peak to 1 hr. non-peak.
Available all days
• Red Sandstone Park, 15 spaces
• Stephens Park, 15 spaces
• East Vail Interchange Trailhead, 12 spaces
• Spraddle Creek Trailhead, 18 spaces
• North Trail Trailhead, 6 spaces
• Wendy's Lot, 65 spaces
Available on non event days
• Donovan Park, 70-90 spaces
Available all peak days
• North Frontage Road in West Vail, 180 spaces
The fifth item on the agenda was a review of project plan for the North Day Lot and
provide a decision to commit to the project and proceed to next steps.
Public Works Director Greg Hall asked Council to listen to the presentation and use the
goals and policies of the LionsHead Master Plan, the adopted Vail Reinvestment Plan
and the update on the transportation plan regarding the future needs, assessments and
recommendations and decide to commit to jointly develop the North Day Lot Transit
Center in conjunction with the Vail Resorts Development Company (VRDC) employee
housing requirements for the Arrabelle at Vail Square. Council had earlier directed staff
to move forward with the design of a transit center project on the North Day Lot providing
for all modes on the site. Use Tax increment funds as the major method of financing the
project and:
➢ Refine the design.
➢ Work with the surrounding properties to mitigate impacts.
➢ Refine the cost estimates to reflect the design and schedule revisions.
➢ Modify the VRDC Arrabelle at Vail Square housing agreement to adjust the
schedule as appropriate.
➢ Prepare an agreement with VRDC for Council authorizing the town's intent to
move the project forward.
➢ Hall then explained the next steps necessary to move the project forward:
5
➢ Proceed through the project entitlement review and approval process.
➢ Perform the necessary environmental review of the project.
➢ Enter into a contract with the Federal Transit Administration to commit the 5309
federal transit dollars to the North Day Lot project.
➢ Agree to a cost sharing proposal for the entitlement process with the VRDC.
➢ Prepare a formal agreement with VRDC which provides the division of the total
project cost sharing, construction administration, project timing, and long term
operating and capital replacement costs.
➢ Prepare an annual operating budget for the project.
Hall introduced the design team and then described the proposal. Various design
schemes were studied to provide additional hotel shuttle and skier drop off as well move
the buses farther away from the adjacent south property line. In many of these scenarios
we were not successful because of traffic conflicts and future congestion resulted in the
failure of the operation. In addition, there were significant costs associated in order to
keep options open for developing the east side. The design features four 40 foot transit
bays, two hotel shuttle spaces and nine skier drop off spaces. Buses and transit enter
from the west side off West LionsHead Circle and exit to the South Frontage Road. Skier
drop off and employee housing enter off the frontage road and exit onto West LionsHead
Circle. The circulation patterns optimize traffic operations by dividing the movements in
opposite directions. Transit center facilities such as restrooms, heated waiting area and
vending space are provided. In addition, a 32 car surface lot (future development site) is
on the east portion of the site. A 120 bed employee housing project on four floors above
the transit center is on the western portion of the site as well as underground parking
required for the employee housing development. All the necessary frontage road and
pedestrian improvements and site landscaping improvements, modifications to the
pedestrian overpass south landings, utilities relocations and an Americans with
Disabilities Act (ADA) connections from the North Day Lot to the LionsHead Mall are
included. Transit center operations are enclosed to the south except for the drive
entrances and exits and the pedestrian exit. The transit center amenities are placed in a
manner to screen the operations to or from the east. This project design proposal
requires no variances from the LionsHead Master Plan. Hall explained the existing
facilities (East LionsHead Circle & Concert Hall Plaza) are not conducive to enhanced
mass transit. "You must remain competitive (enhanced skier drop-off & pedestrian
access) in a resort market community. It was also explained that securing a site next to
the Frontage Road with close access to a pedestrian overpass is critical to future mass
transit (fixed guide-way system). Somewhere you have to have an interface with the
community...This is one of those interfaces...Where those future systems connect to our
community is very important...Any future advanced guideway systems will be located in
the I-70 median." Traffic Engineer Curtis Roe described the project's proposed traffic
and flow patterns. "Skier drop-off is anticipated to turn over every five minutes or so."
Project architect Will Hentchel then reviewed the total project design. Gordon said he
was very impressed with the work of the planning team. "It was not an easy task that
you had." Ruther provided Council and the audience a timeline of the meetings
(process) undertaken to develop the proposal. Vail Resorts representative Tom Miller
explained how land costs in regard to the estimated project cost were determined. Hall
clarified any federal funds received must be used for a mass transit facility. Landmark
Condominium Association legal representative Dan Wolfe said his clients supported
development of the North Day Lot. The only thing we take issue with is the large
buses...The impacts (from large buses) have not been sufficiently mitigated in the
proposed plan." Wolfe encouraged all mass transit in the area be included in the
6
proposed LionsHead parking structure redevelopment. "Why is this happening at the
North Day Lot besides the fact that it can?" Landmark representatives then provided two
alternative site plans where bus loading/unloading takes place on the north edge of the
South Frontage Road. Daly said he appreciated the effort and energy that went into
developing the alternative proposals. Rogers said, "At least I am willing to look at this
more closely...l would like our people to give this some serious conversation."
Cleveland said he was intrigued although expressed serious concern that the first
scenario presented did not allow for westbound buses. "Scheme B seems to have some
possibilities in my mind." Foley questioned the adequacy of pedestrian flow for both of
the proposed alternative site plans. Zemler commented, "There would be a lot to
undertake to look at this plan... We head pretty strongly down the path if you approve
staff's proposal...l don't want to diminish this, but it is not a minor undertaking."
Newbury then moved to follow the staff recommendation findings in the staff
memorandum dated September 16, 2008 with Rogers seconding. Former Landmark
condominium owner John Goode said the location was not conducive to pedestrian flow.
Westwind Condominium Association (adjacent property owners) President Bob Wainger
president said he was not opposed to redevelopment of the site but did not agree with
mass transit. Former Councilman and current Vail Homeowners Association
representative Kent Logan remarked, "This is a project that has been overwhelmed by
larger macroeconomic events...The financial machine in this country is not functioning...
The next 18 months will be more difficult than any time we have dealt with since the
Great Depression...Fiscal conservatism should be paramount...A transit center has
never risen to be the number-one or two priority of this town." Landmark Condominium
Association board member AI Harmon said it's hard to understand why Vail needs three
transit centers. "We have a board that is unanimously opposed to big diesel buses on
the North Day Lot." Landmark Condominium Association board member Tim Evans
mentioned, "Just because we have a master plan doesn't make it a rationalization for
bad ideas...We are trying to do much with too little property at too much expense." Scott
Proper asked Council to consider the concerns of the property's neighbors. Michelle
Kobelan said she believed the money would be better spent on other priorities. Hitt said
he was concerned about timing and finances although he thought the project was a good
one. Rogers spoke in support of the project and following the LionsHead Redevelopment
Master Plan. "We should follow the process." Gordon said the town should not be short-
sited when viewing the national economy. Newbury said she believed the process
should move forward. Daly said he believed there were more significant uses for limited
town funds. Cleveland said he did not believe there was definitive demand for the project
to warrant the cost. The motion by Newbury failed, 2-5, with Newbury and Rogers voting
in favor. Gordon moved to proceed with planning on the North Day Lot with
consideration of a shuttle bus drop-off component and the VRDC obligations with Daly
seconding. Tom Steinberg said he believed skier drop-off and shuttle bus facilities were
the responsibility of Vail Resorts. The motion passed 6-1, with Hitt opposed. Hitt said he
believed shuttle drop off should occur in Concert Hall Plaza and East LionsHead Circle.
Gordon then moved to explore the feasibility of utilizing federal funds in alternate areas
with Daly seconding. The motion passed unanimously, 7-0.
The sixth item on the agenda was the first reading of Ordinance No. 19, Series of 2008,
An Ordinance making supplemental appropriations to the Town of Vail General Fund,
Capital Projects Fund, Real Estate Transfer Tax Fund, Heavy Equipment Fund, Dispatch
Services Fund and Debt Service Fund of the 2008 Budget for the Town of Vail,
Colorado; and authorizing the expenditures of said appropriations.
7
Budget and Financial Reporting Manager Kathleen Halloran introduced the item. She
explained budgeted revenues would be increased by $3.9 million and budgeted
expenditures would increase by $2.2 million. Newbury moved to approve the ordinance
with Hitt seconding. The motion passed unanimously, 7-0.
The seventh item on the agenda was the second reading of Ordinance No. 20, Series of
2008, an ordinance authorizing the issuance of the Town of Vail, Colorado Sales Tax
Revenue Refunding Bonds, Series of 2008.
Council voted 7-0 to authorize the refinancing of the town's existing 1998A sales tax
revenue bonds by issuance of new 2008 sales tax revenue bonds at an estimated net
savings of $188,000 with no increase in the principal amount or the final maturity of
bonds outstanding. Finance Director Judy Camp explained the ordinance had been
amended for second reading to incorporate certain language relating to the bond reserve
insurance policy for all outstanding sales tax revenue bonds. Daly moved to approve the
ordinance with Foley seconding.
The eighth item on the agenda was Resolution No. 23, Series of 2008, a resolution
updating the Vail Village Master Plan, pursuant to the process and procedures outlined
in Section VIII-B, Adoption, Extensions and Amendments of the Vail Village Master Plan.
Community Development Director George Ruther announced that on January 22, 2008,
Council instructed staff to prepare an update to the Vail Village Master Plan. The
purpose of the update is to address the six major goals outlined in the master plan,
acknowledge the action steps that have been completed in keeping with the master plan,
and to identify the next series of action steps needed to further implement the goals,
objectives and policies of the master plan. Daly moved to approve the resolution with
Newbury seconding. The motion passed unanimously, 7-0.
The ninth item on the agenda was Adjournment.
Newbury moved to adjourn with Foley seconding at approximately 10:32 p.m. The
motion passed unanimously, 7-0.
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Dick Cleveland, Mayor
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Lorelei Donaldson, Town Clerk
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Vaii Town Councii Meeting Minutes
Tuesday, October 7, 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 Cleveland.
Members present: Dick Cleveland, Mayor
Mark Gordon
Farrow Hitt
Kevin Foley
Kim Newbury
Margaret Rogers
Andy Daly
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Input.
Local restaurateur Brian Nolan complimented the Commission on Special Events (CSE)
for its good work and Council for its funding of the CSE.
Kaye Ferry questioned why a second Request for Proposals for the redevelopment of
Timber Ridge had not been issued.
The second item on the agenda was a Community Planning Month Proclamation.
Newbury read into the record a Community Planning Month Proclamation. Newbury
moved to approve the proclamation with Rogers seconding. The motion passed
unanimously, 7-0.
The third item on the agenda was the Town Manager's Report.
➢ Revenue Update.
Budget and Financial Reporting Manager Kathleen Halloran reported that when all sales
tax returns are received for the month of August, collections for the month are expected
to be $1,318,843, up 13.4% from August, 2007. Year-to-date sales tax collections of
$14.7 million are up 6.8% from 2007. For comparison, inflation as measured by the
consumer price index was up 5.4% for the month of September, and up 4.2% for the first
1
half of 2008 compared to prior year. Use tax collections began as of January 1, 2008.
As of September 30, collections total $539,950 of unbudgeted revenue. Construction
permit revenue currently totals $1.9 million, down 15% from this time last year.
However, due to conservative budgeting collected revenue currently exceeds budget by
$607,000. The decrease in activity from the prior year is due to both major and non-
major redevelopment projects. Major redevelopment projects make up 76% of the total,
and construction permit fee revenue from those projects is up by 12% from prior year.
Revenue from non-major projects is down 24% from this time last year. RETT collections
through September 30, 2008, total $5.9 million. This amount is a 33% increase from this
time last year primarily due to recent sales of major redevelopment projects. The overall
real estate market in Eagle County is down 27% in sales dollars and down 43% in sales
transactions as of July, 2008. Major redevelopment projects such as Arrabelle at Vail
Square, Forest Place, One Willow Bridge and Vail Plaza account for 61 % of year-to-date
2008 collections. This is significantly higher than the 25% from September 2007, and is
the reason Vail's RETT revenue is performing much better than the rest of the county.
RETT collections from property transfers not related to major redevelopment projects
dropped by 31 % year-to-date as of September, 2008 compared with 2007. This is more
in line with the sales decrease across the county.
➢ 2008 Bond Issue Update.
Finance Director Judy Camp reported the town's credit rating for bond issuance has
been upgraded. "I think this is something we can all be proud of." While discussing the
current municipal bond market Camp commented, "There have been no municipal bonds
sold in the State of Colorado in the last three weeks...There is simply no market for
them."
➢ Timber Ridge Bonds Update.
Camp reported the recent credit market turmoil is having an impact on the resale of
those funds.
➢ Update on Collection of Use Tax.
Town Attorney Matt Mire clarified why the town-collected construction use tax revenues
were collected at the beginning of a construction project. Mire explained it was a matter
of state law. Daly expressed concern collection of the tax at the beginning of the project
was not prudent to builders/developers.
➢ Chamonix Property Planning Update.
Community Development Director George Ruther explained Economic and Planning
Services Inc. had been hired to provide more precise cost estimates. Gordon asked if
several different mixes of unit types would be contemplated in the scenarios. Ruther
clarified that would happen.
Hitt then asked about the status of the LionsHead kiosk. Ruther explained Vail Resorts
intended to operate the kiosk as a newsstand and information center during the
upcoming ski and summer season. If Vail Resorts chooses not to operate, the facility the
town could take over operations or the kiosk could be removed. "We are doing what was
originally expected or contemplated by the town and Vail Resorts... We have greater
2
assurances that it will be operated or removed than we have in the past." Zemler said,
"They will fund us if they fail to operate it."
The fourth item on the agenda was the Consent Agenda.
Approval of 9.02.08 and 9.16.08 Minutes
Gordon moved to approve the minutes without amendment with Rogers seconding. The
motion passed unanimously, 7-0.
The fifth item on the agenda was an Appointment to the Eagle County Open Space
Advisory Council (OSAC).
Following the resignation of Greg Moffet to the OSAC in March 2008 as he was
appointed to the Eagle County Planning Commission, staff has filled an interim position
on OSAC. Staff requested Council recommend either a Councilmember or full time staff
member to represent the Town of Vail on the OSAC. Daly moved to appoint Cleveland
as the town's representative with Newbury seconding. The motion passed unanimously,
7-0.
The sixth item on the agenda was an Art in Public Places (AIPP) Board Appointment.
Council was asked to appoint one applicant to the AIPP to complete the term which ends
March 31, 2011. The Board is made up of inembers who have demonstrated expertise in
architecture, art criticism, art education, art history, fine arts, graphic arts, interior design,
landscape architecture, town planning/community development or other art/design
related backgrounds not specifically mentioned, or who have demonstrated a strong
interest in the visual arts and/or civic improvement.
Board members shall meet one of the following requirements for at least one year:
a. A resident of the Town of Vail and/or
b. Owner of property within the Town of Vail
Duties and functions of the Art in Public Places Board include:
a. Implementation of the AIPP policies and selection procedures. This specifically
includes deciding the appropriate selection process for public art projects,
appointing selection panels for specific projects, and approving the final selection
of artist or artists for a project.
b. Acquiring public art by purchase, donation or other means for Vail's permanent
Art in Public Places collection.
c. Overseeing the maintenance and preservation of art works displayed in public
areas.
d. Assisting the Art in Public Places coordinator in obtaining grants and donations to
fund public art projects.
e. Promoting public art through a public education program that will further
community appreciation and understanding of the visual arts.
f. Publicizing Art in Public Places projects and recognizing the artist(s) involved
with the project.
g. Evaluating the Art in Public Places program and commitment of board members
annually and setting program goals on a five year basis.
3
Earlier Council in the day Council interviewed one applicant for the appointment.
Newbury moved to approve Scott DeWitt with Rogers seconding. The motion passed
unanimously, 7-0.
The seventh item on the agenda was a Regional Air Service Update.
Air Planners representative Kent Myers provided Council with an update on the "Fly Vail"
summer and fall flight programs. He then explained that the Eagle County Regional
Airport's (EGE) altitude restricted the distance of flights leaving the airport. Myers
emphasized American Airlines and United are "big partners with Vail." He then reported
fall air traffic for 2008 is tracking 35% behind last year. Myers also discussed funding
requirements (guarantees) entailed with maintaining air service to Minneapolis
(Northwest Airlines) during the 2008-09 ski season.
The eighth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals,
Vail Town Code, of the Town of Vail Planning and Environmental Commission's
approval of a request for a final review of an amendment to an existing conditional use
permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow
for the extension of a conditional use permit to allow a temporary business office,
located at 450 East LionsHead Circle (Treetops Building).
Due to a predetermined conflict of interest (Vail Resorts affiliation) Gordon recused
himself from the item and left the Council Chambers. Planner Bill Gibson explained that
on August 25, 2008, the PEC approved, with conditions, an amendment to an existing
conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail
Town Code, to allow for the extension of a conditional use permit to allow a temporary
business office, located at 450 East LionsHead Circle (Treetops Building)/Lot 6, Vail
LionsHead Filing 1, and setting forth details in regard thereto, by a vote of 5-0-1 (Pierce
recused). The Vail Town Council "called-up" this PEC's action at its September 2, 2008,
public hearing by a vote of 5-0-2 (Cleveland and Gordon opposed). Please see the
following item for a review of the discussion regarding this item.
The ninth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail
Town Code, of the Town of Vail Planning and Environmental Commission's approval of
a request for a final review of an amendment to an existing conditional use permit,
pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the
extension of a conditional use permit to allow for a temporary business office located at
616 West LionsHead Circle (Concert Hall Plaza Building).
Due to a predetermined conflict of interest (Vail Resorts affiliation) Gordon recused
himself from the item and left the Council Chambers. On August 25, 2008, the PEC
approved, with conditions, an amendment to an existing conditional use permit, pursuant
to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the
extension of a conditional use permit to allow for a temporary business office located at
616 West LionsHead Circle (Concert Hall Plaza Building)/Lot 1, Vail LionsHead Filing 4,
by a vote of 5-0-1 (Pierce recused). Council "called-up" this PEC's action at its
September 2, 2008, public hearing by a vote of 5-0-2 (Cleveland and Gordon opposed).
Hitt clarified first floor locations have traditionally only allowed for retail space (as
opposed to an office use). Vail Mountain Chief Operating Officer Chris Jarnot introduced
the Vail Mountain management team. Jarnot said Vail Resorts has 61 employees
4
working in the two office spaces. Jarnot said future office space is expected to be
located in the proposed Ever Vail development to be located in the West LionsHead
area. Daly said he believed the uncertainty of the Ever Vail construction timing made it
an unacceptable option for future office space and encouraged Vail Resorts to include
office space in its proposed North Day Lot employee housing development. Jarnot said if
they were not able to remain in their current location Vail Resorts would, "break up and
move farther and farther away...We are subject to your direction at this point." Daly
asked why the North Day lot was no longer on a list of alternatives. Jarnot responded,
"Ever Vail is a more appropriate place for office space...we are building office space
there anyway so we might as well build some for ourselves... For us long-term that
seems to be the best plan." Hitt clarified Vail Resorts had no immediate plans for other
potential office space locations. Rogers moved to uphold the two decisions of the PEC
with Daly seconding. "If it's not broken don't try to fix it." LionsHead Merchant
Association representative Keith Odza spoke in support of keeping the Vail Resorts
employees in Vail. "It's important to keep everything in that regard here." Former Vail
Mayor Bob Armour clarified the PEC's recommendation would be reviewed in May 2009.
"I appreciate that the vitality in that area is improving." Local restaurateur Bryan Nolan
spoke in support of the motion. Kaye Ferry said that in the past retailers had been
interested in the discussed locations. "If you don't like this ordinance, change it...or it
should be applied fairly across the board...Vail Resorts has had an advantage that
nobody else has." Vail Chamber and Business Association Representative Michael
Norton said his constituents wanted Vail Resorts to remain in their present location. Hitt
clarified Vail Resorts had occupied the space for three years and said he believed the
Concert Hall Plaza area would be seeing more pedestrian traffic due to redevelopment
(potentially increasing the viability of retail business). "My concern is that we have a
temporary conditional use that doesn't have an end to it... We need to define
temporary... I think our problem lies with that ordinance... We need to come to a definitive
cut-off for temporary uses." Daly stressed the importance of ski operations and the
necessity for them to be close to Vail Mountain. He also said personnel fragmentation
jeopardizes the ability to provide quality services. Newbury commented, "These
unlimited renewals are creating a de facto permanent office space." She then said a
definition of temporary in regard to a conditional use needed to be reviewed. "It does not
meet the goals and objectives of the town to have office space on the first floor."
Cleveland noted, "I am deeply troubled by the complete lack of long-term planning on
the part of Vail Resorts." He then said it would not be unreasonable to ask Vail Resorts
for the sales tax lost due to the location's use as office space. The two motions passed
5-1-1, with Foley opposed.
The tenth item on the agenda was a request for review of an encroachment agreement
for constructed improvements on Town owned property associated with the Manor Vail
Lodge redevelopment. As a result of performing a survey to create a condominium plat
for Manor Vail Lodge new dwelling units, it was discovered that several decks/walkways
on the rear of Building C encroach on to Town property.
On June 21, 2005, Council unanimously adopted Ordinance No. 14, Series of 2005, an
ordinance repealing and reenacting Ordinance No. 24, Series of 2004, establishing
Special Development District (SDD) No. 38, Manor Vail Lodge. The purpose of
Ordinance No. 24, Series of 2004, was to adopt the development plan for the
redevelopment of the Manor Vail Lodge which included new dwelling units, a
subterranean parking structure, new facades, and public improvements which were to
serve as public benefits for the deviations from fhe High Density Multiple Family zone
5
district. The Community Development Department recommended Council instruct staff
to create and record an encroachment agreement for constructed improvements on
Town property associated with the Manor Vail Lodge redevelopment in a form
satisfactory to the Town Attorney. Rogers asked what the Manor Vail redevelopment had
provided in terms of public benefit. East West Partners representative Jim Adams
explained the scenario creating the encroachment. Gordon asked Mire what the town's
remedies were for the encroachments. Mire said he would have to research the matter
to provide a comprehensive answer. Zehren and Associates representative Brian Sipes
explained the architectural reason the project encroached on town property. "We
wanted the project all along to be a good fit." Hitt moved to direct the Town Attorney to
enter an encroachment agreement with the East West Partners with Foley seconding.
Hitt then clarified that a lot of time and effort went into the initial review of the project and
emphasized that the land transfer remained in the town's best interest. He also
emphasized the encroachment was no fault of the developer. Rogers commented, "I
can't just see myself giving away town property for nothing...l think there are some
things you can do to show good faith. She then recommended the developer volunteer
to renovate a structure referred to as the "art shack" in Ford Park. Gordon agreed the
art shack renovation would serve as a fare settlement. Newbury stated, "I feel that if we
are trying to get something out of this we are being punitive." Daly said the town can not
tolerate poor surveys and encroachments onto town owned land. The motion passed 4-
3, with Rogers, Gordon and Daly opposed.
The eleventh item on the agenda was the First reading of Ordinance No. 16, Series of
2008, an ordinance requesting a zone district boundary amendment, pursuant to Section
12-3-7, Amendment, Vail Town Code, to allow for the rezoning of a 430 square foot
parcel of land from High Density Multiple-Family (HDMF) District to General Use (GU)
District.
On August 11, 2008, the PEC voted 5-0-0 to forward a recommendation of approval for
a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail
Town Code. Daly moved to approve the ordinance with Hitt seconding. The motion
passed unanimously, 7-0.
The twelfth item on the agenda was the First reading of Ordinance No. 21, Series of
2008, for prescribed regulations amendments to Section 14-10-7, Outdoor Lighting, Vail
Town Code, to allow for amendments to the outdoor lighting standards.
Planner Bill Gibson reported the purpose of the proposed amendments is to clarify the
Town's outdoor lighting standards and to simplify the implementation and enforcement of
the Town Code. The proposed amendments were also intended to update the outdoor
lighting standards to better achieve "green" (i.e. environmentally sensitive and energy
efficient lighting fixtures and techniques) and "dark sky" (i.e. minimizing light pollution)
policies. In its August 19, 2008, public hearing, Council held a work session to discuss
the proposed amendments. At the time Council was generally supportive of the "green"
and "dark sky" policies incorporated in the proposed amendments. On August 25, 2008,
the PEC voted 6-0-0 to forward a recommendation of approval to Council for the
proposed amendments. Daly clarified currently existing lighting fixtures would be
grandfathered into compliance. Daly then moved to approve the ordinance with Newbury
seconding. During a pause for public comment, Gwen Scalpello spoke against
construction sites being exempt from construction sites. "Lighting guidelines in this
ordinance should apply to construction sites." Council agreed to address construction
6
lighting. Gordon said it was nice to be moving in the direction of a green building code.
The motion passed unanimously, 7-0.
The thirteenth item on the agenda was the second reading of Ordinance No. 19, Series
of 2008, An Ordinance making supplemental appropriations to the Town of Vail General
Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Heavy Equipment Fund,
Dispatch Services Fund and Debt Service Fund of the 2008 Budget for the Town of Vail,
Colorado; and authorizing the expenditures of said appropriations as set forth herein.
Budget and Financial Reporting Manager Kathleen Halloran introduced the item. She
explained budgeted revenues would be increased by $3.9 million and budgeted
expenditures would increase by $2.2 million. Foley inquired about the exclusion of a
proposed green house. Public Works Director Greg Hall said the project was under
review for potential value engineering. Hitt said he appreciated the project being
revisited. Foley moved to approve the ordinance with Hitt seconding. The motion passed
unanimously, 7-0.
The fourteenth item on the agenda was Resolution No. 21, Series 2008, A Resolution
' Approving the Purchase of Property in the Town of Vail Legally Described as Gore
Range Condominium Unit #3-W, Eagle County, Colorado with a Physical Address of
2189 Chamonix Lane, Vail Colorado.
The Town of Vail enacted employee housing requirements for new development. Fee-in-
lieu is one of four methods available to mitigate the requirement. To date, the town has
collected $417,000 in employee housing fee-in-lieu. Fee-in-lieu dollars are to be spent
establishing new employee housing units within the Town of Vail. The town will be using
these funds to purchase Gore Range Condominiums #3-W. The Council considers it in
the interest of the public health, safety and welfare to purchase property legally
described as Gore Range Condominium Unit #3-W, Eagle County, Colorado with a
physical address of 2189 Chamonix Lane, Vail Colorado (the "Property") for the amount
of $309,000.00. Please see below for the approving motion and vote.
The fifteenth item on the agenda was Resolution No. 22, Series 2008, A Resolution
Approving the Purchase of Property in the Town of Vail Legally Described as Gore
Range Condominium Unit #2-E, Eagle County, Colorado with a Physical Address of
2189 Chamonix Lane, Vail Colorado.
The Town of Vail enacted employee housing requirements for new development. Fee-
in-lieu is one of four methods available to mitigate the requirement. To date, the town
has collected $417,000 in employee housing fee-in-lieu. Fee-in-lieu dollars are to be
spent establishing new employee housing units within the Town of Vail. The town will be
using these funds to purchase Gore Range Condominiums #3-W. The Council considers
it in the interest of the public health, safety and welfare to purchase property legally
described as Gore Range Condominium Unit #2-E, Eagle County, Colorado with a
physical address of 2189 Chamonix Lane, Vail Colorado (the "Property") for the amount
of $290,000.00. Rogers moved to approve Resolutions No. 21 and No. 22, Series of
2008 with Newbury seconding. The motion passed unanimously, 7-0. Daly clarified
appraisals of the properties had been carried out.
The sixteenth item on the agenda was Adjournment.
7
Newbury moved to adjourn with Foley seconding with the Council voting 7-0 to end the
meeting.
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Lorelei Donaldson, Town Clerk
8
Vail Town Council Meeting Minutes
Tuesday, October 21, 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 Cleveland.
Members present: Dick Cleveland, Mayor
Mark Gordon
Farrow Hitt
Kevin Foley
Kim Newbury
Margaret Rogers
Andy Daly
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Input.
Dick Neal encouraged the Town of Vail to revisit various parking opportunities in Minturn
that had been explored previously. He also spoke in support of angled parking on the
Frontage Roads.
Vail Mountaineer Publisher Jim Pavolich spoke in support of adding more exterior
modular news racks throughout Vail Village and LionsHead, as well as creating a priority
for access by local daily newspapers over other commercial publications.
The second item on the agenda was an Eagle Sustainable Communities 2010 update.
Eagle County Commissioner Arn Menconi informed the audience and Council that the
Eagle County Commissioners and staff have begun a comprehensive initiative called
Susfainable Communities 2010. This effort is intended to provide local decision makers
quantifiable "quality of life" data and information, along with suggested tools, in order to
assist in decision making when developing public policy toward sustainable communities
throughout Eagle County. The program is meant to support the County's organizational
mission statement, which is "To be the model of excellence for mountain communities by
2010." The purpose of Sustainable Communities 2010 is to first quantify residents'
needs and levels of service, then recommend solutions to ensure impacts associated
with growth are mitigated and adequate services provided to meet the demands of the
population. Sustainable Communities 2010 comprehensively considers the economic,
social and environmental challenges that arise from growth. Menconi and fellow
Commissioner Peter Runyon both emphasized the most important aspect of the initiative
1
is the sharing of this information with towns and other community leaders, through
ongoing communication and collaboration. Eagle County Community Development
Director Keith Montag provided an overview of the analysis that had been performed.
Runyon said emphasis needed to be placed on downvalley park and rides (in order to
expand or enhance public transportation). Menconi clarified park and ride locations had
been identified although they lacked funding. Gordon thanked the commissioners for the
work they were doing. During a pause for public comment, Dr. Tom Steinberg of Vail
said he was disappointed only two doctors in the county accepted Medicaid for children.
The third item on the agenda was the Town Manager's Report.
➢ Fire Station RFP.
Town Manager Stan Zemler said funds were budgeted in 2008 to pursue the design of a
West Vail Fire Station. Council directed Zemler to continue the fire station design
process.
➢ Americans with Disabilities Act (ADA) Compliance Update.
Town Attorney Matt Mire said the town had achieved compliance with the town's federal
ADA compliance requirements.
The fourth item on the agenda was the Vail Environmental Sustainability Plan.
Town Environmental Officer Bill Carlson stated at the January 22, 2008, Town Council
retreat, Council identified the completion and adoption of an Environmental Sustainability
Plan by fall, 2008, as a critical action toward advancing environmental sustainability, one
of three top town priorities identified along with housing and transportation. Staff drafted
initial policy statements, goals, and next steps based upon the environmental goals
identified in the 2007 Vail 20/20 Community Plan. Carlson reported the following had
been developed as a policy statement:
"The Town of Vail shall serve as a nationally recognized leader in sustainability through
a commitment to community partnerships and balanced stewardship of human, financial
and environmental resources in policy and daily operations."
Environmental Sustainability Coordinator Kristen Bertuglia then outlined the proposed
sustainability goals:
Goal #1: Solid Waste Stream Reduction and Recycling: Reduce the amount of TOV
landfill contributions by ten percent within five years, and 25% within ten years.
Goal #2: Energy Efficiency and Green Building: Reduce the TOV municipal and
community energy use by 20% below 2006 levels by 2020. Continue to ensure that
100% of TOV electricity use is either derived from, or offset by renewable power.
Goal #3: Ecosystem health: Ensure that the natural environment, specifically air and
water quality, water quantity, land use and habitat are maintained to current or improved
levels of biological health.
2
Goal #4: Sustainable Economic and Social Development: Lead programmatic efforts to
promote sustainable and profitable business practices within TOV and the Vail
community. Implement TOV employee sustainability programs to maintain high quality of
life standard.
Goal #5: Public Education and Communication: Increase public education and
awareness, communication and environmental stewardship in the TOV.
Goal #6: Transportation: Reduce the environmental impact of transportation by
supporting efforts within the Eagle Valley to decrease total Vehicle Miles Traveled (VMT)
by commuters and guests by 20% by 2020.
Council agreed with the policy statement and goals. For more information, contact Bill
Carlson at 479-2333.
The fifth item on the agenda was a Presentation to the Vail Town Council on the current
status of the Ever Vail redevelopment, which will include the application submittals, the
process, and roles and responsibilities of the Town moving forward.
Community Development Director George Ruther explained that the redevelopment of the
area known as Ever Vail is an intricate project with many applications and steps within the
development review process. Furthermore it will include the roles and responsibilities of the
Town Council, PEC, and DRB. "We could potentially be expecting an application for the
project as soon as October 27... We would really like to be clear about our expectations."
The following development application will be required:
➢ Colorado Department of Transportation/Federal Highway Administration Road
Relocation
➢ Subdivision/Land Division/Dedication
➢ Master Plan/Zoning Code Amendments
➢ Rezoning
➢ Major Exterior Alteration/Conditional Use Permits
➢ Design Review
Daly asked for a comprehensive evaluation of the total project, "I want to go in with
everyone understanding pretty well in terms of what the expectations are." Ruther said,
"Someone asked me how long will this take...l answered I am not sure...l believe the Front
Door project took about a year to reach final approval." Zemler thanked Ruther and his staff
for providing a comprehensive overview of what would be required for project approval
The sixth item on the agenda was an update on I-70 noise issues including noise
reading results of I-70 noise in a before and after comparison of the I-70 overlay project
Public Works Director Greg Hall said I-70 noise mitigation has been a priority of
numerous Town Councils. Various studies have been performed in determining the best
strategies on mitigating noise in Vail. In 2005 the council adopted a multi-prong
approach to mitigating noise. The four major components were:
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➢ Enforcement
➢ Education
➢ Engineering
➢ Legislation
Hankard Environmental representative Jeff Cerjan said the new pavement on I-70 had
reduced sound between two and three decibels. "The big question will be will it last
longer than a year or two...That's the big question." Police Chief Dwight Henninger said
around 2,000 traffic citations have been issued since the introduction of the noise
mitigation program in 2004 (speed reduction helps to eliminate road noise).
The seventh item on the agenda was the First reading of Ordinance No. 22, Series of
2008, repealing and re-enacting Ordinance No. 6, Series of 2005, Vail Village Inn,
amending and re-establishing the approved development plan for Phase III of Special
Development District (SDD) No. 6, pursuant to Article 12-9A-10, Amendment
Procedures, Vail Town Code, to allow for the conversion of an existing office and retail
space to residential for an addition to an existing dwelling unit, located at 68 Meadow
Drive/Lot O, Block 5D, Vail Village Filing 1.
Planner Nicole Peterson reported that between October 13, 2008, the PEC voted 2-1-1
(Kurz opposed, Pierce recused) to forward a recommendation of approval to Council for
the proposed amendments for SDD No. 6, Vail Village Inn, Phase III. Vail Homeowners
Association representative Jim Lamont clarified horizontal zoning was allowed in the
town. The applicant requested approximately 1,000 square feet of commercial space be
converted to residential. This would impact twelve feet of commercial frontage.
Sherman and Howard (legal firm) representative Tim Devlin said the requested change
would decrease the parking requirement of 2.8 spaces and generate $37,000 pay-in-lieu
for affordable housing. Blue Line Architects representative Ken Bridges said lack of
pedestrian access and poor solar exposure has hindered the vitality of the plaza. "It's
going to become almost a residential courtyard." Local business owner Jonathan
Staufer clarified the affected business, To Catch a Cook, has been operational for
approximately ten years. While discussing the location of the property and its retail
effectiveness, Robinson & Mitchell Real Estate owner Robby Robinson commented, "In
nine years I've had ten walk-ins come into the business." Vail Village Homeowners
Phase III representative Ann Bishop spoke in support of this application. She then
expressed concern about a proposed pocket park slated to occur between the Village
Inn development and the currently under construction Solaris project. Newbury moved to
deny the ordinance request with Gordon seconding. Lamont clarified the motion was
made due a belief the ordinance would hinder the vitality of the area consistent with the
stated goals and outcomes of the Vail Village Master Plan. He then said this residential
area was to act as a passage between two very large projects. Joe Staufer said, "This is
upstairs space whether you like it or not...l urge you tonight to think about what is fair,"
Jonathan Staufer said he believed the proposal created more vitality as it moved the
retail closer together. "We are losing twelve square feet of retail frontage, that's it." Julie
Syracuse spoke in support of the applicanYs proposal. Rogers said she was not sure
where the vibrancy should go. While discussing public benefit, Rogers said, "Whenever
there is a change to a SDD I am always looking for a benefit to the town...l don't
consider statutory obligations public benefit." Hitt said, "Sometimes things just make
sense and this makes sense for the applicant to do it this way...l would like to see
access to that pocket park for the general public. Campbell clarified there is no
public/pedestrian easement for the public park. Joe Staufer said the park had always
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been open to the public with the exception being when illegal activities were taking
place. Newbury said, "We are talking about a business that has been there for ten
years, thaYs pretty viable." Foley said he believed an approval would be considered
precedent. Gordon said he believed the Staufers' arguments were compelling; however,
he believed the space would be good for other commercial uses. Daly said he believed
the property was not viable residential or commercial frontage. The motion to deny failed
2-5 with Cleveland and Newbury voting in favor. Rogers then moved to approve the
ordinance with Hitt seconding. The motion passed 6-1, with Gordon opposed.
The eighth item on the agenda was the First reading of Ordinance No. 23, Series of
2008, an ordinance amending Chapter 12-22, View Corridors, Vail Town Code, pursuant
to Section 12-22-4, Adoption of View Corridors and Section 12-22-5, Amendments, Vail
Town Code, to adopt two new view corridors and amend one existing view corridor in
LionsHead.
On October 13, 2008, the PEC voted 3-0-1 (Pierce abstained) to forward a
recommendation of approval to adopt two new view corridors and amend one existing
view corridor in LionsHead, pursuant to the recommendations outlined in Chapter 4,
Recommendations-Overall Study Area, Public View Corridors, LionsHead
Redevelopment Master Plan. Rogers moved to approve the ordinance with Daly
seconding. The motion passed 6-1, with Foley opposed. Foley said, "We should be
making the buildings fit the view corridor."
The ninth item on the agenda was an Ordinance Approving A Holy Cross Energy Utility
Easement within the Town of Vail Open Space between Matterhorn Circle and Upper
Matterhorn Circle.
An existing overhead electric line is being used to cross the middle bench open space
without an easement. This year Holy Cross Energy lowered this stretch of overhead line
at the request and cost of a private homeowner. Neither the existing nor the current
electric lines have had a dedicated easement. Holy Cross and town staff would like to
have an easement granted to accommodate the new buried line. Hitt asked how a
conduit was placed on public land without an easement. He also expressed concern
about the size of the easement. Hitt moved to table the item until November 4, 2008,
with Foley seconding. The motion passed unanimously, 7-0.
The tenth item on the agenda was the Second reading of Ordinance No. 16, Series of
2008, an ordinance requesting a zone district boundary amendment, pursuant to Section
12-3-7, Amendment, Vail Town Code, to allow for the rezoning of a 430 square foot
parcel of land from High Density Multiple-Family (HDMF) District to General Use (GU)
District.
On August 11, 2008, the PEC voted 5-0-0 to forward a recommendation of approval for
a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail
Town Code. On October 7, 2008, Council unanimously approved the first reading of
Ordinance No. 16, Series of 2008. Daly moved to approve the ordinance with Hitt
seconding. The motion passed 6-1, Rogers opposed.
The eleventh item on the agenda was the Second reading of Ordinance No. 21, Series
of 2008, for prescribed regulations amendments to Section 14-10-7, Outdoor Lighting,
Vail Town Code, to allow for amendments to the outdoor lighting standards.
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On October 7, 2008, the Town Council voted to approve, with conditions, Ordinance No.
21, Series of 2008, on first reading. Since the Council's October 7th hearing, staff has
discovered a 1991 District Court decision related to the town's previous outdoor lighting
regulations. Staff is currently reviewing this court decision and evaluating if this decision
has any affects on the proposed Ordinance No. 21, Series of 2008. Staff recommended
the Town Council tables the second reading of Ordinance No. 21, Series of 2008, to the
Council's November 4, 2008, public hearing; to allow staff an opportunity to evaluate a
recently discovered court decision related the town's previous outdoor lighting
standards. Newbury moved to table the ordinance with Daly seconding. The motion
passed unanimously, 7-0.
The twelfth item on the agenda was Adjournment.
Foley moved to adjourn at approximately 10:05 p.m. with Newbury seconding. The
motion passed unanimously, 7-0.
•opL ,
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~L ~ Dick Cleveland, Mayor
. ,
ATTEST:
Lore ei Donaldson, Town Clerk
6
Vail Town Council Meeting Minutes
Tuesday, November 4, 2008
6:00 P.M.
Vail Town Council Chambers
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The regular meeting of the Vail Town Council was called to order at
approximately 6:00 P.M. by Mayor Dick Cleveland.
Members present: Dick Cleveland, Mayor
Mark Gordon
Farrow Hitt
Kevin Foley
Kim Newbury
Andy Daly
Not present: Margaret Rogers
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer
The first item on the agenda was Citizen Input.
Vail Mountaineer Publisher Jim Pavelich urged Council to readdress the availability of
newspaper boxes in Vail Village and LionsHead.
The second item on the agenda was the Consent Agenda.
➢ Approval of the 10.07.08 & 10.21.08 Minutes.
Daly moved to approve the minutes with Foley seconding with minor amendments. The
motion passed unanimously, 6-0.
The third item on the agenda was the Town Manager's Report.
➢ Revenue Update.
Budget and Finance Reporting Manager Kathleen Halloran reported that when all sales
tax returns are received for the month of September, collections for the month are
expected to be $836,137, down 7.95% from September, 2007. Year-to-date sales tax
collections of $15.6M are up 6.3% from 2007. For comparison, inflation as measured by
the consumer price index was up 4.9% for the month of September, and up 4.2% for the
~ first half of 2008 compared to prior year. Use tax collections began as of January 1, 2008.
As of October 30, collections total $610,800 of revenue. This is $110K over the amended
budget of $500,000. Construction permit revenue currently totals $2.2M, down 12% from
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~ this time last year. However, due to conservative budgeting collected revenue currently
exceeds the amended 2008 budget by $487K. The decrease in activity from the prior year
is due to both major and non-major redevelopment projects. Major redevelopment projects
make up 76% of the total, and construction permit fee revenue from those projects is up
i by 8% from prior year. Revenue from non-major projects is down 24% from this time last
I year. RETT collections through October 28, 2008, total $6.3 million. This amount is a 34%
~ increase from this time last year primarily due to recent sales of major redevelopment
projects. The overall real estate market in Eagle County is down 27% in sales dollars and
down 46% in sales transactions as of August, 2008. Major redevelopment projects such
as the Arrabelle at Vail Square, Forest Place, One Willow Bridge, Vail Plaza and The
Willows account for 59% of year-to-date 2008 collections. This is significantly higher than
the 23% from October 2007, and is the reason Vail's RETT revenue is performing much
better than the rest of the county. RETT collections from property transfers not related to
major redevelopment projects dropped by 29% year-to-date as of October, 2008
compared with 2007. This is more in line with the sales decrease across the county.
➢ Conference Center Funds.
Town Attorney Matt Mire reported, "I see no reason why the new election (used to
determine the future use of the conference center funds) would be governed by TABOR."
The fourth item on the agenda was the Building & Fire Code Appeals Board vacancy
appointments.
Foley moved to appoint Lynne Fritzlen to the board with Hitt seconding. The motion
passed unanimously, 6-0. For details, contact Lorelei Donaldson at 479-2136.
The fifth item on the agenda was the First reading of Ordinance No. 24, Series 2008, an
Ordinance Approving A Holy Cross Energy Utility Easement within the Town of Vail Open
Space between Matterhorn Circle and Upper Matterhorn Circle.
Town Engineer Tom Kassmel informed Council an existing overhead electric line crossed
the middle bench open space without an easement. "This year Holy Cross Energy lowered
this stretch of overhead line at the request and cost of a private homeowner... Neither the
existing nor the current electric lines have had a dedicated easement." Hitt clarified there
was an underground utility vault placed in Donovan Park. "I'm not opposed to burying
power lines throughout the town...l have a problem with the way it actually happened."
Foley clarified the contractor would pay for the necessary restoration and permitting. Hitt
clarified Holy Cross Energy inspected and approved all of the work. Holy Cross Energy
representative Jeff Broom explained the utility line benefited the entire Matterhorn area.
Cleveland expressed concern future adjacent private property owners could have access
to above ground utility vaults on Donovan Park. Hitt moved to approve the ordinance with
Foley seconding. The motion passed unanimously, 6-0.
The sixth item on the agenda was the First reading of the 2009 Budget Ordinance No. 25,
Series 2008.
The $51 million budget was approved on first reading by a 5-1 vote, Daly opposed. A
public hearing is now scheduled for Nov. 18 for second reading. As recommended by
~f Council member Andy Daly, one modification was made during first reading where an
adjustment in the split of sales tax revenue between the General Fund and the Capitat
Projects Fund was made. The proposed budget reflects a transfer of $750,000 from the
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General Fund to the Capital Projects Fund in recognition of the need to sustain Vail's
world class infrastructure. The transfer is made possible by an $800,000 cut in the
General Fund as directed earlier by Council. The revised split means 61 percent of the
$19.4 million projected sales tax is allocated to the General Fund and 39 percent to the
Capital Projects Fund. This adjustment to revenues will boost the fund balance in the
Capital Projects Fund to $3.9 million for 2009, and leaves the General Fund with a surplus
of approximately $38,000 for 2009 and ending fund balance of $21.7 million. When the
; split is greater than 50-50, the budget adoption process requires a super majority vote of
f the Town Council. Earlier the month, Council directed town staff to cut or defer projects to
i reduce expenses for 2009 in response to the changing economic climate. Specifically,
revenue from both Sales Tax and Real Estate Transfer Tax (RETT) were reduced by a
total of $1.2 million. Expenditures were also adjusted by $6.5 million for 2009: General
; Fund operations were reduced by approximately $800,000 and capital projects in both the
~ Capital Projects Fund and RETT Fund of $5.6 million were deferred until 2010. In total,
; projected 2009 revenue of $50.1 million is a 5.7 percent decrease from 2008. The 2009
j budget proposes a 6 percent merit pool for full-time employees, which was discussed at
~ length by Council on Nov. 4. It was noted that the town's salary increases have lagged
; those of other resort communities over the past five years and several Council members
~ acknowledged their appreciation of town employees before agreeing to keep the merit
; pool at the proposed level. Gordon thanked Budget & Financial Reporting Manager
j Kathleen Halloran for conservative budgeting. "This seems right in line with what needs to
' be done." Foley clarified earmarked federal funds (transit center) would expire if a project
j was not started in LionsHead by 2010. Daly expressed concern budget projections were
~ made during a time of great optimism and ambition. "We have a fiduciary responsibility to
~ our constituents to spend the town's dollars the way they would spend their own.... l think
i as we get on to 2013 to 2015 that our RETT revenue will decrease by 50%...If we are to
remain a world class community we have to put the dollars aside to sustain a world class
I~ infrastructure" Gordon strongly supported not risking a potential reduction of services.
Camp explained the General Fund and Capital Projects fund split fluctuated in accordance
with the town's financial condition and economic projections. Foley expressed concern
that salaries and benefits had risen at a rapid rate. Cleveland clarified 15-20% of
employees do not receive the maximum merit increase. "I would be more comfortable with
a five percent pool as opposed to six percent... I think we need to acknowledge what could
be a tough year." Hitt stated since his time on Council the town has struggled to be a
competitive payer with similar communities. Newbury said, "It really bothers me you
(Council) will spend $150,000 on Bravo, but you won't split $90,000 (the value of a one
percent merit increase) amongst your employees." Hitt concluded, "I feel it would be more
detrimental to lose more key employees at this point than it would be to spend
$90,000 ...We've tried to play catch up for the past five years I've been here." Cleveland
stated, "I would certainly expect Council to stay on staff to monitor revenues in 2009."
Gordon moved to approve the ordinance with Newbury seconding.
The seventh item on the agenda was the First reading of Ordinance No. 26, Series of
2008, an ordinance rezoning a Town owned property, pursuant to Section 12-3-7,
Amendment, Vail Town Code, to allow for the rezoning of Parcel A, a re-subdivision of
Tract D, Vail Das Schone, from Commercial Core 3(CC3) District to General Use (GU)
District.
Newbury moved to approve the ordinance with Daly seconding. The motion passed
unanimously, 6-0.
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~ The eighth item on the agenda was the First reading of Ordinance No. 27, Series of
2008, an ordinance rezoning a Town owned property, pursuant to Section 12-3-7,
Amendment, Vail Town Code, to allow for the rezoning of Parcel B, a re-subdivision of
Tract D, Vail Das Schone, from Two Family Primary/Secondary(P/S) District to Housing
(H) District.
~ Newbury moved to approve the ordinance with Foley seconding. The motion passed
° unanimously, 6-0.
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~ The ninth item on the agenda was the Second reading of Ordinance No. 22, Series of
2008, repealing and re-enacting Ordinance No. 6, Series of 2005, Vail Village Inn,
amending and re-establishing the approved development plan for Phase III of Special
Development District (SDD) No. 6, pursuant to Article 12-9A-10, Amendment Procedures,
Vail Town Code, to allow for the conversion of an existing office and retail space to
residential for an addition to an existing dwelling unit, located at 68 Meadow Drive/Lot O,
Block 5D, Vail Village Filing 1.
Planner Nicole Peterson explained the SDD major amendment ordinance request includes
' the conversion of existing office and retail space to residential for an approximate 1,237
gross residential square foot addition to existing residential unit #110. The proposed
addition is immediately below the existing unit #110 and includes a new exterior entrance
off the pedestrian plaza on the north side of the building, mudroom, staircase, media
room, two bedrooms and three bathrooms. The proposal also includes the interior
reconfiguration of the existing unit #110 level 105.0' and minor exterior alterations. The
proposal does not include any additions outside the exterior walls of the existing building.
The addition area is currently occupied by three commercial lessees:
1) Digits Nail 8outique (108 net square feet of retail)
2) Portion of Robinson, Mitche/l & Associates (115 net square feet of office)
3) Portion of To Catch a Cook (976 net square feet of retail)
4) Miscellaneous - Interior walls to be removed (38 net square feet)
Campbell explained the HOA as well as the property owner had to become applicants.
The applicanYs legal representative Tim Devlin explained the progress of the proposal.
Foley clarified the Solaris development was responsible for making improvements to the
pocket park. Daly moved to approve the ordinance with Foley seconding. Newbury did
not agree with converting retail to residential. During a pause for public comment, Joe
Staufer said he had adequately contributed to the town and the ordinance deserved to be
passed. Local homeowner association representative Anne Bishop spoke in support of the
application and ordinance. "In our neighborhood we think this is a good thing...l think it is
a very private lovely space and no one is being disrupted." Vail Homeowners Association
representative Jim Lamont expressed concern Council demands (public access to a
private pocket park) were "heavy-handed." Daly then withdrew his motion. Hitt moved to
table the item until December 2, 2009, with Gordon seconding (In order to provide a
comparable public benefit analysis). Devlin said his client had no control over whether the
pocket park was public or not. The motion passed unanimously, 6-0.
The tenth item on the The Second reading of Ordinance No. 21, Series of 2008, for
prescribed regulations amendments to Section 14-10-7, Outdoor Lighting, Vail Town
Code, to allow for amendments to the outdoor lighting standards.
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Hitt moved to table with Gordon seconding. The motion passed unanimously, 6-0.
The eleventh item on the agenda was the Second reading of Ordinance No. 23, Series of
2008, an ordinance amending Chapter 12-22, View Corridors, Vail Town Code, pursuant
to Section 12-22-4, Adoption of View Corridors and Section 12-22-5, Amendments, Vail
Town Code, to adopt two new view corridors and amend one existing view corridor in
LionsHead.
Newbury moved to table the item with Hitt seconding. The motion passed unanimously, 6-
0.
The twelfth item on the agenda was Adjournment.
Hitt moved to adjourn the meeting with Foley seconding at approximately 8:06 p.m.
Z
Dick Cleveland, Mayor
ATTEST: ~
(!D
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Lorelei Donaldson, Town Clerk
s
Vail Town Council Meeting Minutes
i Tuesday, November 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 Cleveland.
Members present: Dick Cleveland, Mayor
Mark Gordon
Farrow Hitt
Kevin Foley
Kim Newbury
Margaret Rogers
Andy Daly
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer
The first item on the agenda was Citizen Input.
Police Chief Dwight Henninger announced the Vail Police Department recently received
an award from the International Chiefs of Police for community policing efforts.
LionsHead business owner Tommy Neyens asked for loading and delivery pass
requirements at Checkpoint Charlie to be reviewed.
Local realtor Sarah Thorsten spoke in support of a change to the "Open House" sign
ordinance (allowing more than two per property).
Local restaurateur Susan Fritz expressed concern about loading and delivery.
The second item on the agenda was the Town Manager's Report.
a. Performance Bonds for Large Projects.
Town Attorney Matt Mire said the town currently required a 125% performance bond for
public improvements.
b. Wildfire Mitigation Update.
Fire Chief Mark Miller said the Fire Department had removed 835 dead trees from public
property. The town's wild land fire crew was able to remove the trees at a significant
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cost savings as opposed to the private sector. 419 Vail homeowners were informed of
dead trees that were required to be removed from their private property. The Fire
i Department has also generated significant revenue deploying crews to wild land fire
~ efforts on the west coast. Wild Land Fuels Mitigation Manager Tom Talbot reported the
' wild land fire crew focused on the high risk Intermountain and East Vail areas. The Fire
Department also provided subsidized wood chipping for local homeowners.
The third item on the agenda was a Discussion of Dispersed Loading and Delivery
Policies in Vail Village.
' Public Information Officer Suzanne Silverthorn asked Council to review the three options
for dispersed loading and delivery in Vail Village and to provide direction for
implementation. During the summer of 2007, a 17-member working group was formed to
evaluate current loading and delivery practices and to recommend options for future
implementation of a dispersed loading and delivery network in Vail Village using a
combination of underground delivery bays at three major development sites (Mountain
Plaza, Vail Plaza Hotel and Solaris) as well as on-street loading zones. The group
included representatives from the retail, restaurant, lodging and delivery sectors as well
as representatives from the Town Council, chamber associations and the residential
neighborhood. This group identified ten goals for Vail's loading and delivery efforts and
presented a series of recommendations to the Vail Town Council on October 16, 2007.
While seven interim recommendations were approved during the 2007 Town Council
discussion, decisions on implementation of additional policies were deferred until
completion of the community loading and delivery bays at Mountain Plaza (formerly
Front Door). This facility was opened for community use on November 17, 2008, and
includes up to 13 public loading and delivery bays that are currently available on a
voluntary basis. On November 11, 2008, the Loading and Delivery Working Group
reconvened to tour the Mountain Plaza facility and to offer comment on the policy option
recommended by staff. Council reviewed the recommendations and selected Option A
with a modification to extend on-street delivery on Gore Creek Drive to 10:30 a.m.
(rather than 8:30 a.m.)
The approval is as follows:
--Work on the final refinement and monitoring of the Mountain Plaza
loading dock operational rules with Vail Resorts and vendors to address
the questions raised during the November 11, 2008, tour.
--Beginning January 9, 2009, conduct a 60-day pilot program for
on-street delivery available from 4 a.m. to 8:30 a.m. on Bridge Street,
and from 4 a.m. to 10:30 a.m. on Gore Creek Drive, followed by use of
outlying, dispersed options from 6 a.m. to 6 p.m. Education and
monitoring will be used as alternatives to strict enforcement.
--Provide an interim update to the Town Council after approximately 30
days (February 17, 2009 meeting).
--Reconvene Loading and Delivery Working Group for review and
evaluation on March 2, 2009.
--Present evaluation of Option A effectiveness to the Town Council on
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~ Daly asked if the proposed changes would be financially onerous on restaurateurs. Hitt
; said one of the groups' objectives was to minimize any additional costs to local business
' owners. Local restaurateur Susan Fritch asked if any accommodations would be made
~ for inclement weather (subsequently causing delayed deliveries). Police Commander
Susan Douglas verified accommodations would be made. Douglas clarified there would
be a finro week public information period prior to rigid enforcement being undertaken.
Local hotelier Paul Johnston expressed concern about potential truck congestion on
Hanson Ranch Road. Susan Fritz stated, "I don't want our best efforts to adversely
affect the vitality of the Village...I don't think the UPS driver is a problem on the street...l
am somewhat opposed to banning trucks totally." John Cogswell asked if the loading
docks at Mountain Plaza were being utilized. Hall said the docks had only opened the
day prior. Cogswell then encouraged starting the program during the upcoming ski
season. Hermann Staufer said he did not want Vail Village business owners to feel like
they were being penalized for doing business in that area. "The merchants should not
be penalized by having higher costs for taking deliveries." The Police Department will be
responsible for identifying times when inclement weather has created the necessity for
delivery delays. Hitt moved to approve the recommendation with Daly seconding. Vail
Village Homeowner's Association representative Jim Lamont asked if the stairs at
Wildflower Chute would be converted into a ramp. "After looking across the town... I
have to say I am so incredibly proud of what this community has arrived at ...We are
ready to be what we have become...The best winter resort in the world." Johnston
expressed concern the parking spaces to the north of the Christiania Lodge were
proposed to be used for skier drop-off. Douglas clarified no delivery noise complaints
had been received in the past five years. Daly clarified the delivery plan was
enforceable. Dick Neal asked where Colorado Mountain Express would be able to drop
off hotel guests. Local business owner Bill Hanlon said the proposal could work if
everyone participates. "It can work if we have good enforcement... People love the
pedestrianization of areas... We have to protect our streetscape." Foley stressed not
being severely "heavy handed" with enforcement as the program proceeds. Daly said
he was impressed with the work that had taken place on the issue. The motion passed
unanimously, 7-0.
The fourth item on the agenda was the Timber Ridge Redevelopment / Consideration
the recommendations of staff and the Timber Ridge Redevelopment Advisory Council
(TRRAC) regarding the process for redevelopment of Timber Ridge.
Zemler reported three process alternatives for the redevelopment of Timber Ridge had
been identified and evaluated by staff and the TRRAC. The alternatives include 1.)
Issuing a request for qualifications (RFQ); 2.) Pursuing a design/build process with the
town as developer; and 3.) Negotiating with Vail Resorts to develop the property.
Zemler then encouraged Council to direct staff to initiate a 45-day negotiation with Vail
Resorts to develop the property. "We have held on to this for all the right reasons and
we have come to a time when a transition is needed...there needs to be a very detailed
conversation about financing... Someone will need to produce 20 to 30 percent equity to
acquire the type of financing that is necessary ...l think we are pretty sawy when it
comes to what we are looking at Timber Ridge." The town will more than likely be
required to pay the debt on the land prior to any new development being undertaken. "If
there is a significant negative it is the scale of the debt...This project is going to require a
unique partner/developer...We want deed restrictions...We want a land lease and we
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are going to need money...l believe Vail resorts is most aligned with the Town of Vail for
; the short and long term...l believe Vail Resorts has the financial ability now to do this
I project." During a pause for public comment Suzanne Mueller asked Zemler what
~ affordable housing meant. Zemler said "pillow" rates were targeted from $675 -$900. "I
don't mean that's affordable...l mean thaYs what we are looking at at this point." Local
developer Tom Stone encouraged the Council to pursue a request for qualifications
(RFQ). "I think Vail Resorts is going to be part of the solution for Timber
Ridge... Financing has not come to an end... IYs tougher than it should be." Cleveland
asked how the town could determine if a group has the ability to finance this project.
Dallas based developer Open/Hillwood Partners representative Tom Braun encouraged
Council to pursue an RFQ. "If you don't do an RFQ you don't know what is out there."
Vail Homeowner's Association representative Jim Lamont encouraged Council to pursue
the redevelopment of Timber Ridge in preparation for the next robust economic period.
Local developer Jen Wright encouraged Council to pursue the redevelopment along with
Vail Resorts. "This is a good opportunity to take a chance." Vail Resorts representative
Keith Fernandez said the company would be interested in pursuing negotiations with the
town. Newbury moved to issue an RFQ for the redevelopment of Timber Ridge with
Rogers seconding. Fernandez said if the town was to issue an RFQ, Vail Resorts would
continue to pursue the North Day Lot. Daly expressed concern that bond market
volatility (the town owes $19 million for the project) was severe enough to warrant
immediate negotiation with Vail Resorts. Speaking in support of an RFQ, Rogers
commented, "I think competition is good and knowledge is power." Foley spoke in
support of negotiating with Vail Resorts. He then encouraged the development of a
Simba Run underpass or another pedestrian I-70 walk-way in the area. Cleveland
shared Daly's concerns about the economy and spoke in favor of pursuing a deal with
Vail Resorts. During a pause for public comment, Rick Scalpello asked if Council should
vote on the Timber Ridge Redevelopment Advisory Committee's recommendation prior
to voting for the motion on the floor. Ruther clarified a parking discussion would be held
by the PEC in the very near future. Local developer Peter Knobel said the town should
enter negotiations with Vail Resorts. The motion passed 5-2, with Daly and Foley
opposed.
The fifth item on the agenda was a Discussion of the Town of Vail Newsrack Regulations
for the 2008-2009 Ski Season.
Town Attorney Matt Mire explained in 1999 the Town of Vail (the "Town") adopted
Ordinance No. 20, Series of 1999 (the "Ordinance") which set forth a certain time, place
and manner in which regulations relating to the placement of newsracks on Town-owned
property and rights-of-way would be decided by lottery. Among other things, the
ordinance established two specific. "Newsrack Boundaries" in Vail Village and Lions
Head respectively. For the reasons set forth in the ordinance, the town has a continued
obligation and responsibility to regulate news racks located on town-owned property and
public rights-of-way for protection of the public heath, safety and welfare. In connection
with the regulations adopted in the ordinance, which was codified and made part of the
Vail Town Code in Title 8 Chapter 6, the town established various newsrack "clusters"
within both of the above-referenced Newsrack Boundaries. The Vail Village and
LionsHead newsrack clusters appear today in a slightly modified form due to
redevelopment. Because there currently exists more demand than available newsrack
space within the two newsrack Boundaries, the staff had planned to hold a lottery to
allocate the available space. The lottery was not going to give priority to any certain
publication(s). Prior to conducting the lottery, the Vail Mountaineer requested that
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~ PrioritY be 9iven to Publications which Publish more fre4uentlY• A P rioritY sYstem as
suggested is set forth in Section II(D) of the draft regulations. Vail Daily publisher Steve
I Gall clarified the publication of the Vail Trail had ceased. "We will continue to publish the
~ Mountain Weekly." Orographic Enterprises publisher Chris Amoroso said many
; publications had been attempting to improve their positioning in newsracks. "There
~ should be a solution to get relevant information into these boxes...There have been long
' term customers who have not been able to improve their positioning in these boxes."
~ American Educational Institute representative Diane Coggin spoke in support of not
; disenfranchising existing publications. Vail Mountaineer publisher Jim Pavelich spoke in
support of giving preference to publications based on frequency. Gordon moved to go
forward without giving preference to frequency of publication in a lottery that would
maintain current regulations until May 31, 2009, at which time the town intends to have
new regulations in place which set forth a process for allocation of newsrack space
moving forward. Newbury seconded. Daly said in the spring of 2009 the newsrack
system needed to be totally revamped. The motion passed unanimously, 7-0.
The sixth item on the agenda was the Second reading of the 2009 Budget Ordinance
No. 25, Series 2008.
Council gave final approval to a$51 million budget for 2009. In approving the budget at
the meeting, Council directed Town Manager Stan Zemler and his staff to closely
monitor expenditures and incoming revenue in the event additional adjustments are
needed. The budget as approved reflects a transfer of $750,000 from the General Fund
to the Capital Projects Fund in recognition of the need to sustain Vail's world class
infrastructure. The transfer is made possible by an $800,000 cut in the General Fund as
directed earlier by the Town Council. This means 61 percent of the $19.4 million
projected sales tax is allocated to the General Fund and 39 percent to the Capital
Projects Fund. This adjustment to revenues boosts the fund balance in the Capital
Projects Fund to $3.9 million for 2009 and leaves the General Fund with a surplus of
approximately $38,000 for 2009 and ending fund balance of $21.7 million. When the split
is greater than 50-50, the budget adoption process requires a super majority vote of the
Town Council, which was approved on a 5-2 vote. Earlier during the budget process, the
Council directed town staff to cut or defer projects to reduce expenses for 2009 in
response to the changing economic climate. Specifically, revenue from both Sales Tax
and Real Estate Transfer Tax (RETT) were reduced by a total of $1.2 million.
Expenditures were also adjusted by $6.5 million for 2009; General Fund operations were
reduced by approximately $800,000; and capital projects in both the Capital Projects
Fund and RETT Fund of $5.6 million were deferred until 2010. In total, projected 2009
revenue of $50.1 million is a 5.7 percent decrease from 2008. The 2009 budget includes
up to a six percent merit pool for full-time employees, which was discussed at length by
Council on Nov. 4 and again on Nov. 18. Gordon initially moved to approve the
ordinance with Newbury seconding. Daly commented, "I believe we are charging
forward and not reflecting the economic environment we are living in right now." He then
urged Council to be conservative as they moved forward. "I think there is a sense this is
gong to be a very difficult winter." Daly then reminded Council capital forecasted
improvement needs exceeded anticipated revenues. Budget and Financial Reporting
Manager Kathleen Halloran said all revenue projections would be closely monitored.
Foley spoke in support of providing restrooms near Mayor's Park on West Meadow
Drive. Gordon encouraged Council to support the merit increase for employees in order
to encourage excellent customer service. Rogers said she believed the town could not
afford to cut back on human capital when more would be expected of employees.
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~ During a pause for public comment, Rick Scalpello urged Council to use caution moving
! forward as the world's economic situation was tenuous. "This is not a conservative
~ budget in the climate we are in." Foley then expressed concern that employee
compensation and benefits had rapidly increased. The motion faifed, 4-3, with Foley,
Daly and Hitt opposed. A super majority of at least five votes in favor was required for
the budget to pass. Human Resources Director John Power stated, "Our competitive
situation has deteriorated." Newbury commented, "It seems to me that we are looking for
an arbitrary number to cut." Hitt moved to table the budget until December 2, with Daly
seconding. "To operate under a state of fear is not the way to do it," Hitt said. The Town
! Manager was directed to find budget reductions in the General Fund. Rogers then
recommended looking for new revenue sources. Cleveland emphasized Council would
have ample time to make adjustments as time goes on. The motion to table the item
failed 3-4 with Foley, Daly and Hitt voting in favor. Rogers moved to approve the
budget as proposed with Newbury seconding. The ordinance passed 5-2, with Daly and
Foley opposed.
Newbury left the meeting.
The seventh item on the agenda was the Second reading of Ordinance No. 21, Series
of 2008, for prescribed regulations amendments to Section 14-10-7, Outdoor Lighting,
Vail Town Code, to allow for amendments to the outdoor lighting standards, and setting
forth details in regard thereto.
On October 7, 2008, the Town Council voted to approve, with conditions, Ordinance No.
21, Series of 2008, on first reading. Since the October 7th hearing, staff has been
revising the proposed ordinance language to address the Council's conditions of
approval and comments received from the public. During a pause for public comment,
Gwen Scalpello expressed concern over construction lighting and proposed exemption
to governmental agencies. Steve Prawdzik esquire acknowledged Council for their
interest in the issue. "I'm pleased with the way this is going." He also expressed
concern about governmental exemptions to the proposed regulations. Hitt moved to
approve the ordinance with the condition that language be added to not allow the Town
of Vail to be exempt from the lighting regulations, with Daly seconding. The motion
passed unanimously, 6-0.
The eighth item on the agenda was the Second reading of Ordinance No. 23, Series of
2008, an ordinance amending Chapter 12-22, View Corridors, Vail Town Code, pursuant
to Section 12-22-4, Adoption of View Corridors and Section 12-22-5, Amendments, Vail
Town Code, to adopt two new view corridors and amend one existing view corridor in
LionsHead.
On October 13, 2008, the PEC voted 3-0-1 (Pierce abstained) to forward a
recommendation of approval to adopt two new view corridors and amend one existing
view corridor in LionsHead, pursuant to the recommendations outlined in Chapter 4,
Recommendations-Overall Study Area, Public View Corridors, LionsHead
Redevelopment Master Plan. On October 21, 2008, Council unanimously approved the
first reading of Ordinance No. 23, Series of 2008. Rogers moved to approve the
ordinance with Hitt seconding. Foley noted a scribner's error on the agenda and staff
memorandum. The motion passed 5-1, with Foley opposed.
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The ninth item on the agenda was the Second reading of Ordinance No. 24, Series
2008. An Ordinance Approving A Holy Cross Energy Utility Easement within the Town
of Vail Open Space between Matterhorn Circle and Upper Matterhorn Circle.
Town Engineer Tom Kassmel said an existing overhead electric line used to cross the
~ middle bench of Donovan Park's open space without an easement. This year Holy
~ Cross Energy lowered this stretch of overhead line at the request and cost of a private
! homeowner. Neither the existing nor the current electric lines have had a dedicated
' easement. Holy Cross and town staff wanted to have an easement granted to
accommodate the new buried line. Daly moved to approve the ordinance with Rogers
seconding. During a pause for public comment, Suzanne Mueller stated she had been
denied the opportunity to be provided with a similar easement or access. The motion
passed unanimously, 6-0.
The tenth item on the agenda was the First Reading of Mill Levy Certification, Ordinance
No. 28, Series of 2008.
Mill Levy Assessments must be certified to the County for collection annually; this
ordinance authorizes certification. These numbers were only an estimate. Staff was
waiting for current information from Eagle County for accurate numbers. Rogers moved
to approve the ordinance with Foley seconding. Gordon clarified the meaning of an
abatement levy. Rogers then withdrew her motion as did Foley on his second. Council
agreed to reinstate the abatement levy. Cleveland moved to approve the ordinance with
Daly seconding. The motion passed 5-1, with Hitt opposed.
The eleventh item on the agenda was the Second reading of Ordinance No. 26, Series
of 2008, an ordinance rezoning a Town owned property, pursuant to Section 12-3-7,
Amendment, Vail Town Code, to allow for the rezoning of Parcel A, a re-subdivision of
Tract D, Vail Das Schone, from Commercial Core 3(CC3) District to General Use (GU)
District.
On October 27, 2008, the PEC voted 7-0-0 to forward a recommendation of approval for
a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail
Town Code On November 4, 2008, Council unanimously approved Ordinance No. 26,
Series of 2008, on first reading. Daly moved to approve the ordinance with Foley
seconding. The motion passed unanimously, 6-0.
The twelfth item on the agenda was the Second reading of Ordinance No. 27, Series of
2008, an ordinance rezoning a Town owned property, pursuant to Section 12-3-7,
Amendment, Vail Town Code, to allow for the rezoning of Parcel B, a re-subdivision of
Tract D, Vail Das Schone, from Two Family Primary/Secondary(P/S) District to Housing
(H) District.
On October 27, 2008, the PEC voted 6-1-0 (Proper opposed) to forward a
recommendation of approval for a zone district boundary amendment, pursuant to
Section 12-3-7, Amendment, Vail Town Code. On November 4, 2008, Council
unanimously approved Ordinance No. 27, Series of 2008, on first reading. Rogers
moved to approve the ordinance with Foley seconding. The motion passed
unanimously, 6-0.
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The thirteenth item on the agenda was Resolution No. 24, Series of 2008: Approval of
Vail Local Marketing DistricYs amended 2008 budget.
This supplemental request was presented earlier to the Vail Local Marketing District
(VLMD) Board and the Town Council for approval of a winter marketing effort. Town
Council is now requested to approve VLMD's amended budget. Gordon moved to
approve the resolution with Hitt seconding. Foley mentioned VLMD dollars could be
used to directly fund special events. The motion passed, unanimously, 6-0.
The fourteenth item on the agenda was Adjournment.
i Hitt moved to adjourn with Daly seconding at approximately10:47 p.m. The motion
i passed unanimously, 6-0.
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. Dick Cleveland, Mayor
Cp~~p
ATTEST:
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Lorelei Donaldson, Town Clerk
8
Vail Town Councii Meeting Mlnutes
Tussday, December 2, 2008
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approxfmately 6:00
P.M. by Mayor Dick Cleveland.
Members present: Dick Cleveland, Mayor
Mark Gordon
Farrow Hitt
Kevin Foley
Margaret Rogers
Andy Daly
Kim Newbury
Staff Members: Stan Zemler, Town Manager
, Matt Mire, Town Attomey
Pam Brandmeyer
The first item on the agenda was Citizen input.
Michael Caccippo expressed displeasure with a recent interaction with the Vail Police
Department.
Paul Rondeau spoke in support of utilizing the Town of Vail Brain Trust to formulate the
town's budget.
Local gallery owner Bill Rey expressed concern about available parking in the town (so
as to improve the local business climate).
Local gallery manager Steven DeWitt also emphasized the importance of availability of
increased shopper parking.
The second item on the agenda was a joint work session with the Town Council, PEC, and
DRB to listen to a presentation on the Ever Vail project proposal from Vail Resorts
Development Company.
Ruther explained the purpose of the presentation was to unveil the specifics of the project
proposal to the decision-makers and community. Ruther continued, "Over the last two
months, staff has given presentations to Council, PEC, and the DRB regarding roles and
responsibilities, development review process, required criteria and findings, and
recommendations of the LionsHead Redevelopment Master Plan in order to set the
groundwork for this joint work session meeting and the upcoming development review
process. As this was only a work session, staff did not provide a recommendation. Vail
Resorts representative John Gamsey explained the proposals name, EverVail was derived
from the Vail Resorts commitment to the everlasting relationship between the mountain,
community rejuvenation of the entire West LionsHead area and the continuation of the VaiF
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renaissance. Gamsey emphasized Vail Resorts will continue to work on intensifying
demand for the Vail experience. °We need to connect Vail with the next generations...This
will keep Vail ahead of the competition and economy...Time is working in our favor to
widen that gap when it comes to this product...This is not the same product we have seen
in the past." Vail Resorts Development Company (VRDC) President Keith Fernandez
provided an overview of successful VRDC projects. Vail Resorts representative Michael
Brekka then provided a project overview. Vail Resorts representative Tom Miller discussed
the sustainability component of the project. "We want to do the right thing for the whole
community... We think sustainability is what sets this project apart." PEC member Michael
Kurz asked what VRDC intended to do about the projects close proximity to a Eagle River
Water and Sanitation District (ERWSD) wastewater treatment plant. Femandez said Vail
Resorts was worlcing with ERWSD and examining several mitigation options. PEC member
Susie Tjossem asked if the VRDC intended to increase skier days. Garnsey said the
potential carrying capacity of the mountain is up to 26,000 skiers as opposed to the current
°manage to" number of 19,900. "We think the town could easily handle increased skier
visits." Rogers asked what the VRDC intended to do to mitigate the projects impact on the
town's transit system. She then clarified bicycle paths connecting the project to the rest of
the community had been planned and that public parking was a large component of the
project. °If this is public parking I want it to be real public parking." She then applauded the
group for including employee housing in the proposal. Daly asked about the demographics
of the new generation Vail Resorts wanted to attract. He then asked what would take place
at the top of the proposed gondola area. Garnsey said the fifth mountain portal was really
about spreading out existing skiers and not creating increased skier visits. Brekka
emphasized the project was intended to house amenities to create a year' round tourist
destination. Gamsey said the live music venue would make the project attract younger
people. Foley clarified there was recognition of the need for a Simba Run underpass.
Miller said, "The Tax Increment Financing (TIF) dollars we are going to generate will allow
for the project to happen...We think the right number to run the gondola is an additional
400 parlcing spaces." Hitt encouraged providing adequate skier drop-off and total mountain
connectivity. He also noted, "This whole thing might be the trigger that makes a Simba Run
underpass necessary." Cleveland remarked, "Skier drop-off is a big deal...I do have some
real concerns about parking Employee parking competes with skier parking today...We
need to have enough parlcing to alleviate our parking problem, which is the biggest black
eye this community has.° Miller responded, "Everything in the project really revolves
around circulation." Cleveland then asked if a recycling site was proposed for the project.
He then clarified the build-out of the project would be difficult to project. An estimate of five
to eight years was given. Rogers expressed concern, "1 don't see how this project is going
to have anywhere near, appropriate parking for the public." Tjossem clarifed a children's
center was not included in the proposal. Garnsey said the issue would be addressed. Vail
Mountain Chief Operating Officer Chris Jarnot said skier service space was included in the
proposaL
The third item on the agenda was the Town Manager's Report.
• Parking Update.
Public Works Director Greg Hall provided an early season parking update. He reported
that over the past weekend skier parking took place on the Frontage Road in front of
Safeway in West Vail. "We now have over 30 construction vanpools...The good news
is that they are not all parking in the parking structures That's pretty significant... Due
tc Vail Snowdaze (special events) we can expect to be on the Frontage Road next
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week...I think we have moved a good 300 cars out of the structure." Foley ciarified to
date, parlcing revenue was up as compared to next year. Daly asked for year to year
comparisons in the future.
• Chamonix Planning Update.
Ruther said a preliminary report in regard to the proposed project had been received
earlier in the day. "The numbers are coming back more favorably...We are looking at
some 'numbers that are considerably lower than they were in the past." Zemler said a
Chamonix discussion would take place at the December 16, Council Meeting.
• Revenue Update.
Foley clarified the town's sales tax collections will remain over budget even if fourth
quarter collections are ten percent lower than that collected in the fourth quarter of
2007.
• Timber Ridge RFQ Update.
Zemler said a redeveloped Timber Ridge would definitely include year round leases (as
opposed to only seasonal). In regard to an upcoming redevelopment request for
qualifications (RFQ), Zemler commented, "All respondents will respond to the same
template They will be due on the e of January." Rogers clarified the RFQ would be
sent to a plethora of potential developers.
• I-70 Fiber Optic Cable Installation.
Information Technology Director Ron Braden said the I-70 Fiber Optic Cable Installation
was very close to completion. "Work continues from mile maricer 182 to 177...We need
a few tnore days of sunshine to get four manholes in...The lateral connection to the
Public Works Administration Building is almost complete."
The fourth item on the agenda was the Consent Agenda.
a. Approval of 11.04.08 and 11.18.08 Town Council Minutes.
Foley moved to approve the minutes with minor amendments. Hitt seconded. The
motion passed unanimously, 7-0.
The fifth item on the agenda was the First reading of Ordinance No. 29, Series of 2008,
An Ordinance making supplemental appropriations to the Town of Vail General Fund,
Capital Projects Fund, Real Estate Transfer Tax Fund, and Debt Service Fund of the
2008 Budget for the Town of Vail, Colorado; and authorizing the expenditures of said
appropriations.
Hitt moved to approve the ordinance with Daly seconding. The motion passed
unanimously, 7-0.
The sixth item on the agenda was the First reading of Ordinance No. 30, Series of
2008, an Ordinance Amending Title 1, Chapter 3, Section 2 of the Vail Town Code by
the Addition of the Definition of the Word "Publication."
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w,The 2009 budget was passed on second reading on November 18, 2008. The 2009
budget contemplated the elimination of funding for ordinance publication in the local
papers. Section 4.10 of the Town Charter requires publication of ordinances upon their
introduction and adoption. The Charter does not define what is required by "publication°.
In 2007, the town spent $19,693 for publication of its ordinances in the Vail Daily,
requiring the Town Clerk to increase the office advertising budget during the third
supplemental appropriation by an additional $12,000. The Town Clerk has currently
spent $19,492 of the 2008 budget on publications of ordinances. Vail Daily Publisher
Steve Gall spoke in support of continuing to publish ordinances. Local newspaper
publisher Michael Caccioppo said the town does not have a right to change the definition
of public notice. Newbury said the measure would lead to more immediate publication of
ordinances as well as enhanced accuracy and validity. Newbury then moved to approve
the ordinance with Rogers seconding. Rogers said, "I don't have the slightest doubt that
what we are proposing to do is completely legal.° The motion passed 5-2, with Foley
and Hitt opposed.
The seventh item on the agenda was the Second reading of Ordinance No. 22, Series
of 2008, repealing and re-enacting Ordinance No. 6, Series of 2005, Vail Village Inn,
amending and re-establishing the approved development plan for Phase III of Special
Development District (SDD) Na 6, pursuant to Article 12-9A-10, Amendment
Procedures, Vail Town Code, to allow for the conversion of an existing office and retail
space to residential for an addition to fin existing dwelling unit, located at 68 Meadow
Drive/Lot O, Block 5D, Vail Village Filing 1.
Planner Nicole Peterson reported that on November 4, 2008, Council tabled the item to
the December 2, 2008, hearing and requested examples of public benefits in other
developments. On October 21, 2008, Council voted 5-2-0 to approve, with conditions,
Ordinance No. 22, Series of 2008, on first reading. On October 13, 2008, the PEC voted
2-1-1 (Kurz opposed, Pierce recused) to forward a recommendation of approval to
Council for the proposed amendments for SDD No. 6, Vail Village Inn, Phase III. Ruther
then provided a history of contemplated loading and delivery systems on the site. Daly
clarified there were three homeowner's associations within the SDD. Rogers expressed
concem that previous approvals were not completed and the issue of public benefits was
not resolved. She then insisted that if the ordinance was approved, the public benefit
would be completed prior to tMe residential conversion taking place. Daly clarified staff
did not believe the loss of commercial space was equivalent to the proposed public
improvements. Village Inn shop keeper Johnathon Staufer outlined the three
homeowner's association's boundaries. Foley clarified Digits Nail Salon (located in the
development) would not close, only be relocated. Council then attempted to clarify that
all Village Inn plaza easements guarantee all homeowner's associations must retain
public pedestrian and loading and delivery access. Daly wanted to know if the town was
a beneficiary of the proposal's easements. Newbury suggested additional public
benefits should be sought for the approval. Newbury commented, "I don't believe the
amount of fee-in-lieu is equivalent to the financial benefit the owners of the property will
be realizing...l am suggesting we pursue inclusionary zoning equivalent to 50% as
opposed to ten percent." Mire explained that Council's ability to exact additional monies
from the property owners in this situation was not codified. Ruther confirmed the original
toading and delivery improvements could not be constructed. Rogers moved to approve
the ordinance with Foley seconding. Rogers withheld her motion. Rogers then moved
to table the item with Newbury seconding. Vail Homeowner's Association represertative :
Jim Lamont spoke in favor of Council sticking to their codified inclusionary 2Cit'~
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standards. "The community expects an equal treatment approach." The motion failed, 3-
4, with Newbury, Rogers and Gordon voting in favor. Daly then moved to approve the
ordinance with Hitt seconding. The motion failed, 3-4 with Foley, Daly and Hitt voting in
favor. Cleveland commented, °I can't support the further erosion of commercial property
in town " Gordon then moved to table the item to the December 16"' meeting with Daly
seconding. The motion passed unanimously, 7-0.
The eighth item on the 8genda was the Second Reading of Mill Levy Certification,
OrdinancQ No. 28, Series 2008.
Mill Levy Assessments must be certified to the County for collection annually; this
ordinance authorizes certification. Rogers moved to approve the ordinance with
Newbury seconding. The motion passed 6-1, with Hitt opposed.
The ninth item on the agenda was Adjournment.
Newbury moved to adjoum with Foley seconding at approximately 10:04 p.m. The
motion passed unanimously, 7-0.
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S~7j1;AL r-~ , Dick Cleveland, Mayor
ATTEST: .
.@••....•0.
ORAOp
Lorelei Donaldson, Town Clerk
5
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Vail Town Council Meeting Minutes
Tuesday, December 16, 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 Cleveland.
Members present: Dick Cleveland, Mayor
Mark Gordon
Farrow Hitt
Kevin Foley
Margaret Rogers
, Andy' Daly
Not present: Kim Newbury
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attomey
Pam Brandmeyer
EVENING SESSION BRIEFS
The flrst item on the agenda was Citizen Input.
There was none.
The aecond item on the agenda was Appointments to the Commission on Special
Events (CSE) and Vail Local Marketing District Advisory Committee (VLMDAC) boards.
CSE: Members of the CSE shall serve at the will of the Town Council. The CSE shall
support the Town Council's goals and objectives and makes decisions in alignment with
the Town Council's marketing direction. The mission of the CSE is to support street
entertainment and special events for vitality, year-round fun, sense of community and
increased quality of experience for guests and residents. The functions and/or duties of
CSE shall include, but are not limited to: hiring and overseeing a director and/or staff, as
well as event producers and/or promoters; creating, funding and seeking special events
for the Town of Vail; evaluating event applications and event success; submitting an
annual budget for operations and events; coordinating the Community calendar for
special events; seeking out additional funding for special events through sponsorships
and donations; evaluating and executing contracts for special events; and all other
functions as directed by the Town Council. There were three vacancies on the CSE.
The town received thirteen applications for the vacancies. Three applicants were
incumbent members of the CSE (noted by asterisks below). The Council interviewed
each applicant at the work session:
The'applicants are as follows:
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Brooks Bock, M.D. Dan McNutt
Dave Chapin* Keith Ozda
Kyle Denton Michelle Rampelt
Danielle Gibson Heather Trub*
Ron Girotti Mia Vlaar
Ben Hohman Julie Weihaupt
Meggen Kirkham* James Wilkins
Foley moved to appoint Chapin, Kirkham and Trub to the CSE with Daly seconding. The
motion passed unanimously, 6-0.
VLMDAC: The mission of the VLMDAC is to strengthen the area economy by attracting
visitors to Vail in the May to October time frame. Per C.R.S. 29-5-111 General powers
of district. (1)(g) All applicants must be "owners of property within the boundaries of the
district," which includes by definition corporations or entities which own property "within
the boundaries of the district." Should an entity be appointed to this advisory council, it
would then be up to that entity to appoint its designee. Additionally, owners of "taxable
personal property" will be considered for appointment. The Town received six
applications for the vacancies. Four of the applicants were incumbent members of the
VLMDAC (noted by asterisks below). The Council interviewed each applicant at the
worlc session.
The applicants were as follows:
Sarah Franke
Ben Hohman
Bob Llewellyn"
Beth Slifer*
Pam Stenmark*
Adam Sutner "(Vail Resorts representative reappointment)
Council's preliminary vote resulted in a tie. Hitt then moved to revote with Rogers
seconding. The motion passed unanimously, 6-0. After re-voting Foley moved to
approve the appointment of Llewellyn, Slifer, Sutner and Vlaar to the VLMDAC with
Rogers seconding. The motion passed unanimously, 6-0.
The third item on the agenda was the Town Manager's Report.
• Federal Economic Stimulus Package Recommendations.
Zemler said he was skeptical the proposed federal program would directly benefit town
projects. "It's my speculation this (program proposal) is going to change and change a
lot.° Cleveland said, "This list is not an application for anything...This process could start
' all over again with parameters and guidelines." Zemler said he would assemble a
rational list and submit it. Lamont encouraged Council to position themselves to have
projects in a form ready to break ground.
• Ford Park Managed Parking '09 Summer Proposal.
AWstant Town Manager Pam Brandmeyer reported The 2009 Managed Parking
C61ondar Schedule for Ford Park had been compiled by the Ford Parlc User Comtnittee.
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There are currently 38 days of paid parking requested as well as one managed parlcing
date. This calendar is subject to change as more events are added to the various
schedules of the user groups at Ford Park. Council agreed it was no longer necessary to
bring the proposal before Council.
• ECO Trails Committee Names 2008 Trail Supporters.
Cleveland said the town had been honored for their continued support of ECO Trails.
The fourth item on the agenda was a Presentation of Same Store Sales reports in both
Vail Village and LionsHead during summer 2008 compared to 2007, as well as a preview
of market forces affecting travel during the 2008/2009 ski season.
Council requested a report detailing same store sales for summer 2008 compared to
2007 in the categories of restaurant, retail and lodging. Ralf Garrison of the Advisor
Group compiled the information and presented it to Council while highlighting the
following: .
- "Same Store" Report Set.
--Economic and Travel Indicators.
--Marlcet Forces.
--Transient Occupancy Study.
--Reservation Activity Outlook as of November 30, 2008.
' The fifth item on the agenda was Ordinance No. 32, Series of 2008, an emergency
ordinance amending Ordinance No. 20, Series of 2008; prescribing other details in
connection therewith; and declaring an emergency.
Budget and Financial Reporting Manager Kathleen Halloran reported the town issued
$8,760,000 of Tax-Exempt Sales Tax Revenue Refunding Bonds in 1998 to refinance
certain bonds outstanding at that time. The bonds were issued with interest rates
ranging from 4.25% to 4.5% with maturities through 2012. On September 16, 2008,
Council approved Ordinance No. 20, Series of 2008, authorizing the issuance of Sales
Tax Revenue Refunding Bonds, Series 2008 for the purpose of refinancing the
outstanding 1998A bonds at a lower interest rate with the same maturity. "Issuance of
the new bonds has been delayed due to market conditions... Conditions are presently at
a point where it is advisable to issue the bonds. Because of the delay in marketing the
bonds, however, the "redemption date" specified in the original ordinance has passed
and it is necessary to amend Ordinance No. 20 redefining the redemption date." An
emergency ordinance was requested so the bonds could be marketed immediately.
Rogers moved to approve the ordinance with Gordon seconding. Halloran noted, "Rates
are six to eight basis points from our targeted savings ($188,000).° Cleveland and Daly
asked if the town could save more money by paying the bonds off immediately. Council
agreed to direct staff to examine the benefits of paying the bonds off. Rogers stated, "I
don't feel like I have enough information to make a good decision." The motion passed
unanimously, 6-0. The sixth item on the agenda was the Second reading of Ordinance No. 29, Series of
2008, An Ordinance making supplemental appropriations to the Town of Vail General
' i Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, and Debt Service Fund of
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the 2008 Budget for the Town of Vail, Colorado; and authorizing the expenditures of said
appropriations as set forth herein.
Gordon moved to pass the ordinance with Rogers seconding. The motion passed
unanimously, 6-0.
The seventh item on the agenda was the First reading of Ordinance No. 31, Series of
2008, for prescribed regulations amendments to Section 12-13, Employee Housing, Vail
Town Code, to establish a deed-restriction exchange program.
Housing Coordinator Nina Timm stated that on June 3, 2008, Council directed the
Community Development Department to prepare amendments to the Vail Town Code to
establish an Employee Housing Unit (EHU) deed restriction exchange program. On
October 28 2008, the Vail Local Housing Authority (VLHA) held a public hearing and
reviewed and forwarded a recommendation of approval to Council for the proposed text
amendments to the Zoning Regulations. On December 8, 2008, the PEC voted 5-0-0 to
forward a recommendation of approval, pursuant to Section 12-3-7, Amendment, Vail
Town Code, for prescribed regulations amendments to Section 12-13, Employee
Housing, Vail Town Code, to provide additional regulations establishing a deed-
restriction exchange program. Rogers and Daly questioned the actual incentive value of
the ordinance and questioned the role of town financing. Mire clarified, "You could start
a new program if you warranted it necessary after you started this program." Rogers
clarified, "With this ordinance we are selling square footage back to the owners of these
properties." During a pause for public comment, VLHA member Steve Lindstrom
commented, "We are looking to further the goal of providing more housing in town, and
we feel like this is a step along the way... We can modify it... We are just recommending
this as a first step, this is a living document that can be changed." Rogers moved to
approve the ordinance (with conditions no dollars would go to property owners) with
Foley seconding. The motion passed unanimously, 6-0. Cleveland said the purpose of
the ordinance was to try to create housing immediately.
The eighth item on the agenda was the First reading of Ordinance No. 33, Series of
2008, for prescribed regulations amendments to Section 11-10-7, Open House Signs,
Vail Town Code, to allow for amendments to the open house sign regulations.
At its November 4, 2008, public hearing, Councit directed staff to prepare text
amendments to update the town's open house sign regulations. On December 8, 2008,
the PEC voted 4-0-1 (Ku2 recused) to forward a recommendation of approval, with
modifications, for prescribed regulation amendments, pursuant to Section 11-3-3,
Prescribed Regulation Amendment, Vail Town Code, to amend Section 11-7-10, Open
House Signs, Vail Town Code, to allow for changes to the open house signs regulations.
Planner Bill Gibson clarified open house signs were not allowed to be placed on the
Frontage Roads and I-70 as they were under the purview of the state and federal
govemment. Rogers clarified real estate agents were probably unaware of public right-
of-way issues. Gibson emphasized, "We want to ensure they (realtors) are in fact
advertising an open house event and not creating a defacto `for sale' sign." Daly moved
to approve the ordinance with Hitt seconding. During a pause for public comment Vail
Board of Realtors representative Matt Fitrgerald spoke in support of the ordinance. Vail
Homeowner's Association representative Jim Lamont said too many signs may create
an image that the community is losing its value. The motion passed 5-1 with Cleveland
opposed: Cleveland commented, "I think this is a solution looking for a problem.°
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Rogers left the meeting.
The ninth item on the agenda was the Second reading of Ordinance No. 22, Series of
2008, repealing and re-enaating Ordinance No. 6, Series of 2005, Vail Village Inn,
amending and re-establishing the approved development plan for Phase III of Special
Development District No. 6, pursuant to Article 12-9A-10, Amendment Procedures, Vail
Town Code, to allow for the conversion of an existing office and retail space to
residential for an addition to an existing dwelling unit, located at 68 Meadow Drive/Lot O,
Block 5D, Vail Village Filing 1.
Planner Nicole Peterson announced that on December 2, 2008, Council tabled the item
to the December 16, 2008 hearing. On November 4, 2008, Town Council tabled the item
to the December 2, 2008, hearing and requested examples of public benefits in other
developments. On October 21, 2008, Council voted 5-2-0 to approve, with conditions,
Ordinance No. 22, Series of 2008, on first reading. On October 13, 2008, the PEC voted
2-1-1 (Kurz opposed, Pierce recused) to forward a recommendation of approval to
Council for the proposed amendments for SDD No. 6, Vail Village Inn, Phase III. The
applicant's legal representative Tim Devlin said his clients had proposed to provide 375
square feet of employee housing as opposed to the required124. A lift to provide access
for the disabled and vendors was also included in the proposal. Gordon moved to
approve the ordinance with Daly seconding. Gordon commented, "I now feel there is
significant public benefit to this project." The motion passed, 4-1 with Cleveland
opposed. Cleveland commented he did not feel like the proposal was consistent with
the Vail Village Master Plan.
The tenth item on the agenda was the Second Reading of Ordinance No. 30, Series of
2008, an Ordinance Amending Title 1, Chapter 3, Section 2 of the Vail Town Code by
the Addition of the Definition of the Word "Publication."
Town Attorney Matt Mire reported the 2009 budget passed on second reading on
November 18, 2008. This 2009 budget eliminated funding for publication in the local
papers. Section 4.10 of the Town Charter requires publication of ordinances upon their
introduction and adoption. The Town Charter does not define what is required by
"publication." In 2007, the Town spent $19,693 for publication of its ordinances in the '
Vail Daily, requiring the Town Clerk to increase the office advertising budget during the
third suppfemental appropriation by an additional $12,000. The Town Clerk has
currently spent approximately $19,500 of the 2008 budget on publication of ordinances.
Daly said he believed there should be an ordinance mandating that the town's agendas
should be published in the newspaper. He then moved to approve the ordinance with
Gordon seconding. Hitt and Foley said they thought the ordinance was premature. The
motion failed 3-2, with Hitt and Foley opposed. (Four votes, or a majority of the full
Council is required to pass an ordinance on seconding reading as per Town Code.)
Gordon then moved to table the item until January 6, 2009, with Daly seconding. The
motion passed 3-2 with Foley and Hitt opposed.
The eleventh item on the agenda was an Approval of Resolution No. 27, Series of
2008Vail Economic Development Strategic Plan.
'I he Uail Economic Advisory Council (VEAC) and Town of Vail, represented by Town of
~.#*6nomic bevelopment Manager Kelli McDonald requested Council perfotm a fnal
5
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review of Resolution No. 27, Series of 2008, for the adoption of the Vail Economic
Development Strategic Plan. In order to facilitate the implementation of the adopted
vision and goals, Council requested a Vail Economic Development Strategic Plan.
Council approved the vision, mission and goals of the strategic plan on July 15, 2008.
The creation of the plan ttias been spearheaded by the Economic Development
Department and the Vail Economic Advisory Council, with the assistance of the major
contributors listed in the plan. The process to complete the Economic Development
Strategic Plan involved the following:
• An inventory of Vail economic, financial, marketing, and closely related studies, reports
and plans.
• A SWOT (Strengths, Weaknesses, Opportunities, Threats) Analysis conducted by the
Vail Economic Advisory Council,"
• Research and gathering of similar community economic development studies, plans
and tools. (Special thank you to the communities of Breckenridge, Park City and
Steamboat Springs).
• A thorough analysis of the inventory to determine the long-term implications of such
data.
• A creative interpolation of the vision and goals adopted by the community and Council,
combined with the inventory, research and analysis, to create a realistic and
achievable Economic Development Strategic Plan for the Town of Vail.
• Vision, mission and goals approved by Vail Town Council July 15, 2008.
• Adopted by Vail Economic Advisory Council November 11, 2008.
• Presented to Commission on Special Events November 18, 2008.
~ Presented to Vail Local Marketing District Advisory Council November 20, 2008.
• Presented to Planning and Environmental Commission November 24, 2008.
• Presented to Town of Vail Directors Staff December 4, 2008.
Daly said he wanted the VEAC to really become an active component of keeping Vail
competitive in the global market. During a pause for public comment, Kaye Ferry
reminded Council that a recent Northwest Colorado Council of Govemments study
showed second homeowners were the largest economic drivers in resort communities.
Daly moved to approve the resolution with Gordon seconding. McDonald reported
Council would receive their first °economic indicator" report before the end of the first
quarter in 2009. The motion passed unanimously, 5-0.
The twelfth item on the agenda was Adjournment.
Foley moved to adjoum with Hitt seconding at approximately 9:15 p.m. The motion
passed unanimously, 5-0.
oF '.f
Dick Cleveland, Mayor
ATTEST:
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Lorelei Donaldson, Town Clerk