HomeMy WebLinkAbout2007-04-03 Town Council MinutesVail Town Council Evening Meeting Minutes
Tuesday, April 3, 2007
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately
6:00 P.M. by Mayor Rod Slifer.
Members present: Rod Slifer, Mayor
Farrow Hitt, Mayor Pro-Tem
Kent Logan
Greg Moffet
Mark Gordon
Kevin Foley
Kim Newbury
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation.
TJ Connors congratulated Council and Vail Resorts on the town and mountain's
success. He then spoke in favor of sustainability (in terms of employee housing) for all
future development endeavors. He then recommended increasing density (to allow for
more workforce housing) on the Timber Ridge site.
Wolf Mueller spoke against the town providing more subsidized employee housing.
Larry Woods spoke in support of on -site employee housing.
The second 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 had interviewed all of the applicants.
1) Appoint one applicant to the B&FCAB for a term of five years (through March 31,
2012). Hitt moved to appoint Mark Mueller with Gordon seconding. The motion passed
unanimously, 7-0.
2) Appoint three applicants to the PEC for a term of two years each (through March 31,
2009). Hitt moved to appoint Bill Jewitt, Michael Kurz and David Viele with Foley
seconding. The motion passed unanimously, 7-0.
. 3) Appoint two applicants to the DRB for a term of two years each (through March 31,
2009). Hitt moved to appoint Thomas DuBois and Brian Gillette with Foley seconding.
The motion passed unanimously, 7-0.
4) Appoint three applicants to the AIPP for a term of three years each (through March
31, 2010). Hitt moved to appoint Barbie Christopher, Pam Hopkins and Bill Rey with
Moffet seconding. The motion passed unanimously, 7-0.
The third item on the agenda was the Consent Agenda.
• Approval of 03.13.07 & 03.20.07 Minutes.
Moffet moved to approve the minutes without amendments with Newbury seconding.
The motion passed unanimously, 7-0.
The fourth item on the agenda was the Town Manager's Report.
• Update on private funding contributions for Seibert Circle.
Assistant Town Manager Pam Brandmeyer reported earlier this year, Council agreed to
extend the timeframe during which contributions from the private sector toward shortfall
funding of Seibert Circle could be collected. The total shortfall was $125,000. To this
date, contributions of $107,700 have been received and a final $20,000 checks from
Steve Virostek with the Willows. This Willows contribution will go against one of his
"conditions of approval" that he provide $70,000 for public art.
• Representing the Vail Chamber & Business Association, Richard tenBraak described a
proposed June barbeque event scheduled to be held in Vail Village. Commission on
Specials Event Coordinator (CSE) Sybill Navas explained the difference between the
former Chili -Cook Off and the proposed "Kick -Off to Summer' barbeque event. Gordon
asked why a Request for Proposals (RFP) for the event did not take place. Navas
explained event RFP's are not commonplace. He then clarified the proposed budget was
reasonable as compared to other events. Navas explained there was not much incentive
for restaurants to participate in the Chili -Cook Off.
Public Works Director Greg Hall explained that on June 17, Meadow Drive would be
available for the Vail Farmers' Market.
Foley asked if the town had planned on offering any assistance to the community of
Holly in southeast Colorado. Slifer said the tornado -ravaged town had already received
substantial assistance. Zemler offered to consult with the Colorado Municipal League
regarding requested assistance.
• Revenue Update.
Finance Director Judy Camp reported the year is off to a good start with tax collections
for February year-to-date estimated at $5.5 million, up approximately 6.6% from the
same period in 2006. February collections estimated at $2.7 will be up 7.2% from
February 2006, which was the previous high for the month. For comparison, inflation as
• measured by the consumer price index was up just 2.4% in February. Similarly, ski lift
tax collections for the year-to-date through February are up 8.4% from last year. The ski
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• season to date (November — February) is up 5.2%. Construction permit revenue, which
can be considered an indicator of redevelopment activity, is off to a good start in 2007.
Year-to-date construction permit fees of $316,109 include $217,831 from major
construction projects: the Arrabelle at Vail Square, Four Seasons, Lodge Tower,
Mountain View (formerly Apollo Park), Ritz Carlton, and Vail Plaza Hotel. This is a 67%
increase in total over the first two months of 2006, with the major projects accounting for
approximately 69% of the fees in 2007 and 67% in 2006. Construction permit fees
include building, electrical, mechanical, plumbing and sprinkler permits. Year-to-date
RETT collections through March 28, 2007, total $1.3 million compared with $1.2 million
for the same time period last year, an increase of 7.4%. Major redevelopment projects
including Gore Creek Place and Forest Place contributed $202,500 or 16% of the total in
2007 while no major redevelopment projects closed in the first quarter of 2006.
The fifth item on the agenda was The LionsHead Parking Structure Redevelopment
Update.
During an update on LionsHead parking structure redevelopment negotiations, Zemler
stated the parties had agreed that any of the town's expenses related to those
negotiations would be reimbursed by the developer. `The town will be meeting with the
project's architectural group and Open/Hillwood Partners ... The town's financial
representatives and bond counsel have also begun work." Zemler acknowledged Vail
Resorts remained abreast of the project's progress.
The sixth item on the agenda was a Vail Police Department Accreditation Presentation.
• Mayor Slifer and Rick Holman, Breckenridge Police Chief and a Northwest Colorado
Association of Chiefs of Police Board Member, presented the Vail Police Department
with the professional standards accreditation award. CIRSA provides the town with a
premium reduction as part of that accreditation. Police Chief Dwight Henninger was then
awarded the Colorado Law Enforcement Executives Certification Award. Slifer thanked
Henninger for his hard work and dedication.
The seventh item on the agenda was a Conference Center Fund Reallocation
Discussion.
Town Manager Stan Zemler asked Council to provide direction to staff regarding
potential conference center fund reallocation uses to explore in a voter opinion poll.
Town staff has been working with Public Opinion Strategies to draft a statistically
significant telephone poll to probe voter interest for various reallocation scenarios for the
Conference Center Fund. The poll would be used to assist Council in determining a
possible ballot question for the November 2007 election. It is estimated the fund will be
approximately $9 million by the fall election. The conference center taxes (a half -cent
sales tax and a 1.5 percent lodging tax) were approved by voters in 2002 and rescinded
in 2006. The funding may be redirected to an alternate use(s) with the consent of Vail's
electorate. Council was then asked to review the current list of reallocation possibilities
to be probed in the poll and to provide direction regarding adjustments or modifications:
Increasing tourism promotion, marketing and special events to draw year-round
visitors.
• . Providing greater access to workforce housing, including loans for first-time home
buyers and acquisition of homes for local workers.
• • Improving parks, trails and bike paths.
• Remodeling and improving Dobson Ice Arena so it can be used for other athletic and
community events in addition to its use as an ice skating facility.
• Increasing environmental efforts, such as energy efficiency, recycling and improving
the health of the forest by removing pine -beetle diseased trees.
• Maintaining roads.
• Remodeling public facilities, such as the library, fire station and other public buildings
• Funding the needs of the town as they arise.
The election calendar indicates the ballot question must be set no later than August 21
upon second reading of an ordinance. Moffet moved to proceed with the poll with Logan
seconding. Zemler then asked if it would be appropriate to develop a working group to
assist in reaching agreement in formation of the questions for the survey. Representing
the Vail Valley Partnership, Michael Robinson urged Council to use the funds to "attract
visitors to Vail." He then recommended the polling process be discontinued. Manager of
the Ritz -Carlton Bachelor Gulch Tom Donovan spoke in support of the Vail Valley
Partnership's recommendation. Sonnenalp Lodge owner Johannes Faessler seconded
Robinson's comments. "I find it improper to even consider spending this money on
anything other than what this money was originally intended to be used for." Montaneros
General Manager Keith Odza asked Council to support a conference center type facility.
Vail Homeowner and concerned citizen Stephen Connolly recommended Council,
"Spend this money for an attraction that will bring people to town." Mire clarified any use
of the funds would require voter approval. Lodging professional Stan Cope supported a
public/private partnership. Michael Cacciopo encouraged Council to use the money for
• its original purpose. Gordon asked for an Executive Session to discuss the ramifications
of a decision to postpone an election on the matter for another year. Local restaurant
owner Bill Jewitt questioned whether the original community desire to have a conference
center still existed as the last public referendum spoke to the opposite. Representing the
Vail Chamber and Business Association, Kaye Ferry said her constituency supported the
money being used on tourism. Local hotelier Pam Stenmark questioned the defeat of the
past conference center as it may have been for a variety of reasons and not necessarily
the "idea" of a conference center. Moffet clarified half of the taxes collected were through
sales tax as opposed to the lodging tax. Newbury supported the poll. Hitt said, `To send
it out (the question of what to do with the money) to a wish -list is the wrong thing to do ... I
think there are many reasons the conference center failed." Logan questioned Council's
responsibility to determine how to use the funds this year. He said to determine how to
use the money prior to completing the current LionsHead parking structure negations (as
the facility may contain a conference center) would be premature and foolhardy. Gordon
said he wanted to hear the opinion of the local voters. Hitt said the poll was clearly
engineered to acquire a vote in favor of using the funds for employee housing. The
motion passed 5-2, with Hitt and Logan opposed.
The eighth item on the purchase of three sculptures.
Art in Public Places Coordinator Leslie Fordham reported the Art in Public Places board
voted unanimously to purchase three sculptures that have been on loan to the town for
the past five years. All three sculptures were part of previous summer exhibitions in
Ford Park and have remained on loan to the town since then. AIPP has negotiated with
• the artists. The cost reflects a discount of up to 80% over the original asking price.
Funding comes from the AIPP budget.
4
,* Sculpture
Branching Pattern
Seat Rock
Endless Possibilities
Total expenditure
Artist Location Price
Robert Tully TRC stairs $4,200
Robert Tully Ford Park $1,500
G. Westerberg Willow Park $2,000
$7700
Moffet moved to authorize the purchases as proposed with Logan seconding. The
motion passed unanimously, 6-0. Hitt was absent from the item.
The ninth item on the agenda an appeal, pursuant to Section 12-3-3, Appeals, Vail
Town Code, of the Town of Vail Planning & Environmental Commission's decision to
uphold an administrative action determining that Condominium Unit E within the
Covered Bridge Building is the "street level" of the building, located at 227 Bridge Street
Lots C & D, and the southwesterly four feet of Lot B, Block 5-B, Vail Village First Filing,
and setting forth details in regard thereto. (PEC06-0070, 0071, 0072)
Ruther explained Council may, pursuant to Section 12-3-3, Vail Town Code, grant a
continuance to allow the parties additional time to obtain information. The continuance
shall be allowed for a period not to exceed an additional thirty (30) days. Moffet moved
to grant a continuance and table the item until May 1, 2007 with Newbury seconding.
The motion passed unanimously, 7-0.
The tenth item on the agenda was the Second Reading of Ordinance No. 10, Series of
2007, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, establishing
• Special Development District (SDD) No. 39.
Senior Planner Warren Campbell stated that on February 26, 2007, the PEC held a public
hearing on a request for a major amendment to SDD No. 39, Crossroads. The purpose of
the major amendment is to increase the maximum allowable number of dwelling units from
69 to 75 dwelling units, located at 141 and 143 Meadow Drive, and setting forth details in
regard thereto. Upon review of the request, the PEC voted 6-0-0 to forward a
recommendation of approval of the request to amend SDD No. 39, Crossroads, to the Vail
Town Council. On March 20, 2007, Council approved the first reading of Ordinance 10,
Series of 2007, by a vote of 5-2-0 (Slifer and Gordon opposed). Moffet moved to adopt the
ordinance with Hitt seconding. The motion passed 6-0. Logan was absent.
Workforce Housing Regulations
Moffet moved to approve Ordinances 7, 8, and 9, Series of 2007 along with Resolution
No. 10, Series of 2007 with Gordon seconding. The legislation was combined as they
were inclusive to providing employee housing. Town Attorney Matt Mire clarified it was
reasonable and to discuss the legislation as a package.
During public discussion, Vail Housing Authority Member Steve Lindstrom spoke in
support of employee housing and mentioned Snowmass Village was attempting to
mitigate 100% of employee generation. Representing the Vail Board of Realtors, Asher
Maslan said he believed fee -in -lieu (FIL) payments would end up being used down
valley. He then asked why real estate offices would be asked to provide more housing
• than other businesses. Maslan also asked about the potential of a dedicated employee
housing tax. Slifer clarified Beaver Creek was a metropolitan district and had more
• opportunity to increase taxes. Former Vail Mayor Bob Armour asked if FIL payments
could be used down valley. The answer was no. He then questioned the ability to build
more employee housing in town due to a lack of space. Local business managers Rob
LeVine and Matt Morgan spoke in favor of the legislation on behalf of the Vail Economic
Advisory Council. Morgan said, `This is too good of an opportunity to pass up ... You are
talking about thirty percent, I'm worried about the other seventy." Craig Forbes of Forbes
Real Estate group spoke against the legislation. Local planner Tom Braun asked for
consistency in the ordinances. Local property owner Rick Mueller spoke against the
proposed legislation and encouraged Council to look at the issue regionally.
Representing Vail Resorts Development Company Keith Fernandez asked for a program
with clarity, certainty and flexibility. Moffet explained, 'This is the first step in stopping the
bleeding as is with providing first aid." Newbury said, "I think we are making a really
important first step for this town, and I am passionate about it." Hitt spoke in support of
the legislation and clarified it was only the beginning of a learning process. Logan
thanked the audience for their participation and input and noted the compromises that
had been made along the way. He then spoke about the opportunity to provide
significant employee housing at Timber Ridge. Gordon said, 'We are setting the stage
for the ending of the down valley flight of our families ... We are changing the direction of
Vail for the better." Foley spoke in support of the legislation. Slifer stated he had
reservations about the housing requirements imposed on real estate offices and
restaurants.
The eleventh item on the agenda was Second Reading of Ordinance No. 7, Series of
2007. An ordinance amending Title 12, Zoning Regulations, Vail Town Code, by the
addition of new definitions to Section 12-2-2, and the adoption of a new Chapter 23,
• entitled Commercial Linkage.
On November 7, 2006, the Vail Town Council directed the Community Development
Department to prepare text amendments to the Zoning Regulations to adopt commercial
linkage and inclusionary zoning as tools to achieve the Town Council's stated goal of
ensuring that employee housing is available for at least 30% of the new employees
generated by new development within the Town of Vail. Moffet moved to approve the
ordinance and increased the minimum square footage per employee for a dormitory
style unit from 200 to 250 Newbury seconding. The motion passed unanimously, 7-0.
The twelfth item on the agenda was Second Reading of Ordinance No. 8, Series of
2007. An ordinance amending Title 12, Zoning Regulations, Vail Town Code, by the
addition of new definitions to Section 12-2-2, and the adoption of a new Chapter 24,
entitled Inclusionary Zoning.
On November 7, 2006, the Vail Town Council directed the Community Development
Department to prepare text amendments to the Zoning Regulations to adopt commercial
linkage and inclusionary zoning as tools to achieve the Town Council's stated goal of
ensuring that employee housing is available for at least 30% of the new employees
generated by new development within the Town of Vail. Moffet moved to approve the
ordinance and increased the minimum square footage per employee for a dormitory
style unit from 200 to 250, with Newbury seconding. The motion passed unanimously, 7-
0.
The thirteenth item on the agenda was Second Reading of Ordinance No. 9, Series of
41 2007. An ordinance repealing and re-enacting Chapter 12-13, Employee Housing, Title
12, Zoning Regulations, Vail Town Code, to allow for revisions to the employee housing
• regulations.
On November 7, 2006, Council directed the Community Development Department to
prepare text amendments to the Zoning Regulations to adopt commercial linkage and
inclusionary zoning as tools to achieve Council's stated goal of ensuring that employee
housing is available for at least 30% of the new employees generated by new
development within the Town of Vail. Moffet moved to approve the ordinance with
Newbury seconding. The motion passed unanimously, 7-0.
The fourteenth item on the agenda was a resolution establishing the "2007 Pavment Of
Fee -In -Lied' fee for the Mitigation Of Employee Housing as prescribed in Chapter 12-23,
Commercial Linkage, and Chapter 12-24, Inclusionary Zoning, Title 12, Zoning Regulations,
Vail Town Code.
On April 3, 2007, the Vail Town Council will be considering the adoption of Ordinances
No. 7 & 9, Series of 2007, establishing new regulations for commercial linkage and
inclusionary zoning. As allowed by the new regulations, a payment of fee -in -lieu option
exists for mitigating required employee housing. The purpose of this resolution is to
establish the "2007 Pavment Of Fee -In -Lieu" fee. Moffet moved to pass the resolution
with Newbury seconding. The motion passed 6-1, with Slifer opposed.
The fifteenth item on the agenda was Ordinance No 12, Series 2007, An Emergency
Ordinance Amending Ordinance No. 26, Series 2006, Extending the Time in which Town
Council may Adopt Employee Housing Regulations for Commercial and Residential
• Development and Redevelopment.
On October 17, 2006, the Town Council adopted Ordinance No. 26, Series, of 2007,
which set forth the Town Council's intention to adopt employee housing regulations by
April 15, 2007. In reliance on the "Pending Ordinance Doctrine," Ordinance No. 26,
2007 further required any development or redevelopment applications filed after October
17, 2006, to comply with the newly adopted housing regulations, if any. Ordinance No
12, Series 2007, was needed only if Council found and determined additional time was
necessary to study employee housing options before adopting new employee housing
regulations. The ordinance died for lack of a motion.
The sixteenth item on the agenda was Resolution No. 8, Series 2007, A Resolution
Approving the First Amendment to the Consolidated Service Plan for Solaris
Metropolitan District No. 1, Solaris Metropolitan District No. 2, and Solaris Metropolitan
District No. 3.
On September 19, 2006 the Town Council approved the Consolidated Service Plan for
Solaris Metropolitan District No. 1, Solaris Metropolitan District No. 2, and Solaris
Metropolitan District No. 3. The primary purpose of the metropolitan districts is to finance
the public improvements associated with the "Solaris" redevelopment project. The
formation of the districts was contemplated in the Development Agreement between the
Town of Vail and Crossroads for the above -referenced project. The Consolidated
Service Flan for the proposed districts details the purpose, intent and operation of the
proposed districts. Because of the cost of the public improvements and the value of the
• underlying property, it is necessary to amend the Consolidated Service Plan to increase
the debt cap from $20 million to $40 million. Moffet moved to adopt the resolution with
Newbury seconding. The motion passed unanimously, 7-0.
The seventeenth item on the agenda was Resolution No. 9, Series 2007, a Resolution
Approving an Intergovernmental Agreement between the Town of Vail, a municipal
corporation of the State of Colorado ("Town"), and Solaris Metropolitan District No. 1,
Solaris Metropolitan District No. 2, and Solaris Metropolitan District No. 3, quasi -
municipal corporations and political subdivisions of the State of Colorado (the "Districts")
Mire explained the Districts were organized to provide those services and to exercise
powers as are more specifically set forth in the Districts' Service Plan, approved by the
Town on September 19, 2006 ("Service Plan"), as amended. The Service Plan requires
the execution of an intergovernmental agreement between the Town and the Districts
(the "IGA"). The IGA governs the relationship between the Town and the Districts and
establishes certain requirements concerning the Districts' ability to levy taxes and issue
debt. The Town and the Districts have determined it to be in the best interests of their
respective taxpayers, residents and property owners to enter into the Intergovernmental
Agreement ("Agreement"). Moffet moved to pass the ordinance with Hitt seconding.
The motion passed unanimously, 7-0. District representative Reid Weily said demolition
would begin May 1.
The eighteenth item on the agenda was Adjournment.
Moffet moved to adjourn with Hitt seconding at approximately 9:15 p.m. The motion
passed unanimously, 7-0.
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AT ES
relei Donaldson, Town Clerk
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: y
ORodney E. Slifer, Mayor
• 7 •