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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 2 • 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. • AT ES relei Donaldson, Town Clerk 0 : y ORodney E. Slifer, Mayor • 7 •