HomeMy WebLinkAbout2007-09-18 Town Council MinutesVail Town Council Special Meeting Minutes
kw Tuesday, September 18, 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
Greg Moffet
Mark Gordon
Farrow Hitt, Mayor Pro-Tem
Kevin Foley
Kim Newbury
Kent Logan
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation.
Bill Jewitt asked Council to call for the review of a liquor license approved for the
Arrabelle at Vail Square, noting potential difficulties in communicating boundary areas to
guests. Town Attorney Matt Mire explained the issue had been discussed during the
Local Liquor Licensing Authority meeting and Council had no authority to call up the
decision. Hitt then asked if Vail Village could be licensed as a whole, similar to the
circumstances occurring during the Oktoberfest event. Mire explained a single entity
would need to be physically responsible for the licensed area.
Logan then thanked Bill Jewitt for his longtime participation on Town Council and various
town boards. Due to health reasons, Jewitt has resigned from the Planning and
Environmental Commission and will move to Florida. Jewitt then received an ovation
from the crowd.
East Vail homeowner Steve Tovoso asked Council for help resolving a party wall
agreement. Council directed staff to contact the gentlemen and offer any information
available.
The second item on the agenda was a Planning and Environmental Commission (PEC)
Board Vacancy Appointment.
There was one vacancy for the PEC and the Town Clerk's office received one letter of
interest. Council was asked to appoint one member to the PEC to complete the term
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vacated by Bill Jewitt, which ends March 31, 2009. Moffet moved to appoint Scott Proper
to the PEC with Newbury seconding. The motion passed unanimously, 7-0. Proper had
been interviewed by Council earlier in the day.
The third item on the agenda was the Town Manager's Report.
• Construction Update.
Public Works Director Greg Hall provided a town -wide construction update. 'Work on the
pedestrian trail at Katsos continues to take place ... The Vail Plaza Hotel is working on
getting a landscape easement from CDOT... Paving on the Vail Road chute should be
taking place over next few days ... There will be a three-day closure of Vail Road from
Meadow Drive over the next few days ... The Four Seasons will begin landscaping in front
of the Main Vail Roundabout in the next few weeks ... Streetscape will continue in
LionsHead... The Ritz -Carlton has finished building their Frontage Road access ... The
Cascade bike path will be closed through the first week of October... Additional paving
around the roundabouts will take place as fall progresses."
• Vail 20/20 Strategic Plan Update.
Planner Rachel Friede reported a web -site developed by Visual Strategies meant to
complement the Vail 20/20 visioning process would be too cost prohibitive to implement.
Friede said it would cost $15,000 for a one time start-up fee. It was initially estimated to
cost much less. Therefore, the town will proceed with other publication options for the
20/20 project.
The fourth item on the agenda was a Parking Policy and Rates Approval.
Public Works Director Greg Hall reported the parking policy objectives used in years
past were reviewed by the Parking Task Force. The parking plan policy objectives are:
• Service Core Markets.
• Skiers, shoppers, employees.
• Manage the yield.
• Simplify the Product.
• Design project so it is revenue neutral.
• Increase Safety.
In addition, the Parking Task Force works with the following guidelines:
• Strongly encourage the use of transit.
• Recover transit enhancements costs through parking.
• Parking cost increases will be borne by parking.
• Encourage turnover of shopper parking spaces.
• Have the rate of the shopper parking track closer to rates in the structure.
• Raise the top rate to offset continued increased cost of operation.
• Encourage carpooling.
• Pass prices reflect a relative value received based on the daily rate (ie season cost is
based on 21 week at five times per week at daily rate).
0 Strictly enforce parking violations.
The parking task force recommended the following changes to the parking policies for
the 2007-2008 season as follows:
- Rates and parking passes are proposed to adjust per the attached rate structure.
Last year the only pass with an increase was the Gold Pass. Some pass prices have
not been raised in the past five years.
- Expand the use of the "free peak period areas" in West Vail during the 17 day holiday
peak period from Friday, Saturday and Sunday to include all days during the peak period
(12/21 — 01/06).
- In recognition of significant increases in demand during the early season FOR THIS
YEAR ONLY ('07-'08), allow the North Frontage Road in West Vail "free peak period
area" to be used seven days a week up to the beginning of the holiday peak period
(12/21).
- Restrict the construction passes to the LionsHead Structure Monday through
Thursday. New for this year - Do not allow entry to Ford Park or the Soccer Field parking
area on peak days.
- Recommend an increase in the maximum parking violation from $26 to an amount
closer to twice the maximum parking rate, e.g. 2 X $18 = $36 or to mirror shopper
violations ($50).
- If the town acquires the former Wendy's property, allow pass parking in that lot.
- Enhance the shoulder of the North Frontage Road area between Wendy's and the
Chamonix bus stop by leveling and providing an asphalt milling surface.
- Consider Donovan Park for the early season only.
- Provide enhanced transit service in the early season and during peak periods for the
Wendy's lot and North Frontage Road West Vail shoulder parking.
i - Enhance the summer parking management of the structures during peak periods
ilIiw (three additional seasonal positions have been included in the '08 budget).
- This will be the last year current debit card holders can add value to cards without
reapplying and verifying pass use criteria is met. In the '08-'09 season, require
reverification of those wishing to purchase debit cards.
- Cone off 50+ spaces in the Village Structure during peak times. Release their use in
the 9:30 A.M. time period to allow for some employees/guests to have a chance at these
parking spaces.
Hitt clarified a hanging placard will still be required to park in the Ford Park lot and the
proposed reverification of debit card process will be publicly noticed. Moffet expressed
concern that construction workers (as they arrive early in the morning) will obtain prime
parking and Vail's target guest market will not be served. He then encouraged higher
parking rates during peak ski times. He also emphasized, "By reducing vehicles on
Friday and Saturday we can increase safety." Transit Manager Mike Rose stressed
parking enforcement would be enhanced in the upcoming ski season. Hitt then
encouraged enforcing length requirements on vehicles. During the citizen comment
period, Randy Guerrero asked if parking at the Roost was possible. Hall responded the
former hotel may be open again soon. Guerrero then asked who was able to purchase a
value parking pass. He then questioned recent parking increases as they appeared to
happen more frequently. Vail Village business owner Rob DeLuca said Village
businesses suffered worse from parking restrictions (as their employees required
parking during certain times). He expressed concern that a Gold parking pass ($2,100)
was the only option for business owners to provide parking for their employees. 'We
have no realistic way to park." Representing the Vail Chamber & Business Association,
Kaye Ferry joined DeLuca in asking for a pass intended to serve the local business
community. Moffet supported the idea as a pilot program. Village business owner Becky
Magoon asked for parking availability closer to village businesses as loading and
delivery was inconvenient. Moffet moved and seconded by Gordon for preliminary
adoption of the Parking Task Force recommendations with addition review by the
Council of daily parking rates and the pilot merchant pass program at an upcoming
meeting. Hall confirmed the Parking Task Force would reconvene and provide additional
recommendations prior to the 07-08 ski season. Newbury suggested creation of the pilot
merchant pass program for businesses that have no alternative parking. Foley and
Newbury expressed concern that shopper parking rates are too low. The motion passed
6-1, with Foley opposed.
The fifth item on the agenda was Resolution No. 23 Series 2007, a Resolution
Approving the Development Agreement between the Town of Vail and Open
Hospital ity/Hillwood Capital Partners, Dated as of September 6, 2007.
After nearly six months of negotiation, the town and a Texas -based development group,
Open Hospital ity/Hillwood Capital Partners, dba OHP Vail One, LLC ("OHP") have
completed a proposed Development Improvement Agreement (the "Agreement') (DIA)
for redevelopment of the LionsHead parking structure. The negotiation described above
was preceded by a year -long competitive review process which included redevelopment
proposals submitted by two developers, and resulted in the selection of OHP by the
Council. Town staff and consultants, along with representatives from OHP, held a
community meeting on September 6, 2007, to review with the public the details of the
agreement. Following the background information, Gordon clarified the town would not
be responsible for any operating deficits associated with the planned conference center.
The operation of the conference center will be the responsibility of a metropolitan district.
Representing OHP, Mark Masinter said he believed negotiations had been equitable.
He then ensured Council that OHP was requesting flexibility, only due to unforeseen
circumstances (i.e., labor shortage, terror attack, monetary crisis). When discussing
potential delays, Masinter said, "It would have to just be something horrible for the
project to stop ... We are already going to be $40-50 million into this project."
Representing the Vail Chamber & Business Association, Kaye Ferry stated, "I will always
be opposed to the sale of Town of Vail land." She then spoke in opposition to spending
additional dollars on a conference center as the community had voted against a
conference center in 2005. Town legal representative Malcolm Murray clarified any
amendments to the agreement would require formal action from the Town Council. Tom
Steinberg clarified 1,450 public parking places would be replacing the 1,150 that
currently exist. He then encouraged any private parking spaces included in the project
be available to the public when not occupied. Masinter explained that private parking
would be managed through a valet program. Steinberg then spoke of a fixed -rail system
to help defer the need for additional parking in the long term. Rick Silverman questioned
the financial responsibility of OHP with regard to the proposed conference center.
Representing Starwood Hotels & Resorts, George Boone announced both hotel brands
(W & St. Regis) were excited to be involved in the proposed development. Michael
Cacioppo questioned the ability to build a conference center for the proposed $14 million
amount. In response to another question by Cacioppo, Hitt stated Vail Resorts holds a
deed restriction on the property. Therefore, Vail Resorts now has "a say" in the
determination of the use of the property. Logan stated, `This single project is the most
important project in terms of making the most progress this town has consistently
identified as its two highest priorities, parking and employee housing." Logan
encouraged Council to move forward with the development agreement and categorically
reject the recent housing proposal from Vail Resorts. "It is my fondest hope they (Vail
Resorts) choose to work with Mark Masinter to redevelop Timber Ridge." It was then
discussed that the Temporary Certificate of Occupancy (TCO) on the Arrabelle at Vail
Square was contingent upon Vail Resorts' meeting contractual employee housing
requirements. Moffet moved to adopt Resolution No. 23, Series of 2007 with the
changes encompassed in the supplemental document provided. In addition, the motion
added additional clarification to the document and included a request by the developer to
allow one year of unilateral flexibility within the project timeline. Michael Cacioppo
questioned whether Slifer and Gordon were able to vote due to a partner/employer
relationship with Vail Resorts. Murray stated the two were eligible to vote. Bill Jewitt
asked that the agreement refer to a West LionsHead location for a third parking structure
development. Reid Weily qualified where Vail Resorts was able to provide their
employee housing (LionsHead area or area designated acceptable by the Planning
Commission). Foley reminded the audience the Ever Vail project has no town approvals.
Hitt said, "I believe this project is premature... But the agreement gives the developer a
chance to tie up some loose ends." Slifer expressed concern over the construction
disruption that would occur in LionsHead. The motion passed 6-1, with Foley opposed.
Newbury left the meeting.
The sixth item on the agenda was the First Reading of the 2008 Budget Ordinance No.
29, Series 2007.
During the afternoon work session, Council made no amendments to Ordinance 29,
series 2007 for the 2008 Budget. However, the following comments were provided:
Greg Moffet and Mark Gordon requested a presentation from Vail Valley Community TV
Channel 5 for the October 2 meeting regarding services and the franchise fee they
receive from the town. Moffet also suggested that Council be included in the review of
the Donovan Pavilion Management fee structure. Farrow Hitt asked about property tax
revenue projections and concerns about the possibility of a limit placed on taxes by the
state. Judy Camp clarified the town has legally "de-Bruced" and is not limited in
collection of property tax. She also explained the property tax revenue budget is based
on the County Assessor's assessed value, but discounted to account for taxpayer
appeals. Regarding the recent funding request for the Teva Mountain Games, the
Council supported the event, and agreed the funding request should go through the
Commission on Special Events. During the evening meeting, Kathleen Halloran
presented the General Fund with net revenue over expenditure of $96,531 and an
ending fund balance of $14.8 million (50% of revenue). Council direction is to have a
35% ratio during this period of redevelopment. Regarding Council Contributions, Farrow
Hitt inquired about getting more prevalent advertising for the Town of Vail as a sponsor
of the Birds of Prey event (produced by the Vail Valley Foundation). He also requested
confirmation of Vail Resort's matching contribution to the Vail Chamber & Business
Association for the Premier Impressions program. Halloran agreed to provide this for the
October 2 meeting, and 2nd reading of the 2008 Budget. Moffet moved to approve the
ordinance with Hitt seconding. The motion passed 5-1, Foley opposed. Foley stated he
was dissatisfied with the percentage of the budget spent on salaries and benefits.
Zemler responded, 'We ask every department to qualify every aspect of what they do."
The seventh item on the agenda was Ordinance No. 30, Series of 2007, An Ordinance
Amending Title 1, Chapter 5, Section 8, "Compensation" of the Town Code.
Moffet moved to approve the ordinance with Gordon seconding. The motion passed 5-1,
I�w with Foley opposed. Mire stated according to Town Charter, Council Members are not
to benefit from increased compensation brought about by their own vote. Subsequently,
Hitt and Gordon (both with two years remaining on their terms) are not eligible to receive
a salary increase during their current terms. Gordon and Hitt both said they supported
the vote because they wanted individuals with economic diversity on Town Council. The
ordinance increases council compensation from $500 per month to $625 per month and
retains the salary for mayor at $1,000 per month, effective January 1, 1998.
The eighth item on the agenda was the Second reading of Ordinance No. 27, Series of
2007, an ordinance amending Chapter 14-2, Definitions, Vail Town Code, to provide
definitions for terms of art, and to Chapter 14-6, Grading Standards, Vail Town Code, for
proposed changes to the grading standards.
On August 27, 2007, the PEC unanimously forwarded a recommendation of approval to
the Vail Town Council for the proposed text amendments identified in Ordinance No. 27,
Series of 2007. On September 4, 2007, the Vail Town Council unanimously voted to
approve Ordinance No. 27, Series of 2007 on first reading. Moffet moved to adopt the
ordinance with Foley seconding. The motion passed unanimously, 6-0. For details,
contact Warren Campbell at 479-2148.
The ninth item on the agenda was the Second reading of Ordinance No. 28, Series of
2007, an ordinance amending Chapter 12-21, Hazard Regulations, Vail Town Code, in
order to comply with FEMA floodplain regulations, and Title 14, Development Standards
Handbook, Vail Town Code, for clarifications to driveway and parking standards.
I�w On August 27, 2007, the PEC unanimously forwarded a recommendation of approval
with modifications to the Vail Town Council for the proposed text amendments identified
in Ordinance No. 28, Series of 2007. On September 4, 2007, the Vail Town Council
unanimously voted to approve Ordinance No. 28, Series of 2007 on first reading. Moffet
moved to approve the ordinance with Hitt seconding. The motion passed unanimously,
6-0.
The tenth item on the agenda was a request by Crossroads East One, LLC and Crossroads
West One, LLC, represented by Mauriello Planning Group, LLC, to proceed through the
development review process with a proposal to construct private improvements on the Town
of Vail owned East Meadow Drive Right -of -Way.
It is the desire of the applicant to apply for a design review application to allow for the
construction of a portion of a set of stairs to access the southwest corner of the Solaris
development adjacent to the future bus stop along this portion of East Meadow Drive. The
proposed stairs are proposed to encroach approximately three (3) feet into the right-of-way
for a distance of approximately 14 feet and one and a half (1.5) feet for a distance of
approximately 13 feet, for a total of approximately 62 square feet of improvements within the
East Meadow Drive Right -of -Way owned by the town. The applicant must first obtain Council
(i.e. property owner) approval before proceeding through the town's development review
process. Moffet moved to approve the applicant request to proceed through the
development review process. The motion passed unanimously, 6-0.
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The eleventh item on the agenda was Resolution 22, Series of 2007, a resolution to
adopt the Solaris Parking Management Plan, pursuant to the requirements of the
Crossroads Development Agreement dated March 22, 2006, and setting forth details
On March 22, 2006, Council agreed to the Crossroads Development Agreement which
addressed the many public aspects of the Solaris project. One of those aspects was the
management of the 81 excess parking spaces in the subterranean garage which are a
portion of the public benefit to offset the deviations that were approved. The Crossroads
Development Agreement required the applicant return to Council for review and approval
of the parking management plan prior to submitting for a building permit. Moffet clarified
there will public parking available at an undetermined cost. Moffet then moved to table
the resolution until October 2 with Foley seconding. Representing the applicant, Dominic
Mauriello stated, "There is incentive for the operator of the parking structure to operate
the structure at maximum capacity." Applicant representative Sharon Puczynski opened
herself up for questions from Council. Moffet told the applicant the documents provided
were more technical, and did not spell out an actual management rationale (how the
garage would actually work on a busy Saturday). Slifer and Moffet also asked for
potential parking pricing options. The motion to table passed unanimously, 6-0.
The twelfth item on the agenda was a Solaris Request for Town Council Approval of
Public Art.
AIPP Coordinator Leslie Fordham reported the Development Agreement dated 25 July
2006 required the applicant to provide at least $1.1 million in Public Art. Public Art must
be located in plain -sight where it can be enjoyed by the public. Installation of the artwork
is scheduled for the final construction phase of the project. The Solaris Metro District will
be responsible maintenance of the public art. The AIPP board reviewed the site plan,
artist's resume, narrative description of the artwork, an itemized budget, site models and
material samples. Subsequently, the AIPP Board concluded the applicant complied with
the town's requirements and recommended Council approval of the Public Art. Project
artist Lawrence Argent said he believed it was his goal to make the whole plaza a "work
of art." Moffet moved to approve the project with Logan seconding. The motion passed
unanimously, 6-0.
The thirteenth item on the agenda was Adjournment.
Moffet moved to adjourn with Hitt seconding at approximately 10:00 p.m. The motion
passed unanimously, 6-0.
ATT E S�:
C�X/L
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Rodney E. Slifer, Mayor
Lorelei Donaldson, Town Clerk
Minutes provided by Corey Swisher.
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