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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 3R 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. NJ 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 L Rodney E. Slifer, Mayor Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. Im a