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HomeMy WebLinkAbout2007-11-06 Town Council MinutesVail Town Council Evening Meeting Minutes Tuesday, November 6, 2007 kw 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 Kent Logan Mark Gordon Farrow Hitt, Mayor Pro-Tem Kevin Foley Kim Newbury Greg Moffet Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Bill Jewitt Remembrance. Mayor Slifer opened the meeting and asked for a moment of silence to honor the kpassing of former Councilman Bill Jewitt. The first item on the agenda was Citizen Participation. Town Manager Stan Zemler presented the outgoing council members with a memento in appreciation of their service. Logan thanked staff for their efforts and diligent work in moving the town in a positive direction. Slifer stated, "It's been a pleasure." Tom Steinberg then thanked Slifer for his work as Mayor. Slifer then received a standing ovation from those in attendance. Vail Chamber and Business Association Executive Director Kaye Ferry announced that on November 29, from 5:00 to 6:30 p.m. in the Vail Town Council Chambers, an open house will be held with the Colorado Department of Transportation to discuss community preferences regarding the next phase of the 1-70 repaving work through Vail. The focus of the meeting will be to discuss the pros and cons of different paving methods; night versus day versus after Labor Day work, etc. CDOT has indicated it will follow the recommendations derived from this meeting. The second item on the agenda was the Consent Agenda. Approval of October 2, 16 & 30 Meeting Minutes. M Moffet moved to approve the consent agenda with Foley seconding. The motion passed unanimously, 7-0. The third item on the agenda was the Town Manager's Report. Revenue Update. Finance Director Judy Camp reported sales tax collections for the month of September are expected to be $905,132, up 8.7% from September, 2006. Year-to-date collections of $14.6 million through September continue to exceed last year's year-to-date by 6.8%. For comparison, inflation as measured by the consumer price index was up 2.8% in September 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 $2.4 million, up 43% from the same period last year. Year-to-date permit fees include $1.8 million from major construction projects: 9 Vail Road, the Arrabelle at Vail Square, Cascade, Forest Place, Four Seasons, Front Door, Lodge at LionsHead, Manor Vail, Mountain View (formerly Apollo Park), Ritz Carlton, Solaris, Vail Plaza Hotel, Westhaven Condominiums, and the Willows. Construction permit fees include building, electrical, mechanical, plumbing and sprinkler permits. Year-to-date Real Estate Transfer Tax (RETT) collections through October 31, 2007, total $4.7 million compared with $4.3 million for the same time period last year, an increase of close to ten percent. Major redevelopment projects including Forest Place, Gore Creek Place, Manor Vail and One Willow Bridge Road contributed $835,726 or 18% of the total in 2007 while only $464,500 or 11% of the total in 2006 consisted of major redevelopment projects. • Construction Update. Public Works Director Greg Hall reported, "Solaris continues storm sewer work ... Work on the Seibert Circle fountain is ongoing... Beaver Dam road is almost complete... Arrabelle at Vail Square is continuing to put down heated pavers in the mall ...Loading and delivery (new schedule and use of service bays) will be under town rules when ski season begins." The fourth item on the agenda was a CenturyTel Update on Vail W i-Fi. Recent upgrades include: 1. Upgrade of the nodes over the summer has resulted in a 31 % increase in coverage. 2. CPE (Customer Premise Equipment) product has been deployed (sold at Market Computers or on-line purchase) which has allowed many users to connect who previously were out of range of the nodes. The deployment of an Outdoor CPE unit within the next month will further the range. 3. Direct mail piece is going out this week with a coupon to reduce the CPE cost by $50 with a one year subscription purchase. 4. Eleven new nodes are in the design process that will be deployed in areas where CenturyTel has had the most customer calls and requests for service. 5. New pricing plan was put in place during the summer lowering the monthly rate to $25 for those subscribing for one year or $29.95 for those buying the service month - to -month. 6. Deployment of this technology has allowed CenturyTel to partner with Eagle County Schools and TV8 to grow solutions for their businesses. Ron Braden, the town's director of information technology, introduced CenturyTel Business Sales Manager Eric Zimmer. Zimmer noted the recent improvements to the wireless system as noted above. He said the improvements have increased the system's coverage which currently stands at about 90 to 95 percent outdoors and approximately 60 percent indoors. In an attempt to meet revenue requirements for the network and to ensure its future sustainability, Braden and Zimmer presented a request to modify the free Wi-Fi service model to increase the subscriber base for the network. The recommendation would eliminate free one hour Wi-Fi service to outlying neighborhoods and hotel properties, while retaining the free service in public buildings and other public spaces. He also explained the company had arranged for installation of CPE devices that would improve access to the broadband wireless service. "This is all in an effort to make the network more user friendly and a better customer experience...We are providing our customers reliable wireless service for $25 a month with a year -long commitment... This was a very aggressive pricing move on our part ... We are trying to create a profitable network," Zimmer said. Gordon clarified the speed of the service is comparable to DSL service or that purchased through focal cable carrier Comcast. Moffet expressed concern the proposal would eliminate the one hour of free residential service currently provided. Zimmer said he hoped to change the pricing structure as CenturyTel had invested $500,000 more on the network than originally anticipated. Council did not agree to amend the current contract. Therefore, the free service arrangement will continue. The fifth item on the agenda was Memorandum of Understanding (MOU) between the Town of Vail and the Vail Recreation District (VRD). Town Attorney Matt Mire asked Council to discuss and/or ask questions concerning the proposed MOU with the Recreation Task Force, consisting of VRD board members Michelle Hall and Joe Hanlon; Town Councilmen Mark Gordon and Greg Moffet; and members of staff from both organizations. The task force has been working over the last two years to cooperatively address issues related to town -owned, VRD-managed facilities. The Memorandum of Understanding was intended to memorialize the agreements and intentions of the parties. It provides a basis for future deliberations and negotiation of leases. Moffet clarified the VRD had approved the MOU. "Both parties are moving forward in all good faith." Moffet moved to approve the MOU with Gordon seconding. `This is really gratifying and overdue." Slifer asked if parking at Ford Park was still an option. Zemler clarified, "We can not bind future Council's to financial commitments." VRD Executive Director Mike Ortiz clarified the locations of proposed improvements. Gordon said, "Here we finally have something that is concrete... This is the direction we want to move ahead." During a pause for public comment, Stephen Connolly commended the VRD Board and Council for their collaboration. He did have concern over the potential uses of Dobson Ice Arena listed in a conceptual lease. "If we use this, we might as well just melt the ice now." Mire explained the attached lease was in a conceptual form. "We have expressly asked that Council not go into the purviews of the lease ... We didn't want to get into the lease because it is an incomplete document at this time ... This (MOU) was only meant to be a bridge from this Council to the next Council ... We are not here to debate those terms." 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 approval of an administrative approval, for a change to approved plans, pursuant to Chapter 12-11, Design Review, Vail Town Code, to allow for a change to the configuration of retaining walls associated with driveway access, pursuant to Section 14-6-7, Retaining Walls, Vail Town Code, located at 1772, 1778, and 1788 Alpine Drive/Lots, 10, 11, and 12, Vail Village West Filing 1. Warren Campbell informed Council that they could uphold, overturn, or modify the Town of Vail DRB approval of an administrative approval, of the change to approved plans application pursuant to Section 12-3-3, Appeals, Vail Town Code. On October 3, 2007, the DRB upheld an administrative approval of a change to approved plans application to change the configuration of retaining walls associated with driveway access, for the new residences being constructed at 1772, 1778, and 1788 Alpine Drive. Council "called -up" the DRB approval of an administrative approval due to concerns about the compliance of the retaining walls with applicable Town of Vail Zoning Code provisions. Campbell clarified there was a portion of retaining wall sitting on the property line and did not meet the required 2-foot setback. Moffet moved to uphold with a condition the DRB approval with Foley seconding. Hitt expressed concern that the structure was not harmonious with the surrounding neighborhood. "I believe with more landscaping that this retaining wall can be softened ... I think we need to readdress our DRB process ... The retaining wall just doesn't look like it fits." Gordon and Newbury said the next Council needs to readdress steep slope requirements. "Due to a personal interest in the site, Hitt recused himself from the item. The motion passed unanimously, 6-0. The seventh item on the agenda was a Teva Mountain Games Funding Request. Special Events Coordinator Sybil Navas explained that in August of this year, Untraditional Marketing (UM) was informed by USA Climbing that the Climbing Wall World Cup had been awarded to Vail. Originally, UM was going to ask the Commission on Special Events (CSE) for '08 cash funding of $110,000 ($90,000 was awarded in 2007). Due to this additional award of the World Cup, UM requested another $50,000, bringing the overall cash funding between the CSE and Council contributions to $160,000, with in -kind of $9,500. The event proposal has now been seen and endorsed by the CSE, with a recommendation Council provide the additional $50,000 in funding for the '08 Climbing Wall World Cup. At this time, the CSE average contribution toward the TEVA Mountain Games is $95,000, which final action will be taken at their next regular meeting on November 27. When this was presented to Council in September, Council asked to have a thorough review of the merit of the Climbing Wall World Cup, and if needed, return to Council for '08 funding of this specific event. The CSE listened to the full funding request of $160,000 on October 23, but with over $1.3 million in special events requests, felt they did not have the funds available to support this additional event. Staff recommended funding up to $50,000 from Council contributions specific to the '08 USA Climbing Wall World Cup. Staff will continue to work with both the CSE and the Vail Recreation District (VRD) to establish a permanent climbing wall location, a requirement of a multiple year award of this event. Moffet moved to adopt the staff recommendation with Newbury seconding. Zemler clarified Council would have the ability to call up any CSE recommendation. The motion passed 6-1, Foley opposed. Hitt clarified a permanent location for a climbing was being explored. Foley said he believed the Vail Local Marketing District needed to directly fund more special events. The eighth item on the agenda was a Vail Resorts Housing Obligation Discussion 4 Due to a predetermined conflict of interest (Vail Resorts affiliation) Gordon and Slifer krecused themselves and left the Council Chambers. Moffet moved to table the item to an undetermined date with Foley seconding. The motion passed unanimously, 5-0. Vail Resorts CEO Rob Katz thanked Council for their diligent efforts in the past. The ninth item on the agenda was an Open/Hillwood Proposal for the Redevelopment of Timber Ridge. Representing Open/Hillwood Partners, Mark Masinter discussed four proposed financing options to redevelop the Timber Ridge affordable housing parcel. In response to a question regarding the use of reservation fees in two of the options, Masinter responded, "Our comfort in reservation fees has come from speaking with several employers in town and it makes us feel that what we are proposing is fair ... Without paying a reservation fee, the rents will be higher." Moffet clarified with Masinter that one option includes $10 million of town -issued bonds supported by Tax Increment Financing (TIF) to finance the project. Finance Director Judy Camp estimated Timber Ridge could generate sufficient TIF revenue to issue approximately $4 to $6 million dollars of bonds, depending upon final configuration of a redevelopment project. Masinter then explained the Eagle River Water and Sanitation District may be requested to waive tap fees associated with the project. Masinter continued by explaining the town could also maintain a financial stake in the project. He then confirmed with Council that Open/Hillwood is ready to pull the trigger on the project. Referring to option 1, Logan stated, `There is a capital gap that has to bridged in some shape or fashion... Are you willing to commit without any assurance that you can sell 116 market -rate units?" Masinter said, "We are comfortable that we can ... If you allow me to do any of these options we are ready to go ... We realize we have to commit to this now." Logan clarified if the town became a partner in any of kw the proposals the town would have to refinance the property. Moffet and Newbury said the proposed rents were appropriate as compared to the current free market. Vail Resorts CEO Rob Katz said, 'We are fully prepared to buy our beds in this project ... We have been waiting for clear direction from Council .... We are certainly willing to push forward on this." Representing the Solaris development, Reid Weilly asked why other developers did not have the opportunity to participate in the redevelopment of Timber Ridge. Mire clarified there was not a current request for proposal process for Timber Ridge. Gordon commented, "I would not agree to a proposal that only benefited one or two businesses in town." Michael Cacioppo asked for a clarification regarding the Vail Resorts housing obligation. Logan said Katz's comments were helpful and useful. `The successful redevelopment will require a partnership." The tenth item on the agenda was the second reading of Ordinance No. 23, Series 2007. An Ordinance Deleting Section 5-1-5, Vail Town Code, Regarding Abatement of the Mountain Pine Beetle; Amending Title 5 Vail Town Code with the Addition of Chapter 10 "Abatement of the Mountain Pine Beetle and Wildfire Fuels Reduction. Within the State of Colorado and within the town there exists a growing mountain pine beetle epidemic. The presence of the mountain pine beetle and beetle infested trees within the town presents a real and substantial risk to the public health, safety and welfare, including the increased risk of rapidly spreading fire. In addition, the presence of dead or substantially dead trees, regardless of the cause, also presents the increased risk and danger of rapidly spreading fire as described above. As such, certain text amendments are necessary to the Vail Town Code, as they relate to the abatement of the mountain pine beetle, dead or substantially dead trees and other fire fuels to protect the health, safety and welfare of the town and its inhabitants. Moffet moved to approve t the ordinance with Gordon seconding. Foley and Slifer thanked staff for their successful kW efforts. The motion passed unanimously 7-0. The ordinance requires removal of beetle infested and dead trees, or an acceptable plan for the removal of the trees to be submitted, when the trees are determined to be a wildfire fuel hazard by the town within 30 days of notification. Trees not removed within 30 days may be removed by the town with twice the costs charged back to the property owner. The eleventh item on the agenda was the second reading of Ordinance No. 31, Series of 2007, an ordinance approving a major amendment to Special Development District (SDD) No. 4, Vail Cascade, pursuant to Article 12-9A, SDD, Vail Town Code, to allow for an increase in the number of dwelling units, located at 1310 Westhaven Drive/Vail Cascade Subdivision. Planner Scot Hunn explained that on September 24, 2007, the PEC held a public hearing on a request for a major amendment to SDD No. 4, Vail Cascade, pursuant to Article 12-9A, SDD, Vail Town Code, to allow for an increase in the number of dwelling units, located at 1310 Westhaven Drive/Vail Cascade Subdivision, and setting forth details in regard thereto. (PEC07-0058). Specifically, the Applicant proposes to increase the number of dwelling units from eleven (11) to fourteen (14) within the "CMC" building, with no increase to Gross Residential Floor Area (GRFA). Upon review of the request, the PEC voted 6-0-0 to forward a recommendation of approval, with condition, of the request to amend Special Development District No. 4, Vail Cascade, to the Vail Town Council. On October 16, 2007, the Council voted 5-1-0 to approve Ordinance No. 31, Series 2007, on first reading. Moffet moved to approve the ordinance with Newbury seconding. The motion passed 6-1 with Foley opposed. Foley said he believed the project should have employee housing requirements associated with it. The twelfth item on the agenda was the resolution No. 27, Series of 2007, a resolution to adopt the Vail 20/20 Strategic Action Plan. Planner Rachel Friede provided an overview of the Vail 20/20 process that started in early 2006 and included numerous opportunities for community participation that resulted in updated community values and vision statements, as well as a strategic action plan that takes steps to move closer to a common vision for Vail. On August 7, 2007, staff returned to the Council with a draft of the Vail 20/20 Strategic Action Plan. At that time Council provided input and authorized staff to hold an open house where members of the community could provide additional input. The open house was held on August 16, 2007 at Donovan Pavilion, and allowed members of the public to interact with staff and provide final comments on the goals, actions and strategies in the plan. Staff also distributed the drafts to the public and took input via the web, email and phone. The latest draft of Vail 20/20 Strategic Action Plan reflects the input of the public, staff and other stakeholders. Zemler explained the plan was built around goals and actionable strategies. It was noted the plan can be modified in the future by passing a resolution. Hitt asked if the plan could be less specific. Gordon expressed interest in modifying the plan to encourage growth in the diversity of residents in the community. Friede reported environmental sustainability was noted as most important by the community. In reviewing the housing section, Hitt expressed concern about a recommended action to "evaluate employee housing options on the Middle Bench of Donovan Park, recognizing the dual community interest in maintaining the property as a park." Council members agreed to remove the provision. Michael Cacioppo said the Middle Bench was intended kw to be open space when it was originally purchased. Gordon commented, "This was a pretty amazing process ... We got a large population of Vail to participate in this." Gordon moved to approve the resolution with Logan seconding. The motion passed unanimously, 7-0. Hitt and Logan then complimented Friede for her efforts on the project. n The thirteenth item on the agenda was Adjournment. Moffet moved to adjourn with Newbury seconding. The motion passed unanimously, 7-0. ATTEST - a - kbV&^ Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. 9-,k-4 Rod Slifer, Mayor •Q