HomeMy WebLinkAbout2007-12-11 Town Council MinutesVail Town Council Special Meeting Minutes
Tuesday, December 11, 2007
2:00 P.M.
Vail Town Council Chambers
The special meeting of the Vail Town Council was called to order at approximately
2:00 P.M. by Mayor Dick Cleveland.
Members present: Dick Cleveland, Mayor
Andy Daly
Kevin Foley
Kim Newbury
Margaret Rogers
Not Present: Farrow Hitt
Mark Gordon.
Staff Members: Stan Zemler, Town Manager
Pam Brandmeyer, Assistant Town Manager
Matt Mire, Town Attorney
The first item on the agenda was an Executive Session, pursuant to 1) C.R.S. §24-6-
402(4)(a)(b)(e) - to discuss the purchase, acquisition, lease, transfer, or sale of property
interests; to receive legal advice on specific legal questions; and to determine positions,
develop a strategy and instruct negotiators, Re: Satisfaction of Vail Resorts
Development Company housing obligation.
Newbury moved to adjourn to Executive Session with Rogers seconding. The motion
passed 4-1, with Foley opposed. No decisions were made.
The second item on the agenda was a proposed amendment to the Core Site
Development Agreement as it relates to the employee housing obligation.
Council was asked to consider a proposed amendment to the core site development
(Arrabelle at Vail Square) agreement as it relates to employee housing requirements.
Vail Resorts Chief Executive Officer Rob Katz stated, "Vail Resorts and the Town of Vail
are in alignment around the goals to increase the amount of employee housing in the
Town of Vail ... The commitments we made are ones we will keep and honor and we are
not looking away from that ... The only issue that I would want to raise is in regard to
location." He then raised concerns about potential appeals and litigation from residents
(surrounding the North Day Lot) which would be out the hands of Vail Resorts. "Our
letter of credit would need to remain outstanding until any litigation would be decided."
Katz then confirmed Council was not interested in pursuing a Timber Ridge project in
relation to Vail Resorts fulfilling their employee housing requirements for the Arrabelle at
Square. Newbury said, "No one on Council said it was Vail Resorts responsibility to
redevelop Timber Ridge." Daly commented, "It is likely we will step back and do a
master plan on Timber Ridge that reflects the long term housing needs of the
community." While discussing locating employee housing on the North Day Lot Katz
noted, "Approval in LionsHead will be difficult and lengthy to address." He then
announced there was a potential opportunity to place employee housing on the parcel
referred to as Solar Vail in conjunction with an existing project. Without running into
neighbor or lots of other potential conflicts. 'Why should we be tied down to one of the
complex and divisive locations in Vail," Katz continued. Newbury suggested Vail
Resorts consider submitting a proposal for the North Day Lot that complies with zoning
and not request excessive variances that would motivate angst from adjacent property
owner. "Use by right makes it much more difficult for the neighbors litigate. Ruther
clarified employee housing was a use by right on North Day Lot parcel. "As is transit as
it is noted in the LionsHead Master Plan." Newbury clarified the original core site
development agreement contemplated all of the housing lost due to redevelopment
would be replaced. Foley said he full supported the housing being located in LionsHead.
Katz exclaimed, "I'm disappointed in this direction... Its something the community doesn't
want, and we'll be in the middle of this battle." During a pause for public comment,
Steve Maroney said they (Vail Resorts) had not offered any viable alternative locations
for the employee housing to be located. Rogers clarified the amendment to the
development improvement agreement would be binding to any successor to Vail Resort
(In the event the corporation would be acquired by another). Tom Neyens spoke in favor
of generating more beds. We should have had housing right now as per the original
agreement... The whole idea is getting beds as soon as possible... Take your time. We'll
(LionsHead business operators) survive if the Arrabelle doesn't open. Kaye Ferry said
employee housing is an essential thing to do and it needs to happen in the Town of Vail.
"I don't know if the best use of land is in the core of LionsHead... Which ever option gets
us there faster is what we are looking for ... We can't just wait another four or five years to
get something done." Former Vail Mayor Bob Armour clarified, "If we follow existing
zoning we do not have to fear litigation on the North Day Lot." Cleveland concluded the
discussion by explaining Council was open to taking any application and reviewing it
fairly. Katz asked if Vail Resorts could approach the Council with conceptual ideas prior
to bringing a proposal to the PEC. Council agreed it would be appropriate; however
recommendations on matters of bulk, mass, density would be required from the PEC.
Daly moved to approve Resolution 29, Series of 2007 with Rogers seconding. The
motion passed, 4-1, with Foley opposed. Resolution #29 formalizes a set of conditions:
• Vail Associates will post an irrevocable letter of credit (LOC) in the amount of
$17,345,789, in a form satisfactory to the town. Upon posting of the LOC the Core
Employee Housing Requirements will no longer act as a roadblock to the issuance of
a temporary certificate of occupancy for the Arrabelle Project.
Vail Associates will submit to the town, by February 25, 2008, a complete
development review application for a project or projects in town, which include at
least 120 newly constructed employee housing beds to comply with the Core
Employee Housing Requirements.
• Vail Associates or a third party obtain approval of a development review application
for the North Day Lot or alternate site by November 5, 2008 and the town will work in
good faith to provide any approvals by such date for a timely filed application, all in
accordance with the review standards.
2
Vail Associates or a third party developer will obtain a building permit for the
construction of the North Day Lot or alternative project and shall begin construction
of a North Day Lot or an alternative project no later than May 1, 2009.
A "breach" or default' by Vail Associates under this agreement is: (a) the failure of
Vail Associates no later than November 5, 2008, to obtain from the town a complete
development review approval for the North Day Lot or alternative Project; (b) the
failure of Vail Associates, by no later than November 5, 2008, to obtain from the
Colorado Department of Transportation (CDOT), if necessary, all necessary
approvals by CDOT for the North Day Lot or alternative project; (c) the failure of Vail
Associates to obtain a building permit for the construction of the North Day Lot or
alternative project and shall begin construction of the North Day Lot or alternative
project on or before May 1, 2009 (unless this date is extended) or (d) any failure by
Vail Associates to actively pursue construction of the North Day Lot and/or
alternative project pursuant to a building permit for the construction of the North Day
lot or alternative project once construction has commenced.
The formal documents have yet to be finalized.
--Adjournment.
Newbury moved to adjourn with Foley seconding. The motion passed unanimously, 5-0.
r-4m
Dick Cleveland, Mayor
ATTEST:
r
/Lorelei Donaldson,
Town Clerk
Minutes provided by Corey Swisher.