HomeMy WebLinkAbout2007-03-13 Town Council MinutesVail Town Council Evening Meeting Minutes
. Tuesday, March 13, 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.
Sheika Gramshammer asked Council to reconsider the town's amplified sound
• ordinance. Amplified sound is not allowed above 60 decibels after 10 p.m. She said
entertainment on her outside deck is in great demand and she is not able to comply with
the town's present ordinance.
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The second item on the agenda was the Town Manager's Report.
• Revenue Update
Finance Director Judy Camp reported the year is off to a good start with January tax
collections estimated at $2.8 million, up approximately 7% from January 2006, which
was the previous high for the month. For comparison, inflation as measured by the
consumer price index was up just 2.1 %. Similarly, January ski lift tax collections were up
14.6% from last year. The ski season (November — January) is up 6.5%. 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 $232,219 include
$161,946 from two major construction projects, the Arrabelle at Vail Square and
Mountain View (formerly Apollo Park). This is an 88% increase in total over the first two
months of 2006, with the major projects accounting for approximately 70% of the fees in
both years. Construction permit fees include building, electrical, mechanical, plumbing
and sprinkler permits. Year-to-date RETT collections through February 2007 total
$961,224 compared with $728,938 for the same time period last year, an increase of
32%. Major redevelopment projects including Gore Creek Place and Forest Place
contributed $272,500 or 28% of the total in 2007 while no major redevelopment projects
closed in January or February of 2006.
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• Notification Process for Wildlife -Resistant Containers Effective April 15.
is Community Information Officer Suzanne Silverthorn announced Vail residents who
switch to wildlife -resistant trash containers before an April 15 mandatory implementation
date will be eligible to take part in a drawing for a refund from the town. The $150
incentive is included in an awareness campaign to assist residents and local trash
haulers with the upcoming transition. Code enforcement officers are beginning to remind
residents about the requirement by hanging friendly notices on containers that will soon
be in violation of the town's Wildlife Protection Ordinance. While approved by the Vail
Town Council last October, the ordinance establishes an approaching April 15
implementation date for wildlife -resistant containers to be used by all residential trash
customers. In addition, ail commercial and multi -dwelling trash customers must have
wildlife -proof containers by April 15; otherwise a wildlife -resistant enclosure must be
constructed by August 1, 2007. The new ordinance aims to protect Vail's neighborhoods
by making garbage less accessible to bears and other wildlife. In addition to the new
containers, the regulations prohibit placing trash outside for pick up other than from 6
a.m. to 7 p.m. on the scheduled trash collection day. Also, trash bags with food refuse
outside of authorized trash containers are prohibited.
The third item on the agenda was a West LionsHead "Green" Development Update.
Vail Resorts CEO Rob Katz said his company was attempting to open a door to the
future with their newest development in West LionsHead. 'Whatever we do, it has to be
an enduring promise to the environment and to our guests ... It must be perfectly aligned
with all of our constituents, including our shareholders." Called Ever Vail, the project will
• be the largest Leadership in Energy and Environmental Design (LEED) certified resort
project in North America. Condos, timeshares, a hotel, a gondola, a parking garage,
stores and restaurants are planned for the $1 billion project. Katz then emphasized,
"Ever Vail will be a collaboration with the Town of Vail and the Vail Valley." Hitt thanked
Katz for sharing his vision. During a pause for public comment, Sue Rychel asked if the
wastewater treatment facility would remain in its present location. Katz said possible
relocation of the site had been discussed.
The fourth item on the agenda was the Consent Agenda.
Minutes from February 6 and February 20, 2007.
Moffet moved to approve the minutes without amendments with Foley seconding. The
motion passed unanimously, 7-0.
The fifth item on the agenda was a Presentation of appreciation awards to the Town of
Vail and Vail Fire Department.
Maribeth Gustafson, Forest Supervisor for the White River National Forest,
complimented the Town of Vail for its Forest Health projects. She then presented the
Mayor with a certificate of appreciation and personally thanked Fire Technician John
Talbot, Environmental Protection Officer Bill Carlson, Fire Chief John Gulick and former
Community Development Director Russ Forrest.
• The sixth item on the agenda was a report on the Wildfire Mitigation, Response and
Evacuation plans for 2007.
Phil Bowden of the U.S. Forest Service presented a brief overview of the potential
• wildfire behavior in the Vail area and discussed planned mitigation efforts for this year
and the next four summers. Bowden outlined the phases of the forest beginning with the
current red phase; then 2022, known as the gray phase; and 2057, known as the out -
years. Through a fire simulation program, Bowden modeled a fire that would begin in
Dowd Junction and move toward Donovan Park and Eagle's Nest. Bowden was able to
show the difference of how fast the fire would move and spread in 2002, 2007, 2022 and
2057, with 2057 being the most devastating. Bowden also reviewed upcoming wildfire
management, preparedness and fuels reduction projects including projects taking place
on 10 acres of town -owned land and 170 acres of forest service land this year. Fire Chief
John Gulick presented response plans for wildland fires by the Vail Fire Department and
with mutual aid from other local fire agencies. Currently, the Vail Fire Department has
the ability to respond to a fire on first call with one engine and three personnel. The first
engine on site would evaluate the situation, which would then include calling for another
engine and three personnel from the Vail Fire Department. If more help is needed, a call
would be made for mutual aid to include Minturn, Eagle -Vail and Avon's fire response
teams. Depending on the size of a wildfire or structure fire, the Vail Fire Department's
mutual aid agreements can bring in up to seven engines (three or more personnel in
each engine) and those engines could arrive within one hour. During a wildfire, the
Grand Junction Air Center also is immediately called and serves as backup for fire
recon. Gulick said the fire department's primary responsibility is to protect structures.
Police Chief Dwight Henninger provided an overview of the town's evacuation plan and
other town department responsibilities during a wildfire. Henninger explained that Vail's
large lodging presence and capable transit system would facilitate a speedy and safe
evacuation. He then stated a hazardous materials spill would hold the greatest risk of
• creating a town -wide evacuation. Henninger emphasized using Vail and Eagle County's
transit system to help assist evacuees and creation of the shelters. Fire services veteran
Marc Mullenix, a consultant the town hired to review the town's wildfire preparation
efforts, discussed findings and recommendations. Included in the findings are the
recommendations to fund a six -person hand crew, provide additional training for Vail Fire
Department personnel and increase the public education about wildfire preparedness.
Mullenix encouraged Council to sustain fire mitigation efforts before the community
incurs an "emotionally and financially devastating event." Moffet moved to adopt the
Town Manager's recommendations and return to Council for a supplemental budget
appropriation. Logan complimented staff for a job well done preparing for a potential
emergency. The motion passed unanimously, 7-0.
The seventh item on the agenda was the 2006 Year-end Investment Report.
Budget and Financial Reporting Officer Kathleen Halloran announced Section 2-2-8 of
the Town Code requires an annual presentation of the town's investment report, which is
also provided as a written report each quarter. This agenda item served as a
presentation of the town's investment report as of December 31, 2006.
The eighth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals,
Vail Town Code, of the Design Review Board's denial of a design review application for
a minor alteration, pursuant to Chapter 12-11, Design Review, Vail Town Code, to allow
for storefront fagade renovations, located at 610 West Lionshead Circle/Lot 1, Block 1,
Vail Lionshead Filing 3 (DRB06-0540). Town Planner Bill Gibson noted that on February
• 21, 2007, the DRB held a public hearing to consider a design review application for a
minor alteration to allow for storefront fagade renovations to the Landmark Building,
located at 610 West LionsHead Circle. Upon review of the application, the board voted
2-2 (Dantas and Dorward in favor; Dunning and Rogers opposed) to approve the
application. The motion for approval failed by a split vote and the application was
therefore denied. Applicant representative Bill Pierce outlined the project's parameters.
Local builder Mark Hollenbeck explained the importance of the project needing to be
started immediately after the ski season due to public safety and streetscape
sequencing. Moffet moved to overturn the decision with Newbury seconding. DRB
Chairperson Margaret Rogers said she believed the amount of glass being used on the
retail level looked more like a shopping center than a village. Moffet clarified overturning
the decision held no presidential value. DRB Member Peter Dunning also commented he
believed the south facing wall of the proposal looked too much like a shopping center.
Landmark commercial owner Dick Brown emphasized the importance of starting the
project immediately. Project developer Howard Olson spoke in support of the project.
Landmark building business owner Billy Suarez spoke in support of the project.
Landmark building homeowner Bill Pendleton spoke in support of the project. Pierce
emphasized the applicant attended six DRB meetings and made substantial
compromises. The motion passed 6-1, Gordon opposed.
The ninth item on the agenda was the LionsHead Parking Structure Redevelopment
Proposal. Town Manager Stan Zemler reported Economic Planning Systems (EPS) had
completed its independent financial analysis of the LionsHead Parking Structure
redevelopment proposal submitted by The Open/Hillwood Partnership (OHP).
Representing EPS, Andy Knudtson reported OHP has the background, expertise and
financial capacity to complete the project, and the public benefits provided by the project
exceed the value of the property. The report further identified the following issues that
• need to be addressed in pre -development negotiations between the town and OHP:
• Conference center — ownership structure; management and operations; funding of
an expected deficit.
• Public benefits — Will need further refinement / consideration.
• Relationships — structure of the Open/Hillwood collaboration and responsibilities of
each. Need some additional clarification concerning roles and responsibilities.
• Housing — Assuring the proposal meets new TOV housing requirements and how
Timber Ridge may fit into the housing mix.
• Use of Public Financing — how will metro district funds be used; discussion
concerning use of public funds.
• Performance and project guarantees — development of specific milestone
guarantees, penalties and project completion dates.
• Parking issues during construction.
• Impact of construction on businesses and surrounding properties.
Staff then reported on sequencing issues as analyzed by the Beck Group and appraisals
prepared by Bowes and Company and Rocky Mountain Valuations. During a pause for
public comment, Bev Trout asked if the project would include a performing arts center.
Zemler said a dual use (conference center/performing arts) center would be pursued.
Local restaurant owner Billy Suarez emphasized a need for parking always being
available (during construction) in LionsHead. Council assured Suarez parking was a
significant concern. Kaye Ferry asked if Council had considered rising land values in Vail
versus the value of public benefits. Nicole Hoffmann expressed concern that employees
. required by the project would threaten the valley's already dwindling workforce.
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The tenth item on the agenda First reading of Ordinance No. 7, Series of 2007,
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. Interim Community Development Director George Ruther reported that 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. The PEC voted unanimously on
March 12 to deny Ordinances 7, 8, & 9 Series of 2007. Hitt questioned allowing
dormitory type housing in the regulations. At least one of the occupants must be
employed at least 30 hours in Eagle County. Housing Coordinator Nina Timm reported
Eagle County has had no construction impacts by its inclusionary zoning and
commercial linkage regulations. She said the county commissioners are considering
increases in the percentages. Bill Pierce, a member of the PEC, thanked the Community
Development Department staff for their significant efforts in attempting to address the
issue of employee housing. Pierce then spoke in favor of a tax supported employee
housing program. He then said all zone districts should be included in the proposed
program and asked that a plan be developed for locating more employee housing in Vail.
Chuck Baker spoke against inclusionary zoning. Representing Vail Valley Medical
Center, Stan Anderson said he believed the ordinances would make it difficult for the
hospital to expand. He then spoke in support of a tax based program. Representing the
Vail Valley Board of Realtors, Sarah Thoreson asked for Council to hold off on making a
decision and to wait for Eagle County's Blue Ribbon Housing Committee
recommendations. Vail Chamber and Business Association Executive Director Kaye
• Ferry said the business community's goals do not match what council is saying. "They
are not interested in providing family housing ... They want to house front line
employees." She then mentioned the middle bench of Donovan Park would be an
excellent location for family housing. Nicole Hoffmann said there is more need for
seasonal housing. Planning consultant Tom Braun asked for predictability in terms of
what would be required by developers. He urged Council to pass the ordinance then
evaluate the impacts (if any) soon after. He then asked for standards to be identified in
the ordinance. Galen Aasland spoke against the use of either practice. Local
restaurateur Matt Morgan supported the proposals and urged Council to move ahead.
Steve Lindstrom, a member of the Vail Housing Authority, spoke in support of the
ordinances. Representing the Vail Village Homeowners Association, Jim Lamont said
the ordinances still needed some work. Moffet spoke in support of maintaining
community. He then said, "Most of the business community members in this town don't
live here." He then stated it was counter intuitive to tax commercial space. Newbury
stressed it was important to meet the needs of the entire community. She then
encouraged a provision that would allow people to retire in their home if they had worked
in the community for a period of time. Hitt said he would like to avoid any possible
contradictions. Foley said he understood the concerns of the PEC and public and did not
believe the ordinances were there yet. Gordon said he was obligated to represent the
people who voted for him and they supported employee housing. "This is only one tool."
Logan complimented staff's efforts in tackling the housing issue. "My heart is in favor but
my mind is not there ... We have not addressed the possible economic ramifications of
these ordinances." Logan then expressed displeasure with the development community,
Vail Resorts, and Vail Valley Medical Center for not providing adequate input on the
• issue and not trying to benefit the whole community. Slifer said the PEC's unanimous
recommendation of denial bothered him. He then recommended looking at regional
solutions. Newbury moved to approve the ordinance with Gordon seconding. Gordon
• asked that a development moratorium be placed on the April 3 agenda, so as to prevent
a flood of new development applications trying to avoid future legislation. Mire clarified
the option to extend the pending ordinance doctrine does exist. The motion passed 5-2,
with Foley and Logan opposed.
The eleventh item on the agenda was First Reading of Ordinance No. 8, Series of 2007,
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, 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. Newbury moved to approve the ordinance with
Moffet seconding. The motion passed 4-3, with Slifer, Logan and Foley opposed.
The twelfth item on the agenda First Reading of Ordinance No. 9, Series of 2007,
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, 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 with Newbury seconding. The motion passed 4-3, with Slifer, Logan and Foley
• opposed.
The thirteenth item on the agenda 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, 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
approve the resolution with Newbury seconding. The motion failed 4-3, with Foley,
Logan, Slifer and Hitt opposed.
The fourteenth item on the agenda was the Second reading of Ordinance No. 1, Series
of 2007 An ordinance amending title 10, Vail Town Code; adopting chapter 3, In -
building public safety radio system coverage'; providing minimum standards for in -
building radio system coverage. The ability of police, fire, ambulance and other
emergency providers and personnel to communicate with each other within buildings
and structures, and to communicate from within structures and buildings to personnel
and locations outside of the building and structures, is vital to the public and these
responding agencies. A breakdown in communications among emergency responders
and public safety personnel creates a serious risk of harm to and is a serious threat to
the safety and welfare of emergency personnel, the citizens of the Town of Vail and the
public in general. Moffet moved to table the ordinance until the March 20, 2007 meeting
• with Newbury seconding. Gordon asked for vendors to be brought in to provide
testimony regarding costs. The motion passed unanimously, 7-0.
• The fifteenth item on the agenda was the Second reading of Ordinance No. 6, Series
2007, An ordinance designating certain streets and highways within the Town of Vail as
off -highway vehicle routes for municipal use of off -highway vehicles. The Town's Public
Works Department has purchased Off -Highway Vehicles, as defined by C.R.S. § 33-
14.5-101, to use for municipal maintenance. Pursuant to C.R.S. § 33-14.5-110, any
county, city and county, city, or town acting by its governing body may regulate the
operation of Off -Highway Vehicles on public lands, waters, and property under its
jurisdiction and on streets and highways within its boundaries by resolution or ordinance
of the governing body and by giving appropriate notice thereof. Moffet moved to approve
the ordinance with Foley seconding. The motion passed unanimously, 6-1, Newbury
opposed. For details, contact Todd Scholl at 479-2163.
The fifteenth item on the agenda was Resolution Number 7, Series 2007. A Resolution
Approving the Budget Amendment of the Vail Local Marketing District, for its Fiscal Year
January 1, 2007 through December 31, 2007.
The Vail Local Marketing District (the "VLMD") presented Council with an amendment to
the 2007 budget, appropriating two hundred and forty five thousand dollars
($245,000.00) for marketing related expenditures. Pursuant to C.R.S. § 29-25-110, the
operating plan may, from time to time, may be amended by the district with the approval
of the local government. Gordon moved to adopt the resolution with Moffet seconding.
The motion passed unanimously, 7-0. For more information, contact Kathleen Halloran
at 479-2116.
The sixteenth item on the agenda was Adjournment. Moffet moved to adjourn with
Gordon seconding at approximately 11:26 p.m. The motion passed unanimously, 7-0.
ATTEST:
Lorelei Donaldson, Town Clerk
Minutes provided by Corey Swisher.
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Rodney E. Slifer, Mayor
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