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HomeMy WebLinkAbout2008-04-15 Town Council MinutesVail Town Council Meeting Minutes Tuesday, April 15, 2008 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 Dick Cleveland. Members present: Dick Cleveland, Mayor Andy Daly Mark Gordon Farrow Hitt Kevin Foley Kim Newbury Margaret Rogers Farrow Hitt Not present: Kevin Foley Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Input. Vail Recreation District Board Member Michelle Hall noted she has filed to run for a second term. The election is May 6. The second item on the agenda was the Town Manager's Report. ➢ Skatepark Update. Zemler noted the schedule for set up of the stakepark on the top deck of the LionsHead parking structure has been delayed by two weeks because the equipment, which is stored in Minturn, is currently buried in snow. Zemler said the skatepark would be assembled and ready to go as quickly as the weather allowed, tentatively set for a May 30 completion. It was also noted the town's Annual Clean Up Day has been changed from May 3 to May 10. ➢ Forest Health Update. 1 Fire Chief Mark Miller reported on the department's response in providing assistance to Carbondale following the report of a wildfire. He then provided an overview of the town's upcoming forest health initiatives in partnership with Eagle County and the U.S. Forest Service. He said the town would also continue to support a six -person seasonal mitigation crew this summer following a successful debut last summer. Chief Miller also provided an overview on some extensive fire behavior training his department had been undergoing during the week in preparation for wildland fire season. The third item on the agenda was the Appointments to the Vail Local Licensing Authority (LLA) and Vail Local Housing Authority (VLHA) boards. Earlier in the day Council interviewed two incumbent applicants for two openings on the Liquor Board: Kaye Ferry and Bob McKown. Daly moved to appoint Ferry and McKown to the LLA with Newbury seconding. The motion passed 6-0. Council then appointed Kim Newbury to the Vail Local Housing Authority. The fourth item on the agenda was a presentation of possible next steps to be considered for the redevelopment of the Timber Ridge Village Apartments Town Manager Stan Zemler asked Council to engage in a discussion regarding next steps in the redevelopment of the Timber Ridge Village Apartments. The request followed a decision by the Council on March 18 to conclude negotiations with Open/Hillwood and Lincoln Properties Southwest regarding a proposed redevelopment. Zemler's suggested next steps included the following: 1. Form a Timber Ridge Redevelopment Advisory Committee. The Committee will work with the Housing Authority and the community and advise the Town Council. a. Two members of Town Council b. Two members from the Vail Local Housing Authority c. Three members from the community at -large. 2. The TRAHC Board, the Committee and the Housing Authority will conduct a Strengths, Weaknesses, Opportunities, Threats (SWOT) analysis of the Timber Ridge Development. 3. Conduct an Employee Housing Needs Analysis. a. Staff recommended utilizing the 2007 Eagle County Housing Needs Assessment and previous work completed by RRC Associates for the Town of Vail. 4. Prepare and adopt redevelopment goals and parameters to be used to evaluate development proposals. 5. Develop a Request for Proposals for site specific master planning services. 6. Select a consultant to provide site specific master planning services. 7. Complete a site specific master plan. 8. Town Council adopts a site specific master plan. 2 9. Issue a Request for Proposals (RFP) to developers for implementation of the site specific master plan. During discussion, Gordon said he believed it was good to keep the discussion focused on process. "I think this should be the Housing Authority looking into this ... I believe time is of the essence." Housing Coordinator Nina Timm explained Timber Ridge required $2,000,000 in repairs as outlined in an engineering report. Rogers noted, "I think this is a very sound way to proceed ... I agree it needs to be done as quickly as possible." She then said she would be happy to serve on the committee. Hitt cautioned Council to not "reinvent the wheel" in regard to an employee housing needs analysis. Newbury said the Housing Authority felt underutilized but understood the reason for Zemler's recommendation. In response to comments about the current conditions at Timber Ridge, Zemler said any concerns over safety or maintenance issues at the complex should be brought to him immediately. Cleveland said he was particularly in favor of establishing redevelopment parameters. "I think this is going in the right direction." Gordon moved to follow the recommended next steps but use the Housing Authority rather than the recommended committee to perform the parameter developments with Hitt seconding. Kaye Ferry spoke in support of the previous Open/Hillwood proposal for the redevelopment. "I think everything you are going to come up with in this new master plan has been decided over the past two years." Daly said he would rather go forward with a mixed committee as opposed to just the Housing Authority. Gordon said the Housing Authority meetings were open to the public and if they wish to voice an opinion that opportunity exists. Newbury said she appreciated Gordon's effort to glean more information from the Housing Authority. The motion failed 2-4, with Gordon and Hitt voting in favor. Rogers then moved to uphold the staff recommendation with Daly seconding. The motion passed, 4-2, with Hitt and Gordon opposed. Rogers and Gordon were selected as the Council Members to sit on the committee. The fifth item on the agenda was Resolution No. 6, Series of 2008, establishing the 2008 Employee Housing Fee -in -Lieu. On April 4, 2007, the Vail Town Council adopted Ordinances Nos. 7 and 8, establishing Chapter 23, Commercial Linkage, and Chapter 24, Inclusionary Zoning, Vail Town Code. Housing Coordinator Nina Timm reported that in accordance with Sections 12-23-5 and 12-24-6, the fee -in -lieu for each employee to be housed and for each square foot of employee housing required shall be established annually by resolution of the Vail Town Council. Rogers moved to approve the resolution with Hitt seconding. The motion passed unanimously, 6-0. Timm verified the formula used to originally establish the fee - in -lieu was used for the 2008 update. The town's fee -in -lieu per employee is now set at $166,464 and the fee per square foot is $301.65. The sixth item on the agenda was an Incremental Revenue from Property Tax discussion. Finance Director Judy Camp explained estimates project property tax collections in 2008 to exceed the amount budgeted by $450,000 to $600,000. "Staff recommends depositing the incremental property tax revenue into the General Fund along with all other property tax as is our standard practice." The impact of this action will be to increase the fund balance (reserves) in the general fund at a time of uncertainty in the U.S. economy and the real estate market. The annual budget process provides an opportunity to reassess the need to use fund balance in the event of any future reductions in property tax or other revenue sources. Daly said he believed the funds should be used to offset the town's Capital Projects Fund shortfall. Newbury reiterated Daly's thoughts. During a pause for public comment, Kathryn Benysh encouraged Council to offer a property tax rebate. Tom Steinberg encouraged Council to use the funds for the proposed West Vail Fire Station. Gordon clarified the funds could be tracked in the fund balance and appropriated to a specific project at a later date. Hitt moved to budget the incremental property tax collections in the Capital Projects Fund with Daly seconding. Cleveland said he supported a rebate but did not want to risk the town's future by lowering the mill levy. "The Capital Projects Fund is a perfectly suitable place." The motion passed unanimously, 6-0. The seventh item on the agenda was a request to review a major amendment to Special Development District (SDD) No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the development of the Cornerstone Site, located at 1276 Westhaven Drive. (PEC070055). Community Development Director George Ruther explained to Council that on January 28, 2008, the PEC voted unanimously to forward a recommendation for approval, with conditions, of an application for a major amendment to SDD No. 4, Vail Cascade, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the development of the Cornerstone Site. Daly questioned the availability of parking as some of the site's parking had been sold. Mire explained the actual use of the space determined the actual parking requirement. Applicant representative Rick Pylman said the existing parking structure had 421 parking spaces and they were underutilized. "The Cornerstone site itself has always parked its own uses ... We will come back to you with a building that does not have a GRFA issue." Rogers asked if redevelopment required an 81 foot height to be profitable. Gordon asked if the only change in the project was the removal of the on -site employee housing units. Newbury said she personally would have a problem if the project did not have 50% of the required employee housing on site. Mire clarified that as an SDD it was a requirement that any modification to the property would have to come before Council. Pylman said he believed the enhancements to the chairlift plaza would be a public benefit. Gordon asked how the development would address skier drop-off. Hitt encouraged meeting the employee housing requirement on -site. He said he had been encouraged by a recent peer resort visit to Park City where employee housing is viewed as paramount. "I would be happy if you could find a way to put those (EHUs) back on site." Daly said, "My feeling is that the project should at no point exceed 71 feet ... I fully endorse that as a new project under current guidelines the project should meet the new (EHU) requirements." Rogers stated, "I don't see redoing the ticket office as sufficient enough to offset the type of variances you are asking for." Cleveland said 71 feet was the appropriate height. "Employee housing has got to be on site ... I don't think it's unreasonable that half of the EHU requirement be on -site ... It's a terrible situation now, and without doing something it will only become worse." Liftside Condominiums legal representatives Beth Aires spoke in opposition to a 71 foot roof line on both towers of the project. She then encouraged Council to select the option that includes 61 and 81 foot towers. Liftside Condominium owner Miguel Marero said four to five condominiums would be directly impacted (blocked views) by the project. Campbell clarified there were no recorded view corridors in Cascade Village that would be protected by town code. Cleveland said he believed it was Council's preference that 50% to 100% of employee housing occur on site and the height be limited to 71 feet. Parking, snow removal and skier drop-off also remained concerns to Council. Gordon moved to table the item to May 20 with Hitt seconding. The motion passed unanimously, 6-0. The eighth item on the agenda was the First reading of Ordinance No. 10, Series of 2008, repealing and re-enacting Ordinance No. 31, Series of 2007, Cascade Village, amending and re-establishing the approved development plan for Area A of SDD No. 4, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the construction of two additions (deck enclosures) to the south side of Vail Cascade Hotel, located at 1300 Westhaven Drive/Cascade Village Subdivision. Planner Nicole Peterson reported that on March 24, 2008, the PEC recommended approval of the request. The proposed additions would expand the floor area of the existing Chap's Restaurant by 1,405 square feet and the existing library by 486 square feet, for a total of 1,891 square feet of additional enclosed space. In addition, this request included an expansion of the Chap's Restaurant deck by 183 square feet and the addition of a staircase from the existing deck to the ground level patio and pool. Applicant representative Rick Pylman gave a project overview. Destination Resorts Project Manager Rick Birchum said his company was attempting to update the property and improve guest amenities available in the hotel. He expressed concern that the project's employee housing requirement would equal 1/3 of the total project cost and requested Council waive the employee housing requirement for reasons stated in Attachment D of Staffs April 15, 2008 memorandum to the Council. Project architect Tobias Strough described the design of the proposed additions. Newbury asked how many guests could be fed in the conference center facility. Birchum replied 250-300 guests. Daly asked how many EHU's the Vail Cascade controlled. Nina Timm, Housing Coordinator replied, 11 EHU's. Cleveland said he did not find Birchum's arguments (in regard to waiving the redevelopments employee housing requirement) to be very compelling. He commented it is easier to move seven to eight employees from the kitchen to the conference center, rather than 250-300 guests from the conference center to the kitchen. He stated, "I don't believe you will actually cut the number of employees." Daly moved to not provide waiver of the employee housing requirement with Rogers seconding. The motion passed unanimously, 6-0. Newbury moved to approve with conditions the first reading of the ordinance with Rogers seconding. Daly added that staff validate the parking analysis provided in Ordinance 10. The motion passed unanimously, 6-0. The ninth item on the agenda was a Town of Vail request for the first reading of Ordinance No. 8, Series of 2008, an Ordinance to enact prescribed regulation amendments to Title 12, Vail Town Code, to establish requirements and procedures for public art in development projects. The ordinance clarifies the process for projects that have a public art component in their approved development plan. Rogers moved to approve the ordinance with Newbury seconding. Mire clarified the town requires a 125% performance bond on all public improvement projects. The motion passed unanimously, 6-0. The tenth item on the agenda was Resolution 9, Series of 2008, a resolution to amend Chapter 4, Recommendations — Overall Study Area and Chapter 5, Detailed Plan Recommendations, Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to E amend those elements of the Master Plan referencing the North Day Lot recommendations and requirements to facilitate the redevelopment of the site with an employee housing project, transportation center, and future development site, located at 600 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3. Due to a predetermined conflict of interest (Vail Resorts affiliation) Mark Gordon recused himself from the item and left the Council Chambers. Public Works Director Greg Hall provided an overview of the 2007 Town of Vail Transportation Master Plan. Then Community Development Director George Ruther summarized the history of the LionsHead Redevelopment Master Plan (LRMP). Ruther explained the PEC would use the LRMP as a guideline for making a recommendation on the North Day Lot proposal. On April 14, 2008, the PEC forwarded a recommendation of denial to Council for amendments outlined in Resolution 9, Series of 2008. The purpose of the amendment would establish the basis by which the North Day Lot could be redeveloped with an employee housing project, transportation center, and future development site. Ruther said, "The circumstances of loading and delivery have changed since the LRMP was last visited (through the inclusion of the loading bay at the Arrabelle at Vail Square). "Have conditions changed that public transportation improvements are no longer needed in LionsHead ... It is staffs belief the answer to that question is no." Cleveland clarified Council was only addressing the LRMP specifically. Vail Resorts Chief Executive Officer Rob Katz stated, "Unless we have a meeting sometime in the next week this project is not going to go anywhere ... As the applicant, we have no disagreement with the issues George raised." Hitt said, "Transportation on that site seems more important than being able to make 51 % of the site condominiums ... I don't even think I need to worry about amending the LRMP." Rogers said skier drop-off needed to be addressed so Vail could regain its No.1 ski resort status. Hitt asked if the Arrabelle at Vail Square's loading and delivery bays were effective. Ruther answered it was too soon to tell as the bays had only recently become available. Daly reiterated that skier drop-off and employee housing were town priorities. Cleveland said he would not support moving the transportation center to the LionsHead parking structure or the West LionsHead area. "It's important that transportation, skier drop-off, shuttle drop-off be as close to the LionsHead gondola as possible... Using all of the ground level floor plate for transit meets all of the LRMP goals ... The transportation function is primary on the ground level ... I am completely supportive of getting rid of the loading and delivery ... Is this the place for a transit center, skier drop off, shuttle center ... This is a site that has been recognized in the LRMP as a place for transportation for the past ten years." Katz said, "We have no issue with having a transit center on the site, we'll build it ... I'm concerned about the complexity of the site and secondly, the cost." Katz expressed concern that the complexity of the project given time constraints imposed by a failure to meet requirements set forth in the Core Site Development Agreement made the project very difficult. "Our company needs active dialogue with the Council to make this project a success." Zemler said staff would return on May 6 with costs. He also said perhaps Council would revisit the dates currently imposed on Vail Resorts. Daly said he believed the town was working toward simplification rather than making it more complex. Landmark Condominium Association representative Geoff Wright said the town has not included the Landmark in the most recent planning process as much as had occurred in the past. He said both the Landmark and Westwind condominium association should be intimately involved in the transit center planning processes. He urged Vail Resorts to remove the current deed restriction on the LionsHead parking structure so a transit center for large buses could be built there. Westwind manager Steve McDonald asked Council to look elsewhere when considering a transit center. Representing the Vail Homeowners Association, Jim Lamont said we are looking clearly at transit as the only alternative to parking in the future. He then said the parcel had historically been contemplated as a transit location. Daly moved to approve the resolution with modifications, with Hitt seconding. Ruther clarified the modifications outlined by Daly precluded any future development other than a transit center on the bottom plate of the parcel and eliminated a loading and delivery component. The motion passed unanimously, 5-0. Gordon returned to the Council Chambers. The eleventh item on the agenda was Resolution No. 10, Series 2008, a Resolution Approving the Intergovernmental Agreement and a Lease Between the Town of Vail, Colorado and the Colorado Department of Transportation (CDOT) Regarding Sediment Control Storage Areas on the North Side of Interstate 70 at Approximately M.P. 178-179. Public Works Director Greg Hall reported town and CDOT were working toward expanding the sand storage berm in East Vail along the north side of 1-70, along Tract A of the VV 13th filing (Bald Mountain Area). The work will be completed in two phases over the next five to ten years. CDOT will be responsible for the construction of the East phase that is within the CDOT right-of-way and Tract A; and the town and CDOT will be jointly responsible for the West phase that is within CDOT right-of-way, Tract A, and an existing easement granted by the Bald Mountain Town Home Association to the town. The purpose for the berm is to provide sand storage as well as providing aesthetic and noise mitigation to the surrounding neighbors. During a pause for public comment, Bald Mountain neighborhood resident Stephen Connolly questioned the extended timing of the CDOT easement. Representing the Vail Homeowners Association, Jim Lamont clarified the town continued to work with and meet the expectations of the affected neighborhood. Newbury moved to approve the resolution with Rogers seconding. The motion passed unanimously, 6-0. The twelfth item on the agenda was Resolution No. 12, Series 2008, a Resolution Amending the Town of Vail Public Way Permit Fee Schedule. Town Engineer Tom Kassmel told Council that on April 4, 2006, Council adopted Resolution No. 5, Series 2006 changing the Public Way Permit Fee Schedule from a flat fee to a rate schedule which is relative to the impact of the street cut or use of the public way and which may be amended from time to time by resolution. The proposed amended Public Way Fee Schedule provides a Core Area Heated Streetscape fee and raises the application fee from $50 to $100. Newbury moved to approve the resolution with Rogers seconding. The motion passed unanimously, 6-0. The thirteenth item on the agenda was the Second Reading of Ordinance No. 7, Series of 2008, an Ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real estate Transfer tax Fund, Heavy Equipment fund, and Dispatch Services Fund of the 2008 Budget for the Town of Vail Colorado; and authorizing the expenditures of said appropriations as set forth herein. Budget and Financial Reporting Manager Kathleen Halloran introduced the first supplemental. Daly then suggested a few small changes in the process. He asked for a way to track a project's original budget. He also recommended the item be tabled so rollovers on maintenance -related projects could be more clearly identified. Public Works Director Greg Hall explained the Real Estate Transfer Tax (RETT) Fund was not made up of only capital items as some maintenance and operations come out of the budget as well. Daly requested that in future supplementals, maintenance and operating items be excluded from "roll-overs," but if additional funds are needed they be specifically requested as a part of the supplemental. Daly moved to approve the supplemental with Rogers seconding. The motion passed unanimously, 6-0. The fourteenth item on the agenda was Adjournment. Newbury moved to adjourn with Cleveland seconding at approximately 11:05 p.m. The motion passed unanimously, 6-0. Dick Cleveland, Mayor ATTEST: —443 L- Lore i Donaldson, Town Clerk Minutes provided by Corey Swisher.