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.
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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.
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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
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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
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Lore i Donaldson, Town Clerk
Minutes provided by Corey Swisher.