HomeMy WebLinkAbout2008-10-07 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, October 7, 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
Mark Gordon
Farrow Hitt
Kevin Foley
Kim Newbury
Margaret Rogers
Andy Daly
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Input.
Local restaurateur Brian Nolan complimented the Commission on Special Events (CSE)
for its good work and Council for its funding of the CSE.
Kaye Ferry questioned why a second Request for Proposals for the redevelopment of
Timber Ridge had not been issued.
The second item on the agenda was a Community Planning Month Proclamation.
Newbury read into the record a Community Planning Month Proclamation. Newbury
moved to approve the proclamation with Rogers seconding. The motion passed
unanimously, 7-0.
The third item on the agenda was the Town Manager's Report.
➢ Revenue Update,
Budget and Financial Reporting Manager Kathleen Halloran reported that when all sales
tax returns are received for the month of August, collections for the month are expected
to be $1,318,843, up 13.4% from August, 2007. Year-to-date sales tax collections of
$14.7 million are up 6.8% from 2007. For comparison, inflation as measured by the
consumer price index was up 5.4% for the month of September, and up 4.2% for the first
half of 2008 compared to prior year. Use tax collections began as of January 1, 2008.
As of September 30, collections total $539,950 of unbudgeted revenue. Construction
permit revenue currently totals $1.9 million, down 15% from this time last year.
However, due to conservative budgeting collected revenue currently exceeds budget by
$607,000. The decrease in activity from the prior year is due to both major and non -
major redevelopment projects. Major redevelopment projects make up 76% of the total,
and construction permit fee revenue from those projects is up by 12% from prior year.
Revenue from non -major projects is down 24% from this time last year. RETT collections
through September 30, 2008, total $5.9 million. This amount is a 33% increase from this
time last year primarily due to recent sales of major redevelopment projects. The overall
real estate market in Eagle County is down 27% in sales dollars and down 43% in sales
transactions as of July, 2008. Major redevelopment projects such as Arrabelle at Vail
Square, Forest Place, One Willow Bridge and Vail Plaza account for 61 % of year-to-date
2008 collections. This is significantly higher than the 25% from September 2007, and is
the reason Vail's RETT revenue is performing much better than the rest of the county.
RETT collections from property transfers not related to major redevelopment projects
dropped by 31 % year-to-date as of September, 2008 compared with 2007. This is more
in line with the sales decrease across the county.
➢ 2008 Bond Issue Update.
Finance Director Judy Camp reported the town's credit rating for bond issuance has
been upgraded. "I think this is something we can all be proud of." While discussing the
current municipal bond market Camp commented, "There have been no municipal bonds
sold in the State of Colorado in the last three weeks... There is simply no market for
them."
➢ Timber Ridge Bonds Update.
Camp reported the recent credit market turmoil is having an impact on the resale of
those funds.
➢ Update on Collection of Use Tax
Town Attorney Matt Mire clarified why the town -collected construction use tax revenues
were collected at the beginning of a construction project. Mire explained it was a matter
of state law. Daly expressed concern collection of the tax at the beginning of the project
was not prudent to builders/developers.
➢ Chamonix Property Planning Update.
Community Development Director George Ruther explained Economic and Planning
Services Inc. had been hired to provide more precise cost estimates. Gordon asked if
several different mixes of unit types would be contemplated in the scenarios. Ruther
clarified that would happen.
Hitt then asked about the status of the LionsHead kiosk. Ruther explained Vail Resorts
intended to operate the kiosk as a newsstand and information center during the
upcoming ski and summer season. If Vail Resorts chooses not to operate, the facility the
town could take over operations or the kiosk could be removed. "We are doing what was
originally expected or contemplated by the town and Vail Resorts... We have greater
assurances that it will be operated or removed than we have in the past." Zemler said,
"They will fund us if they fail to operate it."
The fourth item on the agenda was the Consent Agenda.
Approval of 9.02,08 and 9.16.08 Minutes
Gordon moved to approve the minutes without amendment with Rogers seconding. The
motion passed unanimously, 7-0.
The fifth item on the agenda was an Appointment to the Eagle County Open Space
Advisory Council (OSAC).
Following the resignation of Greg Moffet to the OSAC in March 2008 as he was
appointed to the Eagle County Planning Commission, staff has filled an interim position
on OSAC. Staff requested Council recommend either a Councilmember or full time staff
member to represent the Town of Vail on the OSAC. Daly moved to appoint Cleveland
as the town's representative with Newbury seconding. The motion passed unanimously,
7-0.
The sixth item on the agenda was an Art in Public Places (AIPP) Board Appointment.
Council was asked to appoint one applicant to the AIPP to complete the term which ends
March 31, 2011. The Board is made up of members who have demonstrated expertise in
architecture, art criticism, art education, art history, fine arts, graphic arts, interior design,
landscape architecture, town planning/community development or other art/design
related backgrounds not specifically mentioned, or who have demonstrated a strong
interest in the visual arts and/or civic improvement.
Board members shall meet one of the following requirements for at least one year:
A resident of the Town of Vail and/or
Owner of property within the Town of Vail
Duties and functions of the Art in Public Places Board include:
a, Implementation of the AIPP policies and selection procedures. This specifically
includes deciding the appropriate selection process for public art projects,
appointing selection panels for specific projects, and approving the final selection
of artist or artists for a project.
b. Acquiring public art by purchase, donation or other means for Vail's permanent
Art in Public Places collection.
C. Overseeing the maintenance and preservation of art works displayed in public
areas.
d. Assisting the Art in Public Places coordinator in obtaining grants and donations to
fund public art projects.
e. Promoting public art through a public education program that will further
community appreciation and understanding of the visual arts.
f. Publicizing Art in Public Places projects and recognizing the artist(s) involved
with the project.
g. Evaluating the Art in Public Places program and commitment of board members
annually and setting program goals on a five year basis.
Earlier Council in the day Council interviewed one applicant for the appointment.
Newbury moved to approve Scott DeWitt with Rogers seconding. The motion passed
unanimously, 7-0.
The seventh item on the agenda was a Regional Air Service Update.
Air Planners representative Kent Myers provided Council with an update on the "Fly Vail"
summer and fall flight programs. He then explained that the Eagle County Regional
Airport's (EGE) altitude restricted the distance of flights leaving the airport. Myers
emphasized American Airlines and United are "big partners with Vail." He then reported
fall air traffic for 2008 is tracking 35% behind last year. Myers also discussed funding
requirements (guarantees) entailed with maintaining air service to Minneapolis
(Northwest Airlines) during the 2008-09 ski season.
The eighth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals,
Vail Town Code, of the Town of Vail Planning and Environmental Commission's
approval of a request for a final review of an amendment to an existing conditional use
permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow
for the extension of a conditional use permit to allow a temporary business office,
located at 450 East LionsHead Circle (Treetops Building).
Due to a predetermined conflict of interest (Vail Resorts affiliation) Gordon recused
himself from the item and left the Council Chambers. Planner Bill Gibson explained that
on August 25, 2008, the PEC approved, with conditions, an amendment to an existing
conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail
Town Code, to allow for the extension of a conditional use permit to allow a temporary
business office, located at 450 East LionsHead Circle (Treetops Building)/Lot 6, Vail
LionsHead Filing 1, and setting forth details in regard thereto, by a vote of 5-0-1 (Pierce
recused). The Vail Town Council "called -up" this PEC's action at its September 2, 2008,
public hearing by a vote of 5-0-2 (Cleveland and Gordon opposed). Please see the
following item for a review of the discussion regarding this item.
The ninth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail
Town Code, of the Town of Vail Planning and Environmental Commission's approval of
a request for a final review of an amendment to an existing conditional use permit,
pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the
extension of a conditional use permit to allow for a temporary business office located at
616 West LionsHead Circle (Concert Hall Plaza Building).
Due to a predetermined conflict of interest (Vail Resorts affiliation) Gordon recused
himself from the item and left the Council Chambers. On August 25, 2008, the PEC
approved, with conditions, an amendment to an existing conditional use permit, pursuant
to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the
extension of a conditional use permit to allow for a temporary business office located at
616 West LionsHead Circle (Concert Hall Plaza Building)/Lot 1, Vail LionsHead Filing 4,
by a vote of 5-0-1 (Pierce recused). Council "called -up" this PEC's action at its
September 2, 2008, public hearing by a vote of 5-0-2 (Cleveland and Gordon opposed).
Hitt clarified first floor locations have traditionally only allowed for retail space (as
opposed to an office use). Vail Mountain Chief Operating Officer Chris Jarnot introduced
the Vail Mountain management team. Jarnot said Vail Resorts has 61 employees
working in the two office spaces. Jarnot said future office space is expected to be
located in the proposed Ever Vail development to be located in the West LionsHead
area. Daly said he believed the uncertainty of the Ever Vail construction timing made it
an unacceptable option for future office space and encouraged Vail Resorts to include
office space in its proposed North Day Lot employee housing development. Jarnot said if
they were not able to remain in their current location Vail Resorts would, "break up and
move farther and farther away... We are subject to your direction at this point." Daly
asked why the North Day lot was no longer on a list of alternatives. Jarnot responded,
"Ever Vail is a more appropriate place for office space...we are building office space
there anyway so we might as well build some for ourselves... For us long-term that
seems to be the best plan." Hitt clarified Vail Resorts had no immediate plans for other
potential office space locations. Rogers moved to uphold the two decisions of the PEC
with Daly seconding. "If it's not broken don't try to fix it." LionsHead Merchant
Association representative Keith Odza spoke in support of keeping the Vail Resorts
employees in Vail. "It's important to keep everything in that regard here," Former Vail
Mayor Bob Armour clarified the PEC's recommendation would be reviewed in May 2009.
"I appreciate that the vitality in that area is improving." Local restaurateur Bryan Nolan
spoke in support of the motion. Kaye Ferry said that in the past retailers had been
interested in the discussed locations. "If you don't like this ordinance, change it ... or it
should be applied fairly across the board...Vail Resorts has had an advantage that
nobody else has." Vail Chamber and Business Association Representative Michael
Norton said his constituents wanted Vail Resorts to remain in their present location. Hitt
clarified Vail Resorts had occupied the space for three years and said he believed the
Concert Hall Plaza area would be seeing more pedestrian traffic due to redevelopment
(potentially increasing the viability of retail business). "My concern is that we have a
temporary conditional use that doesn't have an end to it... We need to define
temporary... I think our problem lies with that ordinance... We need to come to a definitive
cut-off for temporary uses." Daly stressed the importance of ski operations and the
necessity for them to be close to Vail Mountain. He also said personnel fragmentation
jeopardizes the ability to provide quality services. Newbury commented, "These
unlimited renewals are creating a de facto permanent office space." She then said a
definition of temporary in regard to a conditional use needed to be reviewed. "It does not
meet the goals and objectives of the town to have office space on the first floor."
Cleveland noted, "I am deeply troubled by the complete lack of long-term planning on
the part of Vail Resorts." He then said it would not be unreasonable to ask Vail Resorts
for the sales tax lost due to the location's use as office space. The two motions passed
5-1-1, with Foley opposed.
The tenth item on the agenda was a request for review of an encroachment agreement
for constructed improvements on Town owned property associated with the Manor Vail
Lodge redevelopment. As a result of performing a survey to create a condominium plat
for Manor Vail Lodge new dwelling units, it was discovered that several decks/walkways
on the rear of Building C encroach on to Town property.
On June 21, 2005, Council unanimously adopted Ordinance No. 14, Series of 2005, an
ordinance repealing and reenacting Ordinance No. 24, Series of 2004, establishing
Special Development District (SDD) No. 38, Manor Vail Lodge. The purpose of
Ordinance No. 24, Series of 2004, was to adopt the development plan for the
redevelopment of the Manor Vail Lodge which included new dwelling units, a
subterranean parking structure, new facades, and public improvements which were to
serve as public benefits for the deviations from the High Density Multiple Family zone
district. The Community Development Department recommended Council instruct staff
to create and record an encroachment agreement for constructed improvements on
Town property associated with the Manor Vail Lodge redevelopment in a form
satisfactory to the Town Attorney. Rogers asked what the Manor Vail redevelopment had
provided in terms of public benefit. East West Partners representative Jim Adams
explained the scenario creating the encroachment. Gordon asked Mire what the town's
remedies were for the encroachments. Mire said he would have to research the matter
to provide a comprehensive answer. Zehren and Associates representative Brian Sipes
explained the architectural reason the project encroached on town property. "We
wanted the project all along to be a good fit." Hitt moved to direct the Town Attorney to
enter an encroachment agreement with the East West Partners with Foley seconding.
Hitt then clarified that a lot of time and effort went into the initial review of the project and
emphasized that the land transfer remained in the town's best interest. He also
emphasized the encroachment was no fault of the developer. Rogers commented, "I
can't just see myself giving away town property for nothing...I think there are some
things you can do to show good faith." She then recommended the developer volunteer
to renovate a structure referred to as the "art shack" in Ford Park. Gordon agreed the
art shack renovation would serve as a fare settlement. Newbury stated, "I feel that if we
are trying to get something out of this we are being punitive." Daly said the town can not
tolerate poor surveys and encroachments onto town owned land. The motion passed 4-
3, with Rogers, Gordon and Daly opposed.
The eleventh item on the agenda was the First reading of Ordinance No. 16, Series of
2008, an ordinance requesting a zone district boundary amendment, pursuant to Section
12-3-7, Amendment, Vail Town Code, to allow for the rezoning of a 430 square foot
parcel of land from High Density Multiple -Family (HDMF) District to General Use (GU)
District.
On August 11, 2008, the PEC voted 5-0-0 to forward a recommendation of approval for
a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail
Town Code. Daly moved to approve the ordinance with Hitt seconding. The motion
passed unanimously, 7-0.
The twelfth item on the agenda was the First reading of Ordinance No. 21, Series of
2008, for prescribed regulations amendments to Section 14-10-7, Outdoor Lighting, Vail
Town Code, to allow for amendments to the outdoor lighting standards.
Planner Bill Gibson reported the purpose of the proposed amendments is to clarify the
Town's outdoor lighting standards and to simplify the implementation and enforcement of
the Town Code. The proposed amendments were also intended to update the outdoor
lighting standards to better achieve "green" (i.e. environmentally sensitive and energy
efficient lighting fixtures and techniques) and "dark sky" (i.e. minimizing light pollution)
policies. In its August 19, 2008, public hearing, Council held a work session to discuss
the proposed amendments. At the time Council was generally supportive of the "green"
and "dark sky" policies incorporated in the proposed amendments. On August 25, 2008,
the PEC voted 6-0-0 to forward a recommendation of approval to Council for the
proposed amendments. Daly clarified currently existing lighting fixtures would be
grandfathered into compliance. Daly then moved to approve the ordinance with Newbury
seconding. During a pause for public comment, Gwen Scalpello spoke against
construction sites being exempt from construction sites. "Lighting guidelines in this
ordinance should apply to construction sites." Council agreed to address construction
lighting. Gordon said it was nice to be moving in the direction of a green building code,
The motion passed unanimously, 7-0.
The thirteenth item on the agenda was the second reading of Ordinance No. 19, 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,
Dispatch Services Fund and Debt Service 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 item. She
explained budgeted revenues would be increased by $3.9 million and budgeted
expenditures would increase by $2.2 million. Foley inquired about the exclusion of a
proposed green house. Public Works Director Greg Hall said the project was under
review for potential value engineering. Hitt said he appreciated the project being
revisited. Foley moved to approve the ordinance with Hitt seconding. The motion passed
unanimously, 7-0.
The fourteenth item on the agenda was Resolution No. 21, Series 2008, A Resolution
Approving the Purchase of Property in the Town of Vail Legally Described as Gore
Range Condominium Unit #3-W, Eagle County, Colorado with a Physical Address of
2189 Chamonix Lane, Vail Colorado.
The Town of Vail enacted employee housing requirements for new development. Fee -in -
lieu is one of four methods available to mitigate the requirement. To date, the town has
collected $417,000 in employee housing fee -in -lieu. Fee -in -lieu dollars are to be spent
establishing new employee housing units within the Town of Vail. The town will be using
these funds to purchase Gore Range Condominiums #3-W. The Council considers it in
the interest of the public health, safety and welfare to purchase property legally
described as Gore Range Condominium Unit #3-W, Eagle County, Colorado with a
physical address of 2189 Chamonix Lane, Vail Colorado (the "Property") for the amount
of $309,000.00. Please see below for the approving motion and vote.
The fifteenth item on the agenda was Resolution No. 22, Series 2008, A Resolution
Approving the Purchase of Property in the Town of Vail Legally Described as Gore
Range Condominium Unit #2-E, Eagle County, Colorado with a Physical Address of
2189 Chamonix Lane, Vail Colorado.
The Town of Vail enacted employee housing requirements for new development. Fee -
in -lieu is one of four methods available to mitigate the requirement. To date, the town
has collected $417,000 in employee housing fee -in -lieu. Fee -in -lieu dollars are to be
spent establishing new employee housing units within the Town of Vail. The town will be
using these funds to purchase Gore Range Condominiums #3-W. The Council considers
it in the interest of the public health, safety and welfare to purchase property legally
described as Gore Range Condominium Unit #2-E, Eagle County, Colorado with a
physical address of 2189 Chamonix Lane, Vail Colorado (the "Property") for the amount
of $290,000.00. Rogers moved to approve Resolutions No. 21 and No. 22, Series of
2008 with Newbury seconding. The motion passed unanimously, 7-0. Daly clarified
appraisals of the properties had been carried out.
The sixteenth item on the agenda was Adjournment.
Newbury moved to adjourn with Foley seconding with the Council voting 7-0 to end the
meeting.
Dick Cleveland, Mayor
ATTEST:
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Lorelei Donaldson, Town Clerk