HomeMy WebLinkAbout2008-12-02 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, December 2, 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:
Staff Members:
Dick Cleveland, Mayor
Mark Gordon
Farrow Hitt
Kevin Foley
Margaret Rogers
Andy Daly
Kim Newbury
Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer
The first item on the agenda was Citizen Input.
Michael Caccippo expressed displeasure with a recent interaction with the Vail Police
Department.
Paul Rondeau spoke in support of utilizing the Town of Vail Brain Trust to formulate the
town's budget.
Local gallery owner Bill Rey expressed concern about available parking in the town (so
as to improve the local business climate).
Local gallery manager Steven DeWitt also emphasized the importance of availability of
increased shopper parking.
The second item on the agenda was a joint work session with the Town Council, PEC, and
DRB to listen to a presentation on the Ever Vail project proposal from Vail Resorts
Development Company.
Ruther explained the purpose of the presentation was to unveil the specifics of the project
proposal to the decision -makers and community. Ruther continued, "Over the last two
months, staff has given presentations to Council, PEC, and the DRB regarding roles and
responsibilities, development review process, required criteria and findings, and
recommendations of the LionsHead Redevelopment Master Plan in order to set the
groundwork for this joint work session meeting and the upcoming development review
process. As this was only a work session, staff did not provide a recommendation. Vail
Resorts representative John Gamsey explained the proposals name, EverVail was derived
from the Vail Resorts commitment to the everlasting relationship between the mountain,
community rejuvenation of the entire West LionsHead area and the continuation of the Vail y,A .
renaissance. Gamsey emphasized Vail Resorts will continue to work on intensifying
demand for the Vail experience. "We need to connect Vail with the next generations... This
will keep Vail ahead of the competition and economy ... Time is working in our favor to
widen that gap when it comes to this product ... This is not the same product we have seen
in the past." Vail Resorts Development Company (VRDC) President Keith Fernandez
provided an overview of successful VRDC projects. Vail Resorts representative Michael
Brekka then provided a project overview. Vail Resorts representative Tom Miller discussed
the sustainability component of the project. "We want to do the right thing for the whole
community... We think sustainability is what sets this project apart." PEC member Michael
Kurz asked what VRDC intended to do about the projects close proximity to a Eagle River
Water and Sanitation District (ERWSD) wastewater treatment plant. Fernandez said Vail
Resorts was working with ERWSD and examining several mitigation options. PEC member
Susie Tjossem asked if the VRDC intended to increase skier days. Garnsey said the
potential carrying capacity of the mountain is up to 26,000 skiers as opposed to the current
"manage to" number of 19,900. "We think the town could easily handle increased skier
visits." Rogers asked what the VRDC intended to do to mitigate the projects impact on the
town's transit system. She then clarified bicycle paths connecting the project to the rest of
the community had been planned and that public parking was a large component of the
project. "If this is public parking I want it to be real public parking." She then applauded the
group for including employee housing in the proposal. Daly asked about the demographics
of the new generation Vail Resorts wanted to attract. He then asked what would take place
at the top of the proposed gondola area. Garnsey said the fifth mountain portal was really
about spreading out existing skiers and not creating increased skier visits. Brekka
emphasized the project was intended to house amenities to create a year' round tourist
destination. Garnsey said the live music venue would make the project attract younger
people. Foley clarified there was recognition of the need for a Simba Run underpass.
Miller said, "The Tax Increment Financing (TIF) dollars we are going to generate will allow
for the project to happen ... We think the right number to run the gondola is an additional
400 parking spaces." Hitt encouraged providing adequate skier drop-off and total mountain
connectivity. He also noted, "This whole thing might be the trigger that makes a Simba Run
underpass necessary." Cleveland remarked, "Skier drop-off is a big deal ... I do have some
real concerns about parking... Employee parking competes with skier parking today... We
need to have enough parking to alleviate our parking problem, which is the biggest black
eye this community has." Miller responded, "Everything in the project really revolves
around circulation." Cleveland then asked if a recycling site was proposed for the project.
He then clarified the build -out of the project would be difficult to project. An estimate of five
to eight years was given. Rogers expressed concern, "1 don't see how this project is going
to have anywhere near, appropriate parking for the public. Tjossem clarified a children s
center was not included in the proposal. Garnsey said the issue would be addressed. Vail
Mountain Chief Operating Officer Chris Jarnot said skier service space was included in the
proposal.
The third item on the agenda was the Town Manager's Report.
• Parking Update.
Public Works Director Greg Hall provided an early season parking update. He reported
that over the past weekend skier parking took place on the Frontage Road in front of
Safeway in West Vail. "We now have over 30 construction vanpools... The good news
is that they are not all parking in the parking structures... That's pretty significant... Due
to Vail Snowdaze (special events) we can expect to be on the Frontage Road next
2
week ... I think we have moved a good 300 cars out of the structure." Foley clarified to
date, parking revenue was up as compared to next year. Daly asked for year to year
comparisons in the future.
• Chamonix Planning Update.
Ruther said a preliminary report in regard to the proposed project had been received
earlier in the day. "The numbers are coming back more favorably... We are looking at
some numbers that are considerably lower than they were in the past." Zemler said a
Chamonix discussion would take place at the December 16, Council Meeting.
• Revenue Update.
Foley clarified the town's sales tax collections will remain over budget even if fourth
quarter collections are ten percent lower than that collected in the fourth quarter of
2007.
• Timber Ridge RFQ Update.
Zemler said a redeveloped Timber Ridge would definitely include year round leases (as
opposed to only seasonal). In regard to an upcoming redevelopment request for
qualifications (RFQ), Zemler commented, "All respondents will respond to the same
template... They will be due on the 6t' of January." Rogers clarified the RFQ would be
sent to a plethora of potential developers.
• 1-70 Fiber Optic Cable Installation.
Information Technology Director Ron Braden said the 1-70 Fiber Optic Cable Installation
was very close to completion. "Work continues from mile marker 182 to 177... We need
a few more days of sunshine to get four manholes in —The lateral connection to the
Public Works Administration Building is almost complete."
The fourth item on the agenda was the Consent Agenda.
a. Approval of 11.04.08 and 11.18.08 Town Council Minutes.
Foley moved to approve the minutes with minor amendments. Hitt seconded. The
motion passed unanimously, 7-0.
The fifth item on the agenda was the First reading of Ordinance No. 29, Series of 2008,
An Ordinance making supplemental appropriations to the Town of Vail General Fund,
Capital Projects Fund, Real Estate Transfer Tax Fund, and Debt Service Fund of the
2008 Budget for the Town of Vail, Colorado; and authorizing the expenditures of said
appropriations.
Hitt moved to approve the ordinance with Daly seconding. The motion passed
unanimously, 7-0.
The sixth item on the agenda was the First reading of Ordinance No. 30, Series of
2008, an Ordinance Amending Title 1, Chapter 3, Section 2 of the Vail Town Code by
the Addition of the Definition of the Word "Publication."
The 2009 budget was passed on second reading on November 18, 2008. The 2009
budget contemplated the elimination of funding for ordinance publication in the local
papers. Section 4.10 of the Town Charter requires publication of ordinances upon their
introduction and adoption. The Charter does not define what is required by "publication".
In 2007, the town spent $19,693 for publication of its ordinances in the Vail Daily,
requiring the Town Clerk to increase the office advertising budget during the third
supplemental appropriation by an additional $12,000. The Town Clerk has currently
spent $19,492 of the 2008 budget on publications of ordinances. Vail Daily Publisher
Steve Gall spoke in support of continuing to publish ordinances. Local newspaper
publisher Michael Caccioppo said the town does not have a right to change the definition
of public notice. Newbury said the measure would lead to more immediate publication of
ordinances as well as enhanced accuracy and validity. Newbury then moved to approve
the ordinance with Rogers seconding. Rogers said, "I don't have the slightest doubt that
what we are proposing to do is completely legal." The motion passed 5-2, with Foley
and Hitt opposed.
The seventh item on the agenda was the Second reading of Ordinance No. 22, Series
of 2008, repealing and re-enacting Ordinance No. 6, Series of 2005, Vail Village Inn,
amending and re-establishing the approved development plan for Phase III of Special
Development District (SDD) No. 6, pursuant to Article 12-9A-10, Amendment
Procedures, Vail Town Code, to allow for the conversion of an existing office and retail
space to residential for an addition to an existing dwelling unit, located at 68 Meadow
Drive/Lot O, Block 5D, Vail Village Filing 1.
Planner Nicole Peterson reported that on November 4, 2008, Council tabled the item to
the December 2, 2008, hearing and requested examples of public benefits in other
developments. On October 21, 2008, Council voted 5-2-0 to approve, with conditions,
Ordinance No. 22, Series of 2008, on first reading. On October 13, 2008, the PEC voted
2-1-1 (Kurz opposed, Pierce recused) to forward a recommendation of approval to
Council for the proposed amendments for SDD No. 6, Vail Village Inn, Phase III. Ruther
then provided a history of contemplated loading and delivery systems on the site. Daly
clarified there were three homeowner's associations within the SDD. Rogers expressed
concern that previous approvals were not completed and the issue of public benefits was
not resolved. She then insisted that if the ordinance was approved, the public benefit
would be completed prior to the residential conversion taking place. Daly clarified staff
did not believe the loss of commercial space was equivalent to the proposed public
improvements. Village Inn shop keeper Johnathon Staufer outlined the three
homeowners association's boundaries. Foley clarified Digits Nail Salon (located in the
development) would not close, only be relocated. Council then attempted to clarify that
all Village Inn plaza easements guarantee all homeowners associations must retain
public pedestrian and loading and delivery access. Daly wanted to know if the town was
a beneficiary of the proposal's easements. Newbury suggested additional public
benefits should be sought for the approval. Newbury commented, "I don't believe the
amount of fee -in -lieu is equivalent to the financial benefit the owners of the property will
be realizing...I am suggesting we pursue inclusionary zoning equivalent to 50% as
opposed to ten percent." Mire explained that Council's ability to exact additional monies
from the property owners in this situation was not codified. Ruther confirmed the original
loading and delivery improvements could not be constructed. Rogers moved to approve
the ordinance with Foley seconding. Rogers withheld her motion. Rogers then moved
to table the item with Newbury seconding. Vail Homeowners Association representative
Jim Lamont spoke in favor of Council sticking to their codified inclusionary
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standards. "The community expects an equal treatment approach." The motion failed, 3-
4, with Newbury, Rogers and Gordon voting in favor. Daly then moved to approve the
ordinance with Hitt seconding. The motion failed, 3-4 with Foley, Daly and Hitt voting in
favor. Cleveland commented, "I can't support the further erosion of commercial property
in town." Gordon then moved to table the item to the December 16"' meeting with Daly
seconding. The motion passed unanimously, 7-0.
The eighth item on the agenda was the Second Reading of Mill Levy Certification,
Ordinance No. 28, Series 2008.
Mill Levy Assessments must be certified to the County for collection annually; this
ordinance authorizes certification. Rogers moved to approve the ordinance with
Newbury seconding. The motion passed 6-1, with Hitt opposed.
The ninth item on the agenda was Adjournment.
Newbury moved to adjourn with Foley seconding at approximately 10:04 p.m. The
motion passed unanimously, 7-0.
ATTEST:
Lorelei Donaldson,
Town Clerk
r
Dick Cleveland, Mayor