HomeMy WebLinkAbout2008-03-04 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, March 4, 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
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
The first item on the agenda was Citizen Input.
Bill Hanlon recommended Council employ golf course planning/architectural
professionals to examine how the golf course could be altered to accommodate
an employee housing development.
Chris Fitzgerald encouraged Council to change its terminology to "affordable
housing" as opposed to "employee housing." He then recommended Council
consult with individuals on the town's master housing lottery list to gain a sense
of what the future homebuyers want in terms of housing product. This
information, he said, would be useful in the Chamonix site master planning
process.
The second item on the agenda was the Consent Agenda.
a. Approval of 02.05.08 & 02.19.08 Minutes.
Foley moved to approve the minutes with Rogers seconding. The motion
passed unanimously, 7-0.
The third item on the agenda was the Town Manager's Report.
• Proposed Agenda for Vail Town Meeting, March 11.
Silverthorn reviewed a proposed agenda for the annual town meeting to be held
from 5 to 7 p.m. March 11 at Donovan Pavilion.
• Revenue Update.
Budget and Financial Reporting Manager Kathleen Halloran reported when all
sales tax returns are received for the month of January, collections for the
month are expected to be $2.9 million, up 6% from January, 2007. For
comparison, inflation as measured by the consumer price index was up 4.2%
compared with the prior year. Use tax collections began as of January 1, 2008.
As of February 27, collections total $7,032. Construction permit revenue
currently totals $71.5K, down 82% from this time last year. The decrease is due
to a major project starting last year; there were only a small amount of permit
fees from on -going major projects in 2008. RETT collections through February
26, 2008, total $647,448. This amount is a 35% decrease from last year's
February primarily due to non -major redevelopment projects. Major
redevelopment projects such as Arrabelle, Forest Place, and Vail Plaza
account for 34% of year-to-date 2008 collections. RETT collections for 2007
(including cash received in 2008) now total $6.9M, or 11 % higher than full year
2006. Major redevelopment projects including Arrabelle, Cascade Residences,
Forest Place, Gore Creek Place, Manor Vail, One Willow Bridge Road, Vail
Plaza Hotel, and Westhaven at Cascade Village contributed $2.4 million or 35%
of the total in 2007 while only $1 million or 17% of the total in 2006 consisted of
major redevelopment projects. Meanwhile, RETT collections from property
transfers not related to major redevelopment projects dropped by 14% in 2007
compared with 2006.
• Road Closure Update.
In regard to the town's response to extended 1-70 road closures, Zemler
outlined new tactics and strategies that will be used to mitigate life safety
concerns and traffic congestion. Those efforts include activation of an
Emergency Operations Center for additional coordination, using Ford Park as a
checkpoint for local traffic to East Vail, additional use of variable messages
signs by CDOT and a public awareness campaign to promote the Eagle County
alert system for real-time road condition information. It was then reported that a
tabletop emergency exercise would take place in the spring and that meetings
are underway to create a comprehensive incident management plan involving
multiple agencies throughout Eagle County. In response to a question about
radio communication, Police Commander Susan Douglas said all of the town
emergency services personnel were able to communicate with each other on
the town's radio system. Dick Cleveland said the town would be hosting a
public meeting within the next month to get suggestions from residents on ways
to improve the situation during extended 1-70 closures. "This is an opportunity
to get some new input from residents on how this incident management plan
would work."
• Eagle County Request for Letters of Support.
Eagle County Manager Bruce Baumgartner asked for Council's support to
pursue federal funding for the Eagle County Airport 1-70
Interchange/Construction proposal. Baumgartner explained traffic from the
Eagle County Airport contributes to the morning and evening failures
(congestion) of the Town of Eagle's roundabouts. "One million dollars is
required to continue engineering on the project through 2008-2009." Daly
asked why all capital improvements needed at the airport were not
consolidated. Baumgartner explained funding for the various projects occurred
through numerous funding sources. Newbury asked how much time travelers
could expect to save through construction of a new interchange. Hitt asked if
the interchange proposal was the same as what was presented to Council in
years past. Newbury asked Public Works Director Greg Hall if this funding
request impacted Vail's chances of receiving federal funds for other projects in
the future. Hall said it could increase competition for new funds. Foley asked if
the county would return on March 18 to provide more information about the
proposal. Gordon then moved to table the discussion with Foley seconding.
The motion passed 6-1, Hitt opposed.
Baumgartner then asked for Council's support to pursue federal funding to
assist the Town of Red Cliff. "The current wastewater plant's discharge is in
violation of state standards on almost a daily basis ... It's also clearly a health
and safety issue ... The town is subject to fines of up to $10,000 a day for almost
every day it is in violation... They (Red Cliff residents) have very limited abilities
to deal with a problem like this." Rogers moved to approve sending a letter in
support of the $1 million federal funding request with Daly seconding. During a
pause for public comment, Tom Steinberg spoke in support of sending the
letter. The motion passed unanimously, 7-0.
Next, Zemler reminded Council of the upcoming Vail Veterans Soldiers
dinner at the Main Vail Fire Station on March 8.
The fourth item on the agenda was a Council on information gathered from
focus group and neighborhood meetings held on February 7, 2008 and
February 13, 2008. Staff is also requested Council take formal action to re-
affirm, with modifications, the planning goals and design parameters adopted
by Council on January 22, 2008.
Planner Scot Hunn asked Council to reaffirm, or modify, the planning goals and
design parameters adopted by the Town Council on January 22, 2008, based
on staffs recommendations and based on information gathered from focus
group participants and from the neighborhood meeting attendees. On February
7, 2008, staff and the consultant team held a series of 'focus group" meetings
with local employees, employers, emergency services providers and Town Staff
to discuss the current project. On February 13, 2008, staff and the consultant
team held a "neighborhood meeting" to share information about the current
master plan project with the public, and to gather information to be considered
in the design of the project. Hunn confirmed that Council's goals were in
alignment with the mood of the public. He also noted there may need to be
rental housing in coordination with the public facilities (separate
accommodations for student firefighters). Hunn then noted, "Potential users of
the housing do not support a pedestrian access thoroughfare through the
property." Daly clarified one bedroom units should not be a priority as they are
difficult to sell. "We should keep all our options open as we are in an
exploratory stage." Cleveland commented, "We are just asking if rental housing
should be an option?" He then emphasized that the property's uses should be
maximized but the quality of life of the neighborhood should not be jeopardized.
Foley clarified once there is an approved master plan on the site the
appropriate zoning would be enacted. Zemler said a focus group with
individuals from the Master Resale Lottery List would be assembled and
demand measured. During a pause for public comment, Kaye Ferry said there
was no need to build four bedroom units and there was small demand for one
bedrooms. Chris Fitzgerald asked how many people were on Master Resale
Lottery List. Housing Coordinator Nina Timm confirmed 33 people are on the
one and two bedroom list. Tom Steinberg encouraged Council to look at rental
units and make them available to other districts in the valley (ambulance, Eagle
River Water & Sanitation District). Daly moved to reaffirm the Council's goals
with Rogers seconding. The motion passed unanimously, 7-0.
The fifth item on the agenda was a Timber Ridge Redevelopment Update.
Council reviewed an overview of the Housing (H) Zone District provided by
staff in a memo. Zemler reported that in anticipation of purchasing and
redeveloping the Timber Ridge site, Lincoln Property Company Southwest was
requesting consideration of the following development alternatives:
1. To construct employee housing units at a floor area rate of 250 square feet
per employee, rather than a rate of 350 square feet as required by the Vail
Town Code.
2. To allow twenty-five percent (25%) of the total units on the Timber Ridge
site to be free-market dwelling units, rather than deed restricted employee
housing units.
3. To establish five-year rental leases as an employee housing mitigation,
rather than providing the mitigation through the methods required by the
Vail Town Code.
The town acquired Timber Ridge in 2003 and permanently deed restricted the
property with the requirement to maintain 600 affordable rental beds. It is the
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intention of the town to enter into an agreement with Lincoln Property Company
Southwest to purchase and redevelop the subject property. Open/Hospitality
partners representative Mark Masinter stated, "The latest numbers
(redevelopment costs) reflect just north of $107 million... We're pretty sure this
is a solid number ... The type of units used for this estimate were four bedroom
and two bath." In regard to using leases to mitigate for employee housing, Daly
commented, "I don't feel it meets our long term objectives for employee
housing requirements." Lincoln Properties Southwest (LPS) representative Jeff
Courtwright said there needs to be a basis reduction so rents can be
maintained at acceptable levels. Rogers said, "We do not want to diminish the
statutory requirements of the town to buy affordable housing. Cleveland said
he was opposed to adding some sort of lease mechanism to mitigate for
employee housing. Gordon asked if the Council could act as some sort of
partner or have an ownership stake in the property. Courtwright commented,
"We need the financial motivation (basis reduction) to get the rents to the place
they need to be." LPS used a $2,500 per month rent estimate in their project
pro forma. They stated their goal was to offer $1,700 per month rent for a four
bedroom unit. During a pause for public comment, Kaye Ferry said she thought
$2,500 per month rental amount was an acceptable market amount for Vail
today and suggested rejecting what she said was a push by Vail Resorts to
keep rents at $1,700 per month. She then spoke against selling the land.
Representing the Vail Village Homeowners Association, Jim Lamont suggested
creating a simpler model. He then warned of a potential recession impacting
the project's viability. Tom Steinberg said, 1 strongly feel we should not be
selling the land." Paul Rondeau encouraged Council to establish core
principles and use those to drive project requirements. "Stick to some
principles, and focus on your process. Gwen Scalpello asked what would
occur when it was time to redevelop the project in the future. "I would hate to
see one of you standing up here in twenty years saying, 'Oh dear, we have to
buy that property (again)' to preserve employee housing." Cleveland then
clarified the following points had met Council consensus: 250 square feet per
employee is acceptable; ability to market lease up to 25% of the units if there
are not enough eligible renters; it is appropriate to consider an additional
mechanism (i.e. reservation fees) to satisfy employee housing requirements.
The sixth item on the agenda was the First reading of Ordinance No. 4, Series
of 2008, an ordinance amending Section 12-14-20, Commercial Core
Construction, Vail Town Code, to allow for the extension of the commercial core
temporary construction signage for businesses.
Planner Warren Campbell reported that on May 3, 2005, the Town Council
adopted Section 12-14-20, Commercial Core Construction, Vail Town Code,
through Ordinance No. 10, Series of 2005. These regulations facilitated the
installation of temporary construction mitigation signs and fencing within the
Town's commercial areas to lessen the impact of redevelopment construction
on the Town's businesses, residents, and guests. These regulations are
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scheduled to expire on April 1, 2008. On February 25, 2008, the PEC voted 7-
0-0 to forward a recommendation of approval for text amendments to extend
the approval of the Commercial Core Construction regulations until April 1,
2010. Newbury moved to approve the ordinance with Daly seconding. The
motion passed unanimously, 6-0. Hitt left the Council Meeting prior to the item
due to illness.
The seventh item on the agenda was the Second reading of Ordinance No. 6,
Series of 2008, An Ordinance Amending Title 6, Chapter 3, Article D,
Regarding Offenses Against Public Peace.
Due to public transportation disturbances the Town of Vail Police Department
and the Bus Department requested an amendment to Title 6, Chapter 3, of the
Town Code to add a subsection that is similar to the C.R.S §18-9-114 for the
council's consideration. Daly moved to approve the ordinance with Rogers
seconding. The motion passed unanimously, 6-0. For more information,
contact Matt Mire at 479-2460.
The eighth item on the agenda was Resolution No. 2, Series of 2008, A
Resolution Approving a Master Facilities Lease Agreement with the Vail
Recreation District (VRD).
The town and the VRD entered into a master facilities lease agreement on
December 21, 1993, for all recreation facilities owned by the town and operated
by the VRD, exclusive of the Vail Golf Course and the Vail Gymnastics Facility.
The parties now desire to execute a new master lease regarding the same
facilities contemplated in the 1993 lease. On February 19t' the Council held a
work session, provided comments on the draft lease and directed staff to
present the same at the Council's next evening meeting for public comment
and approval. Daly moved to approve the resolution with Rogers seconding.
During a pause for public comment, VRD Chairman Scott Proper thanked staff
and Council for their diligent effort. Foley then thanked the VRD Board and
staff. The motion passed unanimously, 6-0.
The ninth item on the agenda was Resolution No. 4, Series of 2008. A
Resolution Approving the Amended 2008 Budget for the Vail Local Marketing
District (VLMD).
Earlier in the day the VLMDAC presented the 2008 marketing objectives and
creative samples for VLMD review. In addition, a request was made for an
allocation of $250,000 from the VLMD fund balance for new tactics to enhance
the 2008 summer marketing effort, including: Mountain Travel Symposium Vail
365 event; Colorado Tourism Office New York City public relations event,
partnered events with Outside GO and Mountain Living magazines; new video
and photography for the existing library; incremental destination online media
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buys; an opportunity fund to address changing market conditions and two
additional FAM (familiarization) trips to bring qualified meeting planners to Vail.
Newbury moved to approve the resolution with Rogers seconding. The motion
passed 5-1, with Foley opposed.
The tenth item on the agenda was Resolution Number 5, Series of 2008. A
resolution amending the Intergovernmental Agreement between the Town of
Vail and Solaris Metropolitan Districts 1, 2, & 3.
The Town of Vail and Solaris Metropolitan District Nos. 1, 2, and 3 (the
"Districts") entered into an Intergovernmental Agreement (the "IGA") on March
22, 2007, in accordance with the terms of the Districts' Service Plan approved
by the town on September 19, 2006. The IGA was executed while the Districts
were operating under the initial Service Plan, which imposed a debt cap of
twenty million dollars ($20,000,000). The town subsequently amended the
service plan in order to raise the debt cap to forty million dollars ($40,000,000).
The town approved the amended service plan in April, 2007. The IGA was not
revised when the town approved the amended service plan and needs to be
modified to reflect the terms of the amended service plan and the appropriate
debt. Daly asked about the impact the debt would have upon the homeowners.
Solaris Metropolitan District representative Reed Weily said the mill levy would
be similar to an amount found commonly in Beaver Creek. Newbury moved to
approve the resolution with Foley seconding.
The eleventh item on the agenda was Adjournment.
Foley moved to adjourn with Newbury seconding at approximately 9:10 p.m.
The motion passed unanimously, 6-0.
Dick Cleveland, Mayor
Minutes provided by Corey Swisher.