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HomeMy WebLinkAbout2010-12-07 Town Council MinutesVail Town Council Meeting Minutes Tuesday, December 7, 2010 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 Kevin Foley Kerry Donovan Kim Newbury Margaret Rogers Susie Tjossem Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Lorelei Donaldson, Town Clerk The first item on the agenda was Citizen Participation. Danny Padnick, resident of Vail, said he read in the Vail Daily that Council had banned Medical Marijuana. He said Teak Simonton shared the results of the last election, precinct by precinct, which was in favor of having medical marijuana and 62% of the Vail voters were in favor of it. He passed out results of the Eagle County election results from November 2, 2010; with the Town Council. He asked the Council to reconsider the resolution they passed in July. Jerry Olson, previous resident, offered himself as a resource on medical marijuana issues if the Council wants more information on the subject. Jim Lamont, Vail Homeowners Association (VHOA), invited the Council to attend the VHOA annual meeting on December 29, 2010 from 4 p.m. to 6 p.m. in the Town Council Chambers. Michael Cacioppo asked about the status of the Comcast franchise agreement and asked the Council to get additional cameras, switchers and other equipment necessary to bring their system up to speed in Vail. Cleveland stated a third party has been hired to do an audit of the Comcast system. The second item on the agenda was the Town Manager's Report. Kathleen Halloran, Budget Manager, reviewed the revenue update memorandum that was included in the Council packet for November 2010. Judy Camp, Finance Director, gave an update on the budget for Timber Ridge for 2011. Camp said the 2011 budget is cash positive. Daly asked why the rent figure dropped 44%. Camp said the drop was due to fewer units being master leased. In response to a question from Daly, Camp stated Corum Vail Town Council Meeting Minutes of December 7, 2010 Page 1 Real Estate Group is paid a flat fee to manage the property. Daly recommended future management agreements should include incentives for occupancy rates being met. Foley wanted to add seasonal leases as possibilities for leasing the units. The Third item on the agenda was a discussion and update on the 2015 World Championships. Ceil Folz, President of the Vail Valley Foundation (VVF), made a presentation to the Council regarding the 2015 World Championships. Folz stated six months ago Vail/Beaver Creek was awarded the World Cup Championships for 2015. Vail has hosted the 1989 and 1999 Championships and the VVF campaigned a third time as this benefited the area by being a worldwide resort area and opened us to the world. She said back in 1989 Vail only had 1% international guests. She explained how the sport has changed and what challenges the VVF is facing with the 2015 Championships including television costs, stadium replication costs, and operating costs. She said every decision made needs to be the best solution for the whole event. She explained that Beaver Creek would have the races and Vail would be celebration central hosting street parties, free ski central, and race feel where two to four days could host qualifying races at Golden Peak stadium. She presented a brief video on the 2015 Championships. Daly congratulated the VVF on the Birds of Prey event. Daly said he is delighted the Championships are coming back to Vail in 2015. He said Vail's heritage is ski racing and Vail was looking forward to technical races being in Vail. He asked how Vail's heritage fit in and what the implications will be for 2015. He said when the base of the Vista Bahn was completed, Council was told it would be a finish area for world championships. The Council wants the VVF to look into what it would take to allow Vail to have part of the championship races in Vail. He said that would give the Council some comfort on where this leaves Vail. Jerry Anderson, a FIS member, said it would be very expensive to add a stadium in Vail and twice as expensive to have journalists cover the championships. He said FIS and the journalists don't want two stadiums as it is cost prohibitive. Folz said the VVF has been trying to get the Women's World Championships to come to Vail. Daly asked who will be racing in the qualifying races. Folz said rules will be changing and some U.S. skiers and most of the other countries would be skiing in the qualifying races. Folz said the VVF will control television as they have to pay for it. They also have to provide a bundle of packages for sale to other countries and she said the Vail Council will participate with the VVF and come up with how Vail will participate in these packages. Cleveland wanted clarification on how Vail fits into the picture for the two weeks the Championships are here. Folz said most big sponsors would stay in Vail and Solaris is being looked at for the awards area. She stated the branding is "Vail/Beaver Creek" and that won't change for the next four years. She said both Beaver Creek and Vail are better together. Rogers asked how many people will be here. Folz said there was 69% occupancy during the 1999 Vail Town Council Meeting Minutes of December 7, 2010 Page 2 championships and this would be hard to predict. She said some of the goals are to have free never -ever skiing and to get young kids exposed to skiing. Newbury asked about transportation between both communities. Folz said it will be an enormous task. She said the VVF will be in partnership with the Denver Sports Commission and bring in a plethora of buses to have direct routes between Vail and Beaver Creek. Donovan stated she was at the races last weekend and there is a neat buzz about the 2015 championships and the racers, sponsors and others were excited about Vail and Beaver Creek having the championships. Tjossem said Daly spoke for everyone on the Council about how proud we are for last week's races and 2015 championships. Mike Cacioppo said he is trying to understand how this is a benefit for Vail. He said the headquarters for VRI is in Broomfield, and if the races for 2015 championships will be in Beaver Creek, where does that leave Vail residents. He said having the number one ski resort in the world, Vail, give funding to Beaver Creek, and give away the races to its competitors makes no sense. He wanted to know how much Vail residents will have to pay to support Beaver Creek. Caccioppo stated Vail can negotiate a deal with NBC, ABC, CBS, Fox Sports, ESPN, to wire Vail Mountain for free and they would jump at the chance with caveats. He said the idea that Vail can't have the races because it's too expensive for the television folks is not acceptable. The fourth item on the agenda was a presentation to the town council on the findings and recommendations of the Fiscal Impacts and Economic Analysis Report completed by Economic Planning Systems, Inc. (EPS) of the proposed Ever Vail project. George Ruther stated the Council instructed staff to contract consulting services from EPS to conduct a fiscal impact and economic analysis report of the proposed Ever Vail project. The reports are to address the projected fiscal impacts to the delivery of municipal services as a result of the development of the proposed Ever Vail project and model the economic impacts that may be realized to shift market share within the Town, projected sales tax collections and other economic affects of the project. He said it is important to note the applicant is proposing to change the land use. Andy Knudtsen and Brian Duffany, with EPS, made a presentation to the Council regarding the fiscal impacts and economic analysis of the Ever Vail project. Knudtsen went through a summary of their findings in the report. The role of EPS is to give the Council accurate data and bracketing and this analysis is supplemental to other criteria that will be used to evaluate the project. Their focus has been fiscal. The methodology was broken down in phases, annual performance at build out and stabilized occupancy, ongoing revenues, expenditures, parks, street and bus service, one time expenditures, etc. Duffany reviewed the range of fiscal impacts in all areas of town funds and responsibilities of each entity involved. He stated Ever Vail could be built out to about one half the size of Lionshead. The retail was reduced about 53,000 square feet from the original plan and would include a 14,000 square foot specialty food store, for a total Vail Town Council Meeting Minutes of December 7, 2010 Page 3 of approximately 700,000 square feet of retail space, if all of the proposed space is built out. Rogers wants to make sure the figures used are realistic and that cannibalization is not occurring. Rogers said the parking is a perennial problem and wanted to know what the impacts on loss of parking is to the town due to Ever Vail parking. Knudtsen said they can run scenarios but currently don't have data on it. He asked what parameters the Council wants tested. Ruther said the next step is a Planning and Environmental Commission (PEC) meeting in January of 2011 and staff will be getting more information to the Council by a memorandum which includes details on explanations of new revenues versus old revenues with assumptions made, gross revenue figure and net revenue figure. The fifth item on the agenda was second reading of Ordinance No. 18, Series 2010, an Ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Health Insurance Fund and Debt Service Fund of the 2010 Budget for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein; and setting forth details in regard thereto. Kathleen Halloran, Budget Manager, stated staff recommends approval of second reading of Ordinance No. 18, Series of 2010. Daly made a motion to approve Ordinance No. 18, Series of 2010; seconded by Rogers. A vote was taken, and a motion passed 6-1. Daly opposed. The sixth item on the agenda was second reading of Ordinance No. 20, Series of 2010, Mill Levy Certification. Kathleen Halloran, Budget Manager, said mill levy assessments must be certified to the County for collection annually and this ordinance authorizes certification. Newbury made a motion to approve; seconded by Tjossem. A vote was taken and the motion passed 7-0. The seventh item on the agenda was the presentation of Chamonix Commons design, cost estimates and construction phasing plan for civil engineering. George Ruther, Community Development Director, stated staff needs direction from Council on the next steps, if any, Council would like to take toward the construction of new employee housing units at Chamonix Commons. Vail Town Council Meeting Minutes of December 7, 2010 Page 4 In April, 2010, the Council authorized the expenditure of $50,000 to complete the design, cost estimates and construction phasing plan for the civil engineering at Chamonix Commons. On October 5, 2010, the Council provided staff with clarification regarding proposed site plan modifications. Based upon the input, the civil engineering plans for Chamonix Commons have been completed with five duplexes (10 units) taking access off Chamonix Lane and the interior connecting road and utilities designed to service either five buildings (40 units) or six buildings (48 units). The addition of up to 58 new employee housing units at Chamonix Commons is a high priority action identified in the Employee Housing Strategic Plan and will help ensure the town achieves its stated goal of having deed restricted housing for at least 30% of Vail's workforce within the Town of Vail. Ruther explained the details of the memorandum to the Council regarding the two phases of the project. Phase I includes the duplexes (five) on the north side of the project. Phase II is a multi -family project (44 units) which is on the south side of the site. Ruther requested the Council give staff direction on next steps. Rogers said before they commit dollars to this project, a marketing study will need to be done to make sure there is a need for this project. Ruther said the market analysis and proforma should be done before a Request for Proposal (RFP) is requested. Cleveland stated the town has another housing project out there without answers, Timber Ridge. He is reluctant to spend money on a new project when a current project will need funding and he wants to wait until answers on Timber Ridge are completed. Daly said Phase One may be done by pre -sales to employees from other partners like the hospital or the water district and may be doable, but Phase Two may be harder to get done. Newbury wanted to know if the market study would be done for just Phase One or the whole project. Ruther stated the whole project would be done. Council directed staff to do a market study and proforma in sixty days. Steve Lindstrom, a Housing Authority board member, said this is a better, improved site plan. The Phase II site could be changed into duplexes or whatever the market study recommended. He said the Housing Authority supports moving forward incrementally if need be. The eighth item on the agenda was a discussion on Town of Vail policies for public parking on private property. George Ruther, Community Development Director, gave Council a brief presentation and discussed the goals, objectives, policies and action steps of the staff memorandum and asked Council to provide direction to staff. He said staff has seen increased action in the private sector to participate in parking in the town; parking clubs have shown up, Vail Town Council Meeting Minutes of December 7, 2010 Page 5 private parking structures have been constructed, and parking issues are continuing to rise and need to be addressed. Zemler said the staff wants to help facilitate this issue and how to make it work for all parties. Cleveland said are we dancing around the "hawking" issue. Newbury said the town needs to do what is best for the guests and everyone needs clarity on the regulations. Donovan said its how we direct the guests to parking areas in a world class resort. Tjossem said Council encouraged private developers to add parking to their projects. She said the town needs to be proactive and help developers recover the costs. Zemler said they need to work through this issue via signage; there is a difference between the staff coordinating parking and private entities having someone out on the streets directing people to their private garages. Zemler stated there are currently several entities that are doing this, including, Solaris, Manor Vail, Cascade, and Arrabelle. Daly said to keep the end in sight. It's how we communicate the parking with our guests. He suggests putting together a group of people including Vail Resorts, Solaris, and other interested parties and get input from those people who will be most innovative to help modify our codes. Rogers said the issue is confusion not competition. She said the signage doesn't distinguish between private and public parking areas. Zemler said the town is producing information regarding location and type of parking in town. Rogers said they need to distinguish between municipal parking lots versus private parking lots and signage may need to change for municipal lots. She also said she had no problem with someone out on the streets with a sign. Ruther said if a person has signs that say what their prices are it would help. Zemler asked to start with the "hawking" piece and asked if Council is comfortable with people with signs out there. Ruther said if the stakeholders were to come together, they would like to have Council give parameters and what they don't want, that would help. Cleveland said it has to start with signage and asked how many council members want people standing out on the streets. Tjossem said that could work for grand openings. Donovan said she was concerned that the signage would then flow to other businesses wanting signs out on the streets as well. Newbury said last year the number one problem was parking and private developers are trying to help that issue. She wants staff to come up with ideas for a win/win situation for everyone. Peter Knobel, developer of Solaris, said there are 318 parking spaces under Solaris. He said through Vail Resort advertising, at peak times, 100 people have found their garage. He said Solaris plans on having a Santa Claus stand outside and direct guests to park at Solaris starting Friday. He said the sign code needs to be changed. He said he wants someone out on the street getting people in the Solaris garage. Ruther said the time frame, including talking to the stakeholders, going to the Planning and Environmental Commission (PEC), and two readings of an ordinance to Council will Vail Town Council Meeting Minutes of December 7, 2010 Page 6 be a minimum of sixty days out. Zemler asked what can be done in the next 60-90 days to improve this situation. Ruther said Solaris can add signage. Tjossem asked if a special event promotion permit may be used. Brandmeyer said the permit allows a business to have a special promotion for three days, a maximum of four times a year. Cacioppo stated there is a simple solution to have two simple signs for all the parking garages so people have a choice. Jeff Babb, with Vail Resorts, Inc. (VRI) said one of the town's priorities was reducing parking on the Frontage Road. Adam Sutner, with VRI, said real time parking has begun on the VRI website. He said educating people about this website is the easiest solution for parking choices via website, face book, and letting people know what the options are through joint collaborative efforts and marketing. He said there currently isn't a communication plan in place. Lamont said there are two levels of discussion, using the internet and variable message signs and to have uniform signs. Zemler suggested the town do nothing at this time. He said it's not the town's job to get guests into private parking structures. He said unless the town amends the regulations, the town should do nothing. He said that we need to ramp up education and get people into various parking garages. Ruther said if the town is looking for a solution, an emergency ordinance can be approved and then the town can work with the stakeholders to help put it into place within 14 days and keep the integrity of the current ordinances. The Council instructed staff to draft an emergency ordinance to allow directional signage for public parking on private property and bring it back for the December 21, 2010, meeting. Zemler emphasized the town staff will continue to administer the current code. The ninth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Design Review Board denial of a minor exterior alteration application to allow for the installation of special event banner poles in the street right-of-way generally located at the intersection of East Meadow Drive and Willow Bridge Road, and setting forth details in regard thereto. Bill Gibson, Town Planner, requested the Council grant a continuance of this appeal to the Town Council's December 21, 2010 public hearing. Newbury made a motion to continue to the December 21st meeting, the motion was seconded by Andy Daly. A vote was taken and passed 7-0. The tenth item on the agenda was second reading of Ordinance No. 15, Series of 2010, an ordinance amending Chapter 12-6, Residential Districts, Vail Town Code, to establish the Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. Vail Town Council Meeting Minutes of December 7, 2010 Page 7 Bill Gibson, Town Planner, requested the council continue the second reading of Ordinance No. 15, Series of 2010, to the Vail Town Council's December 21, 2010, public hearing. Newbury made a motion to continue to the December 21, 2010 meeting; and Daly seconded the motion. A vote was taken and passed 7-0. The eleventh item on the agenda was Resolution 23, Series of 2010, a resolution amending Chapter VII, Vail Village Sub -Areas, East Gore Creek Sub -Area (#6) to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. This resolution is being reviewed in association with the proposed Ordinance No. 15, Series of 2010. Bill Gibson, Town Planner, requested the Council continue Resolution No. 23, Series of 2010, to the Council's December 21, 2010 public hearing. Daly made a motion to continue Resolution No. 23; Series of 2010 to the December 21, 2010 meeting, Tjossem seconded the motion. A vote was taken and passed 7-0. The twelfth item on the agenda was adjournment. Newbury made a motion to adjourn; the motion was seconded by Foley. A vote was taken and passed 7-0. The meeting adjourned at 10:15 p.m. Respectfully submitted, •••.• Richard D.4evelaMayor Attest: �t�orel9i" Donalds6n, Town Clerk Vail Town Council Meeting Minutes of December 7, 2010 Page 8