HomeMy WebLinkAbout2011-06-07 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, June 7, 2011
2:30 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 2:30
P.M. by Mayor Dick Cleveland.
Members present: Dick Cleveland, Mayor
Andy Daly
Kerry Donovan
Kim Newbury
Margaret Rogers
Susie Tjossem
Kevin Foley
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was the Consent Agenda:
Judy Camp, Finance Director, reviewed the 2012 Budget Timetable and Philosophy with
the Town Council.
Daly said Council should be given the guidelines to review before they are handed out
to staff on June 9"'. He said Council should discuss compensation before staff budgets
for it.
Camp said this is a more broad -based budget guideline for staff. She said this does not
include compensation guidelines. This document is for staff to work department
budgets for 2012. Zemler agreed.
Daly stated the other item he wanted to discuss is a review of the Vail Local Marketing
District (VLMD) board 2012 budget and the Commission on Special Events (CSE) 2012
budget at the same time. Zemler said the CSE budget should continue to be part of the
general fund budget discussion. The VLMD budget is a separate board budget. He said
the town can try to parallel both budgets after the discussion on the general fund
budget.
Cleveland said the 2011-2012 Parking Task Force language needs to be taken out.
Camp said staff will make that change.
Town of Vail Council Minutes of June 7, 2011 Page 1
The second item on the agenda was the Town Manager Report.
Judy Camp, Finance Director, presented the March Revenue Highlights to Council. She
stated the estimated sales tax for April 2011 was $1,184,449, up 4.4% from budget and
2.4% from last year. She said the ski season (November -April) is up 11.3% from the
prior year and inflation was up 3.2% in April, as measured by the consumer price index.
She also stated the Real Estate Transfer Tax (RETT) collections through May totaled
$1,982,842, down 7.6% from last year. The annual budgeted revenue of $4.7 million is
a 32% decrease from 2010 collections. Approximately $938,930 or 47.3% is from
major redevelopment projects; $1,043.912 or down 9.0%, is not related to major
redevelopment projects from this time last year. Across all funds and revenue accounts
through May, 2011, a total revenue of $25.9 million is up 1.2% year-to-date from this
time last year and up 3.5% from the budget. Currently, the town has received 48% of
the total budgeted revenues for the year.
Foley requested an update on Use Tax collections. Camp said she will check on this
and e-mail the information to Council.
The third item on the agenda was Resolution No. 11, Series of 2011; the acceptance of
the donation of Glen Lyon Subdivision Tract H.
George Ruther, Community Development Director, stated the owner of Glen Lyon
Subdivision Tract H (the "Property") would like to donate the property to the Town of
Vail. Passage of Resolution No. 11 would authorize the Town Manager to execute, on
behalf of the town, an agreement to accept the property as part of the Town's open
space inventory.
Daly made a motion to approve Resolution No. 11 and accept the donation of Glen Lyon
Subdivision Tract H; and the motion was seconded by Rogers. A vote was taken and
the motion passed, 7-0.
The fourth item on the agenda was second reading of Ordinance No. 13, Series of
2011, an ordinance defining Electronic Personal Assistive Mobility Device ("EPAMD");
and establishing regulations regarding the operation of such devices in the Town of
Vail; and setting forth details in regard thereto.
Matt Mire, Town Attorney, said Electronic Personal Assistive Mobility Devices ("EPAMD")
had been operating in the town on a trial basis since June of 2009, and the Council now
wishes to permit the operation of EPAMD'S on a permanent basis. Pursuant to Colorado
law this Ordinance is required to permit the operation of EPAMD's over and upon the
Town's recreation paths. The place in the code for this device is in the model traffic
code section of the Code.
Town of Vail Council Minutes of June 7, 2011 Page 2
Daly made a motion to approve second reading of Ordinance No. 13, Series of 2011,
and the motion was seconded by Newbury. A vote was taken and the motion passed
unanimously, 7-0.
The fifth item on the agenda was an update on the Premier Impressions Program.
Rich Ten Braak, President of the Vail Chamber & Business Association (VCBA) gave an
update on Premier Impressions program for 2010-2011 winter season. He stated this
program is a town -wide customer service program. They had 234 nominations this year
and culled down the applications to 102 nominations that showed exemplary customer
service. He said these nominations represented the cream of the crop of people that
provide customer service in town. He asked if Council wanted to expand the program
and make it a six month program. He stated the town contributes $10,000; Vail
Resorts contributes $15,000; and the VCBA contributes $5,000 to this program.
Daly said he supports extending the program into the summer months, July and August
and starting in December and going through March. Rogers said she wanted to see the
program expanded if the cost is justifiable. She stated she wanted to see an increase in
nominations but not necessarily an increase of the prizes or compensation.
Ten Braak said only one gift card is given out per person no matter how many times
they are nominated. They are recognized in the newspaper each time but only get one
gift card.
Cleveland said he would like to see the cost of expanding the program to July, August,
and December. Ten Braak said he will look at the numbers and get back to Council.
He said the VCBA appreciates the support the Council has given this program through
the years.
The sixth item on the agenda was a presentation of the 2010 audited financial
statements by Michael Jenkins, with McMahan and Associates, LLC.
Judy Camp, Finance Director, stated in accordance with section 9.11 of the Vail Town
Charter, an independent audit shall be made of all town accounts at least annually. The
audit is conducted by certified public accountants and copies are available for public
inspection at the municipal building. The 2010 audit was conducted by McMahan and
Associates, LLC. Michael Jenkins, C.A, CPA, and a principal of the firm, presented the
results of the audit to Council and the public. Sandra Norikane, Senior Auditor, was
also present. Jenkins stated the town received the cleanest and highest audit available
in the industry. The 2010 report includes audit reports on the town's use of reporting
and was compliant in all areas.
Town of Vail Council Minutes of June 7, 2011 Page 3
He said the total assets, substantial cash at end of year and the statement of activities,
increased $13.9 million or 9% from the prior year. The short term perspective, net
increase in fund balances of $22 million, was due to the bonds. Since the town is
dependent on various distributions of revenues, expenses and expenditures, capital
expenditures for the West Vail fire station and the transit center were included. Budget
comparisons in the general fund, expenditures, the capital projects fund, revenues, and
the RETT fund showed increases were much stronger than 2009. He said the over all
fiscal health of the town and general trend are positive. He stated the town has
historically budgeted conservatively and was aggressive in cutting costs. The town has
a relatively small debt load compared to its size and other municipalities. Timber Ridge
benefited from low interest rates in the past couple of years. As part of the process,
they look at accounting controls and business operations of the town. They feel the
town's business operations are sound and the town has good people in all departments.
Good business decisions are being made, with the policies consistent and conservative.
He said they can't ask for better than that. Rogers said she would like to see a report
like this every year.
Jim Lamont, representing the Vail Homeowners Association, asked about total
revenues, and how much do the parking revenues make up the general sales tax
category revenue. He said a research project from California had some real world
comparisons from Aspen, Telluride and Vail and these are the best well run. Camp said
last year parking was $5 million or 9% of all funds.
Cleveland said staff should be commended and he gave credit to staff and Zemler for
the great report and the way the town's finances are handled. Camp said Zemler will
be serving staff cake to thank them for a job well done.
The seventh item on the agenda was a request to proceed through the development
review process with a proposal to re -construct and maintain existing private
improvements (stairs and deck) on the Town of Vail owned Gore Creek stream tract,
Tract A, Vail Village Filing 5, generally located adjacent to the Vail Trails East
Condominiums at 433 Gore Creek Drive.
Bill Gibson, Planner, said the Town of Vail development review process requires all
applications to have the authorization of the property owner. Since the subject private
improvements are located on Town of Vail owned property, the applicant must obtain
the Vail Town Council's property owner authorization before proceeding with
applications to re -construct and maintain the existing stairs and portions of the deck.
This property was built in 1964 and was under Eagle County jurisdiction at that time.
There is evidence that the stairs have been in since 1984.
Gibson said there was no record that the subject stairs or deck were originally
constructed with property owner approval from either Vail Resorts or the Town of Vail.
Town of Vail Council Minutes of June 7, 2011 Page 4
Additionally, there is no record that the subject stairs or deck was originally constructed
with development review approval from either Eagle County or the Town of Vail. He
said on October 6, 2009, the Council directed staff to maintain a ` zero tolerance policy
9
for allowingillegal private encroachments on town -owned stream tract lands. This
policy was initiated to protect Vail's waterways and their surrounding riparian buffer
zones, to provide public access to these recreational amenities and to prevent the
privatization of public property. Based upon this policy direction, staff recommends the
Council deny the applicant's requests.
Steven Riden, Architect, the applicant's representative, stated the applicant was
requesting Council approve or approve with conditions, the request for property owner
authorization to proceed through the town's development review process. Riden said
the applicant's respect the stream tract guidelines. The condominium declarations that
existed signed off the rights at the east end of the unit and it is a common element.
Since 1964, Unit 16B has always accessed their unit from the back door by the creek.
On the original architectural plans, there were stairs that were allowed in 1964.
However the unit has been remodeled and does not have stairs to 16B. There had
been a dirt path. In 1964, it wasn't necessary to produce a site plan. When it was
platted, it has had this shape since 1965. Some time before 1980-81, the pathway was
improved and maintained. There was no requirement to supply documentation to
provide for improvements; however, it is on a plat dated 1991. There is a right-of-way
easement for the front of the property but not the back. This presents an opportunity
to enhance the property to have access by the public. As time passes, this is one of the
oldest properties in town and this structure will have to be re -built in the future and at
that time it could be restructured.
Daly said he is in favor of going through the process but wants the walkway as close to
the building as possible.
Rogers made a motion to approve the request to proceed through the development
review process and get Design Review Board approval and enter into an agreement;
and the motion was seconded by Foley. Additional discussion ensued. Daly was not in
favor of the deck as was presented as it was too big. Newbury said she would be more
inclined to approve it if they didn't go into the stream tract. Daly, Donovan and
Newbury agreed. Rogers modified her motion to include the project be as minimal as
reasonable. Foley seconded the motion, the motion passed 7-0.
The eighth item on the agenda was a request to proceed through the development
review process with a proposal to re -construct, snow melt, and maintain stairs in the
Lionshead mall adjacent to Billy's Island Grill, located at Tract C, Lionshead, 6th Filing.
Bill Gibson, Planner, said the Town of Vail development review process requires all
Town of Vail Council Minutes of June 7, 2011 Page 5
applications to have the authorization of the property owner. Since the subject private
improvements are located on Town of Vail owned property, the applicant must obtain
the Council's property owner authorization before proceeding with applications to re-
construct the subject stairs. This connects the deck to the mall.
Mark Hallenbeck, Rocky Mountain Construction Group, said on behalf of the property
owner, he requested the Council approve the property owner authorization to proceed
through the Town's development review process. The stairs have been very unsafe and
they want to improve the condition of the stairs.
Cleveland asked if the existing rock veneer will be tied to the stairs. Hallenbeck said
the railings will be tied in but not the stone. Cleveland said it will be up to the Design
Review Board to address.
Newbury made a motion to approve; and the motion was seconded by Daly. A vote
was taken and the motion passed unanimously, 7-0.
The ninth item on the agenda was a discussion of the final, revised Town of Vail
Facility -Wide Energy Conservation Project
Kristen Bertuglia, requested the Council provide feedback on the answers to questions
posed at the April 19, 2011, Council work session regarding the energy conservation
measures proposed within the Facility Wide Energy Conservation Project, and to provide
direction to staff on whether to proceed to contract with Johnson Controls Inc., for the
project as written, proceed with modifications, or not to proceed.
Bertuglia said buildings are the largest source (71%) of the Town's energy consumption
and greenhouse gas emissions, contributing over 8,400 tons of carbon dioxide (CO2)
into the atmosphere in 2006 (GHG emissions as of 2009 were 9,497 tons CO2 for the
facilities included in this project). Therefore, in effort to achieve the Town of Vail's
stated sustainability goal of reducing energy consumption and greenhouse gas
emissions by 20% by 2020, the Town of Vail contracted with Johnson Controls, Inc., an
Energy Services Company (ESCO) in December, 2010, to perform energy audits on all
Town -owned facilities and to create a detailed energy efficiency implementation plan, or
"performance contract," to guide the Town in selecting priority upgrades to individual
building systems. The goal was to achieve as close to a 20% reduction in energy
consumption and greenhouse gas (GHG) emissions as possible, while achieving a
payback period of 15 years for the overall project. Further background information on
the project process may be found in the Attachment A. The final project provides a 15
year payback and a 12% reduction in overall energy and greenhouse gas emissions,
and was presented to the Council at the April 19th, 2011 work session. At that time the
Council posed the following questions:
Town of Vail Council Minutes of June 7, 2011 Page 6
1. Which energy improvement measures are included at each site, and what is the cost,
greenhouse gas emissions savings, and operational savings breakdown?
2. How were projects bid, and what is the contractor selection process?
3. If the project provides a 12% reduction in energy and greenhouse gas emissions
overall, how will the Town address the remaining 8%?
4. What is the Johnson Controls fee percentage breakdown?
Bertuglia reviewed each question and answer with the Council from the memorandum.
She said the final project is a $3.2 million investment in the Town's facilities, with a 15-
year payback, providing over $2.8 million in energy savings and $258,000 in operations
and maintenance savings over the life of the term. When the list of sites was reviewed,
the fire station, community development building and the municipal building were taken
out.
Rogers asked if we could ask private properties to participate with us. Kristen said last
year the town helped with energy rebates with the community and that may be a
possibility and she will look into it.
Daly said a fifteen year payback is terrible and wanted to know where this figure came
from. Bertuglia said there is a typical 15-20 year payback. Dennis Haslack, with
Johnson Controls, said 15-20 years is an average payback with the town's goal of a 15-
year payback. $3 million was the figure they came up with for a 15-year payback. Daly
said the Lionshead Transportation Center has minimal payback. Haslack said the true
return is about $250,000. Greg Hall said staff looked at all energy projects in the town
offices. He said there were guest enhancement features, how often to maintain
projects, consistent fixtures, and they were conservative on the utility side at 3% per
year. He said currently Holy Cross is contemplating 6%. Additional discussion ensued.
Cleveland asked what the implementation period would be for this project. Haslack
stated it is currently a 10-month time frame from start to finish. Hall said a big part of
this is budgeted in operational expenses. Capital funds, Real Estate Transfer Tax,
reserves and general fund will be used.
Rogers said she is in favor of this project as this is more than dollars and sense. It's
making an investment in our environment. She said staff has done a good job in
cutting the projects and costs to make this work. She said the Council needs to take a
community leadership role and bite the bullet. She said staff has done an excellent job.
Rogers made a motion to move forward with this project; and the motion was seconded
by Newbury. Daly agreed staff has done a great job. He said other commitments
include accountability and fiscal responsibility. He said this project doesn't make
business sense. He suggested reducing the scope of the projects to have a 10-year
Town of Vail Council Minutes of June 7, 2011 Page 7
payback and not to do the marginal projects. He wanted the Lionshead Parking
Structure taken out of the mix.
Tjossem said one of the things looked at were safety of the guests at the structures.
Hall said the energy savings were not just for savings in Lionshead; it includes safety
issues as well. Newbury said it is a guest enhancement for lighting and energy savings
as well.
Zemler said if a departure from bundling was the way the Council wanted to go then
this was a great departure from how this project has been handled the last two years.
Tjossem said if the Council wants to pick which projects get approved, this is very
different from what had been asked. She said the bundling was going to unravel and
the costs would go up.
Hall said they looked at projects that were high impact and high visibility on the list and
that's why the Lionshead Parking Structure is on the list. He said staff and Johnson
controls really scrutinized the projects.
Cleveland asked for public comment. There was no public comment.
Rogers made a motion to proceed to contract with Johnson Controls Inc., to complete
the facility wide energy conservation project as the current, revised contract as written
and the motion was seconded by Newbury. A vote was taken and passed 5-2, with
Daly and Tjossem opposed.
The tenth item on the agenda was a dinner break which was taken at 4:35 p.m.
The Evening Council meeting resumed at 6:00 p.m.
The eleventh item on the agenda was Citizen Participation. There was no public
comment.
The twelvth item on the agenda was the 2011 Vail Youth Recognition Award
Presentations.
Scott O'Connell, representing Vail Valley Exchange, stated he is presenting the 2011 Vail
Youth Recognition Awards to Kendall Deighan from Vail Mountain School and Jessica
Law from Battle Mountain High School. He stated the criteria for which the students
qualified. He congratulated each student and presented the 2011 awards to Deighan
and Law, which included a $1,000 scholarship check each.
Town of Vail Council Minutes of June 7, 2011 Page 8
The thirteenth item on the agenda was an update on the Forest Service Wildland
Mitigation Projects.
David Neely, District Ranger for the U.S. Forest Service/Eagle/Holy Cross Ranger District
reviewed various projects in the Forest Service that are planned in areas adjacent to the
Town of Vail. He said this was an opportunity for questions and clarifications from
Council and the public. Red Sandstone is one of the busiest roads in the Forest Service
areas in the country. It is important they go through and get rid of hazards along this
road. The intention is to have operators progress up the road as the snow melts. They
need to mobilize vehicles and equipment through town and up Red Sandstone Road.
The trees will be "decked" up Muddy Pass Road and hauled out on that road and not
through town. Road closures may not be extensive but they need to prioritize and be
efficient and safe as possible. The Forest Service will keep in contact with the town so
they can deal with any questions that may come up with the community and Council.
Donovan asked about signage lower on the road so guests know there may be four
hour road closures. Neely said yes, they are planning on signage and the time frame
may be less but they may need the whole four hours or regulate traffic with flaggers.
He said bicycle traffic will need to be out of that area.
Daly asked about what will be happening on Vail Mountain. Neely said there may be
hazard mitigation on the mountain this summer. Vail Resorts has chosen to burn the
materials instead of bringing it down the mountain. However, they may see two to
three log trucks a day bringing out the materials, if it is worth it. The adventure zones
on the mountain are the target zones.
Daly asked about the removal of forest service offices at Dowd Junction and moving
them to Eagle. Neely said these two places are in need of repair. The Forest Service
hasn't made a decision of where to locate an Eagle/Holy Cross Ranger District. He said
because of their spacial needs, Eagle is centrally located but it's further away from
some constituents. Options include a competitive sale or direct sale. The have been in
conversation with Eagle County and other organizations interested in the site and how
to proceed. The timeframe for the decision is based on approval from the dept of
agriculture before they can move forward. Environmental work will begin this summer.
And they will have to have public comment. If the town was interested, it will be
through a process.
Neely also stated fire season has begun. Wild fires are part of the ecosystem. When
the time comes, aggressive suppression and ecological systems will need to be taken
into consideration as aggressive suppression doesn't always work and makes it difficult.
Other areas will have to have values in place to decide whether to let the fire manage
itself. Public safety and fire manager safety are issues so they do their job responsibly.
Town of Vail Council Minutes of June 7, 2011 Page 9
He said managing a balanced program is their goal.
Jim Lamont, representing the Vail Homeowners Association, said he wants the
neighborhoods and associations to have a better opportunity to respond. Neely said
the information is on the Forest Service website. If people want to be on their list for
information, they can sign up and get the information via email. He said whenever a
notice of a hearing or process is forwarded to the town, Suzanne Silverthorne can then
forward to the town's constituents.
Rogers asked if they were going to diversify beyond lodgepole pines. Neely said they
are working on adding and diversifying species mix and age mix of a variety of trees.
Cleveland thanked Neely for his update.
The fourteenth item on the agenda was the proposed projects under consideration for
Conference Center funds.
Stan Zemler, Town Manager, requested Council provide direction regarding projects
proposed for consideration on a November ballot for use of $9.4 million Conference
Center funds. He said in April 2011, the Council directed the staff to begin preparing
for a November 8, 2011, election to seek public approval for use of the Conference
Center funds. In addition, Council requested additional input from the public and
Council on the various projects that were proposed and return with a possible list of
projects for the ballot. Council also directed that the ballot should include specific
projects that would be selected by Council. Staff returned with an update and
recommendation of projects for consideration.
Zemler said they had many opportunities to meet with various groups to get community
feedback on the conference center funds. He said approximately 50 comments were
collected. He said the town has been working with a consultant for over two years and
they have done a great job in getting information gathered. He said there are Phase 1
and Phase 2 stages of how to proceed. The golf course clubhouse garnered the most
favorable votes and expansion of recreation fields received moderate support.
Staff strongly recommends polling the public and wants clear direction from Council on
which two to three projects should be included. At the Vail Golf Clubhouse, the
remodel and addition of event space would be approximately $3.8 million; Ford Park
Sports Complex includes expansion of athletic fields and additional bathroom facilities at
a cost of $3.5 million; and the third project is the Ford Amphitheater remodel including
a stepped down lawn area, addition of a plaza and circulation/road improvements at
$2.1 million.
Town of Vail Council Minutes of June 7, 2011 Page 10
The Ford Park sports complex had the most changes; creating two full length soccer
fields and allows for full multi -use fields, with a snack bar or pavilion with a shaded
area. This remodel also adds a storage facility and bathroom on the western edge of
the field area and a new turf surface and irrigation for the whole area. Near the tennis
courts, there is no grand entry or logical entry into the alpine gardens. There is a need
to create an entry to the west of the tennis courts to the alpine gardens as well. They
shifted the fields north and added more garden area to buffer between the gardens and
the softball fields. Access to all areas of the park are to make improvements and fulfills
some of the components of the master plan, including loading area access and fixing
the function of the park. The town staff would look to use capital and Real Estate Tax
Transfer funds to fix these. The amphitheater is $2.1 million and is a bit short but the
Vail Valley Foundation (WF) will match the $2.1 million in fundraising dollars. This
funding would go to stepped down seating on the lawn, big television's in locations that
people on the lawn could view better, new bathrooms, new concessions and new entry
plaza.
Zemler said the third component included an information center and guest services
enhancement piece but they are not part of these discussions as they didn't get much
synergy to them. Staff is working on revising the five-year capital plan and will move
the information center into a higher priority category through that process. The
projects as proposed have a shortfall of $1.2 million for all three projects.
Complementary projects include an alpine garden expansion and new entry, but they
lose 19 parking spaces by including the addition. He said generating new economic
activity would be the pavilion at the clubhouse.
Jack Hunn, with the WF, said the lawn seating would not generate new heads in beds.
However making the seats more comfortable and utilized better is a major goal.
Newbury said she thinks they are diluting the funds. She wants to hear from the
community to see if they want to take the amphitheater out of the mix and not lose the
funds and add more dollars to the pavilion concept. Rogers was discouraged that there
were a large percentage of comments from the community that they want to go slower.
She wants to know if there should be an item on the ballot that can state the town save
the money for a to -be -determined project in the future. She said because of lack of
real enthusiasm for any of the projects, she doesn't want to lose the money because
there isn't a consensus. She wants to give the public the ability to give the Council
authority to keep the money until something better comes along. Zemler said the
pollsters wouldn't be adverse to asking that question. He said this is a poll not a vote.
Donovan said she has spoken to several community groups and constituencies and
there isn't a magic bullet or project out there that people said Vail needs. She said
bringing up to par some of the town's assets with the renaissance is what is needed.
Town of Vail Council Minutes of June 7, 2011 Page 11
Michael Cacioppo, stated this topic has been going on forever. He said the idea that
the town lost the money for a conference center is disappointing. He said the original
intent of the funds was for convention center, to get heads in beds and bring in money
to support the economy. He said the golf course looks like a 1950's building and needs
to be replaced. The pavilion makes sense, and the idea of adding to the fields to keep
the events makes sense and keeps heads in beds. However, he had an objection to
expanding the west side of the softball fields. He said it's 2011, the town has talked
about this enough. Either refund the funds to the tax payers or spend it on two
projects that will bring heads in beds. Cacioppo said the amphitheater doesn't fit the
criteria of heads in beds. At this point, voters need to vote
Alan Kosloff, Chairman of Bravo! Vail Valley Music Festival, stated the funds should be
used to upgrade projects that have fallen lower than the quality of Vail's service. He
said all three projects will put heads in beds. He thinks the amphitheater has a great
impact as Bravo! brings in 60,000 guests each season to the amphitheater. The whole
of the VVF proposal has a lot of merit and making the Ford Amphitheater a world class
experience is important. He encouraged the Council to move forward on all three of
these projects. He said express buses need to be added to remove parking off the
Frontage Road.
Nicola Ripley from the Betty Ford Alpine Gardens (BFAG) is excited that Ford Park is
getting attention and is delighted improvements to the gardens would be returned in
spades to the visitors and make the gardens more of a destination to guests. She
supports asking Council to move forward on getting the alpine gardens improved.
Kaye Ferry, resident, stated she had asked at an earlier council meeting, if part of the
funds could be used and keep the rest of the money for a future use. Matt Mire said
clarification on how the town would proceed with this request would be needed. Ferry
said she thinks the golf course club house would win votes but she doesn't know if the
amphitheater and softball fields would defeat the vote. She doesn't see the heads in
bed goal being met at the amphitheater by terracing the lawn area. She thinks the ball
fields is on the cusp and that the vote could go either way. They shouldn't be on the
ballot if the town can keep the rest of the money for future use.
Rich Ten Braak, with the Vail Chamber and Business Association (VCBA), stated the
understanding at the time the conference center was voted, the lodging community was
expecting the conference center to bring heads in beds in April, May, June, September
and October time frames. They still have those missing five months of heads in beds.
Zemler stated staff needs to do polling next. He asked Council if they wanted to test
the three projects that have been discussed with the town voters. Cleveland said the
guest services and information center is out of the consideration for the funds. He said
Town of Vail Council Minutes of June 7, 2011 Page 12
he supports the clubhouse and the sports complex expansion is important. He wants
more clarification of what the amphitheater included.
Hall said $2.1 million would include the entry area, tiering of the lawn, addition of big
televisions and an east entry restroom. He said the east side loading cost is
approximately $800,000 and is not part of the discussion.
Cleveland said he is supportive of doing all three projects and they meet the general
goals. He said nothing has come up in the last ten years and believes these three
projects will sell and the community will understand.
Tjossem said she agrees with Cleveland and said these are valuable assets and will
keep heads in beds. They need to keep upgrading the town's assets. She said the Gore
Range Pavilion, or whatever they name the pavilion at the golf clubhouse, will get new
heads in beds. She encouraged the Council to go with the three projects. Rogers said
she has always operated on information is power. She said they would be foolish not to
have the question on the polling about what the community wants and to find out if the
community wants to hold on to the money. Daly said this has been a comprehensive
process and gives him the confidence to move forward and do a poll and ask if the
majority of the voters support theses three projects. He said the job of the Council is to
take feedback and select projects that will have the most impact and be economically
viable. He said the current golf clubhouse does not currently reflect Vail's goals and
image. The fields will bring new groups and keep current event groups. He said it was
important to improve the entrance into the alpine gardens. The tiering of the seating at
the amphitheater will open up to more people and the addition of the audio/visual
component will be dramatic. He is in favor of moving forward all three projects.
Newbury said Ten Braak said the lodging community wanted more off shoulder events
and maybe the amphitheater could add more events in May, June and September.
Foley said the clubhouse needs to be improved, as well as the amphitheater and all
three projects need to be polled. He also stated there should be no loss of parking.
Donovan said she Ford Park needs more refinement but to move forward with the three
projects. Cleveland said adding buses may mitigate parking issues.
Mike Ortiz, Director of the Vail Recreation District (VRD), added that their polling is
going to include a Nordic center, golf course clubhouse and pavilion.
Cleveland directed staff to add the three projects on the ballot. Rogers asked why a
poll was necessary if we are already saying these are the projects. Daly said if there
are projects that may not make the whole ballot question pass, they need to know that.
Zemler said they can ask their consultant how to ask the questions.
Town of Vail Council Minutes of June 7, 2011 Page 13
Rogers made a motion to move forward with a pollster; and the motion was seconded
by Foley. A vote was taken, and passed 7-0.
A five minute break was taken at 8:05 p.m.
The fifteenth item on the agenda was first Reading of Ordinance No. 10, Series of
2011, amending 12-13-5: Employee Housing Deed Restriction Exchange Program, Vail
Town Code, to allow for two new methods of exchange including a full fee -in -lieu option
and a deed restriction relocation option.
Nina Timm, Housing Coordinator, stated on February 3, 2011 an applicant asked for a
fee in lieu. And at the March 1, 2011; and again at the April 12, 2011; Vail Local
Housing Authority (VLHA) meetings the VLHA unanimously recommended
adopting the proposed amendments to the Employee Housing Deed Restriction
Exchange Program. At the April 25, 2011 Planning and Environmental Commission
(PEC) the PEC voted 6-1 (Pratt) to forward a recommendation of approval on the
proposed amendments to the Town of Vail's Employee Housing Deed Restriction
Exchange Program. Staff requested the Council approve Ordinance No. 10, Series of
2011 on first reading. This request is to create a mitigation bank. Ordinance No. 10
reflects the VLHA recommendations. She said the PEC met twice to discuss the
amendments. A correction on the ordinance was pointed out to Timm to add "shall
not" on page 3. This correction will be made before second reading.
Rogers made a motion to approve Ordinance No. 10, Series of 2011 as read with one
change on page 3 of the ordinance, number 4 to insert ""shall not" be eligible, and the
motion was seconded by Foley. Further discussion ensued.
Craig Cohn owner of an Employee Housing Unit (EHU) property, said a lock off is
attached to his home. He said he would like to relocate the EHU, as the EHU is 868
square feet and is not appropriate housing. He said the passage of this ordinance
would give him incentive to relocate the EHU.
Steve Lindstrom, a VLHA member, said the VLHA is in support of this ordinance. He
said some housing has some old EHU requirements and the goal is to try to get these
units occupied. Once a unit is deed restricted, the town doesn't care who owns it, as
the deed restriction stays in the pool and that's what the VLHA is after.
John Milligan stated he wants Council to support this ordinance as this is a more
effective and efficient way to manage EHU's. He said the right of first refusal could be
amended as this hinders the process and it should be removed. Timm said the first
homeowner's association sued the town and the town won't work with association's that
have a right of first refusal.
Town of Vail Council Minutes of June 7, 2011 Page 14
A vote was taken and the motion passed, 7-0, with changes as discussed.
The sixteenth item on the agenda was a work session for the Ever Vail development
and was focused on the provision of meeting spaces, employee housing, hot beds, and
office space within the proposed Ever Vail development. The presentation intended to
further the understanding of several elements of the Ever Vail development which are
included in the proposed Resolution No. 6, Series of 2011, amendments.
Warren Campbell, Community Development, stated tonight the applicant is making a
presentation and at the end the staff is asking to continue this item to the next meeting
on ]une 21, 2011.
Dominic Mauriello, representative for Vail Resorts, Inc. presented the Council with an
overview of the meeting spaces, employee housing, hot beds and office space within
the proposed Ever Vail development for Council and the public.
He said the meeting spaces included 9,807 square feet in two locations; 6,320 square
feet in the hotel and 3,486 square feet in E1, which also includes retail, restaurant and
condominiums on top. Both spaces will be managed by the hotel. They also did a
sampling of other meeting spaces. Zoning requires a conditional use permit in the
LMU-2 zone district for meeting space. The number of parking spaces required is 23.
Ever Vail has 34,669 square feet of office space provided in three locations; E1 is 2,887
square feet; E2 is 1,900 square feet; and E5 is 29,882 square feet. None of the office
space is allowed on the first floor. He said half of the office space would be occupied
by Vail Resorts (VRI) and the other half by other businesses. There is a net increase of
4,846 square feet of office in Ever Vail. No net loss of office only applies in West
Lionshead. Office space requires a conditional use permit in LMU-2, can't occupy space
on the first floor and proposed amendments clarify the amount of office space required
in the Ever Vail project. The office parking spaces requires 72 parking spaces, and net
new employee housing requires 1,050 square feet for three employees. Regarding the
hotels and hot beds, currently there are 102 hotel rooms: in E3 there are 56 rooms and
E6 has 46 rooms. They did a hotel comparison with pure hotels, not counting
condominiums like Manor Vail.
Daly said the original survey stated there were 120 hotel rooms not 102. Mauriello said
the last survey was based on 102 hotels. Rock Resorts added 29 lock off units, and
there are 49 total for the project. He said lockoffs were added but not counted. This
made up the difference with lockoff units. He said if you look at the entire project, Ever
Vail will have 190 condominiums in the rental pool, 49 lockoffs and 102 hotel rooms for
a total of 341 rental rooms.
Rogers wants to have more information on this at the next meeting. Newbury said they
would like a poll from different projects with a mix that make up the comparison; i.e.
Town of Vail Council Minutes of June 7, 2011 Page 15
hotels versus mix versus condominiums. Rogers asked if they will have to go through
the VRI program or be able to go through other rental programs.
Mauriello said he will have to verify and get back with Council. A hotel is a permitted
use in the LMU-2 zone district, and proposed amendments to LHRMP identify a hotel as
an appropriate use in Ever Vail. The parking requirement is 55 parking spaces and
employee housing generates 71 employees at 20% mitigation rate or 14.2 employees
housed in 4,970 square feet.
He said live beds were summarized by hot beds, warm and cold beds. Hot beds were
hotel rooms; warm beds were timeshare, fractional, short-term rental units; cold were
whole ownership condos not in rental program. He said commercial linkage requires
67.53 employees to be housed (16,822 to 23,635 square feet) and the inclusionary
requirement is 57,132 square feet of employee housing is required. In Ever Vail, on site
employee housing is 41 employees or 49,659 square feet.
Cleveland asked for clarification at the next meeting on what "on -site" means.
Mauriello said off site requirements or allowance mitigation is allowed. This allows
more employee housing upfront and off site when no housing is on a particular phase.
Further discussion ensued regarding ownership and operation of the office spaces,
discussion of no net loss in Lionshead as a whole and not just West Lionshead and the
square footage requirement for employees and why there is a reduction of hotel rooms;
what percentage of units in Lionshead are in rental programs and provide an analysis
and include Manor Vail; what type of units, lockoffs or hotel rooms are most attractive
to guests what numbers exist and occupancy numbers, any restrictions for owners in
rental programs, provide background data on occupancy rates, and define on site
versus off site with EHU's. Cleveland asked if office space is in three different buildings,
how will phasing happen as it displaces VRI employees and when will they come on
line; and will a proposed phasing program be in the plan.
Missing components include retail space ownership, how much retail, phasing and what
is anticipated for VRI ownership. Daly said guarantees for significant office space for
other entities for perpetuity are needed and Council needs to understand how that
breaks out. Foley asked Mire what the disclaimer means at the end of the document on
page 26. Mire said this information is provided to build a framework only. The
guarantees come from a developer improvement agreement and proposal at the time of
submitting the plans. Newbury said they need to be careful to make sure there is no
net loss of office space.
At the end of the presentation, Warren Campbell, requested the Council continue the
public hearing on the request for the Major Subdivision, Ordinance No. 7, 8, and 9,
Town of Vail Council Minutes of June 7, 2011 Page 16
Series of 2011, and Resolution No. 6, Series of 2011 to the June 21, 2011 public
hearing.
Daly made a motion to continue the public hearing of Ordinance Nos. 7, 8, an�9, and'
Resolution No. 6, Series of 2011 to the June 21, 2011, public hearing; the motidn-Was
seconded by Donovan. A vote was taken and passed, unanimously, 7-0.
George Ruther said all questions asked by Council will be responded to at the next
meeting.
The seventeenth item on the agenda was adjournment.
Foley Made a motion to adjourn the meeting; and the motion was seconded by
Donovan. A vote was taken and the motion passed unanimously, 7-0. The meeting
adjourned at 9:17 p.m.
o�N•OF•V,q'�C Respectfully submitted,
1 • �
. _
•. • Dick Cleveland, ayor
COLOFsP
Attest:
Lo�eleiDonaldson
Town Clerk
Town of Vail Council Minutes of June 7, 2011 Page 17